NASHVILLE, Tenn. (WTVF) — Tennessee Attorney General Herbert Slatery III issued an opinion Friday on governmental mandates to wear masks to prevent the spread of COVID-19, saying that such a mandate would be constitutionally defensible.
Citing 1905 U.S. Supreme Court case "Jacobson v. Massachusetts," Slatery points out the Supreme Court has recognized for over a century that "a community has the right to protect itself against an epidemic of disease which threatens the safety of its members." Further, in an epidemic - or pandemic, in the case of COVID-19 - the traditional extent of what Slatery calls judicial scrutiny doesn't always apply.
In such circumstances, courts can only overturn orders that have no "real or substantial relation" to protecting public health, or those that present a "plain, palpable invasion" of clearly protected rights.
In "Jacobson v. Massachusetts," it was ruled that the population of Cambridge, Mass. would be required to receive a small vaccination in the wake of an outbreak there.
Slatery says requiring a person to wear a mask during a comparable health crisis is arguably less invasive than requiring a vaccination, and because a substantial relation has been found between wearing a mask and the prevention of COVID-19 spread, the precedent left by "Jacobson v. Massachusetts" is satisfied in the case of a mask mandate.
In further arguments, Slatery says a mandate to wear masks wouldn't be a threat to personal liberty. While the Fourteenth Amendment prohibits liberty be deprived from individuals without due process, the Constitution doesn't recognize any absolute or uncontrollable liberties.
Slatery cites rulings in which challenges to Tennessee's mandatory seat belt law and the state's motorcycle helmet law were rejected.
"It follows that a challenge to a governmental face-cover mandate as violating the constitutional right to liberty is almost certain to be rejected by the courts," Slatery says. "The face-cover mandate is likely to be held to be a reasonable regulation to mitigate the transmission of COVID-19 and would not constitute an unconstitutional infringement on liberty interests."
Read Slatery's full written opinion here.
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COUNTY-BY-COUNTY CASES IN TENNESSEE
What is COVID-19 (a.k.a. the new coronavirus?)
According to the World Health Organization, coronaviruses (CoV) are a large family of viruses that cause illness ranging from the common cold to more severe diseases. Examples include the Middle East Respiratory Syndrome (MERS-CoV)and Severe Acute Respiratory Syndrome (SARS-CoV). A novel coronavirus (nCoV) is a new strain that has not been previously identified in humans. COVID-19 stands for "Coronavirus disease 2019," which is when this strain of the coronavirus was discovered.
What are the symptoms?
The CDC says patients confirmed to have the 2019-nCoV reportedly had mild to severe respiratory illness with:
- Cough
- Shortness of breath or difficulty breathing
Or at least two of the following symptoms:
- Fever
- Chills
- Repeated shaking with chills
- Muscle pain
- Headache
- Sore throat
- New loss of taste or smell
At this time, the CDC believes symptoms could appear as soon as two days after exposure, or as long as 14 days.
Prevention
The CDC is recommending "common sense" measures such as:
- Wash your hands often with soap and water for at least 20 seconds. If soap and water are not available, use an alcohol-based hand sanitizer.
- Avoid touching your eyes, nose, and mouth with unwashed hands.
- Avoid close contact with people who are sick.
- Stay home when you are sick.
- Cover your mouth and nose with a cloth face cover when around others.
- Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
- Clean and disinfect frequently touched objects and surfaces.
