Reflections and Revisionism: Rethinking the U.S. Response to COVID-19

In Covid’s Wake: How Our Politics Failed Us. By Stephen Macedo and Frances Lee. Princeton, New Jersey: Princeton University Press. 2025. Pp. xiv, 299. Hardcover, $29.95; paper, $19.95.

Introduction

Six years ago, life changed dramatically as COVID-19 spread prolifically around the globe, inflicting millions of deaths and imposing crushing burdens on healthcare systems. In response, nations around the world imposed a series of extraordinary “social distancing” or “community mitigation orders” that aimed to save lives by reducing social interactions.1P. 67; Lindsay F. Wiley, Democratizing the Law of Social Distancing, 19 Yale J. Health Pol’y L. & Ethics, Fall 2020, at 50, 72–76. During the pandemic, these orders were frequently mischaracterized as imposing “lockdowns.” Id. at 54.

These measures, which varied significantly in terms of scope and duration across jurisdictions, exacted significant economic, social, and personal costs.2Id. at 74–76, 120.

So did COVID, which claimed over one million lives in the United States alone.3Global COVID-19 Tracker, Kaiser Fam. Found., https://kff.org/covid-19/global-covid-19-tracker [perma.cc/9W85-GS3C].

Although the pandemic (but not COVID) is behind us, its scars linger. In the United States, these tragic effects include not only the lives that were lost but also the grief and trauma experienced by those who lost loved ones. They also include the significant deficits in education and socialization that students experienced due to lengthy disruptions of in-person schooling4Maciej Jakubowski, Tomasz Gajderowicz & Harry Anthony Patrinos, COVID-19, School Closures, and Student Learning Outcomes. New Global Evidence from PISA, 10 npj Sci. Learning (Jan. 22, 2025), at 1–3, https://doi.org/10.1038/s41539-025-00297-3; Nicole Asbury, Karina Elwood, Lauren Lumpkin & Dan Rosenzweig-Ziff, Covid Shut Schools Five Years Ago. Anxiety, Learning Loss and More Linger, Wash. Post (Mar. 13, 2025), https://washingtonpost.com/education/2025/03/13/covid-19-pandemic-education-impact [perma.cc/PM8B-WPQX]. For a critique of decisions to keep schools closed during the pandemic, see David Zweig, An Abundance of Caution: American Schools, the Virus, and a Story of Bad Decisions (2025).

and the erosion of trust in our public health system.5Poll: Trust in Public Health Agencies and Vaccines Falls Amid Republican Skepticism, Kaiser Fam. Found. (Jan. 28, 2025), https://www.kff.org/health-information-trust/poll-trust-in-public-health-agencies-and-vaccines-falls-amid-republican-skepticism/ [perma.cc/PC7T-9JJF].

The latter losses seem especially salient today, as the Trump Administration targets biomedical research6Max Kozlov & Chris Ryan, How Trump 2.0 is Slashing NIH-Backed Research – in Charts, Nature (Apr. 11, 2025), https://nature.com/articles/d41586-025-01099-8 [perma.cc/6E3M-6QLA].

and public health programs,7Colorado v. U.S. Dep’t of Health & Hum. Servs., 783 F. Supp. 3d 641, 646 (D.R.I. 2025) (granting temporary restraining order).

strips health data from ​​​​government websites,8Will Stone & Selena Simmons-Duffin, Trump Administration Purges Websites Across Federal Health Agencies, NPR (Jan. 31, 2025), https://npr.org/sections/shots-health-news/2025/01/31/nx-s1-5282274​/trump-administration-purges-health-websites ​[perma.cc/T7FG-7SQP].

undermines access to vaccines,9Rob Stein, A Stricter FDA Policy for COVID Vaccines Could Limit Future Access, NPR: Shots (May 20, 2025), https://npr.org/sections/shots-health-news/2025/05/20/nx-s1-5405013/fda-covid-vaccine-limits [perma.cc/Z74B-5EJP].

and threatens scientific journals,10Catherine Offord, Trump Administration Targets Academic Journals with Attorney Letter, Proposed Funding Cuts, Sci. (Apr. 18, 2025), https://science.org/content/article​/trump-administration-targets-academic-journals-attorney-letter-proposed-funding-cuts [perma.cc​/CMD8-AFJB].

all while promising to “Make America Healthy Again.”11Establishing the President’s Make America Healthy Again Commission, Exec. Order No. 14212, 90 Fed. Reg. 9833 (Feb. 13, 2025).

In the face of all this loss, it seems especially important to reflect on the decisionmaking, politics, and policies that shaped the U.S. response to the pandemic. The recent book In Covid’s Wake: How Our Politics Failed Us, written by political scientists Stephen Macedo12Laurance S. Rockefeller Professor of Politics, The University Center for Human Values at Princeton University.

and Frances Lee,13Professor of Politics and Public Affairs, Princeton University.

promises to provide that reflection. In ten readable chapters, the authors argue that in the spring of 2020, members of the “laptop class,” 14Although Macedo and Lee define the term broadly, they primarily focus on a subset of remote workers, including public health experts, academics, and progressives, whom they hold responsible for the failures of COVID policymaking. P. 8. As I discuss below, the “laptop class,” even as defined by Macedo and Lee, is far more heterogeneous than they presume. See infra notes 25–27 and accompanying text. Where appropriate, I also use the terms “public health,” “the public health community,” and “public health experts” to convey the subclass whose professional expertise and identity relate to protecting and promoting the health of populations.

the term they apply to “adult knowledge workers and others able to work remotely,” (p. 14) quickly cast aside earlier misgivings about “non-pharmaceutical interventions” (NPIs),15NPIs include quarantines, mask mandates, business closings, and other community mitigation measures. Pp. 20–21.

which include all public health interventions that do not involve the administration of a drug or vaccine. With those misgivings set aside, Macedo and Lee argue, the “laptop class” pushed “lockdowns,” based on “the China model” (p. 21). Later chapters purport to show that the “laptop class” stifled dissent as well as evidence that the pandemic was caused by a leak from a laboratory in Wuhan, China (ch. 7). They also claim that the NPIs, including community mitigation measures, were mostly ineffective (ch. 5) and costly (ch. 6). In short, Macedo and Lee suggest that the “laptop class” acted disingenuously and illiberally, pushing policies that caused far more harm than good (pp. 138–42, 177–97). At the same time, and somewhat in tension with the influence they ascribe to the “laptop class,” Macedo and Lee document the significant role that partisanship played in shaping state responses to COVID.16Pp. 128–38. Other scholars have noted partisanship’s strong influence in shaping views about the pandemic. See Shana Kushner Gadarian, Sara Wallace Goodman & Thomas B. Pepinsky, Pandemic Politics: The Deadly Toll of Partisanship in the Age of COVID 15 (2022).

The authors conclude by underscoring the limitations of expertise and calling upon “those on the progressive side . . . to reexamine their own conduct and beliefs” (p. 286).

As a progressive public health law scholar, Macedo and Lee’s critiques often bite. Without question, some of the assumptions and prescriptions made by public health experts and others involved in the COVID policy response have not stood the test of time.17One obvious example is the failure to recognize early on that COVID was airborne. See Joshua S. Weitz, Asymptomatic: The Silent Spread of COVID-19 and the Future of Pandemics 41–43 (2024). Other clear errors were statements by Dr. Anthony Fauci and the Surgeon General in early 2020 discouraging masking. P. 234.

Self-reflection, as Sandro Galea has preached, is in order.18 Sandro Galea, Within Reason: A Liberal Public Health for an Illiberal Time 2 (2023).

Illiberalism is to be condemned. But especially at this moment, it is critical that self-reflection not descend into performative self-flagellation and the type of COVID-revisionism that is all too rampant.19Lukas Engelmann & Dora Vargha, COVID: There’s a Strong Current of Pandemic Revisionism in the Mainstream Media, and It’s Dangerous, Conversation (Feb. 16, 2024), https://theconversation.com​/covid-theres-a-strong-current-of-pandemic-revisionism-in-the-mainstream-media-and-its-dangerous-222934 [perma.cc/46RP-8A8D].

