Quick hits (part II)
May 31, 2020 Leave a comment
1) Gallup with interesting analysis of age, partisanship, and Covid:
There are often confounding influences at work when we look at the relationship between a demographic characteristic and another variable. Most demographic characteristics are associated with other characteristics, and sometimes those relationships help explain what’s behind an initial finding.
In the current situation, we know that politics has an inordinately large role in determining virus-related attitudes and behavior, and that political identity is age-related.
Older Americans are substantially more likely to identify as Republicans than those under age 65. Republicans are much less worried than Democrats about the virus and less likely than others to socially isolate themselves. This could mean that the lack of higher levels of worry on average among older Americans is caused by their greater likelihood to be Republican.
The data, however, show that older Democrats are no more likely to worry about getting the virus than younger Democrats, and older Republicans are only slightly more likely than younger Republicans to worry. This means there is no hidden effect of party in the age finding. No matter how we might hypothetically change the proportions of Republicans or Democrats among older Americans in the sample, there would not be a significant age skew in worry about the virus.
2) Great discussion between Conor Friedersdorf and Tyler Cowen on Covid and the “Regulatory State”
Friedersdorf: Which country’s regulatory state comes closest to ideal? Based on which characteristics?
Cowen: Taiwan and South Korea have done excellent work in this area, based on speed of response and taking the problem seriously. Taiwan, like South Korea, is also used to the idea of existential risk and risk coming from China. Singapore mostly did a very good job, but with one big lapse, namely failing to secure the dormitories of migrant workers. New Zealand did a very good job too. Three of those four cases are from non-complacent countries that take existential risk seriously. New Zealand has had ongoing regulatory reform, and mechanisms to improve governance, since its broader reforms of the 1980s and 1990s. They all had a strong civil service and leaders who took the problem seriously. They are also smaller nations, islands, or territories having strong island-like properties (South Korea)…
Friedersdorf: Libertarians and small-government conservatives are highly skeptical of the regulatory state. What do they get wrong?
Cowen: Very often, the alternative to regulation is ex post facto reliance on the courts and juries to redress wrongs. Of course, the judiciary and its components are further instruments of governments, and they have their own flaws. There is no particular reason, from, say, a libertarian point of view, to expect such miracles from the courts. Very often, I would rather take my chances with the regulators.
Also, let’s not forget the cases where the regulators are flat-out right. Take herbal medicines, penis enlargers, or vaccines. In those cases, the regulators are essentially correct, and there is a substantial segment of the population that is flat-out wrong on those issues, and sometimes they are wrong in dangerous ways.
3) NYT Editorial Board takes on the travesty that is qualified immunity:
Police officers don’t face justice more often for a variety of reasons — from powerful police unions to the blue wall of silence to cowardly prosecutors to reluctant juries. But it is the Supreme Court that has enabled a culture of violence and abuse by eviscerating a vital civil rights law to provide police officers what, in practice, is nearly limitless immunity from prosecution for actions taken while on the job. The badge has become a get-out-of-jail-free card in far too many instances…
In 1967, the same year the police chief of Miami coined the phrase “when the looting starts, the shooting starts” to threaten civil rights demonstrators, the Supreme Court first articulated a notion of “qualified immunity.” In the case of police violence against a group of civil rights demonstrators in Mississippi, the court decided that police officers should not face legal liability for enforcing the law “in good faith and with probable cause.”
That’s a high standard to meet. But what makes these cases nearly impossible for plaintiffs to win is the court’s requirement that any violation of rights be “clearly established” — that is, another court must have previously encountered a case with the same context and facts, and found there that the officer was not immune. This is a judge-made rule; the civil rights law itself says nothing about a “clearly established” requirement. Yet in practice it has meant that police officers prevail virtually every time, because it’s very hard to find cases that are the same in all respects. It also creates a Catch-22 for plaintiffs, who are required to hunt down precedents in courts that have stopped generating those precedents, because the plaintiffs always lose. As one conservative judge put it in a U.S. district court in Texas, “Heads defendants win, tails plaintiffs lose.”In the five decades since the doctrine’s invention, qualified immunity has expanded in practice to excuse all manner of police misconduct, from assault to homicide. As the legal bar for victims to challenge police misconduct has been raised higher and higher by the Supreme Court, the lower courts have followed. A major investigation by Reuters earlier this year found that “since 2005, the courts have shown an increasing tendency to grant immunity in excessive force cases — rulings that the district courts below them must follow. The trend has accelerated in recent years.” What was intended to prevent frivolous lawsuits against agents of the government, the investigation concluded, “has become a highly effective shield in thousands of lawsuits seeking to hold cops accountable when they are accused of using excessive force.”
