BROWNSTONE INSTITUTE 2.8.22
REAL CLEAR HEALTH 2.7.22
PROJECT FORTRESS 2.10.22
BY ALAN W. DOWD
In the first two months of 2020, the Trump administration drafted a policy document—stamped
“not for public distribution or release” and indeed kept from public
view for several months—that would guide decisionmakers at every level
of government and every sector of the economy in dealing with a new
virus that came to be known by the scientific shorthand “COVID-19.” In
March of that terrible year, the administration unveiled elements of
that document under the banner “15 Days to Slow the Spread.” Two years later, Americans are still
fighting to roll back the mandates and arbitrary executive fiats, still
trying to return to normalcy, still clawing back their liberties, still
weighing the lessons learned.
Lesson One: Free nations should never take their cues from tyrant regimes.
Whether
through incompetence or intention, the COVID-19 pandemic was born in
the People’s Republic of China (PRC)—and so was the playbook for
responding to the pandemic.
“It’s a communist one-party state…We couldn’t get away with it in Europe, we thought,” as now-disgraced British epidemiologist Neil Ferguson recalls of the PRC’s response to COVID-19. “And then Italy did it. And we realized we could.”
Ferguson’s computer models terrified governments across the Free World into imitating the PRC and
locking down. From Europe to America to Australia, there were different
shades and gradations to the lockdowns, but all of them trampled upon
individual liberty, human rights and the constitutional rule of law.
The Trump administration’s aforementioned strategy document,
for instance, envisioned “social distancing,” “workplace controls,”
“aggressive containment,” and “non-pharmaceutical interventions” at the
federal, state, local and private-sector level. These would include
“home isolation strategies,” “cancellation of almost all sporting
events, performances, and public and private meetings,” “school
closures,” and “stay-at-home directives for public and private
organizations.”
It’s no surprise that tyrant regimes like the PRC pursued a “zero COVID” strategy, ordered lockdowns, ruled by executive decree,
and limited freedom of movement, freedom of assembly, and religious,
economic and cultural activity—all for what those in power deemed “the
greater good.” Dating to the time of Pharaoh, that’s what tyrants do.
And that’s the very reason America’s Founders wrote a constitution that
limits the power of government—even in times of crisis. President
Eisenhower (in 1957-58) and President Johnson (who was stricken during the 1968-69 pandemic) respected those limits during past
pandemics, and governors and mayors followed their lead. Sadly, the
opposite happened in 2020-21.
Lesson Two: Free societies depend on citizens and leaders who think critically and have a sense of history.
The
destruction wrought by the lockdowns has many fathers—computer-modelers
who terrified federal policymakers with guesses dressed up as
certainties; health officials who were given the levers of government
without any sense of or care for unintended consequences; governors who
ruled by executive fiat. But also sharing in the blame are a media herd
that lazily or purposely conflated terms, inflated tallies,
and fueled fear; a public-education system that has failed to inculcate
critical thinking for more than a generation; a citizenry lacking any
historical knowledge older than yesterday’s top-trending tweet.
James Madison observed that “A people who mean to be their own governors, must arm themselves
with the power which knowledge gives.” Without such knowledge, he
warned, a democratic republic is “a prologue to a farce or a tragedy, or
perhaps both.” And here we are.
There was apparently no one in
the Oval Office in March 2020 with a sense of history—no one with a
modicum of humility to ask: “Haven’t we, as a society and a government,
dealt with viruses like this in the past? Didn’t something like this
happen in the late 1960s and late 1950s?
How did we respond to those pandemics? What did government do—and not
do—back then? Can we trust these computer models? Are the costs of
locking down—economic, societal wellbeing, individual wellbeing,
constitutional, institutional—worth the benefits? Is there anything in
the scientific canon that challenges this lockdown strategy?”
I
knew the answers to such questions in 2020, and I’m no expert in public
administration or public health. I’m just a writer. But such questions
were never asked in Washington in March 2020—and so they were never
answered.
