Since when did the CDC become a lawmaking body? These are not laws, which must be created by a legislature.
The states should start challenging this. For one thing, all these edicts interfere with interstate commerce. They way exceed the powers of the federal government to regulate the states.
Last week the Feds told Florida to shut down its restaurants and bars and DeSantis just said No. We can’t afford to kill our businesses again.
No one is using common sense coupled with a passing knowledge of the Constitution.
The Public Health departments, from Federal to local, have a mandate to protect public health by regulating places of accommodation through operational permits and regulations that were promulgated by legislation.
Any changes to the requirements of those permits or compliance to the regulations must be approved by the legislature.
Emergency orders, are by their very definition, orders that will dissolve at the end of the emergency, else they become de-facto legislative regulations.
The LEGISLATURE can determine the end of the emergency and cause emergency orders to end.
Health departments are tasked (mandated) with protecting the public health. The ONLY avenue they have is through places of public accommodation.
They cannot create orders regulating the property of individual citizens else they violate the 1st Amendment. In the case of masks, it establishes a “dress code” for public places and establishes that code as a prior requirement for any appearance upon public lands (right to gather).
The Health Department CAN require employees serving the public to follow the rules. This is within their authority of protecting employees from contracting the disease. What CANNOT be promulgated is that the public wear masks within a business to protect the customer from contracting the disease. That is solely the authority of the business.
If the Health department takes it upon themselves to protect the health of private citizens in or on private property, then their only legal avenue is a complete shut-down of that private property (business) until such time it is safe to re-open.
The orders cannot discriminate between businesses (17th Amendment) by allowing certain stores to remain open while other, equally viable, businesses are closed.
Remember, The Constitution was written for We The People. You don’t need a law degree to figure out and apply the Constitution.