A separate ACLU report from 2015, issued during the ebola epidemic, contained a similar message. It warned “against politically motivated and scientifically unwarranted quarantines, which the report found violated individuals’ rights and hampered efforts to end the outbreak.” Hysteria over ebola became so intense that the ACLU “found that people were illegally deprived of their right to due process under the 14th Amendment because the quarantines and movement restrictions were not scientifically justified.”
While both reports acknowledge that more restrictive measures can be justified under extreme circumstances, the crux of each is that voluntary compliance is better than coercion, that state mandates typically fail, and that the far greater danger is vesting too much power in the hands of the state, which it will never relinquish given the permanence of pandemics.
How the ACLU fell from those traditional and vital civil liberties positions to urging this week in The New York Times that “far from compromising civil liberties, vaccine mandates actually further civil liberties,” is anyone’s guess. But what is beyond doubt is that it is a far fall indeed. And most of all, hearing the ACLU invoke the standard rationale of authoritarians — we all have the fundamental right to bodily integrity and to make our own health care decisions, but these rights are not absolute — is nothing short of jarring.
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