COVID-19
COVID emergency orders are among `greatest intrusions on civil liberties,’ Justice Gorsuch says

School buses sit parked in a lot as schools remain closed due to the coronavirus Monday, March 30, 2020, in Providence, R.I. Supreme Court Justice Neil Gorsuch called emergency measures taken during the COVID-19 crisis that killed more than 1 million Americans perhaps “the greatest intrusions on civil liberties in the peacetime history of this country.” The 55-year-old conservative justice pointed to orders closing schools, restricting church services, mandating vaccines and prohibiting evictions in a broadside aimed at local, state and federal officials, even his colleagues. (AP Photo/David Goldman, File)
By Mark Sherman in Washington
WASHINGTON (AP) — The Supreme Court got rid of a pandemic-related immigration case with a single sentence.
Justice Neil Gorsuch had a lot more to say, leveling harsh criticism of how governments, from small towns to the nation’s capital, responded to the gravest public health threat in a century.
The justice, a 55-year-old conservative who was President Donald Trump’s first Supreme Court nominee, called emergency measures taken during the COVID-19 crisis that killed more than 1 million Americans perhaps “the greatest intrusions on civil liberties in the peacetime history of this country.”
He pointed to orders closing schools, restricting church services, mandating vaccines and prohibiting evictions. His broadside was aimed at local, state and federal officials — even his colleagues.
“Executive officials across the country issued emergency decrees on a breathtaking scale,” Gorsuch wrote in an eight-page statement Thursday that accompanied an expected Supreme Court order formally dismissing a case involving the use of the Title 42 policy to prevent asylum seekers from entering the United States.
The policy was ended last week with the expiration of the public health emergency first declared more than three years ago because of the coronavirus pandemic.
From the start of his Supreme Court tenure in 2017, Gorsuch, a Colorado native who loves to ski and bicycle, has been more willing than most justices to part company with his colleagues, both left and right.
He has mainly voted with the other conservatives in his six years as a justice, joining the majority that overturned Roe v. Wade and expanded gun rights last year.
But he has charted a different course on some issues, writing the court’s 2020 opinion that extended federal protections against workplace discrimination to LGBTQ people. He also has joined with the liberal justices in support of Native American rights.
When the omicron variant surged in late 2021 and early 2022, Gorsuch was the lone justice to appear in the courtroom unmasked even as his seatmate, Justice Sonia Sotomayor, who has diabetes, reportedly did not feel safe in close quarters with people who were not wearing masks.
So Sotomayor, who continues to wear a mask in public, did not take the bench with the other justices in January 2022. The two justices denied reports they were at odds over the issue.
The emergency orders about which Gorsuch complained were first announced in the early days of the pandemic, when Trump was president, and months before the virus was well understood and a vaccine was developed.
The thrust of his complaint is not new. He has written before in individual cases that came to the court during the pandemic, sometimes dissenting from orders that left emergency decrees in place.
The justices intervened in several COVID-related cases.
With Gorsuch and five other conservatives in the majority, they ended the eviction moratorium and blocked a Biden administration plan to require workers at larger companies to be vaccinated or wear a mask and submit to regular testing. Once Amy Coney Barrett joined the court, after Ruth Bader Ginsburg died, they ended restrictions on religious services in some areas.
By a 5-4 vote from which Gorsuch and three conservative colleagues dissented, the court allowed the administration to require many health care workers to be vaccinated.
But on Thursday, Gorsuch gathered his complaints in one place, writing about lessons he hoped might be learned from the past three years.
“One lesson might be this: Fear and the desire for safety are powerful forces. They can lead to a clamor for action —almost any action — as long as someone does something to address a perceived threat. A leader or an expert who claims he can fix everything, if only we do exactly as he says, can prove an irresistible force,” he wrote.
Another possible lesson, he wrote: “The concentration of power in the hands of so few may be efficient and sometimes popular. But it does not tend toward sound government.”
He also had strong words for the Republican-led states that tried to keep the Title 42 policy in place, and the five conservatives justices whose votes extended the policy five months beyond when it would have otherwise ended in late December.
“At the very least, one can hope that the Judiciary will not soon again allow itself to be part of the problem by permitting litigants to manipulate our docket to perpetuate a decree designed for one emergency to address another,” Gorsuch wrote.
In the final paragraph of his statement, Gorsuch acknowledged, but only grudgingly, that emergency orders sometimes are necessary. “Make no mistake — decisive executive action is sometimes necessary and appropriate. But if emergency decrees promise to solve some problems, they threaten to generate others,” he wrote.
