Author Archives: Dana Pico

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Wir müssen Ihre Dokumente sehen!

In the land of sheeple, those who willingly comply with “Ve need to see your papers!” show their lack of courage. From The Philadelphia Inquirer:

The “need to show your papers vaccination card” only exists if you willingly comply with it! Hundreds, thousands, millions did, when the Nazis overran Europe.

We like to think that the conquered people at least resisted, and didn’t like, being told “Wir müssen Ihre Dokumente sehen!“, but, seeing how the sheeple in the United States are bending the knee to tyrants, I’m not so sure. We’ve already seen how feminist Amanda Marcotte wants, desperately wants, to have to show her papers vaccination card to get into her spin class, so we know that she’s willing to knuckle under to tyranny.

I’ve quoted enough for you to get the gist: the Inquirer story is tells you what to do if you’ve gotten your vaccination card laminated and you then need to document your booster shot. Not one word is written about the obtrusiveness and invasion of your privacy about having to carry and show the damned thing to get into restaurants and the like.

And if you don’t think that the State has been keeping track of you, think again!

    People vaccinated in the rest of the state can contact the Pennsylvania Statewide Immunization Information System (PA-SIIS) to get their full vaccination record (again, not a vaccine card replacement, but still proof that you have been vaccinated). Operated by the state health department, PA-SIIS is an immunization registry system that collects and organizes vaccine information.

Now we have the ignominy of Jeff Bezos selling handy three-packs of Badge Card Holder 4 X 3 Inches Id Cards Holder Working Card Protector Clear Vinyl Plastic Sleeve with Waterproof Type Resealable Zip (3 Pack), which you can wear around your neck like a good little sheep, and somehow, some way, no one sees anything wrong with this.

I’m sure if the government could figure out how to make the unvaccinated wear six-pointed yellow stars prominent identification badges, the Democrats would require such. But, since it’s proof of vaccination, not unvaccination, the identification cards would have to be issued to and worn by the vaccinated, and they might not like that.

Perhaps a laminated, picture identification to be worn on your shirt, like an employee ID badge. It could even have four spaces, in which a special mark could be placed, indicating how many doses of the vaccine you have had. After all, booster shots down the line will be pushed.

Heck, with that kind of system, we could mandate those badges for everyone, and the marks would tell us who hasn’t had even a single shot. They could be used for everything in society.

Except voting, of course; that would be wrong.

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Lies, damned lies, and statistics If you have a good case to make, getting caught using skewed statistics doesn't help you make it

There it was, on the left hand side of the Lexington Herald-Leader’s website main page, a story about ‘breakthrough’ COVID-19 cases, which naturally got my attention.

    Fayette County vaccination rates inch up but so do breakthrough COVID cases

    By Beth Musgrave | August 24, 2021 | 5:52 PM

    Lexington’s vaccination rate for those over 18 has hit 70 percent as COVID breakthrough infections — typically far less serious — have increased in those immunized, health and city officials said Tuesday.

    Although 70 percent of those over 18 have been immunized, the overall vaccination rate, which includes those 12 to 17, is about 58.7 percent, according to U.S. Centers for Disease Control and Prevention data as of Sunday.

OK, here’s the first statistical problem: the vaccines were not approved for use in patients 12 to 15 years of age until May 10, 2021, so of course the vaccination rate for minors is going to be lower . . . but the Herald-Leader doesn’t tell us that. The vaccines have still not been approved for use in patients under 12, though that is expected soon.

    The city also hit another more grim milestone this week — the number of coronavirus cases in Fayette County has now topped 40,000. In the past four weeks, the city has had more than 4,000 reported cases, with 486 of those new cases from Saturday through Monday, say city and health leaders who held a press conference Tuesday on COVID issues.

    Approximately 28 percent of all August cases have been in fully vaccinated people, according to health department data.

    “But that’s also because more people are getting vaccinated,” said health department spokesman Kevin Hall.

    Still, vaccinated people are much less likely to be hospitalized, Fayette County Health Department data shows.

    Since February, 88 percent of people hospitalized locally have been unvaccinated or only received a single dose of the vaccine. Of the 94 Lexington residents who are currently hospitalized, 79 percent are unvaccinated, Hall said.

And here we go again: “Since February, 88 percent of people hospitalized locally have been unvaccinated or only received a single dose of the vaccine.” The vaccines were not even available to people under 70, who were not health care workers, until March, and even then, supply shortages meant that people under 70 could not get the vaccines in March. Nor does this account for children under 12, who have never been approved for vaccination; including children under 12 further skews the statistics.

