Category Archives: COVID

Posted on by

Los Angeles Unified School District plans on physically assaulting every student and employee, every week.

Have you ever had a COVID-19 test? I have, and it’s a very unpleasant experience. Basically, a nurse sticks a long, stick-mounted cotton swab — think of an eight-inch-long Q-Tip — up your nose to obtain the ‘material’ to be tested. In every state in the union, if you have not consented to this, it would be considered an assault. Does the Los Angeles Unified School District plan on making public education, something required by state law, to be contingent on consenting to be assaulted?

    LAUSD to require COVID-19 testing for all students and staff, regardless of vaccination status

    by: Sareen Habeshian, Jennifer McGraw |Posted: July 29, 2021 | 2:31 PM PDT | Updated: July 29, 2021 | 11:39 PM PDT

    The Los Angeles Unified School District will require all students and employees who are returning for in-person instruction to participate in weekly COVID-19 testing — regardless of vaccination status, the district announced Thursday.

    “This is in accordance with the most recent guidance from the Los Angeles County Department of Public Health,” Interim Superintendent Megan K. Reilly said in a statement.

Really? The LAUSD employees are unionized. Have the District gotten the OK from the employees’ unions for this? What union is going to approve of this kind of employment condition?

    LAUSD, the nation’s second-largest school district, had previously said that fully vaccinated students and employees would not require testing. But as schools district-wide prepare to reopen for in-person instruction on Aug. 16, L.A. Unified said it’s closely monitoring evolving health conditions and adapting its response. . . . .

    In addition to regular testing, safety measures will include: masking for all students, staff and visitors; maximizing physical distancing as much as possible; continuing comprehensive sanitizing efforts, including frequent hand washing; upgraded air filtration systems; and collaborating with health partners and agencies to support free COVID-19 vaccination.

Also see: LA Times: Let’s Bring On The COVID Cracksdowns!

So, if some parents are concerned about the safety of the vaccines, why would they bother with getting their children vaccinated if they will still be subjected to weekly testing, and all of the other COVID-19 restrictions?

And since the vaccines have not yet been approved for children 11-years-old and younger, that means almost every student through the fifth grade will be unvaccinated. Even if the LAUSD changes its mind, and allows vaccinated students and employees to skip the weekly testing, the District are still planning on physically assaulting every student from pre-school through the fifth grade.

    “Ultimately, the greatest protection against COVID and the Delta variant is vaccination,” L.A. Unified said in its statement Thursday. “We encourage everyone who is eligible to be vaccinated.”

Really? You don’t plan on having vaccinations make any difference in how you treat students and employees!

The state is required, by law, to provide ‘free’ public education for every student who wants it, and compulsory attendance laws require all school-aged children to be educated. How is the LAUSD going to impose such a rule?

Posted on by

Republican state agency heads tell Andy Beshear: not just no, but Hell no!

We noted yesterday Governor Andy Beshear’s (D-KY) order that all employees and visitors to state buildings must wear face masks, even if they are fully vaccinated.

But Mr Beshear and his Lieutenant Governor, Jacqueline Coleman, are the only Democrats who serve in statewide elective offices, and that creates problems for enforcement of the Governor’s orders.

    Several KY state agencies run by Republicans won’t enforce Beshear’s new mask rules

    By Daniel Desrochers | July 29, 2021 10:56 AM | Updated: 12:06 PM EDT

    Several state agencies headed by Republicans say they will not enforce Kentucky Gov. Andy Beshear’s mandate for all state workers to resume wearing masks while working inside, a potential sign of how contentious new orders to limit the spread of COVID-19 may become.

    Leaders of the Department of Agriculture, Office of the State Treasurer and Legislative Research Commission all said Thursday they will not enforce the new mask mandate, which comes as COVID-19 cases have surged over the past five weeks.

    In an email sent to the staff of the Department of Agriculture shortly after Beshear announced the new rule Wednesday, Keith Rogers, the chief of staff for Agriculture Commissioner Ryan Quarles, told employees the department would leave it up to staff members to decide if they want to wear a mask.

There’s more at the original.

Several state departments noted that the majority of their employees are already vaccinated, and will leave mask wearing optional. while the Legislative Research Commission, which is supervised by the General Assembly, not the Governor, will adhere to its May 23rd policy, which states that vaccinated employees need not wear masks.