Predictably—albeit far too slowly—the lockdowns proved impractical for a country founded on individual liberty, ineffective from a scientific standpoint and intolerable to an ever-growing number
of Americans. Yet in the COVID culture’s refusal to allow a return to
normalcy and in its Orwellian lexicon—“the next two weeks are
critical…15 days to slow the spread…30 days to flatten the curve…follow
the science…six feet apart or six feet under…shelter in place…track and
trace…no mask no service…proof of vaccination required…get the shot and get back to normal”—we have been reminded of the human tendency to
control other humans, the penetrating potency of fear, and the state’s
default desire to expand its reach and role. Once these pathologies are
unleashed, as they were in March 2020, they are not easily or quickly
subdued.
Lesson Three: The flexibility of federalism is superior to the conformity demanded by centralism.
Blessedly,
our federal system of government—characterized by political power
shared across local, state and federal governments—makes it difficult to
force everyone in every state, every county, every city to do the same
thing and to keep doing it. Wary of centralized executive power, the
Founders wanted it that way. Indeed, they presided over a process that
saw the states create the federal government, not the other way around.
Thus, as Alexis de Tocqueville marveled, “The intelligence and the power
of the people are disseminated through all the parts of this vast
country…instead of radiating from a common point, they cross each other
in every direction.”
Like a real-world civics lesson, the pandemic
highlighted for Americans their decentralized-by-design system of
government: Governors began pushing back against Washington, state
legislators against governors, sheriffs and police chiefs against mayors, businesses, houses of worship and individual citizens against all of the above.
By late 2021, even those who earnestly—if fancifully—believed the federal government could “beat the virus,” as President Biden vowed, conceded that “there is no federal solution.” More accurately, there is no
government solution in a free society to stopping the spread of
COVID-19. To be sure, the federal government can access, allocate and
deliver resources, coordinate multi-agency and multi-sector responses,
stay regulations and make massive bulk purchases. But it cannot stop the
spread of a virus.
Some bristle at the haphazardness of what
evolved into a patchwork response to COVID-19. But this is a reflection
of exactly what America’s Founders envisioned. What made sense for New
Jersey and Oregon, what Californians and New Yorkers tolerated from
their governors in responding to COVID-19, didn’t make sense and
wouldn’t be tolerated in South Dakota or South Carolina, Iowa or
Florida.
Equally important, the laptop class in those lockdown states cannot claim that government policies saved
more lives. Jay Bhattacharya, an MD-PhD professor of health policy at
Stanford Medical School who has studied infectious disease for two
decades, recently sifted through the CDC’s age-adjusted deathrate data
for locked-down California and free Florida. “What I found was that
they’re almost exactly equal,” he reports.
Lesson Four: Under our system, the legislature is the primary branch of government.
Just
as the federal government’s reach must be checked by the states, the
pandemic reminded Americans that executive power must be checked by the
legislature.
America’s constitutional order begins with Article
I’s description of the House of Representatives. The makeup of the House
is determined “by the people”—not by a king or general, not by a
president or governor, not by a committee of experts occupying the
“commanding heights.” Tocqueville wrote of the House of Representatives,
“Often there is not a distinguished man in the whole number.” Yet the
Founders determined that the House—precisely because it reflected the
common man—would take the lead in all the key activities of governing,
especially restraining and reversing executive excess.
State constitutions follow this model. Yet with many state legislatures convening only a
couple months per year—and some permitted to convene in extraordinary
session only by a governor’s order—gubernatorial power ran amok in the
first crucial months of the pandemic. Governors may be granted authority
to take the lead in public-health emergencies. But as state lawmakers, state attorneys general, state and federalcourts, and elected law-enforcement officials made clear, that authority is not absolute. Governors are not empowered
to rule by fiat. Emergencies don’t override the Bill of Rights or basic
human rights—and cannot last forever. A governor’s emergency authority
cannot usurp the powers and prerogatives of the legislature.
Thankfully, dozens of states have restored balance to the constitutional order by reclaiming their role and rolling back gubernatorial powers.
Lesson Five: Every policy must be weighed against unintended consequences.
Government-ordered
lockdowns did more damage than the disease itself. But don’t take my
word for it. “History will say trying to control COVID-19 through
lockdown was a monumental mistake on a global scale,” concludes Mark Woolhouse, a former pandemic advisor to the British government. “The cure was worse than the disease.”