4) Good stuff from Michael Gerson, “Disbelieving black victims is the default position of conservatives. It’s shameful.”
It reveals a great deal about the nature of our culture war that skepticism about black victims — attempting to portray their background in the worst possible light — is the default position of many on one side. And this is the main reason that some conservatives (like me) refuse to share the same political coalition as right-wing populists, even though our policy views sometimes coincide. Given our country’s history of racism — expressed in slavery, redemption, segregation and continuing white supremacy — it is simply wrong to join any political coalition that welcomes and features racists. This is, or should be, a moral dealbreaker.
There are a variety of other valid reasons to oppose President Trump’s reelection. There is his casual cruelty (expressed most recently in vile and baseless accusations of murder). There is his incompetent governance (which began the fight against covid-19 too late and may be ending it too early). There is his use of power for corrupt, self-serving purposes (like urging a foreign country to dig up dirt on a political rival or undermining the criminal investigation of cronies). There is his ongoing attempt to undermine confidence in free elections, just in case November brings an unwelcome outcome.
But none of these provocations is as threatening to the identity of the country as Trump’s refusal to isolate and repudiate the contagion of racism…
One reason Trump did not repudiate racist protesters in Charlottesville and Lansing, Mich., is because angry racists are his people — a valued part of his political base. In Trump’s eyes, no one who supports him can really be bad. And racists seem grateful to see their views mainstreamed.
Politics does not offer easy methods to transform disordered hearts. But politics can either abet or inhibit racial hatred. It can push back against prejudice, or let it flourish. Is anyone confident that Trump feels an urgent need to address the racial and social inequalities that covid-19 has revealed in our health-care system? Does anyone seriously believe that Trump’s Justice Department is organized to aggressively pursue racial justice? On these matters, the president has signaled indifference to inequality.
Who is supposed to care deeply about racial justice and reconciliation in the Republican coalition? I would have hoped that religious people would make such moral commitments a priority. Yet (in general) they haven’t. It is the kind of failure that does grave injury to their Christian witness.
The country has been rocked by several viral videos depicting extrajudicial executions of black ethnic minorities by state security forces. Uprisings erupted in the northern city of Minneapolis after a video circulated online of the killing of a black man, George Floyd, after being attacked by a security force agent. Trump took to Twitter, calling black protesters “THUGS”’ and threatening to send in military force. “When the looting starts, the shooting starts!” he declared.
“Sure, we get it that black people are angry about decades of abuse and impunity,” said G. Scott Fitz, a Minnesotan and member of the white ethnic majority. “But going after a Target crosses the line. Can’t they find a more peaceful way, like kneeling in silence?” …Trump, a former reality-TV host, beauty pageant organizer and businessman, once called African nations “shithole countries.” But he is now taking a page from African dictators who spread bogus health remedies, like Yahya Jammeh of Gambia, who claimed he could cure AIDS with bananas and herbal potions and pushed his treatments onto the population, resulting in deaths. Trump appeared to suggest injecting bleach and using sunlight to kill the coronavirus. He has also said he has taken hydroxycholoroquine, a drug derived from quinine, a long-known jungle remedy for malaria. Doctors have advised against using the treatment to prevent or treat the coronavirus.
And now, I’m afraid we must get on to the more regrettable stage of our acquaintance, as they say in Barry Lyndon. A not-so-good movie with one great element? How about everybody’s beloved Uncut Gems, which, yes, has a fantastic Adam Sandler performance, but also sets off every single bullshit detector I have. I sense almost no recognizable human behavior in that film. The problem is clearly me: I had the same problem with the Safdie brothers’ previous effort, the similarly-wildly acclaimed-in-all-quarters Good Time, which as far as I’m concerned used all sorts of bogus narrative contrivances and character conveniences to build a highly implausible story that apparently everyone else found super-suspenseful and moving and entertaining.
7) While I’m at it with movies, I finally watched Apocalypse Now (It’s currently on HBO Go). It was an experience. It was crazy, over-the-top, surreal, but mostly just entertaining as hell. I couldn’t help but think of Russell Crowe while watching. Really enjoyed reading what Francis Ford Coppola had to say about it 40 years later.