COVID-19
Why are people in Britain talking about Boris Johnson’s WhatsApp messages?

LONDON — Critics accuse the British administration of running “government by WhatsApp” because of the popularity of the messaging app with politicians and officials.
So it feels inevitable that a tussle over WhatsApp messages is at the heart of Britain’s official inquiry into how the country handled the COVID-19 pandemic.
Thousands of messages exchanged during the pandemic between then Prime Minister Boris Johnson and government ministers, aides and officials form key evidence for the investigation chaired by retired judge Heather Hallett. The Conservative government, now led by Prime Minister Rishi Sunak, wants to be able to edit the messages before handing them over, saying some are personal and irrelevant to the inquiry. It has filed a legal challenge against Hallett’s order to surrender the unredacted messages.
WHAT IS THE INQUIRY INVESTIGATING?
More than 200,000 people have died in Britain after testing positive for COVID-19, one of the highest tolls in Europe, and the decisions of Johnson’s government have been endlessly debated. Johnson agreed in late 2021 to hold an investigation after pressure from bereaved families.
Hallett’s inquiry is due to scrutinize the U.K.’s preparedness for a pandemic, how the government responded and whether the “level of loss was inevitable or whether things could have been done better.”
Public hearings are scheduled to begin June 13 and last until 2026, with the former prime minister and a host of senior officials due to give evidence.
WHAT’S UP WITH WHATSAPP?
The Meta-owned messaging service has become a favorite communications tool among U.K. government officials and the journalists who cover them. It’s easy to use for both individual and group chats, and its end-to-end encryption offers users a sense of security that messages will be private.
That confidence has sometimes proved misguided. Former Health Secretary Matt Hancock, who helped lead Britain’s response to the virus, gave tens of thousands of his messages to a journalist who was helping him write a memoir. The journalist passed them to a newspaper, which splashed embarrassing details in a series of front-page stories.
Hallett has asked to see messages exchanged between Johnson and more than three dozen scientists and officials over two years from early 2020. She also wants to see Johnson’s notebooks and diaries from the same period.
WHAT’S THE GOVERNMENT’S POSITION?
The government of Sunak, who took office after Johnson resigned amid scandals in mid-2022, argues that some of the messages are “unambiguously irrelevant” to the COVID-19 inquiry. It says publishing them would be “an unwarranted intrusion into other aspects of the work of government,” and into individuals’ “legitimate expectations of privacy and protection of their personal information.”
On Thursday, the government’s Cabinet Office filed court papers seeking to challenge Hallett’s order for the documents. The next step will be a hearing at the High Court in the coming weeks.
Many lawyers think the government will lose the challenge. Under the terms of the inquiry, agreed upon with the government at the outset, Hallett has the power to summon evidence and question witnesses under oath.
“The government has an uphill task,” Jonathan Jones, a former head of the government legal service, wrote in a blog post for the Institute for Government. “The likelihood is that the court will say the inquiry chair should be the one to decide how she goes about it, and what material she needs to see for that purpose.”
WHAT DOES BORIS JOHNSON SAY?
Johnson has a history of friction with successor Sunak, whose resignation from the government in July 2022 helped topple Johnson from power.
Johnson has distanced himself from the government’s stance by saying he is happy to hand over his messages. On Friday, he said he has sent the WhatsApp messages directly to Hallett’s inquiry.
But — in another twist — they cover only part of the requested period. Johnson hasn’t passed on any messages from before April 2021. That period includes the early days of the pandemic — when the government made fateful and still-contested decisions — as well as three periods of national lockdown and the dates of rule-breaking parties in government buildings that led to scores of people, including Johnson, being fined by police.
Johnson says the messages are on a phone he was ordered to stop using after journalists noticed that his number had been publicly available online for 15 years.
Johnson says the security services told him to quit using the phone and never to turn it on again. He told Hallett on Friday that he had “asked the Cabinet Office for assistance in turning it on securely so that I can search it for all relevant material. I propose to pass all such material directly to you.”
Brownstone Institute
My Official Apology to the New York Post

From the Brownstone Institute
BY
There is an art to meaningful apologies. A sweet spot. Wait too long and they become pointless.
Ideally, they should also be accompanied with some kind of atonement as well.
I, along with many New Yorkers, have been waiting for apologies that don’t appear to be coming. But as I’ve been waiting in the interminable void, it’s occurred to me that I might owe some apologies myself. So here goes
An Apology
Years ago, I used to sneer at anyone who read the NY Post. At the café where I worked, I took quiet pleasure in tossing it in the trash whenever someone left it behind on a crumb-covered seat. Had I ever read it? No. But I knew I wasn’t the type of person to read the NY Post, and I was proud of that fact.
