State Rep. Mike Henderson (R-St. Francois County) believes the Missouri Supreme Court’s decision to uphold the health department’s ability to impose health restrictions on citizens and businesses will be helpful in the event there is another pandemic.
“If you look at the law the legislature approved, we didn't take that right away if it was necessary,” he said. “We made it to where one person cannot do that. In other words, in my town, the mayor itself can't say we're shutting everything down and everybody has to wear masks but the council, as a whole, can do that.”
In a unanimous 6-0 decision, the state’s highest court vacated and remanded the Sept. 2022 ruling in Shannon Robinson v. Missouri Department of Health and Senior Services, et al, which St. Louis and Jackson County appealed.
The case will now be remanded back to the Circuit Court in Cole County.
“I don't think one person should have that power or that authority to make that decision,” Henderson told the St. Louis Record. “The current law is if we end up in that situation again, there could be a group that takes the steps necessary. One person can't but at the same time, we've got to make sure it is a true pandemic situation.”
But not all conservatives agree with the decision.
“We hope the judge will rule in favor of the people, but we aren’t holding our breath,” said Byron Keelin, president of Freedom Principle MO. “We believe local county health officials like those in St. Louis County and St. Louis City abused their authority in implementing draconian lockdown and mask orders. These orders were not based on science, they were based on politicians getting high on their power.”
Members of Freedom Principle MO, a Missouri-first 501(c)3, fear the decision gives local health departments carte blanche to abuse their discretion.
“We are disappointed by the Missouri Supreme Court’s decision,” Keelin said. “This is why we need to pass a Constitutional Amendment to give Missourians the right to informed consent and take power out of the government’s hands and let people decide.”
Henderson's support of the health department's authority stops with vaccine mandates.
"I do not think the government can come in and be able to tell people that you are mandated to take a vaccine and especially one that was not tested like it was last time," he added. "I do believe that individuals should be able to make those decisions and I do not believe in every man having to get vaccinated. I think that's beyond government authority to tell people what they have to put in their body. I don't think they should ever be able to do that."