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<\/a>Just before I was interviewed today on Fox about ongoing challenges to shutdown orders,\u00a0Admiral Brett Giroir was interviewed<\/a>\u00a0and gave what must have been welcomed views on the science behind pandemic orders. A hearing is scheduled tomorrow in one of the challenges by businesses in California to the lockdown ordered by Governor Gavin Newsom.\u00a0 Giroir however stated that there was no evidence or science supporting the type of categorical lockdown in states like California, particularly bans on outdoor dining. The statement presents a potential conflict with Dr. Anthony Fauci. It certainly contradicts the common narrative in the media and the recent election.<\/span>\u00a0Giroir is a widely respected public health expert who has reenforced a calm and science-based approach to the White House Coronavirus Task Force.<\/p>\nAs I discussed, courts have been applying greater scrutiny to these pandemic orders. The initial deference afforded to pandemic order tends to wane with time. The first such shift came predictably with\u00a0challenges based on the contravention of constitutional rights, particularly the free exercise of religion under the First Amendment<\/a>. Such challenges have the advantage of the higher standard of strict scrutiny.<\/p>\n Now, however, there are renewed challenges for businesses under the lower standard of the rational basis test. This is due to the contradiction of some orders with known science or data on transmission rates and sources. For example, through the election, Democrats suggested that President Donald Trump was effectively\u00a0trying to kill children by pushing to reopen schools<\/a>, including Washington Post columnist\u00a0Jennifer Rubin.<\/a>\u00a0Rubin has\u00a0previously shown a disregard of the factual foundation for her allegations<\/a>. Yet, Democrats have maintained until recently that schools must be closed due to the high risk of transmission despite growing scientific evidence to the contrary. \u00a0Ads running before the election cited Dr. Fauci in saying that opening schools was putting the lives of children at risk for political reasons:<\/p>\n