Are the Courts Committed to Liberty?
10th August 2021
I read this morning about how some companies are deducting $50 from unvaccinated employees’ pay. My mind immediately went to how an employee (and their lawyer) would go about making out a claim against their employer and the defenses that the employer might assert. Is there a documented difference in medical expense between the vaccinated and unvaccinated employee? Does the employer track health information about employees and apply a surcharge for costs associated with other chronic or lifestyle sourced health outcomes for which the employer pays?
But then I paused and thought about how rigorous a court these days would be in protecting the rights of the individual employee or any individual these days? Sure, there is a lot of procedural protections in criminal cases and these are non-controversial in contemporary law. It is kind of a muscle memory of the courts to apply Miranda rights and evidence exclusion when criminal due process is at issue. Rights are routinely safeguarded except, maybe, in the Capitol breach cases; except, maybe, in health orders that restrict religious practice; except, maybe in landlord-tenant rights in a pandemic; except, maybe…. You see where I am going.