We have previously mentioned Governor Andy Beshear’s (D-KY) dictatorial orders, and his refusal to involve the General Assembly.

    Beshear was asked at Friday’s (July 10, 2020 — Editor) 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.

His unwillingness to even try to work with the General Assembly was stated much more recently, on June 10th, following the state Supreme Court’s oral arguments on his suits to invalidate several bills passed by the state legislature earlier this year:

    You look back at different things that this legislature has tried to do in the midst of this pandemic and they would have not had the courage to step up and mandate masks, which we know from the experts is absolutely necessary.

Which raises the obvious question: did the Governor, before issuing his order, do something really radical like call the heads of the various state agencies and get their input, or ask them to put in place such rules for the agencies they ran? It’s not that the agency heads had no clue that such an order could come; I have been noting for weeks now that the Governor was looking for an excuse to reimpose the mask mandate, and, despite my obvious brilliance, I’m pretty sure I’m not the only one.

Protesters hanged Governor Andy Beshear in effigy, May 24, 2020.

Governor Beshear hates Republicans, and, in the Bluegrass State, a whole lot of Republicans hate Mr Beshear, and protestors over his lockout policies hanged the Governor in effigy last year. Yeah, that makes it difficult for them to work together. But the state agency heads aren’t rowdy protesters, and many are elected officials in their own rights, people not under the Governor’s authority, and people whom he cannot simply fire. Even if the Governor did not think he would get much of a positive response, he would have at least have had a chance of compliance if he had had the courtesy to call them in advance and ask for their cooperation, or even to issue the instructions for their agencies under their own authority.

But, if the Governor made such calls, it was not so reported in the Herald-Leader article. Personally, I doubt that he did, simply because he believes he can just issue his decrees.

So, if the agency officials refuse to go along, what can the Governor do? He has only two options:

  1. He can plead and cajole with them; or
  2. He can send in the Kentucky State Police to do, what, arrest those not wearing masks?

He did, after all, send the State Police to record license plate and vehicle identification numbers on cars in church parking lots on Easter Sunday of 2020!

Still, I doubt that even our Governor would be so boneheadedly stupid as to do that. At least, I hope so!
______________________________
Update! Well, what do you know?

    Beshear not considering reinstating statewide mask mandate despite COVID case surge

    By Alex Acquisto | July 29, 2021 01:53 PM

    As the threat of COVID-19 continues to worsen in Kentucky, Gov. Andy Beshear on Thursday said he is not at the point of considering a statewide vaccine mandate or reconsidering a mask mandate.

    “I am not currently considering reinstating the mask mandate,” he said in the state Capitol during a news conference. But reinstating it isn’t out of the question: “It’s on the table if needed.”

    Likewise, with a statewide vaccine mandate, “Right now, I don’t think a mandate from me would necessarily get those that have been unwilling to get vaccinated, vaccinated,” he said.

I’m pretty sure that he’s right about that! Of course, the General Assembly passed Senate Bill 8, which expands the exemptions allowable to refuse mandatory vaccination orders, and it became law without the Governor’s signature on March 23, 2021.

So, the mask mandate remains on the table, if not issued again. But I wonder: what would happen if the Governor would simply ask Kentuckians to wear masks, rather than ordering them to do so?

Posted on by

Andy Beshear orders face masks in all state office buildings

I have been saying, for a while now, that Governor Andy Beshear (D-KY) would eventually reissue his odious mask mandate. He hasn’t yet, but he’s moving closer to it:

Posted on by

Fear is the mind killer * Updated! *

We have previously noted how fear is being used to control the population. The government has been spreading fear, and one young lady has given us a very thorough demonstration of how well it has worked:

She posted a series of ten tweets in the thread, which I’ve quoted and linked below, to save space. I have also condensed her two paragraph tweets into single paragraphs.

