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Lockdowns. Mandates. Censorship.

In the name of “public health,” federal bureaucrats violated
more civil liberties than any government action in our lifetimes.

Five years later, we’re highlighting two dozen ways
the Administrative State failed the Constitution,
and why Congress must ensure it never happens again.

“15 Days to Slow the Spread”: How Bad Bureaucratic Decisions Made Covid-19 Worse

March 2025 marks the fifth anniversary since American businesses closed their doors during the Covid-19 pandemic. Among a slew of other terrible federal bureaucratic orders, “15 Days to Slow the Spread” of the Covid-19 virus was not based on accurate or well-informed science. Indeed, it was directly contrary to long-standing (and scientifically informed) pre-pandemic planning for responding to an airborne virus.

Nor was it based on the Constitution. The Covid lockdowns and mandates violated more civil liberties of more Americans more severely than any other federal government action of our lifetimes. The extent and degree of civil liberties violated were so vast and so harsh that it is hard to even come up with a close second short of the military draft—and at least Congress voted for the draft.

We know now that the effort for “15 days” became more than two years of closed offices and businesses. The nationwide lockdown did little or nothing to prevent the spread of the Covid-19 virus. However, locking down healthy Americans, prohibiting worship services, closing schools, shuttering “non-essential” workplaces (many of which never recovered and were essential to people’s livelihoods), limiting access to hospitals (where loved ones were dying), destroying supply chains, mandating vaccines, censoring dissent, and all the rest of the bureaucracy’s botched management caused an immense amount of unnecessary harm and permanent damage on top of what the virus itself caused.

Over the next 15 days, NCLA will catalog some of these bad bureaucratic decisions and the lasting damage they produced. We do not do so to relive the misery we all experienced, nor to recount the various lawsuits that NCLA brought—many successfully—against these unconstitutional policies. Rather, some five years later, we believe it is important to ensure that all Americans remember how spectacularly the government, the Administrative State, failed during the Covid-19 pandemic.

The people who issued these life-altering orders were not heroes; those who showed more interest in covering their own tracks in funding risky gain-of-function research than in battling the virus were downright villainous. Hundreds of millions of Americans got a dose of what life would be like under arbitrary bureaucratic rule, and they did not like it. Yet our elected leaders have done precious little to prevent such mismanagement from happening again.

Starting today, NCLA will release two dozen short (3-minute read) essays explaining some of the worst bureaucratic decisions and the resulting adverse consequences in hopes that Congress will stir to action. Congress voted in 1971 to end the military draft. What has Congress done to prevent lockdowns and all the other bureaucratic abuses during the Covid pandemic from recurring?

Mark Chenoweth, NCLA President

Click Here to See the Full List of Topics
  1. Focused Protection vs. Lockdowns (Jenin Younes)
  2. Hospital Visitor Restrictions and Dying Alone (Margot Cleveland)
  3. Eviction Moratorium (Dan Kelly)
  4. Forced Closure of Houses of Worship (Garrett Snedeker)
  5. Arbitrary Restrictions on Purchases (Dan Kelly)
  6. Damage from Prolonged School Closures (Kaitlyn Schiraldi and Sheng Li)
  7. False Fatality and Mortality Statistics (Zhonette Brown)
  8. Unlawful Student Loan Debt Forgiveness (Russ Ryan)
  9. Remote Learning (John Vecchione)
  10. Governors’ Abuse of Emergency Powers (Andrew Morris)
  11. Arbitrary Food/Beverage Rules (Andreia Trifoi)
  12. Travel Bans (John Vecchione)
  13. Masking Children (Kara Rollins)
  14. Massive Censorship Around Dissent (Casey Norman)
  15. Wet Market Hoax (Russ Ryan)
  16. Health Care Fallout from Lockdowns (Andreia Trifoi)
  17. Closing Parks and Playgrounds (Andrew Morris)
  18. Daycare Exclusion Policies for Children (Kara Rollins)
  19. Masking and Plexiglass (Peggy Little)
  20. Vaccine Mandates (Sheng Li)
  21. Vaccine Passports (Jenin Younes)
  22. Denying Natural Immunity (Zhonette Brown)
  23. Discharge of Unvax’d Soldiers (Casey Norman)
  24. Mandatory Admissions to Nursing Homes (Greg Dolin)

