Dec 9, 2021
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Declaration of Independence, Preamble
Abraham Lincoln called the Declaration of Independence “a rebuke and a stumbling-block to tyranny and oppression.” The spirit of the Declaration is seen in our Constitution:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
U.S. Const., Preamble
As Americans we prize our freedom, our Liberty. Historically, Liberty has been jealously guarded by the Courts. Over the years, the Supreme Court has sought to explain what Liberty means and what it entails:
“[Liberty] denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”
Meyer v. Nebraska, 262 U.S. 390 (1923).
Liberty includes “a right to be free from and to obtain judicial relief, for unjustified intrusions on personal security.”
Ingraham v. Wright, 430 U.S. 651 (1977).
“[Liberty] is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective.”
Bolling v. Sharpe, 347 U.S. 497 (1954).
Liberty and the freedoms that comes with it, however, are not absolute. For example, “[t]he most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic … .” Schenck v. United States, 249 U.S. 47 (1919). The Bolling court also highlighted an important limit on Liberty – “it cannot be restricted except for a proper governmental objective” (highlight added).
Liberty v. Vaccine Mandates
In 1905, in the midst of a small-pox outbreak, the U.S. Supreme Court held that local authorities could mandate vaccination on penalty of a fine for refusal:
“Upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”
Jacobson v. Massachusetts, 197 U.S. 11 (1905)
In South Bay United Pentecostal Church v. Newsom 140 S.Ct. 1613 (2020), a local mask mandate during the COVID-19 pandemic was challenged. Chief Justice John Roberts affirmed the central position of Jacobson v. Massachusetts:
Our Constitution principally entrusts “[t]he safety and the health of the people” to the politically accountable officials of the States “to guard and protect.” Jacobson v. Massachusetts, 197 U. S. 11, 38 (1905). When those officials “undertake to act in areas fraught with medical and scientific uncertainties,” their latitude “must be especially broad.” Marshall v. United States, 414 U. S. 417, 427 (1974). Where those broad limits are not exceeded, they should not be subject to second-guessing by an “unelected federal judiciary,” which lacks the background, competence, and expertise to assess public health and is not accountable to the people.
Newsom, 140 S. Ct. at 1613-14.
Right now, the focus of the constitutional debate surrounding the Biden administration’s COVID-19 vaccine mandate is on the issue of federal power versus states’ rights. The opponents of the mandate argue that the federal government is overstepping its federal powers and interfering with state powers under the Tenth Amendment, which provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
However that Constitutional issue is resolved, there is still an issue whether any COVID-19 vaccine mandate is Constitutional. As we know from the cases discussed above, the power of government (federal or state) may sometimes prevail over an individual’s Liberty. When that happens, however, the government’s actions must be carefully scrutinized so that the government’s power is “not exceeded.” With that in mind, consider this:
Is the COVID-19 pandemic (1.6% mortality rate[1]) a situation where a “proper governmental objective” (mandated vaccine to protect the masses) should overtake an American’s Constitutional right to Liberty (freedom of choice over one’s body)?
[1] Johns Hopkins Coronavirus Resource Center (https://coronavirus.jhu.edu/data/mortality)
Nov 30, 2017
Last month, the team at Curnutt & Hafer, L.L.P. obtained two more appeal court victories for the firm’s clients.
First, the Texarkana Court of Appeals affirmed a ruling obtained by partner Kelly Curnutt dealing with the statutory family allowance in a probate case arising from an inheritance dispute. The ruling effectively doubled the financial result for the firm’s client.
Second, the Texas Supreme Court denied review of a judgment obtained by partner Kelly Curnutt and associate Adam Alexander for the firm’s clients in a wrongful death jury trial in Fort Worth, Texas.
About Curnutt & Hafer, L.L.P.
