I previously suggested that auctioneers do not have a constitutional or natural right to “medical freedom.” Of course, many auctioneers countered that they indeed have a constitutional right to refuse a vaccine, as well as nobody should have to submit to a vaccine to maintain their employment.

I was also told that I should “stay in my lane” as an auction expert witness and analyst, although those auctioneers telling me that were — as well — commenting about health (and political) issues … but this issue does continue to involve thousands of auctioneers every day as they interact with the public.

Two (of several) of my writings on this subject are here: https://mikebrandlyauctioneer.wordpress.com/2021/10/17/auctioneers-and-medical-freedom/ and here: https://mikebrandlyauctioneer.wordpress.com/2021/09/15/auctioneers-freedom-and-liberty/.

Notably, a recent U.S. District Judge’s ruling caught my eye:

U.S. District Judge Ann Aiken wrote in her opinion Tuesday that the U.S. Constitution offers no fundamental right for someone to refuse a vaccination, adding that the shots are in [our] Oregon’s best interest to help slow the spread of the virus. In her 26-page opinion, Aiken said that people’s safety was more important than whatever individual challenges unvaccinated workers might face by not getting immunized.


As was argued in this above-referenced case, there is case law suggesting a mandatory vaccine is in fact constitutional. Our country has generally held that benefits for the “greater good” outweigh those rights of individuals. We keep repeating this quote from the Supreme Court of the United States:

Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others.

Justice John Marshall Harlan

I would invite everyone (not just auctioneers) to read the above from Justice John Marshall Harlan. If you have the right to do anything … even affecting my rights, then I would have the same right to do anything … including affecting your rights?

I’m not a doctor, lawyer nor expert on medical issues — and most auctioneers share this same lack of education and training. Yet, I have researched this issue and find that most who have truly researched it agree the COVID-19 virus is highly contagious and dangerous.

It appears academic that if we as auctioneers are acting carelessly around our clients and customers, that too is dangerous and ill-advised. Of course, you’re entitled to your own opinions, but not your own facts. Further … quoting others’ opinions lacking facts is no better.

As well, when it comes to “natural immunity” versus a vaccine, the CDC says there’s substantial evidence that unvaccinated people who have recovered from COVID-19 are more than twice as likely to catch this virus again compared to previously infected vaccinated people.

So you can keep telling me your rights are more important than mine — and more important than anyone else’s — and while you are incorrect about that, you don’t necessarily have to submit to the facts, although you should. You can continue to believe life is all about you and nobody else matters.

Especially in regard to clients, you should remember you owe common law fiduciary duties to that seller/consignee including loyalty and reasonable care: https://mikebrandlyauctioneer.wordpress.com/2009/11/18/what-do-auctioneers-owe-their-clients/. It’s likely these two duties alone dictate you don’t infect or kill your client.

Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services, and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auctioneers Association’s Designation Academy and Western College of Auctioneering. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.