Even if the CDC has authority to do what needs to be done to protect against the disease, it doesn't have the authority to do everything that it can stick an anti-Covid label on. It can't, for example, ban the eating of corn on the cob as part of the fight against Covid. Why? Because eating corn on the cob is not a known (or even suspected) to increase Covid transmission.
A court has to care at least a little bit about effectiveness of the measure... doesn't it?
A court has to care at least a little bit about effectiveness of the measure... doesn't it?