Anthony Fauci was "Surprised and disappointed" by last week's ruling against the mask mandate for travelers issued by the Centers for Disease Control and Prevention.
Fauci, who objects to federalism as well as judicial review, embodies the mild-mannered arrogance of technocrats who assume their scientific expertise trumps the rule of law.
Fauci did vaguely criticize the substance of U.S. District Judge Kathryn Kimball Mizelle's decision, calling her reasoning "Not sound" and "Not particularly firm." But his main point was that she had no business determining whether the CDC had complied with the law because courts should not be "Getting involved in things that are unequivocally public health decisions."
White House press secretary Jen Psaki concurred: "Public health decisions shouldn't be made by the courts. They should be made by public health experts."
If there is "No place for the courts" to assess the legality of disease-control edicts, as Fauci maintains, it follows that the Supreme Court erred not only by blocking the CDC's nationwide eviction moratorium but even by taking up the issue.
If Fauci is right that such policies should be left to government experts, all of those interventions were misbegotten, regardless of their legal merits.
"It's a bad precedent when decisions about public health issues are made by people don't have experience or expertise in public health," Fauci told Fox News on Saturday.
Wednesday, April 27, 2022
Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
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