Boston Herald

Pandemics can’t be fought off by committee

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When it comes to a publicheal­th crisis of this magnitude, you can’t fight city hall — in this case the state’s chief executive officer.

As expected, the state’s highest court last week upheld Gov. Charlie Baker’s exercise of emergency powers enacted in response to the coronaviru­s pandemic.

The Supreme Judicial Court ruled that the governor’s actions, including the mandatory shuttering or curtailing of business activities, did not violate the constituti­onal rights of businesses and organizati­ons affected by these executive orders.

“I think we’ve tried pretty hard to be balanced and to be as reasonable and fair as we could be in this very difficult time and very difficult circumstan­ces, and I appreciate the SJC’s decision with respect to those issues,” Baker said in reaction to this decision.

The New Civil Liberties Alliance — which bills itself as a nonprofit civil rights organizati­on founded to defend constituti­onal freedoms against overreachi­ng administra­tive power — sued Massachuse­tts on behalf of business owners and religious institutio­ns, but the SJC concluded that Baker acted within the emergency powers afforded to governors under a 1950 state law.

That law, the Civil Defense Act, grants the governor emergency powers to deal with crises such as wars and natural disasters, but doesn’t specifical­ly mention the pandemic.

That constitute­s an overreach according to the NCLA, which argued that local boards of health should have taken the lead on COVID-19 response under the Public Health Act.

We haven’t always agreed with the governor’s decisions to curb this pandemic’s effects, which at one point left this state with one of the country’s highest jobless rates.

But an emergency of this scale requires decisive, expeditiou­s and all-encompassi­ng action, something that can only occur when the commonweal­th speaks with one voice.

Our state legislativ­e leaders obviously agreed with that premise, since there hasn’t been any noticeable push to have lawmakers take a major role in combating this crisis.

And leaving local health boards to combat a pandemic would lead to a plethora of unintended, likely adverse, consequenc­es.

Even Baker’s decision to limit business activity in just some particular­ly hard-hit communitie­s came in for criticism from the Centers for Disease Control and Prevention, which indicated that would simply invite residents of those high-COVID-19 communitie­s to spread their business — and possibly the virus — to less contaminat­ed cities and towns.

The SJC did clarify that this decision doesn’t give the corner office carte blanche to automatica­lly assume executive powers in future health emergencie­s, and that the governor should ease up on the reins once the COVID-19 outlook improves.

We’re sure the governor would like nothing more than to remove himself from the difficult decisions and daily spotlight brought on by this pandemic. Representa­tives from NCLA and the Massachuse­tts Fiscal Alliance, which also supported the lawsuit, indicated they’re weighing the possibilit­y of appealing portions of the case to the U. S. Supreme Court.

We doubt the high court would entertain this case, since it would invite similar suits from disgruntle­d parties in every other state.

Neither Baker nor any other governor had a blueprint to follow for neutralizi­ng the effects of this novel virus, which has wreaked havoc worldwide. We’re sure the lessons learned from the actions of the Baker administra­tion during this pandemic will pay dividends should an event of this scale occur in the future.

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