I think there are a few rubs here:
- elected versus unelected making the decision
- decision is or isn’t IAW state constitution and US Consititution
- emergency powers overreach, or against precedent
#2 above is particularly unaddressed. One state threatened to rescind a hairdresser’s operating license and fine her hundreds of dollars if she cut her own kid’s hair in her own house. That is f*cking nuts and not supported by any law or the Constitution. Imagine if some “authority” tried to tell the hairdresser she wasn’t allowed to cut her spouse’s hair in their own private bedroom during a sex game. Think about it.