Conservative Republicans used to argue that government should only sparingly dictate practices to private companies; Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott are ignoring that philosophy. Republicans also used to argue that the government closest to the people governs best; their updated version adds the caveat: ‘unless local governments are run by liberals or minorities and the state government by Republicans.’

There’s the politicized judiciary. in a speech to the Federalist Society late last year — after the election — Supreme Court Justice Samuel Alito lashed out at the social distancing, mask wearing and other COVID measures: “We have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020.” Of course, we actually have: rationing for food, gas and other resources during World War II; pervasive wage and price controls from 1971 to 1973.

In the main, this is more like falsely crying fire in a crowded theater — unacceptable as it endangers others. The unvaccinated and those who ignore social distancing and mask mandates are threatening others. The crowded theater term was used by High Court Justice Oliver Wendell Holmes a century ago; it was a bad decision, against draft protestors during World War, but a good metaphor.