More, even the people who were able to receive their first dose in early March — I was not able to get my first dose until April Fool’s Day, due to shortages of the vaccine — could not have gotten the second dose until early April, and would not have been considered fully vaccinated, meaning 14 days after the second dose, until mid-April. Thus, any statistic like the one given us above, using percentages from before almost anyone could have received both doses, is going to be seriously skewed. We’ve noted this previously, when Governor Andy Beshear (D-KY) and state Health Commissioner Steven Stack released a wholly misleading graphic on Twitter. I do not disagree with the Governor that people should get vaccinated; I just see these tweets as wholly dishonest. Of course, I see the Governor as totally dishonest on just about everything.

If the case for vaccination is a good one, and I believe it is, why do public officials use skewed, obviously skewed, data to try to make their case? When you are trying to sell people on something — and trying to persuade people to do something they’ve previously been reluctant to do definitely qualifies as selling — getting caught using misleading information sure doesn’t help your case.

Would you buy a used car from Andy Beshear?

Beth Musgrave, from her Herald-Leader biography.

I have previously stated that the Herald-Leader employs journolism[1]The spelling ‘journolist’ comes from JournoList, an email list of 400 influential and politically liberal journalists, the exposure of which called into question their objectivity. I use the term … Continue reading as much as journalism, and this is another example of it. According to her Herald-Leader biography blurb, Beth Musgrave, the article author,

    has covered government and politics for the Herald-Leader for more than a decade. A graduate of Northwestern University, she has worked as a reporter in Kentucky, Indiana, Mississippi, Illinois and Washington D.C.

If she has covered government and politics for over ten years, I have no doubt that she’s at least reasonably intelligent, and ought to be able to spot the bovine feces which comes from the mouths of government officials. She should not have missed how misleading the statistics presented were, and if she managed to miss it, Peter Baniak, the newspaper’s editor, should have caught it.

I understand: it is the Herald-Leader’s editorial policy to push vaccination and mask mandates, and I absolutely support people choosing to take the vaccine. More, the newspaper is, like medium sized newspapers everywhere, on shaky financial footing. But it takes little energy and few dollars to ask the questions which get statistics which are not biased, not misleading, and this the Herald-Leader does not do.

References

References
↑1 The spelling ‘journolist’ comes from JournoList, an email list of 400 influential and politically liberal journalists, the exposure of which called into question their objectivity. I use the term ‘journolism’ frequently when writing about media bias.
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Does Lexington Herald-Leader columnist Linda Blackford actually read the Lexington Herald-Leader?

We get it: Lexington Herald-Leader columnist really, really, really doesn’t like Republicans. Given the newspaper’s record of political endorsements, and how out-of-touch they have been with Kentucky’s voters, Mrs Blackford’s political opinions are not exactly a surprise. Still, I would have thought that she’d read her own newspaper. After all, it isn’t even that big anymore! Continue reading →

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It ain’t just them Southern rednecks protesting against #VaccineMandates

I have heard these stories anecdotally, and seen smaller versions of them in the Lexington Herald-Leader, which isn’t exactly a major newspaper. But now even The New York Times is reporting on the story:

    A Hospital Finds an Unlikely Group Opposing Vaccination: Its Workers

    When a Staten Island hospital implemented a vaccine or testing mandate, some of its staff staged angry protests.

    By Kimiko de Freytas-Tamura | August 22, 2021

    Their movement started discreetly, just a handful of people communicating on encrypted apps like WhatsApp and Signal. But in just days it had ballooned tenfold. And within two weeks, it had turned into a full-blown public protest, with people waving picket signs to denounce efforts to push them to receive coronavirus vaccines.

    But these were not just any vaccine resisters. They were nurses, medical technicians, infection control officers and other staff who work at a hospital on Staten Island, which has the highest rate of Covid-19 infection of any borough in New York City.

There’s much more at the Times original,[1]To get around the Times’ paywall, you can also read it here. but I want to point out the most important part: the resisters aren’t just cafeteria workers and custodial staff, the lower-paid people in the hospital and those with little or no medical training. They included “nurses, medical technicians, (and) infection control officers,” people who have degrees, a lot of training, and medical knowledge.

Employees at Staten Island University Hospital who are opposed to mandatory vaccination and testing protested last week. Credit…Yana Paskova for The New York Times. Click to enlarge.

I included the photo to the right, from the Times, something I normally do not do, due to copyright concerns, but this one falls under Fair Use standards. Note that the protesters aren’t the stereotype rednecks the left would have you believe. And while it’s very difficult to read in the photo, the name badge of the gentleman in blue scrubs, holding the “I stand for medical freedom!!” sign, appears to have RN, or registered nurse, in the red band on the bottom of his hospital name badge.

    Scientists and medical professionals point out that those who refuse vaccines are potentially endangering the lives of patients. “Vaccinations are critical to protect our patients, our staff and protect the general community,” said Dr. Mark Jarrett, chief medical officer at Northwell Health, which is the state’s largest health care provider and runs Staten Island University Hospital. “It’s a tough issue, but it’s our professional obligation to always maintain that whatever we do, it’s for the safety of our patients.”

