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Javier E

Opinion | The Pandemic Probably Started in a Lab. These 5 Key Points Explain Why. - The... - 0 views

  • a growing volume of evidence — gleaned from public records released under the Freedom of Information Act, digital sleuthing through online databases, scientific papers analyzing the virus and its spread, and leaks from within the U.S. government — suggests that the pandemic most likely occurred because a virus escaped from a research lab in Wuhan, China.
  • If so, it would be the most costly accident in the history of science.
  • The SARS-like virus that caused the pandemic emerged in Wuhan, the city where the world’s foremost research lab for SARS-like viruses is located.
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  • Dr. Shi’s group was fascinated by how coronaviruses jump from species to species. To find viruses, they took samples from bats and other animals, as well as from sick people living near animals carrying these viruses or associated with the wildlife trade. Much of this work was conducted in partnership with the EcoHealth Alliance, a U.S.-based scientific organization that, since 2002, has been awarded over $80 million in federal funding to research the risks of emerging infectious diseases.
  • Their research showed that the viruses most similar to SARS‑CoV‑2, the virus that caused the pandemic, circulate in bats that live roughly 1,000 miles away from Wuhan. Scientists from Dr. Shi’s team traveled repeatedly to Yunnan province to collect these viruses and had expanded their search to Southeast Asia. Bats in other parts of China have not been found to carry viruses that are as closely related to SARS-CoV-2.
  • When the Covid-19 outbreak was detected, Dr. Shi initially wondered if the novel coronavirus had come from her laboratory, saying she had never expected such an outbreak to occur in Wuhan.
  • The SARS‑CoV‑2 virus is exceptionally contagious and can jump from species to species like wildfire. Yet it left no known trace of infection at its source or anywhere along what would have been a thousand-mile journey before emerging in Wuhan.
  • The year before the outbreak, the Wuhan institute, working with U.S. partners, had proposed creating viruses with SARS‑CoV‑2’s defining feature
  • The laboratory pursued risky research that resulted in viruses becoming more infectious: Coronaviruses were grown from samples from infected animals and genetically reconstructed and recombined to create new viruses unknown in nature. These new viruses were passed through cells from bats, pigs, primates and humans and were used to infect civets and humanized mice (mice modified with human genes). In essence, this process forced these viruses to adapt to new host species, and the viruses with mutations that allowed them to thrive emerged as victors.
  • Worse still, as the pandemic raged, their American collaborators failed to publicly reveal the existence of the Defuse proposal. The president of EcoHealth, Peter Daszak, recently admitted to Congress that he doesn’t know about virus samples collected by the Wuhan institute after 2015 and never asked the lab’s scientists if they had started the work described in Defuse.
  • By 2019, Dr. Shi’s group had published a database describing more than 22,000 collected wildlife samples. But external access was shut off in the fall of 2019, and the database was not shared with American collaborators even after the pandemic started, when such a rich virus collection would have been most useful in tracking the origin of SARS‑CoV‑2. It remains unclear whether the Wuhan institute possessed a precursor of the pandemic virus.
  • In 2021, The Intercept published a leaked 2018 grant proposal for a research project named Defuse, which had been written as a collaboration between EcoHealth, the Wuhan institute and Ralph Baric at the University of North Carolina, who had been on the cutting edge of coronavirus research for years. The proposal described plans to create viruses strikingly similar to SARS‑CoV‑2.
  • Coronaviruses bear their name because their surface is studded with protein spikes, like a spiky crown, which they use to enter animal cells. The Defuse project proposed to search for and create SARS-like viruses carrying spikes with a unique feature: a furin cleavage site — the same feature that enhances SARS‑CoV‑2’s infectiousness in humans, making it capable of causing a pandemic. Defuse was never funded by the United States.
  • owever, in his testimony on Monday, Dr. Fauci explained that the Wuhan institute would not need to rely on U.S. funding to pursue research independently.
  • While it’s possible that the furin cleavage site could have evolved naturally (as seen in some distantly related coronaviruses), out of the hundreds of SARS-like viruses cataloged by scientists, SARS‑CoV‑2 is the only one known to possess a furin cleavage site in its spike. And the genetic data suggest that the virus had only recently gained the furin cleavage site before it started the pandemic.
  • Ultimately, a never-before-seen SARS-like virus with a newly introduced furin cleavage site, matching the description in the Wuhan institute’s Defuse proposal, caused an outbreak in Wuhan less than two years after the proposal was drafted.
  • When the Wuhan scientists published their seminal paper about Covid-19 as the pandemic roared to life in 2020, they did not mention the virus’s furin cleavage site — a feature they should have been on the lookout for, according to their own grant proposal, and a feature quickly recognized by other scientists.