Articles

Locking Down the Outdoors: A Cautionary Tale in Arbitrary Power
April 21, 2025
When Covid-19 hit in March 2020, governors quickly showed they were willing to abuse their emergency powers. They closed schools and most businesses, taking what at first seemed reasonable measures to prevent viral spread in crowded rooms. But then they also closed outdoor public spaces—parks, trails, beaches, waterways, and even children’s playgrounds. They had police […]
Gov. Cuomo’s Nursing Home Fiasco
April 18, 2025
Perhaps one of the deadliest mistakes made by government officials (predominantly those in New York State) during the pandemic was requiring re-admission of Covid-positive patients back into nursing homes. On March 25, 2020, then-New York Governor Andrew Cuomo issued an “advisory” prohibiting nursing homes from “den[ying] re-admission or admission to the NH [nursing home] solely […]
Massive Government Censorship During and About Covid
April 18, 2025
During the Covid pandemic, numerous federal officials and agencies implemented an expansive censorship apparatus, which was used to compel—and, in some instances, collaborate with—social media companies and other private intermediaries to suppress a range of Covid-related viewpoints that ran counter to or questioned the government’s policies or preferred narrative. The censored viewpoints included those which […]
Masking Children Was Scientifically and Morally Wrong
April 18, 2025
In many ways, adults and their policy choices failed children during the pandemic. None as obviously as the Center for Disease Control’s guidance on masking, which adopted a policy of masking children ages 2 and up. Childcare facilities, schools, retail establishments, transit systems, and airlines quickly adopted CDC’s guidance. Who can forget the viral video […]
Fallout from Lockdowns for Health Care
April 18, 2025
The Administrative State’s overreach during Covid also had grave consequences for Americans’ health care. Draconian mandates imposed by state governors in the early (and even waning) days of the pandemic created widespread social isolation and disrupted many routine aspects of life, such as visits to the doctor’s office. For many people these disruptions were not […]
The Wet-Market Pangolin Hoax
April 18, 2025
One of the worst examples of bureaucratic gaslighting about the Covid-19 coronavirus concerned its origin. Remember when Senator Tom Cotton, in February 2020, became the first public official to say out loud what most ordinary Americans considered plain common sense: that this deadly new coronavirus, believed to have started with an infected bat near Wuhan, […]
Daycare Exclusion Policies Harmed Working Families
April 18, 2025
It is counterintuitive, but when my infant son tested positive for Covid-19 in early 2022, my husband and I breathed a sigh of relief because it meant a short but welcome 90-day reprieve from Covid testing and daycare exclusions. Take, for example, the District of Columbia’s exclusion and return-to-care criteria issued by the Office of […]
Going the Distance—Of Masks, Plexiglas and Floor Dots: Our blighted prospects, faces and places
April 10, 2025
The US response to Covid included mandated masking and social distancing imposed mostly by bureaucrats and public health officials shooting from the hip without any authorizing legislation or public hearings on the important questions of whether such measures would be efficacious and whether they would be worth the massive economic, social and human costs. Time […]
Vaccine Passports
April 10, 2025
Once Covid-19 vaccines became widely available in March of 2021, New York’s now-disgraced former Governor Andrew Cuomo launched a vaccine passport program. Governor Cuomo, unlawfully circumventing the state’s administrative procedure act, forced businesses to require patrons to show proof of vaccination or a negative Covid test, or else be barred from entering. Many other cities […]
Firing Military Personnel for Refusing Covid Vaccine
April 10, 2025
On August 24, 2021, the Secretary of the Department of Defense (DOD) issued a memorandum (the “DOD mandate”) requiring that all members of the U.S. armed forces “immediately begin full vaccination” against Covid-19.[1] Notably, then-President Biden—the Commander-in-Chief of the nation’s military forces—never issued an order mandating Covid vaccination for the U.S. military, although he had […]
COVID-19 Vaccine Mandates
April 10, 2025
The Covid-19 vaccines were scientific triumphs that saved countless lives. By contrast, Covid-19 vaccination mandates were unconstitutional travesties that trampled individual rights. Imposed by the Biden administration, some state governments, and many public and private colleges, they represented an egregious overreach of administrative power and a blatant disregard of the rule of law. While courts […]
Futile Travel Bans