    He said he is hopeful that imminent federal approval of the Pfizer vaccine will persuade some of the unvaccinated to get shots.

    As the Delta variant, the highly transmissible version of the coronavirus that now makes up almost all new cases in the United States, drives a surge throughout the country, public health officials are struggling to boost vaccination rates among frontline medical workers. Among the nation’s 50 largest hospitals, one in three workers who had direct contact with patients had not received a single dose of a vaccine as of late May, according to an analysis of data collected by the U.S. Department of Health.

    The Staten Island protests started last Monday when Northwell Health began requiring unvaccinated staff to get weekly coronavirus tests by nasal swab or risk losing their jobs. On the same day, Gov. Andrew M. Cuomo announced that all health care workers across the state would be required to have at least one dose of the vaccine by Sept. 27, with limited exceptions for those with religious or medical exemptions.

So, a third of (hospital?) workers who have direct patient contact hadn’t received a dose of the vaccine by late May? Remember: the vaccines were first made available to health care workers, so it’s not as though their opportunities were as limited as those of the general population.[2]For me, even though I was technically eligible at the beginning of March, the vaccine wasn’t actually available to me until April Fool’s Day, due to shortages. But, as we noted here, the Times itself reported, just three days ago, that ‘Nursing Is in Crisis’: Staff Shortages Put Patients at Risk: “When hospitals are understaffed, people die,” one expert warned as the U.S. health systems reach a breaking point in the face of the Delta variant. While I assume that that one-third ratio has declined some, it must still be fairly high, or the left wouldn’t be trying to force people to get vaccinated.

It has to be remembered: in a time where the supply of workers is low vis a vis the demand for them, workers have the power. When it comes to registered nurses, licensed practical nurses, certified nursing assistants, and medical technicians, even if they are not formally unionized, they have the primary strength of a union, that being the restriction on the supply of available workers. With hospitals and nursing homes experiencing a serious shortage of such personnel, every one that a hospital discharges for not getting the vaccine creates a difficult-to-fill position. The Times reported, on a small health care system:

    Nearly 30 percent of Singing River’s 500 beds are empty. With 169 unfilled nursing positions, administrators must keep the beds empty.

I’m waiting on the credentialed media to start telling us about the shortages of nurses and other personnel from the decisions to mandate the vaccine.

The Philadelphia Inquirer, on the other hand, is all about pushing vaccine mandates:

    Facing new vaccine mandates, more Philly-area residents are agreeing to COVID-19 shots

    COVID-19 vaccine mandates and requirements are here, and more are likely coming. Early evidence indicates they’re effective in reaching those reluctant to get a shot.

    by Jason Laughlin and Marie McCullough | Updated: August 23, 2021

    A growing number of people trickling into Philadelphia-area vaccine clinics this month very much don’t want to be there.

    What cut through reluctance, anxiety, or the cacophony of misinformation on social media, they said, and got them to roll up their sleeves, were the restrictions and mandates that are becoming increasingly common in the city and across the nation.

    “Basically I got boxed in a corner, I guess,” said Kittrell Norman, 33, who has side jobs that now require vaccination. “Until this started messing with my money no one could tell me any different.”

    The Pfizer vaccine’s winning full approval from the Food and Drug Administration on Monday is likely to make vaccine requirements and mandates even more common.

    This is a new phase of vaccination: Get tough.

    Restaurants, cruise lines, colleges, and a growing number of employers — hospitals, municipal governments, Amtrak, Citigroup — are telling workers and customers to prove they’ve been vaccinated or go elsewhere.

There’s more at the original, but if you read it, you might notice what I did: the mandates are working on people like Mr Norman, because he doesn’t have the kind of positions in which he can take the job loss, and, to be blunt about it, he can be more easily replaced than a registered nurse.

There are good reasons to get vaccinated, but I have to wonder: just how much are the left stiffening resistance by their mantra that You Must Comply?

References

References
↑1 To get around the Times’ paywall, you can also read it here.
↑2 For me, even though I was technically eligible at the beginning of March, the vaccine wasn’t actually available to me until April Fool’s Day, due to shortages.
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Haven’t the editors of The Philadelphia Inquirer noticed the numbers? Homicides and shootings in the city have dropped significantly

We have previously noted the recent decrease in the number of homicides in the City of Brotherly Love. We noted, on July 9th, that there had been 291 killings as of 11:59 PM on July 8th. 291 ÷ 189 days in the year, = 1.5397 homicides per day, for a projected 562 for the year. If I recall correctly, that 562 number was my highest projection for the year.