To understand what went wrong, those of us in the public health community need to be not only introspective but wide-eyed. We need to recognize not only our own errors but also what we got right. We also need to appreciate the forces that were aligned against us and learn how to better protect the public’s health in the face of those forces.

Unfortunately, Macedo and Lee often seem uninterested in such complexities. To them, the sins and need for penance are mostly on one side. Nevertheless, their account provokes many questions about policymaking during the pandemic that warrant interrogating. This Book Review engages with some of their criticisms while offering a sometimes personal (and hopefully not too defensive) reflection on the U.S. response to COVID.20Space precludes a full discussion of all of Macedo and Lee’s arguments, including their claim that scientists suppressed information about the “lab leak theory.” Ch. 7.

Part I begins by examining Macedo and Lee’s indictment of the “laptop class,” emphasizing how they ignore its heterogeneity, as well as the important role played by other actors. In Part II, I consider their discussion of COVID-era restrictions and policies, looking particularly at the impact of those policies on socially and epidemiologically vulnerable groups. In the Conclusion, I offer some brief thoughts about the lessons the public health field should learn moving forward.

I. Who Made COVID Policies?

Throughout In Covid’s Wake, Macedo and Lee castigate the “laptop class” for engaging in a dangerous form of “groupthink” (p. 295) and imposing ineffective or counterproductive policies that harmed the most vulnerable populations while saving few, if any, lives (pp. 14, 138–42). The implication of their critique is that the “laptop class” is largely responsible for the loss of trust in public health.

No doubt, members of the “laptop class” made mistakes during the pandemic. Who didn’t? Nevertheless, Macedo and Lee’s indictment offers an overly simplistic and one-sided analysis that neglects, among other points, the heterogeneity of the criticized class21See infra notes 23–25 and accompanying text.

and the significant role of other actors.22See infra notes 30–48 and accompanying text.

Below I discuss each point in turn.

Consider first the issue of heterogeneity. Although Macedo and Lee define the “laptop class” broadly,23See supra notes 14–15 and accompanying text.

in much of the book they treat it as a relatively homogeneous group comprised of public health experts, academics, journalists, policymakers, progressive activists, and politicians.24P. 14. Although they do not claim there was “an elite conspiracy,” much of Macedo and Lee’s discussion hints at one. E.g., pp. 77–81, 264–67. In this way, their work echoes populist ideology, as explained by Macedo himself. See Jane Mansbridge & Stephen Macedo, Populism and Democratic Theory, 15 Ann. Rev. L. & Soc. Sci. 59, 60 (2019).

Yet, as Samuel R. Bagenstos says of science, the “laptop class” is “not one set of people with one background and one set of shared norms.”25Samuel R. Bagenstos, Science and Politics in Public Health Regulation, 58 U. Mich. J.L. Reform 719, 723 (2025).

The epidemiologists who advised government officials about COVID did not have the same training or perspective as the government lawyers who drafted orders and regulations. The latter, in turn, did not share the professional outlook of economists, health policy experts, journalists, or community organizers. And some who Macedo and Lee seem to include within the “laptop class,” such as teachers, lacked the affluence that Macedo and Lee presume the “laptop class” casually enjoyed. Members of the class also varied in terms of their own age, health, and family situation. No doubt some could, and probably did, write articles from the luxury of vacation homes; others likely cared for children in crowded apartments or experienced the loss of loved ones. Some undoubtedly became patients in overcrowded hospitals. Somehow these possibilities seem to have escaped Macedo and Lee’s imagination.

Macedo and Lee also ignore the inconvenient fact that some of the professionals who were the most influential during the pandemic did not work remotely and thus did not fall within their definition of the “laptop class.” Indeed, some were on the front lines of the pandemic response.26For example, Dr. Anthony Fauci, whose actions Macedo and Lee criticize at several points, pp. 166, 203, continued to treat patients, including those with COVID, during the pandemic. Brea Jones, Dr. Fauci Still Treats Patients, Contrary to Dr. Oz’s Claim, FactCheck.org (Jan. 28, 2022), https://factcheck.org​/2022/01​/dr-fauci-still-treats-patients-contrary-to-dr-ozs-claim [perma.cc/4JPA-6UKD].

Remarkably, Macedo and Lee ignore the influence of doctors, nurses, and other frontline healthcare workers and omit discussion of the views of any professional healthcare organization, other than to note, disapprovingly, that some medical organizations signed an amicus brief claiming that the government had a compelling interest in combatting vaccine misinformation (p. 281). The absence of a discussion of how and why these organizations came to their views, or the influence that they—as opposed to remote workers—may have had, is telling.27It is easy to deride “laptop workers” who called for business and school closings; it is a lot harder to smirk at the EMTs and ER doctors who made the same call.

Equally problematic, Macedo and Lee overemphasize the influence of a few public health experts and pundits while diminishing the influence of the officials and agencies that actually wielded power. Macedo and Lee do show that the decisions made by governors followed a partisan pattern (ch. 5), but they fail to explore why Republicans, many of whom had supported the robust use of NPIs in prior outbreaks,28As Macedo and Lee note, George W. Bush’s administration developed pandemic plans that called for the use of NPIs. Pp. 34–36. Later, in 2014, Republican leaders faulted President Obama’s administration for being insufficiently aggressive in implementing NPIs against Ebola. Manu Raju & Alex Rogers, Senate GOP Candidates Attacked Obama over Ebola but Defend Trump on Coronavirus Pandemic, CNN (July 27, 2020), https://cnn.com/2020/07/27/politics/republican-reaction-obama-handling-ebola [perma.cc/SJU9-C5AS]. Macedo and Lee would undoubtedly point to the strong role of partisanship in such inconsistencies, but they never note the inconsistencies of Republicans, and they fail to explain why Republicans came to reject even those measures that a Republican administration supported, at least initially.

began to minimize COVID’s threat, with several Republican governors pushing for early reopenings even as the Republican White House counseled a more cautious approach.29Alana Wise, Trump Breaks with Georgia Governor on Reopening Plans, NPR (Apr. 22, 2020), https://​npr.org​/2020/04/22/838782287​/watch-coronavirus-task-force-briefs-as-some-states-move-toward-reopening [perma.cc/WG58-76JE].

Yet, if we want to understand how COVID policies were formulated, we need to know not only what academic pundits preached, but also why many governors ignored their advice.

More troubling, Macedo and Lee often seem to treat the policies and recommendations of public health experts as unaffected by the actions of conservative politicians and media personalities.30See, e.g., p. 142. Macedo and Lee note that Republican-led states had higher mortality rates after vaccines became available, a finding they attribute to “personal beliefs and attitudes” in red states. P. 144. However, they do not ask how or why those personal beliefs and attitudes were formed.

In their telling, progressive elites were motivated primarily by their own imperatives—saving lives (p. 121)—and engaged in a type of groupthink (p. 295) that was uninfluenced by what President Trump and his allies said and did (or failed to do). Thus, Macedo and Lee fail to discuss why conservatives came to reject NPIs, and the possibility that that rejection changed not only the political climate, but the social and informational environment in ways that may have affected the virus’s prevalence and the policy options that were available to reduce it. In short, Macedo and Lee never consider the possibility that progressive support for extending school and business closings may have been influenced, at least in part, by the fact that conservative media was pushing COVID-denialism and misinformation in ways that undermined the public’s willingness to adopt less draconian measures, such as masking and vaccination.31See Kelsey E. Gonzalez, Rina James, Eric T. Bjorklund & Terrence D. Hill, Conservatism and Infrequent Mask Usage: A Study of US Counties During the Novel Coronavirus (COVID-19) Pandemic, 102 Soc. Sci. Q. 2368, 2372–73 (2021) (detailing instances in summer 2020 when Fox News cast doubts on mask-wearing); Marrissa D. Grant et al., Ideological Diversity of Media Consumption Predicts COVID-19 Vaccination, Sci. Reps., 2024, at 2, https://doi.org/10.1038/s41598-024-77408-4 (documenting greater vaccine skepticism in conservative media than liberal or neutral media). For a discussion of masking, see infra note 87 and accompanying text.

