Pandemic deniers endangering others

Reducing frivolous lawsuits and stopping courts from legislating long have been cornerstones of conservative thought. That’s why it is somewhat ironic the coronavirus pandemic has sparked numerous lawsuits, mostly from conservatives.

There have been lawsuits alleging infringement of religious liberties and legal complaints about closing services and setting occupancy limits. From business owners especially, lawsuits have focused on the legality of public health orders, often with support from Republicans. This is as true in New Mexico as in other states, with a recent complaint filed in U.S. District Court seeking to overturn state public health orders and asking reparations for businesses harmed by shutdowns.

In New Mexico, the state Supreme Court has held public health orders are lawful. Rather than accept defeat, plaintiffs are court shopping for a judge to limit Gov. Michelle Lujan Grisham’s authority in a crisis.

While we sympathize with business owners whose livelihood is affected by the pandemic, this lawsuit is particularly noxious. Not because it challenges the governor — that’s expected in a democratic society — but because it bases opposition on a claim that COVID-19 is no worse than seasonal flu and that there is no emergency.

Their logic being that in the absence of an emergency, the governor’s orders have no basis.

Further, plaintiffs seek to have a judge limit a governor’s ability to act in a crisis beyond a limited period without authorization from the Legislature. In other words, plaintiffs want lawmaking by judge, rather than seeking changes at Roundhouse.

While we agree current law on public emergencies needs amending, that should happen with lawmakers changing applicable statute.

Law on the books envisioned an emergency short in duration, not a pandemic that requires a nimble leader to act over a period of months, not days. The Legislature may revisit the statute — we trust with the governor’s assistance — so that New Mexico is more flexible should we face another extended crisis.

But to file a lawsuit that denies reality is an insult to the more than 350,000-plus people who have died in the United States, including more than 2,500 deaths in New Mexico. The lawsuit rejects not just the reality of infection, death and pressure on hospital and health care systems, but even questions the efficacy of mask wearing and stay-at-home restrictions.

Public health experts, despite stumbles in the beginning of the pandemic, uniformly emphasize that wearing masks will save lives. Moreover, if widespread mask wearing were adopted, that would lead to exactly what the plaintiffs want — opening the economy more fully.

Had all of New Mexico and the nation embraced mask-wearing, staying at home, social distancing and sensible public health guidelines at the start of the pandemic, shutting down businesses for long periods likely would not have happened.

No one wants small businesses closed or operations reduced. We need the economy to thrive, but that will not happen again until the pandemic is controlled.

We can only wonder how quickly our nation might have beaten back COVID-19 had business and political leaders so eager to deny reality had instead focused on stopping the spread of coronavirus. Because so many still refuse to accept the reality of this pandemic, the rest of us are at greater risk. All the lawsuits in the world won’t change that.