  1. First tweet: I’m a vaccinated anaesthetist and this is how I shop for my family.
  2. Second tweet: Preparation is key. If possible, I go at quieter times or click and collect if I’m organised. If I need to go in, I have my respirator mask, sanitiser, a list, and the bags which I always forgot pre-pandemic.
  3. Third tweet: Current rules are that maximum one person per household can go each day. We minimise this as much as possible. Either my hubby or I go. Never together. No kids.
  4. Fourth tweet: Once parked I put on my respirator. I’m in healthcare so have a stock of self-purchased N95’s in the car. I take a moment to ensure that it is fitted correctly. No leaks.
  5. Fifth tweet: At the entrance I check in using the QR code the furtherest away from the front door. I sanitise my hands. Big smile with my eyes and thank you to the greeter.
  6. Sixth tweet: Once inside, it’s a race. I assume I have covid. I assume everyone else has covid. I shop with laser sharp focus. No browsing. I avoid crowded aisles. Keep distant. Get only what I need, touch only what is necessary. I don’t squeeze every avocado to see which is ripe….
  7. Seventh tweet: Once I have everything, I pay via self-service usually at the end one if free. I get outta there ASAP. Smile and thank the attendant. Sanitise on exit. Check out via the app. A long shop is 15 mins, usually 7.
  8. Eighth tweet: So why do I do this? Am I outta my mind? I didn’t care about germs before the pandemic. Well, in my job we are all about risk minimisation. I want to protect myself, my family, my patients and my colleagues. I don’t need to spend ages faffing about in there.
  9. Ninth tweet: I don’t want to bring covid into my hospitals. I want to do all I can as an individual to minimise risk. Also, if the supermarket ends up being an exposure site, I don’t want contact tracers to need to trace me and my contacts.
  10. Tenth tweet: Kudos to all the folk doing the right thing, and those working frontline in our supermarkets.

Note that these were tweeted on Saturday, July 24, 2021, not sometime during the summer of 2020.

Of course, everything she has said her husband and she are doing is perfectly legal, and they have every legal right to take the precautions she has mentioned. But this is the second summer — although it’s winter for her, in Australia and New Zealand — of COVID-19, and at some point people have to return to being the social animals that we are.

_____________________________________
Update: 10:03 PM EDT

Naturally, I notified the original tweet author, but it seems that she didn’t like it. When I tried to bring up the tweets again this evening, I got:

Posted on by

Why don’t neoconservatives, who support American-style liberty and democracy abroad, support liberty at home?

When commenting on Patterico’s Pontifications, I am styled “The libertarian, but not Libertarian, Dana”, since one of his main writers is named Dana.

The site host was previously a Republican, and certainly a conservative, but he left the GOP when Donald Trump started to make headway toward the 2016 Republican presidential nomination, and became one of the #NeverTrumpers. His dislike of our 45th President has been apparent from the start, and he wanted Mr Trump not just impeached, but removed from office.

Patterico has been vocal in advocating that people get vaccinated against COVID-19, and I agree: they should. But this I did not expect from him:

I have previously noted how neoconservatives Max Boot and Bill Kristol, upset that not as many people as they believe should have have freely chosen to take the COVID-19 vaccines, have urged making vaccination mandatory.

When Patterico tweeted:

We may get to a point where the big debate becomes: why on Earth didn’t we institute more coercive measures on the unvaccinated in July 2021, when we could have stopped COVID before it mutated beyond the vaccines’ capacity to immunize people against it?

he has not precisely stated, as Messrs Boot and Kristol have, that he believes that vaccination should be mandatory, but one wonders: just what does he mean by “more coercive measures”?

A clue, I suppose, comes from his retweet from Allahpundit, who referenced yet another #NeverTrumper, David Frum, and his article in The Atlantic:

    Vaccinated America Has Had Enough

    In the United States, this pandemic could be almost over by now. The reasons it’s still going are pretty clear.

    By David Frum | July 23, 2021

    In the United States, this pandemic could’ve been over by now, and certainly would’ve been by Labor Day. If the pace of vaccination through the summer had been anything like the pace in April and May, the country would be nearing herd immunity. With most adults immunized, new and more infectious coronavirus variants would have nowhere to spread. Life could return nearly to normal.

The article title itself practically drips with contempt: “Vaccinated America has had enough.” With that, the distinguished Mr Frum, an urbanite who lives in Washington, DC, and Wellington, Ontario, tells his readers that “vaccinated America” and he are just better than the riff-raff who have decided against it.

    Experts list many reasons for the vaccine slump, but one big reason stands out: vaccine resistance among conservative, evangelical, and rural Americans. Pro-Trump America has decided that vaccine refusal is a statement of identity and a test of loyalty.

Or, perhaps, they have decided that they just don’t trust government very much. Such used to be commonplace among conservatives. Actually, it’s pretty commonplace among liberals as well . . . when conservatives are in power. Conservative states have been tightening up election security, but the left see that not as insuring against election fraud, but as trying to prevent some citizens from voting at all. And the left certainly distrusted government during President Trump’s four years in office!