But then, as of the 221st day of the year, 325 homicides had been recorded. 325 ÷ 221 days in the year, = 1.4706 homicides per day, for a projected 537 for the year. That number stayed fairly consistent, as a week later, with ‘just’ 339 homicides in 228 days, Philadelphia was seeing ‘only’ 1.4868 homicides per day, which works out to ‘just’ 543 over the course of 2021.

As of 11:59 PM on Sunday, August 22nd, the Philadelphia Police Department reported that there had been 345 homicides in the city. 345 ÷ 234 days = 1.4744 per day, or 538 projected for the year. The big news is that, over the past 31 days, a full month, if not a calendar month, there have been ‘just’ 31 homicides, ‘just’ 1.00 per day. With 131 days remaining in 2021, if that rate could be maintained, there would be ‘only’ 476 killings in Philly for the year. If The Philadelphia Inquirer has noticed that decrease, I haven’t seen it mentioned. It certainly doesn’t seem as though their Editorial Board has noticed.

    In Philly, someone has been shot every day since Jan. 2 as multiple crises plague the city

    January 2nd was the only day in 2021 in which no person was shot in Philadelphia.

    by The Editorial Board | August 23, 2021

    If you’re looking for ways to quantify the depths of the gun violence crisis in Philadelphia, there may not be many bleaker statistics than this: There’s only been one day so far this year — Jan. 2 — when not a single person was shot in the city.

    Since then, nearly 1,500 people have been shot in Philadelphia, including 295 fatalities. At least 50 other people were murdered by an assailant who used a weapon other than a gun.

    Gun violence drives Philadelphia’s murder rate, which is on pace for a record this year, but it’s essential that the city also address three other factors if officials hope to stem a seemingly unrelenting tide of killings — increasing the rate at which murders are solved, fostering more cooperation from witnesses in criminal prosecutions, and rooting out corrupt officers whose bad practices later lead to convictions being overturned.

    In Philadelphia, murderers have a better chance of winning a coin toss than being arrested. Last Wednesday, during the most recent briefing on the city’s response to gun violence, the police presented data showing that through Aug. 15, only 43% of homicides this year led to an arrest. That homicide clearance rate, or the percentage of killings that lead to an arrest, is on par with recent years.

Am I wrong in thinking that the Editorial Board ought to be noting that fewer people are being killed?

But it’s not just that fewer people are being killed. According to data provided by the city, there were 272 shootings during the 31 days of July, and ‘only’ 145 through the first 22 days of August. If that rate of 6.59 shootings per day holds up for the rest of the month, there would be 204 total shootings in August, a 33.33% decrease.

There’s more at the original, but, if you remember when publisher Elizabeth Hughes said she was going to make the Inquirer “an anti-racist news organization“, you won’t be surprised that the Editorial Board turned quickly to a Larry Krasneresque condemnation of the Philadelphia Police Department, noting Mr Krasner’s ongoing attempts to overturn what they claim are false convictions.

    These exonerations, as well as recent reporting by The Inquirer, have shed light on the coercive and illegal tactics detectives used to get false confessions. This month, Krasner charged three former homicide detectives for lying in the 2016 retrial of Anthony Wright, whose murder conviction was vacated due to DNA evidence.

    Also this month, Krasner asked a judge to hold the Philadelphia Police Department in contempt for failing to turnover police misconduct records.

    Philadelphia’s twin crises of gun violence and homicides are multilayered and intertwined. To reduce the number of unsolved murders in the city, the homicide clearance rate needs to go up. For the homicide clearance rate to go up, witnesses need to have faith that the system is actually seeking justice — not simply trying to improve its statistics by throwing another person in prison.

I’m trying to figure out how the Editorial Board are trying to give witnesses “faith that the system is actually seeking justice” by continually slamming the performance of the Police Department, and so far, I’ve got nothing. When the Board say that the Police Department needs to be “rooting out corrupt officers,” the impression the #woke at the Inquirer are giving — and, I suspect, trying to give — is that most of the city police officers are corrupt.

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The unintended consequence of #MaskMandates: schools can’t find enough bus drivers

I have previously noted, on Twitter, how Fayette County is having real problems with manning school buses:

Well, it looks like I haven’t been the only one noticing that!

Bus driver shortages are latest challenge hitting US schools

By Amy Beth Hamson and Lindsay Whitehurst | August 22, 2021

HELENA, Mont. (AP) — A Montana school district is dangling $4,000 bonuses and inviting people to test drive big yellow school buses in hopes of enticing them to take a job that schools are struggling to fill as kids return to in-person classes.

A Delaware school district offered to pay parents $700 to take care of their own transportation, and a Pittsburgh district delayed the start of classes and said hundreds more children would have to walk to school. Schools across the U.S. are offering hiring bonuses, providing the training needed to get a commercial driver’s license and increasing hourly pay to attract more drivers.

