The Commentary piece succinctly and cogently lays out the issue and argument pertaining to liberty interest. Which, unfortunately, has been weakened, if not destroyed by the silly opposition to masks. Finding a balance between health and liberty in what is going to be, it appears, at the least a year long pandemic is a worthy and important topic to debate. It’s not simply a matter of those on one “side” that “just want to save lives” and those on the other “side” that are “selfish”. On a local level, compare San Mateo’s County’s response to Santa Clara’s. Do you believe San Mateo’s Health Czar cares less about saving lives than Santa Clara’s. Same question re Alameda and Contra Costa. As to the latter, they both are in the “red “ tier. Contra Costa has moved forward with opening indoor restaurants while Alameda county still disallows. I live on the border of the two counties. To differentiate in essentially the same geographic region is simply absurd. All it does is provide a competitive advantage to those businesses in Contra Costa County as opposed to those in Alameda county.
If I owned a restaurant in Alameda county I’d be looking at the possibility of filing for injunctive relief to seek an order allowing me to open up. Although it’s always exceedingly difficult to obtain that form of relief. Still, I fail to how this discrimination amongst neighboring locales based solely on what the health Czar decides passes Constitutional (State) muster - particularly when the State has set the standard.
I also agree completely with the sentiment, expressed in the article that Federal and State legislators have been all too willing to cede authority to the Executive. At the Federal level it’s led to a rise in Executive Orders as legislation. Congress has become feckless when it comes to legislating. It would rather investigate.
EDIT: so this is not taken out of context - Trumps tweets re Whitmer are disgusting.
If I owned a restaurant in Alameda county I’d be looking at the possibility of filing for injunctive relief to seek an order allowing me to open up. Although it’s always exceedingly difficult to obtain that form of relief. Still, I fail to how this discrimination amongst neighboring locales based solely on what the health Czar decides passes Constitutional (State) muster - particularly when the State has set the standard.
I also agree completely with the sentiment, expressed in the article that Federal and State legislators have been all too willing to cede authority to the Executive. At the Federal level it’s led to a rise in Executive Orders as legislation. Congress has become feckless when it comes to legislating. It would rather investigate.
EDIT: so this is not taken out of context - Trumps tweets re Whitmer are disgusting.


