Nearly 40 States Require Face Masks. But Is It Constitutional?

Louisiana Attorney General Jeff Landry, Wiki
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Nearly 40 states now require face masks after CDC Director Dr. Robert Redfield said if the American public were to embrace masking now the pandemic could be brought to heel in less than two months. [It always has been at heel.]

Louisiana Attorney General Jeff Landry, a Republican, issued a 9-page opinion against Governor Bel Edwards’ mask order because it is “likely unconstitutional and unenforceable” and that the mandate cannot be enforced without facing financial or criminal penalties. He said the governor has no power to turn an executive order (which is an directive to government employees under him) into a law, which applies to citizens. According to Landry, companies and police that try to enforce the mandate, under color of law could face liability if individual civil rights are violated because of it. Landry concluded: “The mask mandate flatly violates due process, separation of powers, the delegation clause, state public accommodation anti-discrimination law, and it is unenforceable.” -GEG

Louisiana Attorney General Jeff Landry (R) said Wednesday in a 9-page legal opinion that the Democrat governor’s mask mandate is “likely unconstitutional and unenforceable.”

Democrat Governor John Bel Edwards over the weekend announced a statewide mask mandate and additional restrictions for bars.

The Republican Attorney General said the Governor’s additional restrictions being placed on citizens has no rhyme or reason and doesn’t appear to serve achieving a goal.

“The governor’s recent mandate does not appear to serve achieving any type of goal or mission in a manner consistent with statutory authority and constitutional provisions,” Landry wrote.

Landry also said the new mandate cannot be enforced with financial or criminal penalties.

“Although the mask mandate and the 50-person limit may be good recommendations for personal safety, they may not be enforced with financial or criminal penalties,” Landry wrote. “Both businesses acting under color of law as mask police and actual police acting as mask police could face liability if individual civil rights are violated due to the proclamation.”

Landry also said that the Governor has no power to make substantive law through an executive order, even in an emergency and asserts that the mask mandate “exposes individuals to unlawful searches and seizures, as well as burdens them with exposing potentially sensitive personal health information and having it exposed to others in a public setting.”

“The mask mandate flatly violates due process, separation of powers, the delegation clause, state public accommodation anti-discrimination laws and it is unenforceable,” Landry wrote.

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Bill Young Jr.
Bill Young Jr.
2 years ago

If the order as written is not constitutional, then they had better rewrite it ASAP so that it is. The idea that ordering citizens to wear masks (or do any other life protecting actions recommended by experts) during a crisis IS, on a broad basis, 100% constitutional. The primary duty of ANY government at any level, indeed its MAIN purpose, is to protect the individual rights of its citizens. And the most important of these rights, listed first in the Bill of Rights, is our RIGHT TO LIFE. The person challenging this, is doing so based upon enforceability issues, juristiction… Read more »

2 years ago
Reply to  Bill Young Jr.

Using your argument I could advocate placing the entire population of the country in strait-jackets. It’s normal for 7,500 people to die in the USA every single day. If you want to live in an isolation bubble to protect your life then fine, you have the right to do so, but don’t use the government to infringe on my right to choose not to protect myself. It’s like wearing a bullet proof vest. Just because you want to wear one doesn’t give you or anyone else the right to make me wear one, because my wearing one or not has… Read more »

2 years ago

The following is the bottom line. No matter how dangerous COVID19 may be, COVID19 is orders of magnitude less dangerous than authoritarianism, totalitarianism or communism. THE reason absurd COVID19 measures are being pushed is the desire of communists and other totalitarians to take total control of everyone and turn everyone into their slave. Even if COVID19 was the most dangerous disease in the history of mankind, it would be nowhere near as dangerous as communism or any other variant of totalitarianism or authoritarianism. Those who push for authoritarian measures must be immediately exterminated … otherwise the entire planet of human… Read more »

2 years ago

The people will not cower to communist lunacy. They WILL apply common sense precautions. Leave the ‘mandates’ in beijing. No cap used on that communist dump hole for pure disrespect to the yellow dogs.

Caroline Moore
Caroline Moore
2 years ago

I am so glad someone is finally speaking up against these “mandates” that apply to citizens, but shouldn’t. Thank you Jeff Landry!!

Joe Donuts
Joe Donuts
2 years ago

This is an opportunity to make a lot of money in lawsuits against tyrants. The wealth can be transferred from the rich assholes to the poor who are brave enough to be test cases. All we need is a good lawyer to organize a class action suit.

Gail Hudler
Gail Hudler
2 years ago

AG Barr said that he would be watching to see if states overstepped and violated our constitutional rights. I feel sure that would pertain to the states who have closed the churches but am not sure about the mask issue. A lot of our individual rights have been taken away.

2 years ago