By omitting any critical analysis of the actions and influence of conservative actors, Macedo and Lee give the misimpression that progressives were both all-powerful and paranoid in imagining dangers that did not exist. Those dangers did exist, and they helped to shape (for better or worse) both the risks faced by the public and the policy options that were available. They were part of the politics of COVID, yet they are largely ignored in Macedo and Lee’s account.

Trump and his allies, however, are not the only actors who get short shrift. Oddly, in a book on the politics of COVID, Macedo and Lee pay almost no attention to congressional leaders (Speaker Nancy Pelosi is not cited in the index) or the policies that Congress enacted,32Macedo and Lee note that “Covid relief efforts significantly ameliorated hardship during the pandemic,” p. 13, but provide little information about the enactment or contents of these Acts. Nor do they consider the possibility that COVID-related relief measures provide examples of ways in which “our politics [did not] fail[] us.” P. iii.

even though relief acts passed by Congress helped to sustain social distancing measures and provided critical economic and social supports (such as expanded access to Medicaid)33See infra notes 93–97 and accompanying text.

to the very populations that Macedo and Lee claim were overlooked.34See infra notes 84–92 and accompanying text.

Macedo and Lee also ignore the influence of business interests. One of the Supreme Court’s early COVID cases, Calvary Chapel Dayton Valley v. Sisolak,35Calvary Chapel Dayton Valley v. Sisolak, 140 S. Ct. 2603 (2020) (Kagan, J., in chambers).

offers a prime example of how economic interests frequently trumped health concerns during the pandemic. Calvary Chapel Dayton Valley was a Free Exercise challenge to the application of a Nevada health order prohibiting in-person worship.36Id. at 2604 (Alito, J., dissenting).

In an unsigned opinion, the Supreme Court refused to lift the order.37Id. at 2603 (Kagan, J., in chambers).

In Justice Alito’s dissent, which Justices Thomas and Kavanaugh joined, he noted that Nevada had reopened casinos even as it shuttered church services.38Id. at 2604 (Alito, J., dissenting).

Likewise, many states reopened restaurants and bars before schools, an ordering that many public health experts decried.39Nirvi Shah, It’s Starting to Sink In: Schools Before Bars, Politico: Educ. (Nov. 20, 2020), https://politico.com/news/2020/11/20/its-starting-to-sink-in-schools-before-bars-438555 [perma.cc/NTG5-FRSB]; Michelle R. Smith & Carla K. Johnson, Schools or Bars? Opening Classrooms May Mean Hard Choices, AP News (July 10, 2020), https://apnews.com/article​/donald-trump-us-news-ap-top-news-virus-outbreak-public-health-3635a94a058d515d03da479e216f1c99 [perma.cc/PB83-TMXH].

The fact that states prioritized the reopening of casinos, bars, and restaurants over schools and churches, however, shows not only the power of the “laptop class” and teachers unions, but also that of the hospitality industry.

Macedo and Lee’s treatment of the Great Barrington Declaration (GBD),40 The Great Barrington Declaration, https://gbdeclaration.org/#read [perma.cc/MNE7-CF9G].

which was signed by hundreds of scientists in the fall of 2020, also exemplifies the narrowness of their analysis. The GBD called for eliminating NPIs and allowing COVID to spread until the population achieved “herd immunity.” It also called for “focused protection” for those most vulnerable to COVID.41Id.

The declaration was controversial. Critics lambasted it for assuming that high-risk individuals could realistically be separated from the rest of the population (pp. 29, 101) and claiming that the lifting of restrictions would quickly lead to “herd immunity”;42P. 99. Macedo and Lee concede that some of the GBD’s drafters had previously underestimated COVID’s duration and lethality, as well as the threshold for herd immunity. P. 98.

in fact, deaths continued long after almost all legal restrictions were lifted.43Pp. 140–42. Total COVID deaths in the United States were higher in the years after most restrictions were lifted than in 2020, when restrictions were most severe. See pp. 140–42. As Macedo and Lee discuss, there are many reasons for this. But they do not seem to recognize that COVID’s continued lethality long after the lifting of almost all legal restrictions demonstrates that the road to herd immunity, if it existed at all, was going to be far longer and rockier than the GBD suggested.

Critics also assailed the GBD for rejecting solidarity and undervaluing the health and lives of vulnerable individuals in order to vindicate the liberty and economic interests of those who were less vulnerable to COVID.44E.g., Gregg Gonsalves, Focused Protection, Herd Immunity, and Other Deadly Delusions, Nation (Oct. 8, 2020), https://thenation.com/article/society/covid-jacobin-herd-immunity [perma.cc​/UYM5-NC87]; Stephen Archer, 5 Failings of the Great Barrington Declaration, Queen’s Gazette (Nov. 5, 2020), https://queensu.ca/gazette/stories/5-failings-great-barrington-declaration [perma.cc/9KY5-SW6K]. Critics also noted that the declaration emerged from a meeting hosted by the American Institute for Economic Research, a think tank supported by the libertarian Charles Koch Institute. Apoorva Mandavilli & Sheryl Gay Stolberg, A Viral Theory Cited by Health Officials Draws Fire From Scientists, N.Y. Times (Oct. 23, 2020), https://nytimes.com/2020/10/19/health/coronavirus-great-barrington.html [perma.cc​/8AVT-MY3M].

Perhaps most importantly, the GBD did not explain how a policy focused on protecting those at high risk could work practically, in a nation in which over 176 million people are estimated to have one or more conditions qualifying them as at high risk.45Ezimamaka Ajufo et al., U.S. Population at Increased Risk of Severe Illness from COVID-19, 6 Am. J. Preventive Cardiology 100156 (2021), https://doi.org/10.1016/j.ajpc.2021.100156. On the difficulty of protecting the most vulnerable from a virus that can be spread asymptomatically, see Weitz, supra note 17, at 56–57.

No doubt, Macedo and Lee are correct to say that some public health experts reacted hyperbolically to the GBD. Most troubling were Dr. Francis Collins and Dr. Anthony Fauci’s efforts to quell the debate generated by the GBD.46Pp. 99–100. Space precludes a full discussion of the free speech issues raised by Macedo and Lee. Suffice to say that although some of the efforts made by government officials to limit dissent were troubling, their analysis ignores the fact that governments have long regulated misleading commercial and professional speech. See Claudia E. Haupt, The Limits of Professional Speech, 128 Yale L.J.F. 185, 188 (2018); Jane R. Bambauer, Snake Oil Speech, 93 Wash. L. Rev. 73, 102 (2018).

To Macedo and Lee, the “takedown” of the GBD—which they also term the “[s]tigmatization of herd immunity” (pp. 106–07)—demonstrates the illiberalism of progressive public health experts (p. 121). Yet, the very existence of the GBD and the considerable debate it generated can also be viewed as a sign of healthy discourse within the class—unless of course, Macedo and Lee assume that the economists, scientists, and pundits who supported the GBD were, somehow, not members of the “laptop class.” If so, the homogeneity of the class’s views is simply a function of the ideological litmus test that Macedo and Lee implicitly apply to the class’s definition.

Finally, in their discussion of the GBD, Macedo and Lee also underplay the extent to which many of the GBD’s key recommendations were already in effect when the declaration was issued. Responding to that inconvenient fact, they point to restrictions imposed in the Netherlands and United Kingdom after the GBD was issued, as well as the continued closing of some schools and universities (pp. 101–02). But restrictions in other countries do not prove the “laptop class’s” influence in the United States. And though the “laptop class” may have “won” academic debates over reopening, in the real world, by the summer of 2020, most governors hewed far closer to the views of the GBD than to the views of those who rejected it (p. 129). And it was not academics or pundits who determined the stringency of NPIs but rather governors, most of whom were Republicans.47Kyle Kondik & J. Miles Coleman, The State of the States: The Governors, Ctr. for Pol. (May 7, 2020), https://centerforpolitics.org/crystalball/the-state-of-the-states-the-governors [perma.cc/6RYP-W3U4] (noting that twenty-six states had Republican governors in 2020).

