COVID-19 Shows Why We Need to Re-Empower People Through the Civil Courts
It is now beyond debate – or at least it should be – that we, the people of the United States, have been failed by the Trump administration and its conservative apologists in Congress in their response to the COVID-19 pandemic. They failed to put in place mechanisms for systematic testing and contact tracing. They failed to coordinate the efficient acquisition of essential medical equipment such as ventilators and personal protective equipment. They failed to provide for an orderly phase-down of non-essential economic activity. They failed to establish clear, enforceable safety standards protect consumers, workers, and their families engaged in essential economic activity. This stopped being a public health crisis a long time ago. The pandemic is now more fairly characterized as a crisis of government.
Fortunately, our democracy has a crucial safety valve that stands ever ready to kick in when our representatives fail to protect us: the civil courts. These courts offer a unique forum in which any one of us is empowered to provide directly for our own safety by holding to account those who have harmed us. The justice courts dispense goes well beyond compensating the victims of malfeasance; it also sends a loud signal to unscrupulous people …
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