Naturally, I cannot quote all of Mr Frum’s article; that would violate Fair Use standards. Suffice it to say that he spends the next three paragraphs telling us of all of the evils and sorrows the vaccine hesitant and conservative politicians have spread throughout conservative states.

    Reading about the fates of people who refused the vaccine is sorrowful. But as summer camp and travel plans are disrupted—as local authorities reimpose mask mandates that could have been laid aside forever—many in the vaccinated majority must be thinking: Yes, I’m very sorry that so many of the unvaccinated are suffering the consequences of their bad decisions. I’m also very sorry that the responsible rest of us are suffering the consequences of their bad decisions.

There it is again: Mr Frum is telling his readers that he is just so much smarter than those with reservations, that those who have not been willing to take the vaccine are irresponsible. As I have pointed out previously, insulting people, telling them that they are stupid, might not be the best approach to get them to buy what you are trying to sell.

    As cases uptick again, as people who have done the right thing face the consequences of other people doing the wrong thing, the question occurs: Does Biden’s America have a breaking point? Biden’s America produces 70 percent of the country’s wealth—and then sees that wealth transferred to support Trump’s America. Which is fine; that’s what citizens of one nation do for one another. Something else they do for one another: take rational health-care precautions during a pandemic. That reciprocal part of the bargain is not being upheld.

And here I thought that Mr Frum was supposed to be a conservative! Now he’s using the leftist argument that the liberals support conservatives. Well, Philadelphia might seem more productive, with its inflated prices for everything, and their 2020 voting pattern (81.44% for Mr Biden vis a vis 17.90% for President Trump), than Estill County, Kentucky, where I live, (77.98% for Mr Trump, 20.72% for Mr Biden) but we sure don’t kill each other the way they do in the City of Brotherly Love! We don’t have to surround our homes with iron bars to keep the criminals out!

    Can governments lawfully require more public-health cooperation from their populations? They regularly do, for other causes. More than a dozen conservative states have legislated drug testing for people who seek cash welfare. It is bizarre that Florida and other states would put such an onus on the poorest people in society—while allowing other people to impose a much more intimate and immediate harm on everybody else. The federal government could use its regulatory and spending powers to encourage vaccination in the same way that Ron DeSantis has used his executive powers to discourage it. The Biden administration could require proof of vaccination to fly or to travel by interstate train or bus. It could mandate that federal contractors demonstrate that their workforces are vaccinated. It could condition federal student loans on proof of vaccination. Those measures might or might not be wise policy: Inducements are usually more effective at changing individual behavior than penalties are. But they would be feasible and legal—and they would spread the message about what people ought to do, in the same way that sanctions against drunk driving, cheating on taxes, and unjust discrimination in the workplace do.

Mr Frum, like Patterico, is an attorney, and just loves him some ways of forcing people to comply. No, he didn’t say, “Make the vaccines mandatory,” but wants to try to regulate the non-compliant into poverty. And Mr Frum wonders why some people wouldn’t trust the government!

    In the end, the unvaccinated person himself or herself has decided to inflict a preventable and unjustifiable harm upon family, friends, neighbors, community, country, and planet.

And here we see the urbanist liberal argument again: that those who are doing nothing wrong — say, by owning a firearm even if they have never shot anyone — simply by living their lives as they see fit, are still guilty, guilty, guilty! of hurting other people. Mr Frum does not, and cannot, know whether any particular unvaccinated person has contracted the virus and then spread it to “family, friends, neighbors, community, country, and planet.” He simply assumes that all are guilty. Yet, at least here in the Bluegrass State, the Fayette County Health Department, in the Commonwealth’s second largest city, reported that 24.3% of all new COVID cases in July were “breakthrough” cases, instances in which vaccinated people still contracted the virus.

I look at people like David Frum and Max Boot and Bill Kristol, neoconservatives who supported American intervention to bring American-style liberty and democracy to places which were not liberal Western democracies,[1]Mr Frum was a speechwriter and assistant to the younger President Bush in 2001 and 2002, in the lead-up to the invasion of Iraq. yet don’t seem to support liberty here at home.

