Liberties and COVID-19

In order to restrict constitutional rights, government must have a compelling state interest, with no reasonable less-restrictive alternative.  The restrictions must be no broader than necessary to achieve the identified compelling state interest. Protection of our personal liberties in times of crisis is crucial. Hard cases often produce bad law. All across our country right now, localities, states, and the federal government are regulating personal conduct and property rights in the general interests of public safety based on assumptions and statistics that may or may not hold true. Most of the regulations are well-meaning. Some may be motivated by politics.  It is difficult to find truly objective facts on whether or not all the restrictions are necessary or even effective.  Of course, everyone should be invested in the health and welfare of our neighbors and the nation as a whole. However, we should also be vigilant in the protection of personal liberty, which is at the heart of our nation.  Once liberties are eroded, it sets precedent that can be used to justify government actions in a completely different context. This is the first time in recent history that our nation as a whole has been forced to deal with widespread restrictions on our businesses, property rights, movements, and personal conduct. As much as we want to do our civic duty, all these restrictions don’t feel right to us as freedom-loving Americans, especially as the crisis drags on. We will continue to monitor government actions and programs with the goal of assisting our individual and business clients in this difficult climate.