The team at Curnutt & Hafer provides high-quality representation focused on bottom line results. A recognized business trial practice and listed as a “Go To” litigation firm in the Fortune 500 list of attorneys, they have the know-how and experience to solve every legal problem, whether in the boardroom, the field or the courtroom. Areas of practice include commercial litigation, will disputes and probate litigation, oil and gas litigation, franchising, insurance coverage and bad faith, and injury and death cases.
Oct 6, 2017
Curnutt & Hafer is proud to announce that Kelly Curnutt, business trial attorney and co-founder of Curnutt & Hafer, L.L.P., has been selected as a 2017 Super Lawyer for the sixth consecutive year.
Super Lawyers is a
rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
The “Super Lawyer” designation is a nationwide rating based on a thorough evaluation process combined with independent research and peer review. Once a candidate is nominated, he or she is evaluated on a dozen indicators, including verdicts and settlements, experience, professional activity and honors. Super Lawyer status, which is granted annually on a state-by-state basis, is given to no more than 5 percent of the lawyers in each state.
About Curnutt & Hafer, L.L.P.
The team at Curnutt & Hafer provides high-quality representation focused on bottom line results. A recognized business trial practice and listed as a “Go To” litigation firm in the Fortune 500 list of attorneys, they have the know-how and experience to solve every legal problem, whether in the boardroom, the field or the courtroom. Areas of practice include commercial litigation, will disputes and probate litigation, oil and gas litigation, franchising, insurance coverage and bad faith, and injury and death cases. Visit CurnuttHafer.com to learn more.
Oct 4, 2017
Curnutt & Hafer, L.L.P. is pleased to welcome back Logan W. Simmons as our associate. Simmons was previously a member of our team from 2007-2015. His areas of focus include business litigation, oil and gas disputes, franchise disputes and personal injury cases.
From 2015-2017, Simmons served as staff attorney to Justice Sue Walker in the Second District Court of Appeals in Fort Worth, Texas. His efforts in representative matters have resulted in favorable judgments for his clients, including a mid-six figure judgment for an estate in a breach of fiduciary duty action and assisting franchisors in litigation against current and former franchisees.
Two-time winner of the Texas Bar Journal annual short story contest, Simmons’ articles include Good News, Sunshine (2016, first place) and Johnny Flash (2017, second place).
Simmons received his J.D. from The University of Texas School of Law. He served as the Associate Editor for the Texas Review of Law and Politics and was one of only seven recipients of the Townes-Rice Scholarship. Named the Robert Miller Scholar, Simmons also holds a B.S. in Political Science from Baylor University.
About Curnutt & Hafer, L.L.P.
The team at Curnutt & Hafer provides high-quality representation focused on bottom line results. A recognized business trial practice and listed as a “Go To” litigation firm in the Fortune 500 list of attorneys, they have the know-how and experience to solve every legal problem, whether in the boardroom, the field or the courtroom. Areas of practice include commercial litigation, will disputes and probate litigation, oil and gas litigation, franchising, insurance coverage and bad faith, and injury and death cases. Visit CurnuttHafer.com to learn more.
Jul 26, 2017
Curnutt & Hafer is proud to announce that Douglas Hafer, business trial attorney and co-founder of Curnutt & Hafer, L.L.P., has been selected to membership in the 2017 list of the “Nation’s Top One Percent” by the National Association of Distinguished Counsel (NADC).
According to the NADC announcement, members are thoroughly vetted by a research team, selected by a blue-ribbon panel of
attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.
About the National Association of Distinguished Counsel
NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize individual attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate. Visit distinguishedcounsel.org for more information. Follow this link to view Douglas Hafer’s NADC profile.
About Curnutt & Hafer, L.L.P.
The team at Curnutt & Hafer provides high-quality representation focused on bottom line results. A recognized business trial practice and listed as a “Go To” litigation firm in the Fortune 500 list of attorneys, they have the know-how and experience to solve every legal problem, whether in the boardroom, the field or the courtroom. Areas of practice include commercial litigation, will disputes and probate litigation, oil and gas litigation, franchising, insurance coverage and bad faith, and injury and death cases. Visit CurnuttHafer.com to learn more.