For easy reference, I’ve included a link to both the general executive order issued on November 18, 2020, and the order specifically referring to education, issued on November 18, 2020, here below.

I worry closing schools, as this order does — apart from the educational harm, lack of access to services, under reporting of abuse/neglect, hardship on households, etc. — will lead to the very social gatherings that are contributing to the rising case numbers. What data supports this decision?

I also worry that we have a fragile economy, with workers worried about providing for their families, and employers worried about providing for their workers. This is challenging any time of year, but in winter, at Christmas, this is particularly hard on families. And based on my reading of both orders, we still have inconsistent application of the restrictions. Hard-hit restaurants can’t serve food indoors, despite their adjustment to CDC-complaint safety standards, and schools which have all taken enormous steps to monitor and contain COVID cases, shut down. But retail establishments that are crowded as ever aren’t restricted by these orders at all. The ongoing inconsistency of the restrictions is as maddening as it is confusing and constitutionally questionable.

Having said all of this, I’m still reviewing the executive orders and researching the legal ramifications of both. Needless to say, there will be a great deal of discussion about the emergency powers of the executive branch when the legislature returns to session on January 5th, 2021