In short, the “laptop class” was neither as uniform nor as influential as Macedo and Lee suggest; nor were its opponents either as sage or victimized as they portray. Indeed, looking at the leadership of federal health agencies today, it seems fair to say that the GBD’s proponents prevailed.48Jay Bhattacharya, one of three leaders of the GBD, is now the Director of the National Institutes of Health, Trump Picks Covid Lockdown Critic to Lead Top Health Agency, BBC (Nov. 26, 2024), https://bbc.com/news/articles/cvg4yxmmg1zo [perma.cc/X4GH-AZPT], and acting director of CDC, Sheryl Gay Stolberg, N.I.H. Director Will Temporarily Run C.D.C. in Leadership Shake-Up, N.Y. Times (Feb. 18, 2026), https://www.nytimes.com/2026/02/18/us/politics/bhattacharya-kennedy-cdc-director.html [perma.cc​/VR4L-MMT9]. Macedo and Lee urged his appointment to NIH. Frances Lee & Stephen Macedo, Restoring Trust in Public Health, Compact (Nov. 24, 2024), https://compactmag.com/article/restoring-trust-in-public-health [perma.cc/ZM6C-PBXM]. Another one of the GBD’s leaders, Martin Kulldorff, has recently been appointed to a position on the Advisory Committee on Immunization Practices. Chris Serres, Antivaxxer or “Highly Capable”? Ex-Harvard Medical School Expert Tapped by RFK Jr. for Vaccine Panel Defies Easy Labels, Bos. Globe (June 13, 2025), https://bostonglobe.com/2025/06/13/metro/rfk-vaccine-panel-kulldorff [perma.cc/P73W-JL5R].

II. Understanding NPIs

Early in the book, Macedo and Lee discuss an open letter signed by hundreds of public health-related scholars in March 2020 “aimed at influencing the U.S. response to the pandemic.”49Pp. 68–69 (citing Gregg S. Gonsalves et al., Achieving a Fair and Effective COVID-19 Response: An Open Letter to Vice-President Mike Pence, and Other Federal, State and Local Leaders from Public Health and Legal Experts in the United States (Mar. 2, 2020), https://law.yale.edu/sites/default/files/area/center/ghjp/documents/final_covid-19_letter_from_public​_health​_and_legal_experts​.pdf [perma.cc/LNH2-H5NW]).

Macedo and Lee use this letter to convey two important points: First, pre-COVID, there was a strong consensus among public health experts against the use of NPIs. Second, those same experts rapidly ignored their prior advice and endorsed China-style lockdowns50For a discussion of China’s approach, see generally Shupeng Lyu et al., One Pandemic, Two Solutions: Comparing the U.S.-China Response and Health Priorities to COVID-19 from the Perspective of “Two Types of Control”, 11 Healthcare 1848 (2023), https://doi.org/10.3390/healthcare11131848.

once COVID broke out in the United States.51Ch. 3. The letter is not the only example that Macedo and Lee offer of pre-pandemic criticism of NPIs. See pp. 29–33. Importantly, Macedo and Lee acknowledge that NPIs played a prominent role in the Bush Administration’s pandemic plans. Pp. 34–37. However, they fail to mention that the Obama Administration issued regulations strengthening the federal government’s power to implement NPIs. See Control of Communicable Diseases, 42 C.F.R. § 70.1–.12 (2017).

Worse, those same experts, Macedo and Lee assert, went on to stigmatize and stifle dissenters, while ignoring the heavy costs of NPIs (pp. 166–67, 270–71).

As I have written elsewhere, I helped write that March letter,52 Wendy E. Parmet, Constitutional Contagion: COVID, The Courts, and Public Health 1–2 (2023) [hereinafter Parmet, Constitutional Contagion].

as well as other papers and reports that criticized some pre-COVID pandemic plans for their emphasis on the use of some types of NPIs.53Macedo and Lee quote at length a report that I coauthored with George Annas and Wendy Mariner in 2008. P. 43 (quoting George J. Annas, Wendy K. Mariner & Wendy E. Parmet, Pandemic Preparedness: The Need for a Public Health—Not a Law Enforcement/National Security—Approach, ACLU (Jan. 14, 2008), https://aclu.org/publications​/pandemic-preparedness-need-public-health-not-law-enforcementnational-security-approach [perma.cc/2RNG-TAKY]). See also Wendy K. Mariner, George J. Annas & Wendy E. Parmet, Pandemic Preparedness: A Return to the Rule of Law, 1 Drexel L. Rev. 341, 358–61 (2009).

As a result, Macedo and Lee’s criticism hits home.54Many of my papers have noted and responded to some of the arguments they offer. See, e.g., Wendy E. Parmet, The Rise, Fall, and Resurrection of Public Health Law, 50 Am. J.L. & Med. 279, 289–90 (2024).

Were my colleagues and I hypocritical? Did we—and more importantly, did the officials who imposed NPIs—fail to consider their costs?

These questions ought to be taken seriously. The community mitigation measures implemented during COVID were extraordinary (though not totally unprecedented) in their scope and impact.55Broadscale community mitigation measures were employed by some U.S. jurisdictions during the 1918 influenza pandemic. Jason L. Schwartz, The Spanish Flu, Epidemics, and the Turn to Biomedical Responses, 108 Am. J. Pub. Health 1455, 1455–56 (2018), https://doi.org/10.2105/AJPH.2018.304581. Widespread quarantines were also used in other nations during the 2003 SARS outbreak. Tomislav Svoboda et al., Public Health Measures to Control the Spread of the Severe Acute Respiratory Syndrome During the Outbreak in Toronto, 350 New Eng. J. Med. 2352, 2352–53, 2360 (2004), https://doi.org/10.1056/NEJMoa032111.

In addition, although a variety of questions can and should be raised regarding Macedo and Lee’s conclusions about the efficacy of COVID-related restrictions56Macedo and Lee provide an extended review of data that show that the stringency of COVID restrictions had no aggregate impact on mortality rates. Pp. 133–54. I will leave it to epidemiologists to assess their methodologies, but will note that they appear to overlook the fact that states were affected by the spread of disease in other states. In other words, germs cross state lines. Macedo and Lee also do not seem to control for enforcement or compliance rates. See pp. 149–53; Meng-Hao Li et al., Determinants of Voluntary Compliance: COVID-19 Mitigation, 310 Soc. Sci. & Med. 115308, at 5 (2022), https://doi.org/10.1016/j.socscimed.2022.115308. For a discussion of the importance and complexity of measuring compliance when assessing the efficacy of COVID-related orders, see Evan Anderson & Scott Burris, Is Law Working? A Brief Look at the Legal Epidemiology of COVID-19, in Assessing Legal Responses to COVID-19 20, 21 (Scott Burris et al. eds., 2020), https://static1.squarespace.com​/static​/5956e16e6b8f5b8c45f1c216​/t​/5f4d6578225705285562d0f0/1598908033901​/COVID19PolicyPlaybook​​_Aug2020+Full.pdf [perma.cc/QE42-7EZW] (hereinafter Burris et al., Assessing Legal Responses).

—including their failure to consider the costs of losing parents and their casual discounting of long COVID57P. 248. In their very brief discussion of long COVID, Macedo and Lee claim to have “no doubt that there are many people suffering from serious and extended symptoms in the wake of their encounters with Covid-19,” but then question the condition’s prevalence and note that some its symptoms “resemble depression, and the incidence of long Covid is high in those groups prone to depression.” P. 248. They then speculate that NPIs may “have contributed in some instances to symptoms associated with long Covid.” Pp. 248–49. For this, they offer no source in the scientific literature, but cite an article in the New Republic, authored in 2022. Natalie Shure, We Might Have Long Covid All Wrong, New Republic (Dec. 8, 2022), https://newrepublic.com/article/168965/might-long-covid-wrong [perma.cc/T828-CDVF]. This article suggests that long COVID may primarily be a psychosocial condition, but does not attribute it to NPIs. Whether or not depression caused by NPIs has been misdiagnosed as long COVID “in some instance,” Macedo and Lee’s casual dismissal of long COVID and failure to seriously grapple with its impact is deeply problematic, as is their reliance on a speculative piece in a popular magazine for a scientific claim. For a different take on the impact of long COVID, see Trisha Greenhalgh et al., Long COVID: A Clinical Update, 404 The Lancet 707, 707–724 (2024), https://doi.org/10.1016/S0140-6736(24)01136-X.