“If
you have a disease and you don’t know its characteristics,”
Bhattacharya explains, “you don’t know its death rate, you don’t know
who it harms, the precautionary principle says, well, assume the worst
about it.” And public-health experts did exactly that. However, even as
they assumed the worst about COVID-19—assumptions which should have been
revised by April-May of 2020, as hard data supplanted the guesswork of
people like Ferguson—they assumed the best about their response to
COVID-19, specifically that the costs of their sweeping policy
directives were justified by the risks of COVID-19 and would do more
good than harm. Bhattacharya calls this “a catastrophic misapplication
of the precautionary principle.”
And so, millions of necessary surgeries were canceled or postponed in the U.S. due to lockdown edicts. Heart-attack death rates soared because fear of COVID-19 kept patients away from needed care. Researchers project thousands of excess cancer deaths in America as a result of delayed screening caused by lockdowns. Half of cancer patients missed chemotherapy treatments. More than half of childhood vaccinations were not performed.
The Brookings Institution concludes,
“The COVID-19 episode will likely lead to a large, lasting baby bust…a
drop of perhaps 300,000 to 500,000 births in the U.S.”—in just a year’s
time. This is not a function of deaths among women of childbearing age,
but rather of fear and despair.
Millions of Americans were put out
of work, as government lockdowns erased careers and entire industries.
The isolation, job loss and depression triggered by the lockdowns led to
tens of thousands of deaths from substance abuse and suicide, alongside dramatic spikes in suicide attempts among teenage girls and drug-overdose deaths.
Domestic violence and childhood malnutrition increased because of the lockdowns. Hundreds of thousands of cases of child abuse have gone unreported due to the lockdowns—a
consequence of kids not being in school, where abuse is often first
detected. And we may never be able to quantify the costs of a year-plus
without classroom instruction, but researchers predict decreased life expectancy and decreased earnings. The lockdowns will scar this lost generation for decades.
In
2020, the laptop class shruggingly said that everyone should just shift
to digital technologies for a few months or a few years. But the rest
of us soon realized that most Americans cannot work from home; that many of us cannot learn from home or worship from home; that “virtual”—virtual learning,
virtual work, virtual worship—means “not real”; that the faux
connections of our digital age are no substitute for real connection;
that what was true in the beginning remains true today. “It is not good
for man to be alone.”
Indeed, the spiritual-emotional costs of the
lockdowns are deep and wide. It is during times of crisis that people
most need the peace and comfort of visiting a house of worship. The
lockdowns stripped that away, preventing tens of millions of Americans from gathering together for worship. Trying to be obedient to God’s call while being good
citizens, many houses of worship shifted to livestream liturgies. For
houses of worship to do this by choice is reasonable; likewise, for
individuals to choose not to attend worship services out of concern for
their own health is an expression of individual responsibility—the
essential analogue to individual liberty. But for people of faith to be
barred from holding or attending religious services by executive diktat
is something that should never happen in America.
It’s telling
that the first words of the First Amendment focus on religious liberty.
The notion that government has no place deciding whether, where, when or
what a person can peacefully worship is a foundation stone of our free
society. We don’t have to worship on the same days or in the same
ways—or at all—to grasp this.
Lesson Six: Without scientific consensus, it’s impossible to “follow the science.”
Scientists
disagree on many things, including how to respond to COVID-19. Yes,
scientists with the biggest megaphones advocated for lockdowns,
mass-quarantines of the healthy and something akin to “zero COVID.” But
just as many scientists, perhaps more—scientists with as many
credentials and letters next to their names as Anthony Fauci, Rochelle
Walensky and Deborah Birx—strongly opposed lockdowns and instead
advocated for the approaches free societies have taken for a century in
response to novel viruses. In fact, some 60,000 scientists have gone on record urging a return to those scientifically-proven methods: targeted
protection for the most vulnerable; quarantines of the sick;
individualized medical decisions for the rest of society, alongside
limited disruption of economic, commercial and cultural activity. Their
lodestar is the late Donald Henderson, who led the effort to eradicate smallpox. Henderson presciently argued against lockdowns in 2006.
