Attorney General: Mask Mandates Are Legally Defensible

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NASHVILLE, Tennessee (AP) — Tennessee’s attorney general says mask mandates are constitutionally defensible in an opinion that comes as some county mayors have moved to enact the requirements.

Attorney General Herbert H. Slatery III wrote in an opinion Friday that for more than a century, the U.S. Supreme Court has recognized that “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

Slatery wrote that courts can only overturn orders that have no “real or substantial relation” to protecting public health or are “beyond all question, a plain, palpable invasion of rights secured by the fundamental law,” The Tennessean reported.

When determining if a face mask mandate could be unconstitutional, Slatery concludes that the mandate doesn’t amount to a “plain, palpable invasion of rights secured by the fundamental law.”

“Requiring a person to wear a face covering during a comparable public health crisis is no more invasive — indeed is arguably less invasive — than requiring a person to be vaccinated,” Slatery wrote.

Slatery compared mask mandates to challenges of the seat belt law and helmet requirement for motorcyclists. Arguments against these two laws have been rejected with courts finding they are safety measures allowed under the state’s authority.

Following these two cases and their outcomes after appearing before courts, Slatery says it’s likely any legal pushback for mask mandates will reach the same outcome.

 

 

 

 

 

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3 Thoughts to “Attorney General: Mask Mandates Are Legally Defensible”

  1. 83ragtop50

    What else would one expect from Slatery? He is on the wrong side of too many important issues to keep count.

  2. David S. Blackwell RN, BSN

    Ridiculous. There is no scientific date that suggest wearing a mask stops the spread of Covid 19, flu, etc. It’s about as tantamount as wearing red for breast cancer awareness. It’s a feel good measure only. I would much rather they mandate we wear a Covid / Obesity awareness T-shirt.

    1. Horatio Bunce

      Indeed, mandating the do-nothing masks is nothing less than evil, pretending they do anything to prevent passage of virus particles giving a false security that can only be there when there is no actual health threat.

      If they really work for respiratory viruses, then let’s do away with the flu shots and just wear masks. Because those shots are spreading the flu throughout our communities every year, and carry a 0.5% death rate themselves- more than the faked Covid19 deaths.

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