The shortage of bus drivers is complicating the start of a school year already besieged by the highly contagious delta variant of COVID-19, contentious disagreement over masking requirements, and the challenge of catching up on educational ground lost as the pandemic raged last year.

The Lexington Herald-Leader story I had linked with my tweet noted the shortage of drivers, and that “several” had called out sick the previous week, which was the first week of school, made no mention at all of the mask mandate imposed by the Fayette County public schools. I had previously noted the problem, and pointed out, “Neither story says, of course, that the mask mandate ordered by Governor Andy Beshear (D-KY) might be having an impact, but it’s an obvious question: would you want to be a bus driver and face possibly being accosted by angry students and their parents over such. Given the very liberal unemployment eligibility and the government paying people not to work, why sign up to take such abuse?”

Of course, given that the Herald-Leader Editorial Board supported Mr Beshear on his mask mandate, it’s not likely that one of the newspaper’s reporters would mention the mandate as part of the problem. As we have pointed out previously, the newspaper’s Editorial Board aren’t exactly in tune with the voters in the Commonwealth.

Now, what I have guessed to be true has been reported by the credentialed media. The Associated Press report noted that:

In Helena, the company (First Student) has 50 bus drivers and needs 21 more before classes start on Aug. 30, a shortfall (Dan) Redford called unprecedented.

Attendance ended up being light at Helena’s event, but similar demos, like one held recently in Seattle, led to more applications.

The delta variant also drove the U.S. Centers for Disease Control and Prevention to recommend universal mask wearing in schools, especially for children too young to be vaccinated. But in many areas, there’s a wave of fierce anti-mask protest.

First Student lost some Helena drivers to mask requirements on buses, Redford said.

The left will howl that such potential drivers are selfish in not wanting to wear face masks, but it is what it is: not everyone in the United States agrees with the #MaskMandates, and it isn’t as though we are seeing the left rushing in to fill the bus driver vacancies.

We have already noted how #VaccineMandates are contributing to a shortage of health care personnel. Now, Axios has noted that the ‘pandemic’ and the responses to it have led to a significant shortage of teachers as well.

It seems that some people just will not comply with authoritarian dictates!

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Lies, damned lies, and statistics

Why does Governor Andy Beshear (D-KY) have to lie to us? This is what he tweeted yesterday, after the state Supreme Court slapped him down:

The image to the left is not the tweet itself, but a screen capture, in case the Governor or his staff delete it. You can click either this link or the picture itself to see the original on Twitter.

Note the comparison dates: March 1 through August 18, 2021. The problem is that, other than for health care workers and people over 70, the vaccines were not available. Virtually every person hospitalized with COVID-19 problems was unvaccinated because they didn’t have the chance to get vaccinated.

The vaccine is a two shot series, with the Pfizer booster dose recommended 21 days after the first, and Moderna 28 days after the first. If the vaccine first became available to you on Monday, March 1, 2021, and you got the booster shot on Monday, March 29th, since you are not considered ‘fully vaccinated’ until 14 days after the second shot, you wouldn’t be considered fully vaccinated until Monday, April 12th!

Of course, the Governor was simply retweeting one by Dr Steven Stack, who is Kentucky’s Commissioner for Public Health. Are we supposed to believe that Dr Stack didn’t know those facts, that Dr Stack did not understand that by using statistics from prior to Kentuckians being able to get the vaccines, he was skewing the numbers?

Me? In a small, eastern Kentucky county, I wasn’t able to get the first dose until April Fool’s Day. Instead of 28 days later, I couldn’t get the second dose until Cinco de Mayo, because of whatever problems the county Health Department was having. That meant I wasn’t considered fully vaccinated until May 19th, which just happened to be our 42nd wedding anniversary, so at least those dates make it easy for me to remember.

Now, I do not disagree with the Governor that people should get vaccinated; I just see his tweet as wholly dishonest. Then again, I see the Governor as totally dishonest on just about everything.

As Governor Beshear and Dr Stack continue their efforts to persuade more Kentuckians to get vaccinated, perhaps they ought to consider that using rigged statistics does not help their cause, save among those not observant enough or smart enough to spot what they did. But, then again, that says someting as well: it tells us just what those two fine gentlemen think of Kentuckians.

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#VaccineMandates, unintended consequences, and the power of persuasion

We have previously noted that the vaccine mandate by Philadelphia’s Acting Commissioner for Health Cheryl Bettigole would have the unintended consequence of exacerbating the already short staffing of health care facilities. Now comes The New York Times:

    ‘Nursing Is in Crisis’: Staff Shortages Put Patients at Risk

    “When hospitals are understaffed, people die,” one expert warned as the U.S. health systems reach a breaking point in the face of the Delta variant.

    by Andrew Jacobs | August 21, 2021

    Cyndy O’Brien, an emergency room nurse at Ocean Springs Hospital on the Gulf Coast of Mississippi, could not believe her eyes as she arrived for work. There were people sprawled out in their cars gasping for air as three ambulances with gravely ill patients idled in the parking lot. Just inside the front doors, a crush of anxious people jostled to get the attention of an overwhelmed triage nurse.