Then, a few years back, things started to look a little different to me. They started to look wrong, like a wool hat in summer, or a mask on a baby’s face. I started to detect lies and impossibilities coming out of the mouths of important people. “Gradually, then suddenly,” as the Hemingway quote goes, I saw things in a different light.
I could almost stomach the politicians lying, but when friends began repeating the lies it became too much to bear. Truth seemed to hover just outside of them, leaving them infuriatingly untouched.
It was a little after this time, my awakening of sorts, that I myself became an outcast.
I hadn’t set out to become an outcast. I’d reached middle age an average upstanding citizen, fairly respectful of authority. I was a mother who made her children take piano lessons for god’s sake!
But one morning, late in the summer of 2021, I woke up to find I no longer had civil rights. And things took a turn. I still marvel at how it all unfolded:
Early 2021, I thought I’d survived the worst of covid. I’d made it through a year of hysteria that I presumed would surely fade, maybe even some bashful apologies would follow, like after a long drunken night gone too far.
By then, the miracle vaccine had finally arrived and any American who wanted it could have it. But it so happened that I didn’t want it. I’d already gotten covid during lockdown, while selling essentials like coffee and toilet paper from the café I now owned, a café limping along on government funds.
An experimental vaccine for a virus I’d already had just wasn’t that appealing to me; why would it be? The decision, quite honestly, made itself. Who knew it would land me in the middle of a nightmare.
I recall the incremental announcements from our mayor at the time, a tall goofy man people likened to Big Bird. The first announcement came on the morning of August 16th, 2021;
My kind was no longer allowed to sit down and eat in cafés, he said, though we were allowed to take something in a paper bag to go.
My kind was no longer allowed to enter cultural buildings, he said; art and history were for the good citizens.
We were no longer allowed the privilege of working, or a college education.
We weren’t allowed to enter our child’s school or to serve the people we served when the vaccine was just a twinkle in Fauci’s eye. And society agreed. The “unvaccinated” deserved it. Damn them.
My anger simmered. It turned to rage. All I asked for was common sense. Every day that New York City hummed, I burned. Didn’t they see us withering with loss of hope and loss in general?
Didn’t they know there were a million of us who said no thanks? A million who didn’t have civil rights. A million who were right, as it turned out, about everything.
It seemed they did not, or if they did, they didn’t care.
And just when I was about to give up on humanity, out of the haze of covid hysteria came some of the clearest voices to be found in, of all places, the NY Post.
But of course!
I should’ve recognized Alexander Hamilton’s handsome face on the ten-dollar bill as a sign, right there next to the scrolled “We the People.” A Founding Father, Hamilton had worked to abolish the slave trade in New York City. I’d forgotten he founded the NY Post too!

While other mainstream news still wilted with ruminations on the invisible threat of long covid, or the latest Fauci whim, the NY Post blazed a trail with its demands for a return to common sense and decency.
There in print it called for an end to all mandates – if baseball players and celebrities didn’t need them why did the working class?
In chorus its editorial board called for a reckoning by way of a covid truth-and-reconciliation commission – Amen!
And long before anyone else, it dared to publish the opinions of some of the bravest academics and scientists of our time, the co-authors of the Great Barrington Declaration, Dr. Martin Kulldorff and Dr. Jay Bhattacharya.
So, I’m sorry, NY Post. I judged you by your cover. By your red and black barking headlines. But I was wrong. And for anyone else out there who feels they might owe someone an apology, let me tell you it feels good to settle a debt. I highly recommend it.
-
Business1 day ago
Peavey Industries LP, the Red Deer-based retailer, has announced the acquisition of long-term partner and fellow Red Deer stalwart, Guy’s Freightways.
-
International2 days ago
David Johnston plans to keep role, as House of Commons votes for him to step aside
-
National1 day ago
Firefighters from U.S., South Africa to battle Canada’s ‘unprecedented’ fires
-
National1 day ago
Bill 96: Quebec public servants now required to make ‘exemplary’ use of French
-
Sports2 days ago
Thunderbirds cruise past Blazers 6-1 to punch ticket to Memorial Cup semifinal
-
National1 day ago
Fifth day of fighting major wildfires in Nova Scotia could prove pivotal
-
conflict1 day ago
Sudan armed raids, bureaucracy hampering life-saving aid, doctor says
-
Disaster1 day ago
CP NewsAlert: Firefighters from U.S., South Africa to battle ‘unprecedented’ fires