The Trump Presidency was four years of barely controlled chaos. I think the best lesson it taught us is that our nation can withstand a lot; even when our leaders are divisive and unfocused. But there is a limit to everything.
With two-plus years in the rear view mirror, it has already become clear that the best legacy of this chaotic era will be the changes Trump made to the entire judiciary…most notably, the serendipity of his being able to replace three Supreme Court justices.
Neal Gorsuch was nominated and confirmed to replace the late justice Antonin Scalia. For Constitutional Libertarians such as myself, Scalia’s death was troublesome. He was the 5th vote in a LOT of court rulings which could have been potentially-devastating to freedom lovers. Heller was the most egregious. Imagine my relief when Gorsuch was nominated to replace him.
This past week, Gorsuch delivered what I think is his magnum opus in terms of outlining the proper relationship between The State and The People during trying times. It came in a ruling on the high-profile Arizona v. Mayorkas case. That was one of the cases dealing with Title 42 orders that severely restricted immigration to this country “for the purpose of preventing the spread of COVID–19."
On Thursday the court issued a procedural order in the case. Gorsuch wrote a statement on the order. About halfway in, Gorsuch began addressing the larger issue of COVID-19 mitigation policies. What follows reads like pornography to Constitutional libertarians.
Fear and the desire for safety are powerful forces. They can lead to a clamor for action—almost any action—as long as someone does something to address a perceived threat. A leader or an expert who claims he can fix everything, if only we do exactly as he says, can prove an irresistible force.
We do not need to confront a bayonet, we need only a nudge, before we willingly abandon the nicety of requiring laws to be adopted by our legislative representatives and accept rule by decree. Along the way, we will accede to the loss of many cherished civil liberties—the right to worship freely, to debate public policy without censorship, to gather with friends and family, or simply to leave our homes. We may even cheer on those who ask us to disregard our normal lawmaking processes and forfeit our personal freedoms. Of course, this is no new story. Even the ancients warned that democracies can degenerate toward autocracy in the face of fear.
The concentration of power in the hands of so few may be efficient and sometimes popular. But it does not tend toward sound government. However wise one person or his advisors may be, that is no substitute for the wisdom of the whole of the American people that can be tapped in the legislative process.
Decisions produced by those who indulge no criticism are rarely as good as those produced after robust and uncensored debate. Decisions announced on the fly are rarely as wise as those that come after careful deliberation. Decisions made by a few often yield unintended consequences that may be avoided when more are consulted. Autocracies have always suffered these defects. Maybe, hopefully, we have relearned these lessons too.
I need a moment after reading this. Aaaahhhh.
This felt like reading over some of my 2020 blog posts. In a perfect world, governments of free nations would enact only policies that are driven by science and common sense, that are proportionate to the risks, and that do not last any longer than is absolutely necessary. COVID certainly showed us that we have a LONG way to go.
“We MUST make sure that we don't allow this unique period in our history to make us receptive to the idea that Government can take drastic measures under most any (or no) pretense.” --- Chuck Vipperman, 5-16-20
Taking a sober look at the many missteps our leaders made in managing COVID will be an infuriating process for freedom-lovers. It will make us angry. Very angry. But it something that absolutely must be done. Because the same totalitarian forces will re-emerge the next time there’s an excuse for people to be scared.