References

References
↑1 Mr Frum was a speechwriter and assistant to the younger President Bush in 2001 and 2002, in the lead-up to the invasion of Iraq.
Posted on by

Andy Beshear will try to issue another odious mask mandate any day now

I told you so!

Governor Andy Beshear (D-KY) hasn’t tried to make masks mandatory again, but today’s “recommendations” certainly set the table for that.

The Governor’s new “recommendations” are:

  • All unvaccinated Kentuckians should wear masks indoors when not in their homes
  • Kentuckians at higher risk due to pre-existing conditions should wear masks indoors when not in their homes
  • Vaccinated Kentuckians in jobs with significant public exposure should consider wearing a mask at work
  • All unvaccinated Kentuckians, when eligible, should be vaccinated immediately

Mr Beshear is like any other American: under our First Amendment, he has the freedom of speech, and can recommend anything he wishes. But I do not trust him, nor do I trust the state Supreme Court and how they may rule on the Governor’s legal attempts to invalidate the restrictions on his emergency powers under KRS 39A passed by the General Assembly last February, and it’s all too easy to see Mr Beshear trying to turn his recommendations into orders.

Kentucky reporting new cases of COVID-19 at levels not seen since March

By Alex Acquisto | July 22, 2021 | 1:38 PM | Updated: 2:06 PM EDT

Kentucky is poised to report its fourth consecutive week of rising COVID-19 cases, the overwhelming majority of which are driven by unvaccinated people, Gov. Andy Beshear said Thursday.

“We believe that on Monday we are going to be in another week of increasing cases,” the governor said from the state Capitol. Cases began rising again in late June after two months of consecutive decline.

In Kentucky, where roughly half the state is at least partially vaccinated, over 95% of the more than 61,000 new coronavirus cases from March 1 to July 21 were among unvaccinated people, the governor announced. Likewise, 92% of the 3,100 coronavirus-related hospitalizations and 89% of the 447 people who died of coronavirus were either unvaccinated or only partially vaccinated.

OK, let’s stop right there. The vaccines didn’t even become available to people under 70 until the beginning of March, so when March and April are included, those numbers are wholly skewed. I’m in my upper sixties, and I was not able to get my first dose until April Fool’s Day, and my second until Cinco de Mayo. I would not have been considered “fully vaccinated” until 14 days after my second dose, which meant May 19th.

So, when the Governor tells us that “over 95% of the more than 61,000 new coronavirus cases from March 1 to July 21 were among unvaccinated people,” he is using a time frame in which most Kentuckians had the opportunity to be vaccinated. The percentage of the Commonwealth’s population which could have been vaccinated, especially “fully vaccinated,” during March and April was pretty small.

Note what the Herald-Leader had reported just two days earlier:

About one-fifth of the new COVID-19 cases in Lexington in July occurred in vaccinated people, according to new data from the Lexington-Fayette County Health Department.

Those so-called “breakthrough” cases had accounted for less than 1 percent of Lexington’s reported infections until the last few weeks. In May, less than 10 percent of the month’s cases were breakthrough infections. In June, that number increased to almost 15 percent.

This month, about 19.5 percent of all cases have been in people fully vaccinated against COVID-19, according to the health department.

Note, the report is that 19.5% were among people fully vaccinated. One wonders what the infection rate was for those who were only partially vaccinated.

The vaccines are supposed to help those who do contract the virus anyway by resulting in far less serious symptoms. If someone has been vaccinated, and he doesn’t feel sick, there’s really no reason for him to be tested, so, though we can’t prove a negative, it stands to reason that a smaller percentage of vaccinated than unvaccinated people get tested for COVID-19. It could well be that the percentage of vaccinated people who are infected with COVID anyway is significantly higher than anyone knows.

And why would a fully vaccinated person get tested unless it was absolutely necessary? From CNBC:

If a vaccinated person tests positive for Covid, through routine workplace testing, for example, “we don’t just let them go about their business and forget about the fact that they tested positive,” says Dr. Peter Katona, professor of medicine and public health at UCLA and chair of the Infection Control Working Group.

“With the understanding that you’re less of a problem than an unvaccinated [person], it doesn’t mean you let up on your protocol,” he says.

The most important thing to do after testing positive would be to isolate, meaning you stay away from people who are not sick, including others who are vaccinated, and monitor for Covid-related symptoms, Gonsenhauser says.