    “It’s like a war zone,” said Ms. O’Brien, who is the patient care coordinator at Singing River, a small health system near the Alabama border that includes Ocean Springs. “We are just barraged with patients and have nowhere to put them.”

    The bottleneck, however, has little to do with a lack of space. Nearly 30 percent of Singing River’s 500 beds are empty. With 169 unfilled nursing positions, administrators must keep the beds empty.

    Nursing shortages have long vexed hospitals. But in the year and a half since its ferocious debut in the United States, the coronavirus pandemic has stretched the nation’s nurses as never before, testing their skills and stamina as desperately ill patients with a poorly understood malady flooded emergency rooms. They remained steadfast amid a calamitous shortage of personal protective equipment; spurred by a sense of duty, they flocked from across the country to the newest hot zones, sometimes working as volunteers. More than 1,200 of them have died from the virus.

    Now, as the highly contagious Delta variant pummels the United States, bedside nurses, the workhorse of a well-oiled hospital, are depleted and traumatized, their ranks thinned by early retirements or career shifts that traded the emergency room for less stressful nursing jobs at schools, summer camps and private doctor’s offices.

    “We’re exhausted, both physically and emotionally,” Ms. O’Brien said, choking back tears.

There’s a lot more at the original. For those who do not have a subscription to the Times, you can read it here for free.

The Times article notes that there are a huge number of hospitals which are very short staffed, but one point it ignores is the fact that the #VaccineMandates of do-gooders like Dr Bettigole and President Biden — whose #VaccineMandate applies only to nursing homes, not hospitals, can only reduce the number of registered nurses and certified nursing assistants available. It doesn’t matter what you think of their intentions; the consequences of their decisions can be very different from what they envision.

The Philadelphia Inquirer has an article from a week ago, which is still on their website’s main page, about hos the health care profession is trying to persuade, rather than force, people who have been resistant, to get vaccinated:

    Some people’s minds are changing about the coronavirus vaccine. Here’s how doctors persuade them.

    Deeply personal reasons are often why people who are initially reluctant decide to get vaccinated, said several physicians and vaccine providers.

    by Erin McCarthy | August 16, 2021

    Ritom Bhuyan wasn’t going to get the coronavirus vaccine. But three months ago, the 28-year-old rolled up his sleeve and got immunized.

    What changed his mind? The health of his 65-year-old father, who struggled with COVID-19 for a month after the family all caught the virus. Bhuyan realized he wanted to protect his dad by getting vaccinated.

    “My mom passed at a young age, so my dad’s all I have,” said Bhuyan, of Plymouth Meeting, “so when I saw him get sick with something potentially deadly, that kind of changed my mind.”

    These deeply personal reasons are often why people who are initially reluctant decide to get vaccinated, said several physicians and vaccine providers, and finding those connections may be key to increasing vaccination.

    With the delta variant sparking outbreaks in the country’s undervaccinated communities, causing case counts to rise across the Philadelphia region and prompting renewed masking rules, changing minds — and getting people to finally walk into a clinic and get their shot — has new urgency, they said.

    Doctors recommend patience. Six months into the vaccine rollout, they say, people who haven’t been vaccinated may require some convincing, and open, fact-based, nonjudgmental conversations with those they trust can help.

Nonjudgmental? That’s sure not what the left have been doing! We have noted how so many on the left have obviously never read Dale Carnegie’s book How to Win Friends and Influence People, preferring instead to calling the people they (supposedly) want to persuade “selfish or stupid.”

Some people could sell ice to Eskimos, but some of these guys couldn’t sell ice water in Hell.

It’s a fairly long article, and unlike with the Times, I don’t have a work around for those who are not Inquirer subscribers.[1]Both newspapers allow people a few free articles a month; if you aren’t a subscriber, but haven’t tried to open one of their articles recently, you can probably open the ones I have … Continue reading But it’s an article in which, rather than dripping with contempt and disdain for those who have chosen not to get vaccinated, is one which tries to illustrate that some — certainly not all — people who have been resistant to getting vaccinated can be persuaded.

References

References
↑1 Both newspapers allow people a few free articles a month; if you aren’t a subscriber, but haven’t tried to open one of their articles recently, you can probably open the ones I have referenced. I do pay for subscriptions to both, so if you want to help me pay for that content, click here 🙂 .
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The Kentucky Supreme Court slaps down Governor Andy Beshear But don't get too complacent; it might not be over just yet.

