Public Health & Human Rights

Stop Playing Tug-of-War

It’s Time for Political Agendas to Step Aside for the Realities of Our Public Health Crisis

As millions of individuals are struggling with the realities and deaths of COVID-19, the world is mocking the United States’ response to a worldwide pandemic. As thousands of essential workers continue to become over-burdened with the outbreak’s impacts, our federal government persistently hides behind denial and threats rather than fiercely leading with science and compassion.

In prioritizing the reopening of our economy, President Trump recently claimed that he can unilaterally lift states’ stay at home orders because “when somebody’s president of the United States, the authority is total…”

Just a few weeks prior, that same President refused to issue a national shelter-in-place order because “you have to give a little bit of flexibility” in “letting the governors do…what they want” because “we have a thing called the Constitution, which [he] cherish[es].”

Since the national lockdown was impossible to declare, how is the Constitution he cherishes so dearly going to allow him to nationally lift those orders?

Simply put: it cannot.

The “numerous provisions of law” he claims to support his assertions actually illustrate the limits on his presidential powers. The Tenth Amendment states “the powers not delegated to the United States…nor prohibited…to the States, are reserved to the States respectively, or to the people.” In the 1952 Steel Seizure Case, the Supreme Court ruled the President does not in fact have inherent powers to do whatever is deemed necessary during a national emergency.

Though Trump declared a national emergency, under the principles of federalism, states have long held the right to exercise their “police powers” to protect the welfare, safety, and public health of their residents.

COVID-19 is a rapidly evolving public health crisis. As a respiratory infection that can even be transmitted by asymptomatic carriers to both vulnerable and healthy people of all ages, it is spreading at an exponential rate. As it is very difficult to contain, 42 states have issued shelter-in-place orders and millions of Americans around the nation are practicing “physical distancing” to slow down the spread of COVID-19.

However, unilaterally lifting the stay-at-home orders is bound to be catastrophic. Sending Americans back to schools, workplaces and communities all at once after we have been avoiding exposure would increase the likelihood of multiple waves of COVID-19 in the future. Resurgence of infections would be inevitable as herd immunity–the proportion of immune individuals providing a measure of protection for those who are not–would be quite low.

Instead, there must be a gradual lifting of these containment measures. Because states are experiencing different levels of impact from the pandemic, the United States should carefully stagger out how it reopens its economy.

States need to develop SMART–Specific, Measurable, Attainable, Relevant, and Time-bound–indicators to evaluate whether the objectives of the shelter-in-place interventions are being met. This data would allow experts to determine whether they are effectively meeting their intended goals, whether adjustments need to be made now, and what needs to be done after the restrictions are lifted.

Improvements in widespread testing, contact tracing, protecting exposed and vulnerable populations, and strengthening healthcare demands are some of the immediate indicators for responding to the current situation. However, to prepare for, and potentially reduce, future outbreaks, larger proactive changes must occur–such as improving surveillance, enhancing healthcare infrastructure, and addressing systemic inequities that continue to disadvantage our vulnerable populations.  

These measures will help state officials determine how to slowly reintegrate groups of people into society. The state leaders and experts know what is best for their schools and businesses as they are the ones who can best monitor their communities’ abilities to continue fostering physical distancing.

But in order for these measures to effectively prevent future surges in cases and deaths, we

need to work together.

The only way we can stop people from dismissing the outbreak’s severity, gathering with friends and protesting against governors is through effective communication between researchers, leaders and communities. The public deserves to see actual data and understand their true risks instead of blindly following the media.

Healthcare professionals need Americans to find a balance between our right to personal and privacy liberties with public health measures–such as digital technology for contact tracing.

Our state officials need the federal government to create more cohesive strategies that adequately distribute resources to areas most in need rather than pitting states against one another through bids.

We need our president to lead us through this crisis by prioritizing facts and lives over fear and revenue.

That is something he does have the power to do.

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