—there is no doubt that the restrictions were not as effective as many hoped.58As Macedo and Lee note, empirical studies have reached different conclusions. P. 154. However, a recent systematic review concluded that “[e]mpiric studies indicated that lockdown reduced the impact of COVID-19, but that it had notable unwanted effects.” Faruque Ahmed et al., Systematic Review of Empiric Studies on Lockdowns, Workplace Closures, and Other Non-Pharmaceutical Interventions in Non-Healthcare Workplaces During the Initial Year of COVID-19 Pandemic: Benefits and Selected Unintended Consequences, 24 BMC Pub. Health 884, at 2 (2024), https://​doi.org​/10.1186/s12889-024-18377-1. See also Christopher J. Ruhm, US State Restrictions and Excess COVID-19 Pandemic Deaths, 5 JAMA Health F. e242006, at 1 (2024), https://doi.org/10.1001/jamahealthforum.2024.2006 (finding restrictions during the first two years of the pandemic were associated with lower deaths).

That is due, in part, to the fact that the virus continued to mutate, causing additional waves of outbreaks. Further, it might be impossible to stop outbreaks of (and deaths from) a virus with COVID’s epidemiological characteristics without a vaccine or far more sweeping measures, such as those imposed by China.59On the difficulty of suppressing a disease that spreads asymptomatically, like COVID, see Weitz, supra note 17, at 56–57.

Here, it is important to reiterate that despite Macedo and Lee’s claim that the United States followed the “China model,” it did not do so.60Shupeng Lyu et al., supra note 50, at 8. For a discussion of why the virus’s characteristics made it difficult to control, see Weitz, supra note 17, at 41–90.

Macedo and Lee are not wrong to argue that experts sometimes lost sight of the difficulty of controlling COVID. Once a pandemic hits, the imperative to “do something” to save lives when no other options were available can be overwhelming. Nevertheless, Macedo and Lee tend to understate the risk that COVID posed, especially before the development of vaccines. By so doing, they make the restrictions that were imposed seem utterly indefensible.61Pp. 71–74. For a discussion of why some of the scientists Macedo and Lee rely on underestimated COVID’s fatality rate and were overly optimistic about its ending, see Weitz, supra note 17, at 14–19.

They also fail to consider important distinctions between the NPIs that were employed against COVID and those that experts warned against. And they ignore the many ways in which equity was addressed, albeit imperfectly, during the pandemic. Below, I first discuss some distinctions that Macedo and Lee overlook between NPIs. I then turn to the question of equity, noting their failure to consider the efforts that were made to address it, as well as the inequities they ignore.

A. Scapegoating vs. Solidarity

Although Macedo and Lee note that the stringency of NPIs varied between states, they generally fail to distinguish among NPIs. NPIs come in many permutations. At one end of the spectrum are more restrictive policies that surveil and confine individuals to their homes or other places of confinement; at the other end are less draconian policies that limit some mass gatherings, set ventilation standards, or require people to wear masks in crowded settings.62See Wiley, supra note 1, at 54–55. See also Community Mitigation, Ctrs. for Disease Control & Prevention (June 6, 2024), https://cdc.gov/pandemic-flu/php/fed-gov-planning/community-mitigation​.html [perma.cc/3AGF-G6LD].

The epidemiological, liberty, and practical costs of each and all other policies vary. Unfortunately, Macedo and Lee ignore these distinctions.

They also overlook another key distinction: whether NPIs are employed universally (i.e., are community-wide mitigation measures) or are targeted at discrete individuals or demographic groups. Historically, health officials have often used NPIs to control and scapegoat socially vulnerable populations. For example, during the early twentieth century, officials rounded up and forcibly treated women who were thought to have lax morals on the theory that they spread sexually transmitted infections.63 Allan M. Brandt, No Magic Bullet: A Social History of Venereal Disease in the United States Since 1880 84–92 (1985).

Early in the HIV epidemic, a majority of Americans believed that AIDS patients should be quarantined.64John Balzar, The Times Poll: Tough New Government Action on AIDS Backed, L.A. Times (Dec. 19, 1985), https://latimes.com/archives/la-xpm-1985-12-19-mn-30337-story.html [perma.cc/WH3Q-VLFD].

Although quarantine was not employed broadly, the federal government did detain HIV-positive Haitian refugees in Guantanamo Bay.65 Patricia Illingworth & Wendy E. Parmet, The Health of Newcomers: Immigration, Health Policy and the Case for Global Solidarity 37–39 (2017).

International quarantines and travel bans have also long been used to single out nonnationals and immigrants.66See, e.g., id. at 32–34, 190–91.

These tactics are troubling for many reasons. First, such NPIs violate the human rights and dignity of individuals who are already vulnerable due to their social or health status, treating them as a source of contagion rather than persons whose health conditions warrant protection.67See, e.g., Wendy E. Parmet, Dangerous Perspectives: The Perils of Individualizing Public Health Problems, 30 J. Legal Med. 83, 88–89 (2009).

Second, because they are motivated by animus and prejudice rather than epidemiology, such approaches are unlikely to be effective. For example, policies that forcibly detained female sex workers overlooked the fact that men also spread sexually transmitted infections.68For a discussion of the gendered approach to controlling sexually transmitted disease, see generally John Parascandola, Quarantining Women: Venereal Disease Rapid Treatment Centers in World War II America, 83 Bull. Hist. Med. 431 (2009).

Third, by treating some discrete groups as “the problem,” targeted NPIs divert attention and resources away from population-based measures such as paid sick leave or government-supported healthcare, which enable many more individuals to comply with health recommendations, thereby reducing the risk they may pose to others.69 Illingworth & Parmet, supra note 65, at 70; Rachel Dicke, Adrienne Ohler & Adam Thorp, Paid Sick Leave in The U.S.: Summary 1 (U. Mo. Inst. Pub. Pol’y ed., 2022), https://truman.missouri.edu/sites/default/files/publication/Paid%20Sick%20Leave​%20In​%20the​%20US%20Summary%20Final%2010.31.22.pdf [perma.cc/KNJ3-9C9X]; U.S. Dep’t of Health & Hum. Servs.: Agency for Healthcare Rsch. & Quality, 2019 National Healthcare Quality & Disparities Report A4 (2020), https://ncbi.nlm.nih.gov​/books/NBK579354/pdf/Bookshelf_NBK579354.pdf [perma.cc/9A5E-WHQX].

Finally, punitive approaches can undermine social solidarity and trust in public health officials, leading people to go “underground,” which can increase the risk of contagion.70 Illingworth & Parmet, supra note 65, at 40, 70.

Early in the twenty-first century, such concerns led many71E.g., Lawrence O. Gostin, The Model State Emergency Health Powers Act: Public Health and Civil Liberties in a Time of Terrorism, 13 Health Matrix 3, 27–28 (2003). Macedo and Lee also overlook the Obama Administration’s 2017 regulations enhancing the federal government’s ability to impose NPIs. Control of Communicable Diseases, 42 C.F.R. § 70.10–.18 (2017).

public health experts, bioethicists, and scholars to raise serious concerns about quarantines (which limit the movement of individuals who are thought to be contagious but are not yet ill) and travel bans (which limit the movement of people who are thought to raise a risk of contagion but are not known to be ill).72Pp. 38–44. See Wendy E. Parmet, Quarantining the Law of Quarantine: Why Quarantine Law Does Not Reflect Contemporary Constitutional Law, 9 Wake Forest J. L. & Pol’y 1, 16 (2018) (discussing scholarly debate about the role of quarantine).

Importantly, these critics of quarantines (and I place myself in that category) did not assert that NPIs were uniformly inappropriate. Instead, they argued that highly restrictive targeted NPIs should not be the first tool utilized, and they stressed the need for safeguards to ensure that states do not discriminate against or unfairly target vulnerable individuals.73See id. at 4–5, 31.