I was surprised, and a bit frustrated, when I heard that the Kentucky Supreme Court finally released its ruling on Governor Andy Beshear’s (D-KY) attempts to have declared invalid several laws passed by the General Assembly, over his vetoes, which restricted his emergency powers. Why frustrated? Because I wanted to write about them earlier, but I had to pick up the family at the airport in Louisville, and I had no computer available to me!

But the ruling? Not frustrated about that at all, save for the inordinate amount of time it took.

    Kentucky Supreme Court: New laws limiting Beshear’s emergency powers are valid

    By Jack Brammer and Karla Ward | August 21, 2021 | 3:43 PM EDT

    Governor Andy Beshear (D-KY)

    In a momentous legal defeat for Gov. Andy Beshear, the Kentucky Supreme Court in a rare Saturday decision ruled on the Democratic governor’s challenge of Republican-backed laws that limit his authority to enact emergency orders to help control the coronavirus pandemic.

    In a 34-page order, the state’s highest court unanimously said Franklin Circuit Court abused its discretion in blocking the new laws from taking effect and sent the case back to the lower court to dissolve the injunction and hear legal arguments about the constitutionality of each law.

    The challenged legislation was lawfully passed and the governor’s complaint “does not present a substantial legal question that would necessitate staying the effectiveness of the legislation,” the seven-member court ruled.

Which is what I have been saying all along!

    Beshear had sought injunctive relief against the new laws, arguing that the legislation undermined his ability to respond to the COVID-19 pandemic and created a public health crisis that would result in increased disease and death. The governor sued the legislature and Attorney General Daniel Cameron.

    The Supreme Court in a decision written by Justice Laurance B. VanMeter of Lexington largely agreed with Cameron and lawmakers. Cameron argued that the challenged legislation does not prevent Beshear from responding to emergencies and simply requires him to work collaboratively with other officials — including the legislature — in emergencies that last longer than 30 days.

The Governor’s argument was simple: he just had to have the authority he claimed, because COVID-19 was so serious! Work collaboratively with other officials? On July 10, 2020, Mr Beshear stated that he wouldn’t involve the legislature because he believed that they wouldn’t do his bidding.

    Beshear was asked at Friday’s news conference on COVID-19 why he has not included the legislature in coming up with his orders. He said many state lawmakers refuse to wear masks and noted that 26 legislators in Mississippi have tested positive for the virus.

And now he has found out that he isn’t a dictator!

Republican candidates for the General Assembly ran against the Governor’s authoritarian decrees, and the voters of the Commonwealth rewarded the GOP with 14 additional seats in the state House of Representatives, and two more seats, out of 17 up for election, in the state Senate. Republicans hold a 75-25 majority in the House, and 30-8 majority in the Senate. It takes only a ‘constitutional majority,’ more than 50% of the full membership of each chamber, to override a gubernatorial veto, not a 2/3 supermajority, as people are familiar with when it comes to the federal government, but the GOP has more than a 2/3 majority in each chamber.

    A spokeswoman for the governor responded to the decision Saturday afternoon, saying Beshear “has had the courage to make unpopular decisions in order to keep Kentuckians safe — the court has removed much of his ability to do so moving forward.”

    Crystal Staley said in a statement that “the court’s order will dissolve Kentucky’s entire state of emergency for the COVID-19 pandemic. It either eliminates or puts at risk large amounts of funding, steps we have taken to increase our health care capacity, expanded meals for children and families, measures to fight COVID-19 in long-term care facilities, worker’s compensation for front-line workers who contract COVID-19 as well as the ability to fight price gouging.”

    “It will further prevent the governor from taking additional steps such as a general mask mandate,” she said.

And that, of course, is exactly what Kentucky’s voters were trying to do, what they wanted done, when they gave Republicans such strong majorities in the General Assembly.

Miss Staley continued to say that the Governor is assessing whether calling the legislature into special session — the Governor has the authority to call our part-time legislature into special session, but the legislature itself does not have the authority to call itself back into session — would do any good, whether the General Assembly would give him anything he wants. The Governor’s toady jurist, Franklin Circuit Judge Phillip Shepherd, who always sided with Mr Beshear when he was Attorney General, trying to frustrate then Governor Matt Bevin’s (R-KY) actions, blocked House Joint Resolution 77, in which the legislature authorized extensions of some of the Governor’s executive orders, because HJR 77 assumed that Senate Bill 1, which limited the Governor’s emergency decrees to 30 days without legislative approval for extension, was valid, and Judge Shepherd had stayed that law as well. HJR 77 did not grant approval to extend the hated mask mandate.

The legislature, in fact, indicated a willingness to work with the Governor, but Judge Shepherd didn’t want any of that!

