Back in March, uncertainty and the fear that millions might die from COVID-19 led states across the country to shutter businesses and ban public gatherings. The response across the country varied significantly, as most governors and their chosen public health tsars systematically shut down businesses, banned public gatherings, and imposed all manner of other restrictions on their respective states.

State legislatures have been remarkably muted. However, the time for unilateral public health mandates has passed. As the Wisconsin Supreme Court rightly recognized, legislatures need to be included in this process, and “the governor cannot rely on emergency powers indefinitely.” We’re almost five months into this pandemic, and still, legislatures across the country, including Congress, have not properly engaged in policy decisions.