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Federalism, the Pandemic, and the Unfolding Policy Disaster
Stephen Griffin
In late April Constitution Net published a short essay I wrote on this
topic.In it, I noted parallels between
the Bush administration’s response to Hurricane Katrina and the Trump
administration’s response to Covid-19.Both administrations relied on the states as first responders even
though states have obvious limitations.I’m sorry to say that on the basis of this WaPo article, things seem to
have gotten worse.The article quotes Kathleen Sebelius, a former Kansas governor and health
secretary in the Obama administration: “The administration seems to have washed
their hands of it and said [to governors], we’re out of it. You’re on your own.
Figure it out.”It continues, “[t]hat’s
really the story of all this,” agreed one outside adviser to the Trump
administration. “The states are just doing everything on their own.”
Consider what this means in practical
terms.A recent op-ed has
recommendations for what universities should do in preparation for opening in
the fall.They include having “a
comprehensive testing and contact tracing program for any student attending
class in person or living on campus, any faculty member offering instruction,
or any support staff or administrators regularly interacting with students.
They should consider testing faculty, staff and students when they arrive on
campus (or require the results from a recent diagnostic test before returning)
and continue a regular testing regimen as the school year goes on.”Now if these are sensible suggestions for
those of us employed in higher education, they also represent good advice for at
least those states on the front line.Yet none of the states have the resources, financial or otherwise, to
implement anything close to these suggestions.Only the national government has the capacity to lead such an
effort.That the President and Congress
are not leading the way will only compound the medical crisis and lead to a policy
disaster perhaps unprecedented in American history.