Editorial: Judge's rejection of COVID-19 orders shouldn't overrule common sense on health
If you like what's happening with COVID-19 numbers in early-opening states like Florida, Texas, Arizona and California, you'll love Illinois state Rep. Darren Bailey and 4th Judicial Circuit Judge Michael D. McHaney. Be forewarned, though. They don't much care about you or your safety.
Bailey, you'll recall, is the downstate Republican who, refusing to protect his colleagues and fellow lawmakers, was expelled from the floor of the Illinois House in May for disobeying rules that required legislators to wear a mask on the House floor. He has continued to pursue his crusade against Illinois' coronavirus restrictions in the courts and last Thursday won a preliminary victory when McHaney ruled that no coronavirus order issued by Gov. J.B. Pritzker since April 8 is valid.
Legal authorities are divided over the specific application of McHaney's ruling. The Illinois attorney general's office is still considering whether to appeal, and it's conceivable the issue could not be resolved unless the issue makes it all the way to the state Supreme Court. But along the way, there are a couple of points that Illinoisans should consider regardless of where they live.
One is reflected in a McHaney statement from the bench that provides chilling insight into the legal mind that produced his ruling. The Chicago Daily Law Bulletin reports that during the two-hour hearing Thursday, the justice frequently questioned the credibility of public health experts and COVID-19 research and expressed doubts about both the number of positive COVID-19 cases and the virus-related death statistics in Illinois. His concern? "Illinois citizens cannot be mandated to cede their constitutional rights to some alleged experts," he said,
"Some alleged experts." Or, as other observers might put it, almost all of the leading infectious disease researchers in the world. Apparently Justice McHaney has his doubts about the validity of the scientific case underpinning the restrictions most states and all responsible Americans have undertaken to combat the spread of the deadly coronavirus pandemic.
Which leads to a second, important conclusion. It comes from Kent Redfield, politics professor emeritus from the University of Illinois at Springfield, who told the online news agency Center Square that what really counts is how people behave in reaction to the virus.
"The public gets a vote in this in terms of how they are going to behave," Redfield said.
For the record, we urge people to "vote" on the side of the science. Follow the advice of the health officials advising the governor that has led to a flattening infection curve and steadily declining infection and mortality rates in Illinois. Wear a mask. Stay home as much as possible. Keep your distance from others.
Unless, of course, you're willing to let Illinois follow in the footsteps of states like Florida, Texas, Arizona and California.