    The most prominent he has in place now is his Aug. 10 executive order requiring almost all teachers, staff and students in K-12 schools, child care and pre-kindergarten programs across Kentucky to wear a mask indoors. It applies for 30 days and leaves open the indefinite possibility for renewal. A U.S. district judge’s ruling Thursday temporarily blocked that order in at least one school district. Beshear has asked that it be dissolved.

    The state Board of Education on Aug. 12 implemented its own emergency regulations requiring a mask mandate for students for most of this school year, and the Department for Public Health did the same for child care facilities. A legislative panel has since found those regulations deficient, but Beshear overrode that decision. One of the new laws might limit those emergency regulations to 30 days.

That order included not just public schools, over which the state Board of Education has some authority, but private schools and private daycare centers.

The state Board of Education claimed that today’s decision has no legal impact on their emergency regulations, which run for 270 days, the entire school year. I had previously speculated that Governor Beshear already knew that he lost his case with the Supremes, and pushed to get those regulations put in place to that his authoritarian decrees would continue despite the loss. The Kentucky School Boards Association urged that interested parties go slow in responding, which means that they don’t want anybody filing lawsuits challenging the KBoE’s emergency regulations.

Of course, the KBoE acted because, after the Governor urged, but did not mandate, that local school boards institute mask mandates, some local boards chose against such mandates, so the Governor, who had asked for cooperation decided that he was just going to make it an order.

However, this is not a complete victory. The state Supreme Court remanded the decision back to Judge Shepherd[1]Cameron v Beshear, 2021-SC-0107-I (2021), page 2., with an order to dissolve the injunctions, but that does not in any way prevent the Governor’s toady from finding for Mr Beshear again.

This part is important:

    Another rule of interpretation is that we “‘presum[e] that the challenged statutes were enacted by the legislature in accordance with constitutional requirements.’” Acree, 615 S.W.3d at 805 (quoting Cornelison v. Commonwealth, 52 S.W.3d 570, 572 (Ky. 2001)). “A constitutional infringement must be ‘clear, complete and unmistakable’ in order to render the statute unconstitutional.” Caneyville Volunteer Fire Dep’t v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790, 806 (Ky. 2009) (quoting Ky. Indus. Util. Customers, Inc. v. Ky. Utils. Co., 983 S.W.2d 493, 499 (Ky. 1998)). Considering that the General Assembly is the policy-making body for the Commonwealth, not the Governor or the courts, equitable considerations support enforcing a legislative body’s policy choices. In fact, non-enforcement of a duly-enacted statute constitutes irreparable harm to the public and the government.[2]Cameron v Beshear, 2021-SC-0107-I (2021), pages 16-17.

The Court affirmed that it is the General Assembly which makes the laws, not the Governor.

But here’s the kicker:

    These items noted, we do not believe this issue has been adequately addressed by the parties and therefore make no definitive pronouncement concerning the constitutionality of thirty-day limitation contained within the 2021 legislation. . . . .[3]Cameron v Beshear, 2021-SC-0107-I (2021), page 22.

    In sum, considering that the challenged legislation was lawfully passed, the Governor’s Complaint does not present a substantial legal question that would necessitate staying the effectiveness of the legislation. And as the equities clearly favor implementation of the legislation pending an adjudication of its constitutionality, we conclude that the Franklin Circuit Court abused its discretion in finding otherwise. Thus, we remand this case to the Franklin Circuit Court with instructions to dissolve the injunction. This case is reversed and remanded to the Franklin Circuit Court for further proceedings consistent with this Opinion. In the event certain sections of the 2021 legislation may be ultimately found invalid, the likely remedy may be severability.[4]Cameron v Beshear, 2021-SC-0107-I (2021), page 27.

If, upon hearing the arguments at trial, Judge Shepherd decides that the 30 day limit in Senate Bill 1 is unconstitutional, it could, once again, empower the Governor to issue draconian decrees. We waited half a year for the state Supreme Court to rule that Judge Shepherd’s injunctions were improper, half a year in which the authority of the General Assembly in passing the laws was violated, half a year in which some of our constitutional rights were violated. The Court made clear that the Governor’s authority is not implicit, but is defined by the state legislature, so it would be a high bar that the Governor would have to clear to argue successfully that Senate Bill 1 is unconstitutional, but, with a sycophant judge like Mr Shepherd, anything is possible.

References

References
↑1 Cameron v Beshear, 2021-SC-0107-I (2021), page 2.
↑2 Cameron v Beshear, 2021-SC-0107-I (2021), pages 16-17.
↑3 Cameron v Beshear, 2021-SC-0107-I (2021), page 22.
↑4 Cameron v Beshear, 2021-SC-0107-I (2021), page 27.