“You are going to have to isolate just as though you were not vaccinated for 10 days from the first symptoms that you recognize or from the time of your test…keeping yourself from being around other people until that period is up,” Gonsenhauser says.

You should avoid visiting any private or public areas or traveling during that 10-day period, according to the CDC.

In other words, if you are fully vaccinated and are not sick, getting tested can mean only one thing: more restrictions on your life!

And here comes what I said was coming:

The more contagious Delta variant is driving an increase in cases and the statewide positivity rate, which rose above 6% on Wednesday for the first time since late February. On Tuesday, the state reported 1,054 new cases of the virus — the highest single-day increase since March 11, Beshear said. On Wednesday, the state reported 963 new cases.

For the first time since he lifted the statewide mask mandate and repealed capacity restrictions in early June, Beshear said on Thursday that he will not shy away from reinstituting those rules if the spread of the virus continues to gain momentum.

“We’re not going to be afraid to make the tough decision if it’s merited,” he said, again noting that the solution to stemming spread is for more people to get vaccinated.

It is, I believe, the wiser choice for people to go ahead and get vaccinated; not only have I said that before, but my freely disclosed choice on the matter months ago ought to stand as testimony to that. And if someone believes that he ought to wear a face mask, I absolutely support his right to choose to do that.

But I am absolutely opposed to the government trying to mandate vaccination, or facemasks, or any of the restrictions on our individual rights that so many states imposed previously. COVID-19 may be deadly in a small percentage of cases, but it has already dealt a near-mortal blow to our rights as free people and as Americans.

Posted on by

Neoconservatives want to fight for American-style freedom and democracy everywhere, but don’t seem to want Americans to have individual rights

If someone was asked to put names to a list of neoconservatives in the United States, Irving Kristol, Nathan Glazer, and Norman Podhoretz might come to mind. Irving Kristol was an editor and publisher who served as the managing editor of Commentary magazine, founded the now-defunct magazine The Public Interest, and was described by Jonah Goldberg as the “godfather of neoconservatism.” His son, William Kristol, founded the magazine The Weekly Standard, which quickly took hold to challenge National Review for primacy among conservative opinion journals.

The Weekly Standard failed because, as a fervent #NeverTrumper, Mr Kristol guided the journal into being all-Never Trump, all the time, while National Review, with plenty of Never Trumpers in its fold, still tried to allow pro-Trump articles in its pages and on its website. Mr Kristol (probably) realized that yes, Donald Trump was a factor in Republican politics, and yes, some conservatives really did like his views and his style, but The Weekly Standard was never going to tolerate the views of the riff-raff to pollute its pages and website!

We have already noted how neo-conservative Max Boot of The Washington Post wants to make vaccinations against COVID-19 mandatory. The Post’s other neocon, Jennifer Rubin, while I have not seen anything from her yet urging making vaccination mandatory, certainly wants to do everything that can be done to stifle opposing views. The Post also supports “vaccine passports.”

Now comes the younger Mr Kristol, who, like so many others, wants to force you to be vaccinated. Not trusting Mr Kristol not to delete that tweet, this is a screenshot of it, but the hyperlink will take you to the original. If it’s difficult to see, you can click on it to enlarge it.

Mr Kristol and the neoconservatives, frequently fairly liberal when it comes to domestic and social issues, very much wanted to spread the ideas of American-style freedom and democracy around the world. But I have to ask: when so many of them are now opposed to individual liberty and individual rights, just what does their commitment to American-style freedom and democracy mean? One of the most basic freedoms of all, the right to decide what you will put into your own body, is a freedom they would deny people who have decided differently than they have.

Full disclosure: I have been vaccinated myself, a choice I made freely, and I believe that others should take the same decision I did. While no vaccine is 100% without risk, the benefits of being vaccinated outweigh the risks. But I respect the right, and yes, “right” is precisely the word I mean to use, of other people to choose whether or not to take the vaccine. That’s a right that the neoconservatives don’t seem to want you to have.
____________________________________
Related Article:

Posted on by

It’s being set up again!

As we have previously noted, the nation is being set up, through the spreading of fear, for another imposition of the illegal and unconstitutional COVID-19 restrictions.