April 7, 2025
One individual right thought so fundamental as to not need enumeration in the Constitution is the right to travel. According to the Supreme Court, there are three aspects to this right: It protects the right of a citizen of one State to enter and to leave another State, the right to be treated as a […]
The Denial of Natural Immunity to Covid (and consequent denial of vax exemption)
April 7, 2025
The Administrative State’s collective disregard for the benefits of natural immunity to Covid provides another example of how it blindly prioritized bureaucratic will over liberty and even logic. Federal officials were hell-bent on making sure everyone received a Covid vaccine, whether they “needed” it or not. Bureaucrats demanded that we “trust the science,” while they […]
Remote “Learning”
April 1, 2025
One of the most damaging social costs imposed by the government response to the Covid-19 virus in 2020 was school closures. Their length, pervasiveness and damage were extended and strengthened by the capability to engage in remote “learning.” Because technology now allowed students to meet with teachers from their homes via computer screens, the governmental […]
Arbitrary lockdown rules
April 1, 2025
Another way in which the Administrative State burdened liberty during the Covid-19 pandemic was through the creation and enforcement of arbitrary lockdown rules. Governors utilized the full extent of their emergency powers (and then some) during the pandemic. Many bypassed the appropriate legislative channels to implement mandates in the name of “public health.” City mayors […]
License to Steal
April 1, 2025
Federal agencies never let a good crisis go to waste, unless you are talking about wasting taxpayer dollars. Among many ways they exploited the Covid-19 crisis was to raid the treasury and stick taxpayers with the bill for illegal giveaways to their most dependable voting blocks. Consider the Biden Administration’s mass “forgiveness” of outstanding student […]
Lies, Covid Lies, and Statistics
April 1, 2025
Exaggerating the fatality risk associated with Covid-19 and portraying unscientific guesses as unqualified facts stood out as key Administrative State failures in the early days of Covid. Take the Administrative State’s early statements regarding Covid case fatality and mortality rates. A case fatality rate is a ratio of how many people infected with a particular […]
In Case of Emergency, Break Governors’ Overreach
April 1, 2025
When Covid arrived in the United States, all 50 governors declared a state of emergency They shut down schools, offices, stores, churches, and public parks—initially justifying these unprecedented restrictions as the now-familiar “two weeks to flatten the curve.” With few exceptions (e.g., Georgia, Florida) these emergency orders quickly morphed into abuses of power that continued […]
Focused Protection
March 26, 2025
In stark contrast to widely accepted understandings of what constitutes science, “the Science” that emerged during the Covid era eschewed unbiased observation, systematic experimentation and debate, replacing those careful, deliberative processes with rushes to judgment and stifling of opposing viewpoints.[1] By the time Covid-19 reached epidemic proportions in the United States, public health authorities had concluded […]
Eviction Moratorium
March 26, 2025
The Framers understood that property rights comprise an indispensable bulwark against government. Covid taught us, however, that bureaucrats believe that bulwark ought to be more notional than real. After state-level bureaucrats imposed on our liberties by confining us to our homes, the Centers for Disease Control and Prevention (CDC) imposed further by forbidding landlords from […]
Dying Alone
March 26, 2025
The government’s authoritative response to Covid proved particularly devastating for Americans nearing the end of their lives and those whose loved ones were dying or died during the Covid years. As the authors of The Legal and Ethical Dimensions of Hospital Visitation Bans in the COVID-19 Era noted, “[t]he scope and intensity of these visitation […]
COVID Closure of Churches
March 26, 2025
Forced closure of houses of worship during the Covid pandemic demonstrated how far-reaching administrative edicts could be. In the early weeks of the pandemic, amidst uncertainty about the virus, most Americans were willing to adjust their normal behavior out of an abundance of caution in the face of a virus with an unknown lethality. They […]
Buy/No Buy
March 26, 2025
They say stress reveals a person’s weaknesses in a way few other things can. The same goes for institutions, as they are nothing but collections of individuals. Covid’s stress on one of these institutions—the Administrative State—shattered the carefully crafted illusion that bureaucrats have access to a wisdom unavailable to the rest of us. The ground […]