Free
societies are always striving to find a balance between the public good
and individual liberty—especially in times of danger. But that’s
impossible when the experts in a particular field (public health in this
case) don’t agree on how best to respond to the danger. Bhattacharya
explains that “in public health, there is a norm of unanimity of
messaging…but the ethical basis for that norm is that the scientific
process has worked itself through and reached a mature stage.”
Importantly, there are “enormous fights going on within the scientific
community” and “uncertainty within the scientific community” over
COVID-19. Sadly, that lack of certainty and lack of consensus didn’t
give the public-health popstars pause. Instead, Bhattacharya says
“people like Dr. Fauci jumped to this public-health norm” and “in
effect, shut down the scientific debate.”
Ironically, Fauci himself is emblematic of the lack of scientific certainty: In January 2020, Fauci said of COVID-19, “This is not a major threat for the people of the United States.” In February 2020, he concluded,
“The overall clinical consequences of COVID-19 may ultimately be more
akin to those of a severe seasonal influenza (which has a case fatality
rate of approximately 0.1 percent) or a pandemic influenza (similar to
those in 1957 and 1968).” Then, in March 2020, he reversed course. He
did a similar one-eighty on masks, saying there was no need for masks in the winter of 2020, before urging “universal wearing of masks” in the summer of 2020, and then recommending double-masking in early 2021.
It’s
all well and good to justify these reversals and the rejection of
scientifically-proven responses by declaring, “When the facts change, we
must change our minds.” But given that the underlying facts of prudent
pandemic response didn’t change, given the chaos caused by
public-health reversals, given the consequences of rejecting what worked
during the pandemic of 1957-58 (which had a far higher case-fatality rate than COVID-19),
Americans can be forgiven for questioning “the science” and doubting
the scientists. Indeed, how can citizens and elected officials “follow
the science” when the country’s highest-profile scientist doesn’t even
agree with himself?
Lesson Seven: America is not supposed to be run by esoteric experts.
The COVID-19 crisis is a case study of what can go wrong when policymakers defer governing to topic experts.
To
be sure, good leaders seek and consider the advice of topic experts.
However, topic experts base their recommendations on their specific area
of expertise, which by definition is limited and esoteric. They’re not
equipped to take into account all the tradeoffs and
factors—constitutional, political, economic, commercial,
cultural—elected officials are expected to consider. And that’s why
they’re not empowered to govern.
Think of it this way: We want
presidents to consider what the generals recommend, but we wouldn’t want
the generals to be in charge. We want governors to consider what labor
and business recommend, but we wouldn’t want the AFL-CIO or Chamber of
Commerce to be in charge. Yet that’s what happened during the COVID-19
crisis, as most elected chief executives simply deferred all of
policymaking to public-health experts.
Fr. John Jenkins, president of the University of Notre Dame, reminds us that there are “questions that a scientist, speaking strictly as a
scientist, cannot answer for us. For questions about moral value—how we
ought to decide and act—science can inform our deliberations, but it
cannot provide the answer.”
Lesson Eight: The PRC is not a responsible global power.
The world now knows that Xi Jinping’s regime lied about human-to-human transmission;
allowed thousands of people to leave Wuhan for destinations around the
world long after the regime was aware of the outbreak; ordered
scientists to delay sharing information about coronavirus-genome sequencing for several critical days or weeks; blocked global health officials from accessing Wuhan; muzzled and arrested scientists in Wuhan who tried to sound the alarm over COVID-19; and carried out a premeditated plan to hoard 2.5 billion pieces of medical protective equipment as the virus swept the globe.
Add it all up, and Beijing either is guilty of gross incompetence and criminal mishandling of a species-jumping virus, or intentionally altered a virus to enhance its transmissibility and lethality.
This confirms what many of us have argued for many years: China’s internal political system is an international problem (see here, here, here and here p.50). As dissident leader Xu Zhangrun observes, “A polity that is
blatantly incapable of treating its own people properly can hardly be
expected to treat the rest of the world well.”