And now comes Governor Andy Beshear (D-KY), one of the worst of the COVID tyrants:

    As Delta variant spreads, Beshear recommends return to indoor masking for some

    By Alex Acquisto | July 19, 2021 | 5:07 PM | Updated: July 19, 2021 | 6:01 PM EDT

    Fully-vaccinated Kentuckians who work in jobs with “significant public exposure” should consider wearing a mask again in indoor public spaces, Gov. Andy Beshear recommended on Monday, citing rising case numbers and escalating spread of the Delta variant of COVID-19.

    The governor is also recommending a return to masking in indoor public settings for fully-vaccinated Kentuckians at high-risk of severe coronavirus infection because of pre-existing health conditions. High-exposure jobs include retail and hospitality businesses, as well as any job that requires contact with many different people.

    “The more people you come in contact with, the more exposure you are likely to have, so we believe at this point it is a smart idea,” Beshear said.

    The new recommendations, which apply to both vaccinated and unvaccinated people, are necessary because “we are seeing more cases among vaccinated Kentuckians because of the Delta variant,” Beshear said.

There’s more at the original, but the most important word in that article is “necessary.” The Governor argued, after his attorney’s presentation to the state Supreme Court:

    After the court hearing, Beshear told reporters that a governor’s emergency powers certainly “have to be large enough with a one-in-every-hundred year pandemic that creates the deadliest year in our history, it has to be significant and strong enough to do what’s necessary there.”

    “You look back at different things that this legislature has tried to do in the midst of this pandemic and they would have not had the courage to step up and mandate masks, which we know from the experts is absolutely necessary,” he said. “We would have looked like the Dakotas and not what we looked like here in Kentucky.”

Mr Beshear believes that he just has to have these powers, because they are necessary, regardless of the General Assembly putting restrictions on them.

Oral arguments were made to the Court on June 10th, which was 5½ weeks ago, and the Court has not yet issued its ruling. The last time this issue came before the state Supreme Court, prior to the last legislative session, which changed the laws, the Court took from September 17th until November 12th, to issue its decision, 56 days, an even 8 weeks, so, if the Court uses the same timetable, it wouldn’t issue its decision until Thursday, August 5th.

Of course, the Governor has only issued recommendations, and not tried to impose another executive order. I would like to think that this is because he has already been notified by the justices that they aren’t going to come down on his side, and he knows that the General Assembly would never approve an extension of a mask order, but the state Supreme Court has a decidedly liberal leaning:

    The last three years in Kentucky should provide an equal awakening concerning the Kentucky Supreme Court. Over and over in the past three years, the state’s highest court has upended legislation after legislation passed by the General Assembly, often appearing to seek legal justification after it had decided what it wanted to do.

    To name a handful, regardless of the policy merits of the 2018 pension reform bill, the Court invalidated the law based on a procedure that has been used by the General Assembly for decades. The Court threw out Medical Review Panels, blocked Marsy’s Law[1]Hyperlink added by editor; not included in cited article., and perhaps the most head-scratching of all, had three justices dissent in the case that ultimately upheld Kentucky’s right-to-work law.

    Brian T. Fitzpatrick, a professor at Vanderbilt Law School who studies methods of selecting judges, looked at the ideological makeup of state Supreme Courts compared to the electorate they serve in a 2017 study. Kentucky, he found, is entirely out of whack. The commonwealth had the eighth highest liberal skew in the country, versus the federal electorate in the state, during his studied period.

Well, the Kentucky Supreme Court was certainly out of tune with the electorate in Kentucky. On November 3, 2020, the voters in the Commonwealth rewarded Republican state legislative candidates, who had campaigned against the Governor’s restrictions, with 14 additional seats in the state House of Representatives, giving the GOP a 75-25 seat advantage,[2]Don’t scream, “Gerrymandering!” because when the House districts were redistricted following the 2010 census, Democrats controlled the state House. and 2 additional seats, out of 17 up for election, in the state Senate, for a 38-10 GOP margin.

The state Supreme Court has long been a friend of Mr Beshear’s, particularly when it came to the then-Attorney General filing lawsuit after lawsuit to frustrate Governor Matt Bevin (R-KY). And while I would like to think that the Governor has already been clued in to his legal position failing, it’s just as possible — and perhaps even more possible — that the state Supremes have come down in his favor, and he’s just setting the table to change recommendations into requirements.

References

References
↑1 Hyperlink added by editor; not included in cited article.
↑2 Don’t scream, “Gerrymandering!” because when the House districts were redistricted following the 2010 census, Democrats controlled the state House.
Posted on by

We can see it coming: the spreading of fear to allow the government to impose new restrictions on our constitutional rights

When the elites see control slipping away, they resort to fear tactics.

