With a key set of reforms limiting how local and state officials can respond to COVID-19 struck down in court last week, county health officers in Kansas regained a set of tools at a critical juncture, as the delta variant has seen case counts jump in recent days. Whether any counties will use their ability to issue health orders, limiting gathering sizes and imposing other mitigation requirements remains to be seen, however, as the political realities of the virus remain unchanged. Johnson County District Court Judge David Hauber opened the door last week when he ruled Senate Bill 40, the sweeping set of changes to the state’s emergency management law approved earlier this year by legislators, to be unconstitutional.