Prominent liberal attorney and former Harvard Law professor Alan Dershowitz said this weekend that Americans have “no right” to refuse to wear a mask or open their businesses against executive lockdown orders. Additionally, argued Dershowitz, the state has every right to “plunge a needle into your arm” and forcibly vaccinate you when contagious diseases are at issue.
“Let me put it very clearly,” the lawyer said, speaking to podcast host Jason Goodman. “You have no constitutional right to endanger the public and spread the disease, even if you disagree. You have no right not to be vaccinated, you have no right not to wear a mask, you have no right to open up your business.”
“[But] If you refuse to be vaccinated [for a contagious disease], the state has the power to literally take you to a doctor’s office and plunge a needle into your arm,” Dershowitz continued.
“You have no right to refuse to be vaccinated against a contagious disease,” he said. “Public health, the police power of the Constitution, gives the state the power to compel that. And there are cases in the United States Supreme Court.”
“That’s what a democracy is about,” Dershowitz argued. “If the majority of the people agree and support that, for public health measures, you have to be vaccinated, you have to be vaccinated.”
“They should give you an alternative. The alternative is to live in your home, don’t get vaccinated, but never ever leave your home or live in a bubble. But if you want to interact with other people, you cannot become Typhoid Mary.”
“The Constitution doesn’t give you the right to spread your illness to other people,” he added.
Across the nation, governors and local leaders have ordered residents to wear masks in areas where they can’t “social distance,” or, in some cases, any time they step outside.
There seems to be some dispute regarding the legality of such orders, especially when local leaders are implementing mask orders that are not in alignment with the state’s governor. For example, in Texas, a lawsuit was filed challenging a Harris County judge’s authority over a mask order, where Gov. Greg Abbott (R-TX) had not made such an order.
“The rights we enjoy under the Texas Constitution are being trampled on by Judge [Lina] Hidalgo, while millions of individuals have lost their jobs and thousands of businesses are on the brink of bankruptcy,” argued Dr. Steven Hotze’s petition to the Harris County District Court. “If Judge Hidalgo’s Order is not declared unconstitutional and void, once this virus passes, the rights we are afforded under the Texas Constitution will forever be damaged.”
“The suit claims Hidalgo has exceeded her authority by implementing orders more restrictive than those of Gov. Greg Abbott, which take precedence,” explained the Texas Tribune. “It also claims that the Disaster Act limits Hidalgo’s powers to those explicitly outlined in the statute, which ‘does not contain any language forcing private citizens to wear masks, wash their hands, refrain from touching their face, or stay 6 feet away from another under the threat of fines.’”
Dershowitz made waves in January as a crucial figure on President Donald Trump’s impeachment legal defense team.
“Every public official that I know believes that his election is in the public interest. And if a president did something that he believes will help him get elected — in the public interest — that cannot be the kind of quid pro quo that results in impeachment,” Dershowitz argued on the Senate floor in January, triggering a media meltdown.
Author: Amanda Prestigiacomo