Indeed, which is why the courts have failed in their lack of application of due process requirements here. It was their job to keep the burden on the executive and legislative branches and our job to make sure they did.True, but given the history of skirting the concept of ex post facto, I would never be confident that any assurance of "consequence free" would not be retroactively reversed in the future.
Both failed.
Sadly, we've done too good of a job with religion as we can see with the Catholic Church scandal, so I know it is possible to draw bright lines. They have turned this whole process on its head though and are working harder to do so with all of these centralized database, mandatory reporting mechanisms. It is a profound 4A and 5A violation as far as I am concerned and not conducive to disclosure to medical professions to put it lightly.
So, you are arguing they could never make these protections strong enough when they are on the opposite end of the spectrum trying to remove any remaining concepts of being secure in your persons and papers and free from testifying against yourself.