In the winter of 2020, there were good reasons to worry that quarantines and travel bans would be deployed in discriminatory and ineffective ways. After all, President Trump demonized immigrants at the very start of his presidential campaign.74Amanda Terkel & Megan Lebowitz, From “Rapists” to “Eating the Pets”: Trump Has Long Used Degrading Language Toward Immigrants, NBC News (Sep. 19, 2024), https://nbcnews.com/politics/donald-trump/trump-degrading-language-immigrants-rcna171120 [perma.cc/DAS7-K6DS].

Additionally, one of Trump’s first responses to COVID was the imposition of a travel ban on China that exempted American passport holders, as if passport status determined viral status.75Wendy E. Parmet, Immigration Law’s Adverse Impact on COVID-19, in Burris et. al., Assessing Legal Responses, supra note 56, at 240–41. President Trump also used his authority to prevent the transmission of disease into the country to bar migration from the southern border. See Rachel Fabi, Saul D. Rivas & Marsha Griffin, Not in Our Name: The Disingenuous Use of “Public Health” as Justification for Title 42 Expulsions in the Era of the Migrant Protection Protocols, 112 Am. J. Pub. Health 1115, 1116 (2022).

At the same time, the President and his administration took few steps to prepare the country for COVID or mitigate its impact. They did not enhance the procurement of personal protective equipment (PPE) or commence community surveillance.76Eric Lipton, David E. Sanger, Maggie Haberman, Michael D. Shear, Mark Mazzetti & Julian E. Barnes, He Could Have Seen What Was Coming: Behind Trump’s Failure on the Virus, N.Y. Times (July 20, 2021), https:​//nytimes.com/2020/04/11/us/politics/coronavirus-trump-response.html [perma.cc​/G6L3-DW3W].

Given that context, there were reasons to worry about how the United States and its states might employ NPIs. Would they quarantine people of Chinese origin? Close only businesses owned by Asian Americans? These concerns spurred the March letter’s reminders that “[a] successful American response to the COVID-19 pandemic must protect the health and human rights of everyone in the US,” and “[g]overnment and institutions must also actively prevent discrimination and scapegoating of individuals or groups.”77Gonsalves et al., supra note 49, at 1–2.

Macedo and Lee overlook this critical distinction between universally applied community mitigation measures and discriminatory NPIs.

This is not to say health experts believed that all of the NPIs implemented during COVID were well-designed or effective. Indeed, many members of the “laptop class” recognized the risk of overreach and called for more oversight of executive authority.78See, e.g., Wiley, supra note 1, at 106–18; Lance Gable, Mass Movement, Business, and Property Control Measures, in Burris et al., Assessing Legal Responses, supra note 56, at 38.

But what most public health advocates rejected, and Macedo and Lee (not to mention the GBD) implicitly support, was an approach that asked no sacrifice from those who were least vulnerable to COVID’s toll.79On social solidarity, individualism, and public health, see generally Cecília Tomori et al., Your Health is in Your Hands? US CDC COVID-19 Mask Guidance Reveals the Moral Foundations of Public Health, 38 eClinicalMedicine 101071 (2021), https://doi.org/10.1016/j.eclinm.2021.101071.

It was an approach that underplayed the reality of contagion: that the risk of a virus depends in large measure on its prevalence in the community.80See Y. Tandjaoui-Lambiotte et al., Spread of Viruses, Which Measures are the Most Apt to Control COVID-19?, 53 Infectious Diseases Now 104637, at 1–2 (2023), https://doi.org/10.1016/j.idnow.2022.12.002.

Instead of community mitigation, Macedo and Lee seem to prefer a type of “do it yourself pandemic” that views risk purely in personal or individual terms.81See Tomori, supra note 79, at 1–2.

With such an individualized approach, those who are healthy and young can live life as they had; those who have preexisting conditions or are older are, well, out of luck.

B. COVID’s Unequal Toll

One of Macedo and Lee’s more searing arguments is that the “laptop class” failed to consider the distributional impact of COVID-related restrictions (pp. 13–15). First, the authors show that Dr. Anthony Fauci and Dr. Deborah Birx, as well as other influential public health leaders, relied heavily on mathematical and epidemiological models that considered the impact of various policies in terms of lives lost or saved, while ignoring “collateral costs.”82Pp. 165–70. In the conclusion, Macedo and Lee call on experts to “stay in their lane.” P. 294. In so doing, they don’t seem to recognize that the epidemiologists that Macedo and Lee condemn for not considering collateral costs might have been trying to stay in their lane by focusing on cases and deaths rather than the social costs of measures that others were better suited to opine on.

Macedo and Lee further assert that there was a “remarkable dearth of academic panels, conferences, and workshops examining the trade-offs entailed in non-pharmaceutical interventions” and that “academia tended to view such questions as either not worth asking, or too uncomfortable to ask.”83P. 171. Of course, most conferences during the early years of the pandemic were virtual. But their claim that such questions were not asked at academic convenings belies my own experience of listening to and participating in many such conversations at virtual symposia. They also overlook the extensive discussion of inequities in the public health and legal literature. See infra note 92.

The authors then summarize some of the costs of COVID restrictions: additions to the public debt, inflation, social dislocation, educational losses, harms to mental health, an increase in global inequality, unemployment, and business failures (pp. 178–97). Throughout this discussion, Macedo and Lee emphasize the costs borne by low-income groups and racial minorities (p. 185).

Macedo and Lee are correct to focus on the inequitable costs of NPIs. Nevertheless, as the discussion above suggests,84See supra notes 68–70 and accompanying text.

not all the inequities came from NPIs—some came from the virus itself, or its interaction with preexisting social structures. For example, Macedo and Lee rightly lament the emotional and cognitive harms experienced by long-term care residents due to policies preventing visits from family members (p. 193). But they ignore the pain that such residents and other seniors felt when they lost friends and neighbors—not to mention the loss of life itself for those who died! They also ignore the fear of the virus that many older or immunocompromised Americans experienced or the survivor’s guilt felt by healthcare workers and loved ones who transmitted COVID to vulnerable individuals.85They also fail to consider how their critique of such policies can be reconciled with the GBD’s call for “focused protection,” which they seemingly support. See pp. 94–98.

Policy was important, but so was the virus.86Cf. Susan Longworth, A Conversation with Austan Goolsbee about the Economic Impact of Covid-19, Fed. Rsrv. Bank of Chi. (Dec. 3, 2020), https://chicagofed.org/publications/blogs/chicago-fed-insights/2020/conversation-with-austan-goolsbee [perma.cc​/N7NP​-LGLK] (stating that “the virus is the boss” of the economy). Macedo and Lee also completely ignore the fact that the GBD’s proposal for focused protection would also have led to loneliness for residents of nursing homes and long-term care facilities. As they admit, there were no good answers. P. 98.

That’s one reason why public health experts sought to reduce the virus’s transmission in the community, including by masking, which Macedo and Lee quickly reject without considering that it could serve as a form of harm reduction or as a less restrictive alternative to social distancing laws.87Pp. 234, 236–42. Macedo and Lee’s discussion of masking appears mostly in a chapter entitled “Politicized Science” that focuses on the misleading statements made by Dr. Anthony Fauci, p. 234, and what they view as politicized refutations (made mostly by journalists) of a study published by the Cochrane Library on the efficacy of masking. Pp. 236–42 (discussing Tom Jefferson et al., Physical Interventions to Interrupt or Reduce the Spread of Respiratory Viruses, 1 Cochrane Database Systematic Revs. CD006207 (2023), https://doi.org/10.1002/14651858.CD006207.pub6). While Macedo and Lee acknowledge some important limitations to that study and elsewhere note a study finding that states with higher rates of masking had lower infection rates, p. 156, they assert that “mask mandates and increased mask wearing have not been proved to be effective at significantly reducing the spread of respiratory viruses in populations.” P. 244. For a different perspective, see Weitz, supra note 17, at 130.

