The thing that occurs to me when I read about challenges to a mask mandate is that the person involved in issuing that order is usually a governor and/or a president.
Dr. Fauci could easily pledge to a court COVID-19 is a public health issue that has multiple dimensions of threat, including, the OPPORTUNITY for a Level Three virus to mutate creating a severe life threatening issue to human beings on planet Earth.
I sincerely believe public health mandates should be issued by the leadership of any health department, including HHS. The executive of the government can always back that public health mandate. But, in all sincereity I believe a mask mandate if issued by the leadership of the health department at any level, local, state or federal, is far more enforceable and less of a States Rights and/or Individual Liberty problem to the courts.
It is difficult to argue with a health official if they have the credentials, knowledge and research to back them up. The executive, on the other hand, does not necessarily have the credentials. The executive has the ability to issue enforcement of that public health mandate which he or she is controlled by as well. A public health mandate would require the executive at any level of government to fall into line with the issuance of the emergency.
Public health issues on a federal level means the contagion can travel across state boundaries and controlling THE SPREAD is a matter of national necessity as well as individual and/or state necessity. An example is the bordering states problem. There are states that comply with CDC, FDA and NIH recommendations and then there are bordering states that do not require any protections from THE SPREAD. One state that is irreverent to the potential of a Level Three virus can cause enormous problems for everyone and that is what we are seeing.
I challenge any state in this country to violate the Clean Air Standards. The EPA can pass regulations that would classify the virus contagion as a threat to air quality. We know that Dr. Fauci uses indoor air standards differently than outdoor air standards. The US EPA has indoor and outdoor air standards. This contagion is no different than a deadly sized particle or a gas that causes disease over time.
The Clean Air Act is completely applicable in this instance as well as any standard the USA military may have in protecting the lives of Americans from biological or chemical warfare. I remind, that under the presidency of George W. Bush, there were enormous numbers of vaccine stored for the purpose of vaccinating the American people from a 1918 flu type epidemic. Therefore, there is precedent.
I strongly believe if these principles were applied to the existing efforts, the mask mandates and vaccine mandates will hold as what is necessary for every American to OBEY in the case of ending this very dangerous virus and it's variants. Variants are real and adhere to existing science in understanding viruses. This is not a political game. This is survival and the courts have to see it that and enforce the standards handed down by public health authority.
Ask anyone in non-compliance with established science if they rather be in a jail where the virus has rampaged and see what they say.
Just as a side note, I remember when I was 5 years old. Yes, I remember. Imagine what the children today are going to remember. My father took me to the local elementary school gymnasisum to recieve sugar cubes containing polio vaccine. The polio vaccine could be taken orally.
If those days of WELCOME compliance to save the lives of children from an acquired nightmare that would alter their reality forever, is gone, then the methods of government has to change with the bizarre antics of making COVID-19 a political issue. COVID-19 is a non-discriminating virus that doesn't recognize political lines.