8) The Supreme Court released an important 5-4 decision yesterday upholding California’s closing down of church services. What’s really appalling is that it wasn’t 9-0. The argument from Kavanaugh endorsed by three other conservatives was so transparently ignorant my 14-year old could see through it– no Constitutional law experience needed. Good piece from Mark Joseph Stern:
“The precise question of when restrictions on particular social activities should be lifted during the pandemic,” Roberts declared, “is a dynamic and fact-intensive matter subject to reasonable disagreement.” The Constitution leaves such decisions “to the politically accountable officials of the state,” whose decisions “should not be subject to second-guessing” by judges who lack “background, competence, and expertise to assess public health.” Multiple coronavirus outbreaks in California have been traced back to religious services. California has good reason to treat churches more like concerts—where people “congregate in large groups” and “remain in close proximity for extended periods”—than grocery stores, where they can social distance. For courts, that should be the end of the matter.
Kavanaugh, in dissent, viewed the case through a different lens. Whereas Roberts began by noting that COVID-19 has “killed thousands of people in California and more than 100,000 nationwide,” Kavanaugh crafted a narrative of invidious religious discrimination. His dissent reads like a brief by the church, not a judicial opinion. Kavanaugh alleged that Newsom’s order “indisputably discriminates against religion” in violation of the free exercise clause. For support, the justice insisted that “comparable secular businesses,” like grocery stores and pharmacies, “are not subject” to the same restrictions imposed on churches. California must have a “compelling justification” for this disparate treatment, and he saw none.But Kavanaugh’s assertion that California treats churches and “comparable secular businesses” differently begs the question: what is a comparable secular business? When it comes to the spread of infectious disease, is a church really just like a grocery store, where people spend as little time as possible, separated by aisles and shopping carts, rarely speaking to one another? Or is it more like a concert, where people congregate for lengthy periods, shoulder to shoulder, often speaking or singing and thereby spreading droplets that may contain the coronavirus?
What is genuinely shocking about Kavanaugh’s dissent is that he does not even address this question. The dispute lies at the heart of the case, and Kavanaugh ignores it. He simply takes it as a given that churches are “comparable” to grocery stores when it comes to risk of spreading COVID-19. By warping the facts, Kavanaugh paints California’s rules as irrationally discriminatory, when in fact they are based on medical advice Newsom has right now. If the justice wants to override public health measures during a pandemic, shouldn’t he at least admit that he’s substituting his own scientific judgment for that of a democratically elected lawmaker’s?
Roberts seems to think so. His opinion ends with a clear swipe at Kavanaugh: “The notion that it is ‘indisputably clear’ that the Government’s limitations are unconstitutional,” the chief justice wrote, “seems quite improbable.” Roberts went out of his way to telegraph his displeasure with the raft of lawsuits contesting COVID-19 restrictions as unconstitutional burdens on religious liberty. Even in borderline cases, he suggested, courts must defer to the people’s representatives if they decide the health crisis requires limitations on public assemblies.
While all four far-right justices dissented from Friday’s order, only Justices Clarence Thomas and Neil Gorsuch joined Kavanaugh’s dissent. Justice Samuel Alito declined to join Kavanaugh’s opinion and did not explain why. It’s possible Alito was so perturbed by his colleague’s deceptive recitation of the facts that he could not sign in good faith. Meanwhile, though the four liberals joined Roberts in turning away the church’s challenge, the chief justice wrote only for himself. His opinion reads like an official statement from the head of the judicial branch, reminding lower courts not to overstep constitutional boundaries when assessing COVID-19 orders. As long as Roberts has anything to say about it, the Supreme Court will not facilitate the spread of a deadly virus in the name of the First Amendment.
That’s activist judging damnit (and, I suspect this awful dissent will work it’s way into more than a few of my future lectures about the Supreme Court). Thank God that at least Roberts still has some modicum of integrity.
9) Sorry if you wanted more on riots/protests, etc. Still so much to process. That said, fascinating thread on some PS research about how 1968 protests affected voters.
10) Okay, and no links, but I just got off scrolling through twitter for 15 minutes. Looting is not okay. But police sure as hell need to stop targeting journalists and peaceful bystanders (especially in Minneapolis). What the hell. There’s many, many good cops, but the culture of policing in so many cities is rotten and broken.
11) Friend just shared with me a terrific FB post from a physician summing up all the research on masks. Wear them!!
12) But, I’m going to end with Covid. This was fascinating and makes so much sense based on what I’ve been reading, “Coronavirus May Be a Blood Vessel Disease, Which Explains Everything”
Recent Comments