“Fear is crucial for state authority. When the population is filled with it, they will acquiesce to virtually any power the government seeks to acquire in the name of keeping them safe. But when fear is lacking, citizens will crave liberty more than control, and that is when they question official claims and actions. When that starts to happen, when the public feels too secure, institutions of authority will reflexively find new ways to ensure they stay engulfed by fear and thus quiescent.” — Glenn Greenwald, “The New Domestic War on Terror Has Already Begun — Even Without the New Laws Biden Wants”.

Mr Greenwald wasn’t writing about COVID-19, but the efforts of the Biden, and past, Administrations to fight terrorism by restricting civil liberties. There is a lot with which I disagree with Mr Greenwald, but on this, he’s dead on target.

Fear, of course, was what governments used to get a free people to go along with restrictions on their constitutional rights. Now that almost everyplace in the United States has lifted restrictions — Pennsylvania’s mask mandate ended today — we are seeing the fearful wanting them back:

Gottlieb says parts of U.S. could see “very dense outbreaks” as Delta variant spreads

By Kimani Hayes | June 28, 2021 | 7:39 AM EDT | CBS NEWS

Washington — As the U.S. continues to navigate its way through the COVID-19 pandemic, Dr. Scott Gottlieb, the former commissioner of the Food and Drug Administration, said areas of the country could experience “very dense outbreaks” with the concerning Delta variant continuing to circulate.

“It’s going to be hyper-regionalized, where there are certain pockets of the country [where] we can have very dense outbreaks,” Gottlieb said Sunday on CBS News’ “Face the Nation.”

The most vulnerable areas continue to be those with low vaccination rates and low rates of immunity from prior infections. According to the Centers for Disease Control and Prevention, many southern states have vaccination rates that lag behind the national average.

“I think as you look across the United States, if you’re a community that has low vaccination rates and you also think that there was low immunity from prior infection, so the virus really hasn’t coursed through the local population, those communities are vulnerable,” he said. “So, I think governors need to be thinking about how they build out health care resources in areas of the country where you still have a lot of vulnerability.”

Governor Asa Hutchinson of Arkansas, a state where hospital admissions are up 30%, expressed concern about the Delta COVID-19 variant and low vaccination rates in his state.

“The Delta variant is a great concern to us. We see that impacting our increasing cases and hospitalizations,” Hutchinson said on “Face the Nation.” The governor also noted that vaccine hesitancy is high in his state, which he attributed to conspiracy theories, the pause in Johnson & Johnson’s one-shot regimen in April and individuals simply not believing in the efficacy of the virus.

There’s more at the original.

Governor Andy Beshear (D-KY), having scheduled the end of almost all of the restrictions for following day anyway, argued before the state Supreme Court that he needs the laws passed, over his veto, by the state legislature earlier this year to be declared unconstitutional, because they would restrict his executive authority to fight a pandemic like COVID-19. One can argue that the restrictions on the Governor’s authority under KRS 39A were unwise, which is what his mouthpiece, Amy Cubbage, did, but unwise is not an argument that a law is unconstitutional. I, however, do not trust the state Supreme Court not to make its usual obeisance to Mr Beshear and let him get away with things again. Despite the best efforts of Republicans, and Kentucky’s voters,[1]In 2020, Republican candidates for the General Assembly ran against the Governor’s orders, and voters rewarded them with 14 additional seats in the state House of representatives, for a 75-25 … Continue reading Governor Beshear has pretty much gotten away with his dictatorial and unconstitutional actions. At this point, the battle is to keep him from being able to do it again. I am not confident that the state Supreme Court will follow the law; they’ve been far too compliant with the Governor’s wishes. But, with the restrictions over, there is no reason at for the justices to ignore the laws passed by the General Assembly other than the argument of what might happen sometime in the future.

It’s easy enough to see coming: just a few cases of the new ‘Delta variant,” and the Governor might once again issue his mandatory mask orders and attempt to close down ‘non-essential’ businesses, because dictators gotta dictate!

References

References
↑1 In 2020, Republican candidates for the General Assembly ran against the Governor’s orders, and voters rewarded them with 14 additional seats in the state House of representatives, for a 75-25 majority, and 2 additional seats, out of 17 up for election, for a 30-8 majority.