>You started with "these aren't constitutional rights violations by definition" which is specifically what I took issue with, and now moved into explaining why you believe these measures may survive strict scrutiny.
I used the latter as a means of criticizing the former - if these measures were unconstitutional by definition, it would be impossible for them to survive strict scrutiny even in theory. Even AG Barr's memo concedes their legality, while warning about the potential of abuse.
I can agree with: "These aren't ipso facto constitutional rights violations."
Totally disagree with: "By definition, these aren't constitutional rights violations."
So I think we do probably violently agree, and I probably misinterpreted your: "These aren't constitutional rights violations by definition." statement.
Another way to think about it is that they obviously do violate Constitutional rights, but this is actually allowed only under very specific and limited circumstances, of which COVID may in fact be one of, but such a thing has never been tested in front of the Supreme Court as far as I'm aware.
I used the latter as a means of criticizing the former - if these measures were unconstitutional by definition, it would be impossible for them to survive strict scrutiny even in theory. Even AG Barr's memo concedes their legality, while warning about the potential of abuse.
Otherwise I think we're in violent agreement.
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