Fauci’s beef is not simply with the way COVID-19 policy happened to play out in the United States; it is an objection to our system of government.
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. “This is a CDC issue,” President Joe Biden’s top medical adviser told CNN. “It should not have been a court issue.” 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. Because they believe they know what is best for us, they are dismayed by any attempt to limit their influence or restrain their power. 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.” But Mizelle did not make a public health decision; she made a legal decision based on her understanding of the relevant statute.
