Race Day Live Missouri Attorney General Andrew Bailey’s lawsuit against China over alleged hoarding of personal protective equipment (PPE) during the COVID-19 pandemic is heading to federal court.
While the lawsuit claims China’s actions worsened the United States’ pandemic response, Bailey’s own public statements on masks present a stark contradiction.
He has previously declared that masks “didn’t work,” but his legal arguments emphasize the critical role PPE, including masks, played in combating the virus.
The case, originally filed in 2020 by then-Attorney General Eric Schmitt, accuses China of withholding essential medical supplies, including N95 masks, gloves, and other PPE, during the early stages of the pandemic.
According to court documents, this alleged hoarding disrupted Missouri’s ability to protect healthcare workers and mitigate the virus’s spread. However, Bailey’s social media posts in 2023 dismissed the effectiveness of masks, raising questions about the consistency of his stance.
Missouri has been at the center of heated debates over mask mandates and pandemic protocols. Republican leaders like former Governor Mike Parson resisted statewide mandates, leaving local officials to enforce their own rules.
Nearly 23,000 Missourians died from COVID-19, and more than 1.7 million cases were reported by March 2023.
During this time, the Missouri Attorney General’s Office, under Schmitt, launched multiple lawsuits against local governments and school districts over mask mandates, labeling them ineffective.
As the trial approaches, critics point to the inconsistency between Bailey’s public dismissal of masks and his office’s claims in court.
Medical experts like Dr. Amesh Adalja from the Johns Hopkins Center for Health Security stress that masks have always been an effective tool in preventing the spread of infectious diseases, including flu and tuberculosis.
The legal focus on PPE hoarding aligns with scientific consensus, even as political rhetoric around masks remains divisive.
The upcoming trial will take place in Cape Girardeau, Missouri, under U.S. District Court Judge Stephen N. Limbaugh, Jr. The case originally included broader allegations against China, such as claims of covering up the virus’s origins, but those were dismissed.
The remaining focus is on whether China’s alleged hoarding of PPE caused significant economic harm to Missouri. The state’s case relies on a report estimating up to $33 billion in lost tax revenue and over $500 billion in broader economic damage.
Despite the lawsuit’s potential for a large payout, it remains unclear how Missouri could enforce a judgment against China.
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Legal experts, like former Missouri Assistant Attorney General Chuck Hatfield, have expressed skepticism about the state’s ability to collect damages, given international treaties and the absence of Chinese participation in the lawsuit.
For critics, the trial underscores political posturing rather than genuine accountability. Some lawmakers argue that the state should focus on addressing present-day challenges instead of revisiting pandemic-era debates.
Rex Archer, Kansas City’s former health department director, hopes the trial’s emphasis on the importance of PPE will remind officials to prepare for future health crises, such as emerging threats like bird flu.
As the trial begins, Bailey has positioned himself as a leader in holding China accountable for pandemic-related harms. However, the contrasting narratives around masks and PPE could overshadow the legal proceedings.
The case not only highlights the global implications of COVID-19 but also serves as a reflection of Missouri’s deeply polarized response to the pandemic.
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