Yes. And. Yes.

‘Governors and local leaders imposed lockdown orders forcing people to remain in their homes. They shuttered businesses and schools, public and private,’ he wrote.

 

‘They closed churches even as they allowed casinos and other favored businesses to carry on. They threatened violators not just with civil penalties but with criminal sanctions too.’

 

[…]

 

Referring to the broader issue of strict lockdown policies during the pandemic, Gorsuch added: ‘Doubtless, many lessons can be learned from this chapter in our history, and hopefully serious efforts will be made to study it.

 

‘One lesson might be this: 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.’

 

He concluded: ‘Make no mistake—decisive executive action is sometimes necessary and appropriate. But if emergency decrees promise to solve some problems, they threaten to generate others.

 

‘And rule by indefinite emergency edict risks leaving all of us with a shell of a democracy and civil liberties just as hollow.’

Remember that Wisconsin’s Governor Evers was in the vanguard of Medical Totalitarianism until the Republican legislature and right-leaning Supreme Court yanked on the reins. The results would be different if it happened today after two liberal wins to the court.