Macedo and Lee also understate the “laptop class’s” concern for equity. For example, although they state that that the March letter noted that compliance with NPIs would depend on the “degree of support provided, particularly for low-wage workers and other vulnerable communities,” (p. 69), they do so in a section of the book designed to show that before mid-March 2020, public health experts rejected NPIs (pp. 68–70). Somehow, the letter’s focus on equity, and the fact that it insisted that “[w]here mandatory measures are used, steps must be taken to ensure that people are protected from job loss, economic hardship, and undue burden,”88Gonsalves et al., supra note 49, at 5.

seem to escape Macedo and Lee’s attention when they turn to issues of equity.

The letter’s signatories were hardly alone in emphasizing the need to consider the impact of COVID-related policies on vulnerable populations. Once the pandemic began, many public health experts focused on the heightened risks to and the costs incurred by low-wage workers and other vulnerable populations. The two-volume COVID Law and Policy Playbook, featuring contributions from over fifty public health experts that my colleagues and I edited,89 COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future (Scott Burris et al. eds., 2021), https://static1.squarespace.com​/static/5956e16e6b8f5b8c45f1c216/t​/60995942ea2dbf3f3bc31788​/1620662599928/COVIDPolicyPlaybook-v2_May2021.pdf [perma.cc/LE9C-ULP5] (hereinafter Burris et al., Policy Playbook).

included a list of recommendations aimed at addressing the costs borne by low-income workers, as well as racial and other minority groups.90 Burris et al., Assessing Legal Responses, supra note 56, at 8–9; Burris et al., Policy Playbook, supra note 89, at 9–10.

But in contrast to Macedo and Lee, the Playbook’s contributors also recognized that an appropriate response to COVID should not only help low-income individuals bear the costs of mitigation strategies91 Burris et al., Policy Playbook, supra note 89, at 5.

but also protect those at high risk from the virus itself. For example, prisoners and immigration detainees were at especially high risk throughout the pandemic.92Jessica Bressler & Leo Beletsky, COVID-19, Incarceration, and the Criminal Legal System, in Burris et al., Policy Playbook, supra note 89, at 205–06. Likewise, in June 2020, the American Journal of Public Health published numerous papers discussing racial, immigration-based, prison-based, income-related, and other inequities that were exacerbated by the pandemic or pandemic-related policies. See, e.g., Jill R. Froimson et al., COVID-19, Home Confinement, and the Fallacy of “Safest at Home”, 110 Am. J. Pub. Health 960, 960 (2020), https://doi.org/10.2105/AJPH.2020.305725 (discussing the risk of stay-at-home orders to people experiencing domestic violence).

Their plight, however, escapes Macedo and Lee’s attention, as do the risks faced by people who are immunocompromised. In their calculus, the only inequities that mattered were the ones created by NPIs.

Fortunately, many policymakers did not share Macedo and Lee’s myopia. In fact, Congress passed numerous measures designed to cushion the economic pain caused by the pandemic.93See The Six Laws that Funded Pandemic Relief Programs, Pandemic Oversight, https://pandemicoversight.gov/about-us/pandemic-relief-program-laws [perma.cc/9DT8-3VDQ].

Among these were laws that guaranteed paid leave and extended unemployment benefits,94Sharon Terman & Michele Evermore, Paid Sick Leave and Unemployment Insurance during the Pandemic and Beyond, in Burris et al., Policy Playbook, supra note 89, at 181–83.

eased access to Medicaid95Nicole Huberfeld & Sidney Watson, Lessons Learned: Strengthening Medicaid to Address Health and Economic Emergencies, in Burris et al., Policy Playbook, supra note 89, at 96, 98–99.

and SNAP,96Mathew Swinburne, Using SNAP to Address Food Insecurity During the COVID-19 Pandemic, in Burris et al., Policy Playbook, supra note 89, at 177–78.

and temporarily halted evictions.97Ala. Ass’n of Realtors v. Dep’t of Health & Hum. Servs., 594 U.S. 758, 760 (2021) (per curiam).

Later, once vaccines became available, public health workers joined with community groups to vaccinate racial and ethnic minority populations.98See, e.g., Amy Parker Fiebelkorn et al., The Role of Funded Partnerships in Working Towards Decreasing COVID‑19 Vaccination Disparities, United States, March 2021–December 2022, 42 Vaccine Supp. 3 125551, at 21–22 (2024), https://doi.org​/10.1016​/j.vaccine.2023.12.061; CDC Program Engages Partners to Promote Vaccine Equity Among Racial and Ethnic Minority Groups, Ctrs. for Disease Control & Prevention, Nat’l Ctr. for Immunization & Respiratory Diseases (Sep. 10, 2021), https://cdc.gov/flu/spotlights/2020-2021/partners-promote-vaccine-equity.htm [perma.cc/NB6J-9EGT].

And to protect blue-collar and essential workers, the Biden Administration issued a regulation requiring large employers to either mandate vaccination or require masking and testing of their workers.99Nat’l Fed’n of Indep. Bus. v. Dep’t of Labor, 595 U.S. 109, 112–13 (2022); Interim Final Rule; Request for Comments, 86 Fed. Reg. 61402, 61415 (Nov. 5, 2021).

Although the Supreme Court ruled that the administration lacked authority to issue the regulation,100Nat’l Fed’n of Indep. Bus., 595 U.S. at 117.

the regulation aimed to protect blue-collar workers, showing that the disregard of the interests of working-class Americans did not come solely (or even mostly) from the progressive side.

True, these measures were insufficient to ensure that either the virus’s biological or economic costs were borne equitably across the American population. And the interests of many groups, especially K–12 students, were often undervalued. Still, in a book that purports to show how our politics failed us, Macedo and Lee’s failure to discuss the formulation of supportive measures is surprising; their failure to consider the impact of the policies they implicitly support on high-risk individuals is far more troubling.

Conclusion

The six years since the start of the pandemic have been tumultuous for the public health community—that amorphous and heterogeneous group of government officials; community health workers; and academics in public health, epidemiology, and public health law and policy. Not only did public health officials at all levels of government have to respond to a global pandemic that defied epidemiological expectations,101For a fuller discussion of how and why COVID defied expectations, see Weitz, supra note 17, at 1–63. For example, it took the World Health Organization two years to say that COVID was airborne. Dyani Lewis, Why the WHO Took Two Years to Say COVID is Airborne, Nature (Apr. 6, 2022), https://doi.org/10.1038/d41586-022-00925-7.

but they did so in the face of a series of novel challenges: a president who frequently issued misleading statements about the pandemic,102E.g., Daniel Dale & Tara Subramaniam, Fact Check: Breaking Down Trump’s 654 False Claims over 14 Weeks During the Coronavirus Pandemic, CNN (May 29, 2020), https://cnn.com/2020/05/29/politics​/fact-check-trump-coronavirus-pandemic-dishonesty [perma.cc/JFV4-BLJC].

social media amplification of conspiracy theories,103Benjamin J. Dow et al., The COVID-19 Pandemic and the Search for Structure: Social Media and Conspiracy Theories, 15 Soc. Pers. Psych. Compass 312636, at 2 (2021), https://doi.org/10.1111/spc3.12636.

a growing populist backlash against institutions and expertise (that, to be clear, long predated COVID),104See, e.g., Tom Nichols, The Death of Expertise: The Campaign Against Established Knowledge and Why it Matters 3 (2017).

and a judicial system that became increasingly skeptical of the exercise of public health-focused executive powers.105See, e.g., Wendy E. Parmet, From Deference to Indifference: Judicial Review of the Scope of Public Health Authority During the COVID-19 Pandemic, 17 St. Louis. U. J. Health Pol’y & L. 1, 16–30 (2023).

They also had to confront a new virus in a nation that was deeply polarized and had both lower life expectancies and higher rates of many of the chronic conditions that increase the risk of dying from COVID than other wealthy countries.106See Paul Starr, American Contradiction: Revolution and Revenge from the 1950s to Now 179-80 (2025); United Health Found., America’s Health Rankings: 2019 Annual Report 40–42, https://assets.americashealthrankings.org/ahr_2019annualreport.pdf [perma.cc/8PJS-MMNZ]; Karen A. Hacker et al., COVID-19 and Chronic Disease: The Impact Now and in the Future, Preventing Chronic Disease 1 (June 17, 2021), http://dx.doi.org/10.5888/pcd18.210086.

