That judgment should go through a legislative process. That's not happening in the new rule by decree authoritarian government we have, and that is my main issue surrounding this whole issue. We have mayors, governors and a president simply dictating sweeping policies which have a huge impact on social and economic issues without any due process or legislation. Just rule by decree.
That's how it works. Again, it's a representative democracy. Centuries of case law have given the representatives certain powers to employ when public health issues arise. They don't go to a referendum for this stuff.
The fact that it's a novel pathogen, not smallpox, cholera or polio etc. does not change their powers granted through the legislative process.