As the American people hunker down under a patchwork of evolving emergency orders and health directives, our communities are grappling with extraordinary circumstances disrupting and reorienting our lives and the economy. To flatten the curve of community spread during the increasingly deadly COVID-19 pandemic, Governor Cuomo has placed New York on PAUSE; Health officials have issued stay-at-home and social distancing directives; schools, playgrounds, and non-essential facilities are closed. Further restrictions may be imposed. The duration uncertain.
But when it comes to the fate of civil rights during states of emergency, historically the paradigm is less uncertain—there is an irresistible tendency across the globe for authorities to suspend the normal order in the name of imminent, amorphous threats of unknown duration, leading to the incremental curtailment of freedoms that we take for granted (like unfettered travel, transportation, assembly, and enterprise to name a few). The new normal makes prioritization of due process seem quaint, but it is even more critical when the exigencies of the moment impose security measures that inadvertently raise old voter-access hurdles to new, perhaps insurmountable heights.
In this case we can dispense with skepticism over the emergency itself. The pandemic is most certainly real. But already, COVID-19 has scrambled our democratic process. The Democratic National Committee has postponed its convention as 15 states are postponing 2020 primaries and some are adjusting voting policies so residents aren’t forced to choose between safety and casting a ballot. That’s the goal.