As thanks for facing all of this, many public health workers experienced harassment and death threats.107Jennifer A. Horney et al., Threats to Public Health Workers, 6 Pub. Health in Prac. 100435, at 2 (2023), https://doi.org/10.1016/j.puhip.2023.100435.

Despite these challenges, by some measures, neither our public health workforce nor our policies failed us. After all, scientists developed and public health workers disseminated a new vaccine in record-breaking time.108See Alfredo Morabia, The Public Health Approach: Population Thinking from the Black Death to COVID-19 1 (2023).

Moreover, despite deep political polarization, Congress quickly enacted several relief bills that softened the pandemic’s economic pain.109See Pandemic Oversight, supra note 93.

And deep into the pandemic, a large plurality of Americans continued to trust healthcare workers, public health institutions, and public health experts.110Gillian K. SteelFisher et al., Trust in US Federal, State, and Local Public Health Agencies During COVID-19: Responses and Policy Implications, 42 Health Affs. 328, 330–31 (2023), https://doi.org/10.1377/hlthaff.2022.01204.

Perhaps the glass is half full!

Still, whether the glass is half full or half empty, the public health community (and the “laptop class” more generally) should learn from their mistakes. Among the most obvious lessons is the need for humility, especially early in an outbreak when scientific evidence is slim and the meaning of the data is uncertain. Likewise, public health (and all) experts should recognize the limits of their expertise. Epidemiologists and physicians have expertise about the causes and spread of disease, but they lack expertise about the legal and ethical implications of various social and legal interventions.111See Scott Burris, What is a Public Health Lawyer Today? Acting for, Against, and Beyond Public Health, 17 St. Louis U. J. Health L. & Pol’y 113, 125 (2023) (“Too many people in public health seem to believe that their expertise in epidemiology and public health practice also qualifies them as policymakers, advocates, communicators, regulators, and evaluators.”).

That means that while they can and should produce and explain the scientific evidence that can be essential for effective policy, they should also recognize that other voices and factors need to inform policymaking.112Bagenstos, supra note 25, at 748.

Yet, precisely because public health relies primarily on persuasion,113This was true even during the pandemic. For all the discussion of legally imposed orders, most of the interventions, from reducing social contacts to wearing a mask, relied on the compliance of individuals and enterprises. See Li et al., supra note 56. And that, in turn, depended not only on the stringency and duration of the orders, id. at 2–3, but also the public’s trust in the orders given and their ability to comply. See Wendy E. Parmet et al., COVID-19: The Promise and Failure of Law in an Inequitable Nation, 111 Am. J. Pub. Health 47, 47–48 (2021), https://doi.org/10.2105/AJPH.2020.306008.

public health experts, advocates, and allies (including those in law) need to engage more fully with communities outside of their own. Only by understanding the needs and concerns of different communities can public health experts gain the trust of those communities and design interventions that are tailored to their lived experience.

Nevertheless, if the public’s health is to be protected—and if America is to become “healthy again” in the face of continuing chronic diseases, stark health inequities, and the ever-lingering threat of another (perhaps far worse) pandemic—we need a broader view. The problems that confront the field of public health are not solely of its own making, nor are they the sole fault of the “laptop class.” Members of this class may have acted at times with hubris during the pandemic, but those missteps do not explain why the Trump Administration failed, in early 2020, to ensure the rapid and equitable distribution of PPE, ventilators, and accurate COVID tests.114For a discussion of the Trump Administration’s failures in this regard, see Andy Slavitt, Preventable: The Inside Story of How Leadership Failures, Politics, and Selfishness Doomed the U.S. Coronavirus Response 77–86 (2021).

They cannot explain why the President chose to underplay the severity of the threat115Trump did so as late as April 2020. See Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in Press Briefing, White House (Apr. 7, 2020), https://​trumpwhitehouse​.archives.gov/briefings-statements/remarks-president-trump-vice-president-pence-members-coronavirus-task-force-press-briefing-april-7-2020 [perma.cc/LYK9-KQML]. See also Ronald Bailey, Do Hydroxychloroquine and Ivermectin Work?, Reason (Mar. 11, 2025), https://reason.com/2025/03/11/do-hydroxychloroquine-and-ivermectin-work [perma.cc/SU9N-7F2L] (discussing studies relating to the efficacy of COVID treatments touted by Trump).

and promote ineffective treatments.116 Slavitt, supra note 114, at 200.

And they cannot explain why many of his supporters spread conspiracy theories and rejected the vaccines developed thanks to the work of his own administration.117See, e.g., Dale & Subramaniam, supra note 102; Elizabeth Dwoskin & Josh Dawsey, The Trump Administration Wants to Take Credit for a Covid Vaccine. Trump Supporters are Undermining It, Wash. Post (Dec. 24, 2020), https://washingtonpost.com/technology/2020/12/24/trump-vaccine-misinformation [perma.cc/EN39-2988].

If we want to understand why the United States fared so poorly during COVID, we need to understand the full array of actors and actions that shaped the nation’s response. We also need to consider the range of preexisting conditions that heightened our susceptibility to the virus. Many of these conditions were not of public health’s making. For example, the public health community is not responsible for the fragmentation and frequent dysfunction of the healthcare system, which left many Americans with uncontrolled chronic health problems long before the pandemic began.118See Roosa Tikkanen & Melinda K. Abrams, U.S. Health Care from a Global Perspective, 2019: Higher Spending, Worse Outcomes?, Commonwealth Fund (Jan. 30, 2020), https://commonwealthfund.org/publications/issue-briefs/2020/jan/us-health-care-global-perspective-2019 [perma.cc/U9S5-4URN].

Nor is it responsible for the proliferation of products, from tobacco to highly processed foods, that have shortened Americans’ lives.119On the role that products play in determining health, see Cassandra de Lacy-Vawdon & Charles Livingstone, Defining the Commercial Determinants of Health: A Systematic Review, 20 BMC Pub. Health 1022 (2020), https://doi.org/10.1186/s12889-020-09126-1.

And finally, the field of public health cannot be blamed for the growth of algorithms that accelerate the spread of false health information and conspiracy theories.120Dow et al., supra note 103, at 6.

Further, although the field of public health should be held accountable for the impact of racist policies that stain its history—like the infamous Tuskegee syphilis study121About the Untreated Syphilis Study at Tuskegee, Ctrs. for Disease Control & Prevention (Sep. 4, 2024), https://cdc.gov/tuskegee/about/index.html [perma.cc/V9Y3-DFYF].

—it is not the primary culprit for our deep-seated racial health inequities. Nor are public health workers the primary cause of the increasingly partisan and polarized political landscape (whose impact Macedo and Lee note (p. 153)) that soured Americans’ trust in government long before COVID.122See Jack Citrin & Laura Stoker, Political Trust in a Cynical Age, 21 Ann. Rev. Pol. Sci. 49, 59 (2018); Robert J. Blendon & John M. Benson, Trust in Medicine, the Health System & Public Health, Daedalus (Nov. 15, 2022), at 67, 68, https://doi.org/10.1162/daed_a_01944 (discussing a forty-year decline in trust in institutions, including medicine and public health).

For that, the Supreme Court, which opened the door to unfettered campaign contributions and partisan gerrymandering, bears more of the blame.123 Parmet, Constitutional Contagion, supra note 52, at 195–208.

So, yes, the type of self-reflection that Macedo and Lee prescribe is in order. But to move forward, the public health community cannot merely look in the mirror. It must peer beyond it to gain a deeper understanding of the complex and often hostile environment in which it operates. And it must learn how to navigate those forces and protect the public’s health despite the hurdles they create. Otherwise, it has no hope of doing a better job next time, and Americans have little reason to believe their nation will fare better during the next pandemic.


* Matthews Distinguished University Professor of Law, Northeastern University School of Law.