Enlarge / Eric Schmitt, Missouri Attorney General. (credit: Getty | Bloomberg)
Missouri has been one of the hardest-hit states so far in these early days of a delta-fueled COVID-19 surge. Cases increased nearly 500 percent since the start of July, while vaccinations stalled. Right now, with just 41 percent of the state fully vaccinated, 112 of the state’s 114 counties have high or substantial levels of coronavirus spread. Hospitalizations are up statewide, and some facilities have already run out of ventilators and seen intensive care units hit maximum capacity. Deaths are also increasing, with more than 300 people losing their lives since July 1. And the proportion of COVID-19 tests coming back positive is still rising, suggesting that things will likely only get worse in the weeks to come.
By nearly every metric, this entirely preventable surge is tragic. Yet, it hasn’t stopped the Show Me State’s Republican attorney general, Eric Schmitt, from waging war on local health restrictions aimed at trying to curb transmission. On Monday, Schmitt filed a lawsuit to stop St. Louis County and St. Louis City from enforcing mask mandates for fully vaccinated people and children, which took effect that day.
The timing of the lawsuit is awkward. It partly rests on now-outdated guidance from the Centers for Disease Control and Prevention that fully vaccinated people didn’t need to wear masks in most indoor settings. “The Mask Mandates are arbitrary and capricious because they require vaccinated individuals to wear masks, despite the CDC guidance that this is not necessary,” the lawsuit claims. The rest of the lawsuit didn’t argue that masks were ineffective at curbing transmission but rather claimed that they were unnecessary for children—despite that they are largely ineligible for vaccinations—and that requiring them is “unconstitutional.” Otherwise, the lawsuit nitpicked language of the mandates, such as alleging that they didn’t define the word “dwelling.”
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