Ryan McMaken’s article argues that even if the executive branch was faithfully following “the science,” it would have no authority to take away individual rights, due process, confiscate property, abrogate contracts, and so on by decree.
Even if some greater good could be achieved by these measures, the legal system should not be sabotaged in these ways.
We might miss out on some utility in the short run, but we’d avoid the long-term damage to our institutions.
It’s true then that laws and “juristic order” may at times prevent a governor from doing some good. But much more important is that they also prevent him from doing much evil.
Of course, no one in power cared one whit about science. Even if they did, however, it wouldn’t justify the repression.
The present rule by state of emergency is no way to run a government.