  • At the Wuhan Institute of Virology, a team of scientists had been hunting for SARS-like viruses for over a decade, led by Shi Zhengl
  • In May, citing failures in EcoHealth’s monitoring of risky experiments conducted at the Wuhan lab, the Biden administration suspended all federal funding for the organization and Dr. Daszak, and initiated proceedings to bar them from receiving future grants. In his testimony on Monday, Dr. Fauci said that he supported the decision to suspend and bar EcoHealth.
  • Separately, Dr. Baric described the competitive dynamic between his research group and the institute when he told Congress that the Wuhan scientists would probably not have shared their most interesting newly discovered viruses with him. Documents and email correspondence between the institute and Dr. Baric are still being withheld from the public while their release is fiercely contested in litigation.
  • In the end, American partners very likely knew of only a fraction of the research done in Wuhan. According to U.S. intelligence sources, some of the institute’s virus research was classified or conducted with or on behalf of the Chinese military.
  • In the congressional hearing on Monday, Dr. Fauci repeatedly acknowledged the lack of visibility into experiments conducted at the Wuhan institute, saying, “None of us can know everything that’s going on in China, or in Wuhan, or what have you. And that’s the reason why — I say today, and I’ve said at the T.I.,” referring to his transcribed interview with the subcommittee, “I keep an open mind as to what the origin is.”
  • The Wuhan lab pursued this type of work under low biosafety conditions that could not have contained an airborne virus as infectious as SARS‑CoV‑2.
  • Labs working with live viruses generally operate at one of four biosafety levels (known in ascending order of stringency as BSL-1, 2, 3 and 4) that describe the work practices that are considered sufficiently safe depending on the characteristics of each pathogen. The Wuhan institute’s scientists worked with SARS-like viruses under inappropriately low biosafety conditions.
  • ​​Biosafety levels are not internationally standardized, and some countries use more permissive protocols than others.
  • In one experiment, Dr. Shi’s group genetically engineered an unexpectedly deadly SARS-like virus (not closely related to SARS‑CoV‑2) that exhibited a 10,000-fold increase in the quantity of virus in the lungs and brains of humanized mice. Wuhan institute scientists handled these live viruses at low biosafety levels, including BSL-2.
  • Even the much more stringent containment at BSL-3 cannot fully prevent SARS‑CoV‑2 from escaping. Two years into the pandemic, the virus infected a scientist in a BSL-3 laboratory in Taiwan, which was, at the time, a zero-Covid country. The scientist had been vaccinated and was tested only after losing the sense of smell. By then, more than 100 close contacts had been exposed. Human error is a source of exposure even at the highest biosafety levels, and the risks are much greater for scientists working with infectious pathogens at low biosafety.
  • An early draft of the Defuse proposal stated that the Wuhan lab would do their virus work at BSL-2 to make it “highly cost-effective.” Dr. Baric added a note to the draft highlighting the importance of using BSL-3 to contain SARS-like viruses that could infect human cells, writing that “U.S. researchers will likely freak out.”
  • Years later, after SARS‑CoV‑2 had killed millions, Dr. Baric wrote to Dr. Daszak: “I have no doubt that they followed state determined rules and did the work under BSL-2. Yes China has the right to set their own policy. You believe this was appropriate containment if you want but don’t expect me to believe it. Moreover, don’t insult my intelligence by trying to feed me this load of BS.”
  • SARS‑CoV‑2 is a stealthy virus that transmits effectively through the air, causes a range of symptoms similar to those of other common respiratory diseases and can be spread by infected people before symptoms even appear. If the virus had escaped from a BSL-2 laboratory in 2019, the leak most likely would have gone undetected until too late.
  • One alarming detail — leaked to The Wall Street Journal and confirmed by current and former U.S. government officials — is that scientists on Dr. Shi’s team fell ill with Covid-like symptoms in the fall of 2019. One of the scientists had been named in the Defuse proposal as the person in charge of virus discovery work. The scientists denied having been sick.
  • The hypothesis that Covid-19 came from an animal at the Huanan Seafood Market in Wuhan is not supported by strong evidence.
  • In December 2019, Chinese investigators assumed the outbreak had started at a centrally located market frequented by thousands of visitors daily. This bias in their search for early cases meant that cases unlinked to or located far away from the market would very likely have been missed
  • To make things worse, the Chinese authorities blocked the reporting of early cases not linked to the market and, claiming biosafety precautions, ordered the destruction of patient samples on January 3, 2020, making it nearly impossible to see the complete picture of the earliest Covid-19 cases. Information about dozens of early cases from November and December 2019 remains inaccessible.
  • A pair of papers published in Science in 2022 made the best case for SARS‑CoV‑2 having emerged naturally from human-animal contact at the Wuhan market by focusing on a map of the early cases and asserting that the virus had jumped from animals into humans twice at the market in 2019
  • More recently, the two papers have been countered by other virologists and scientists who convincingly demonstrate that the available market evidence does not distinguish between a human superspreader event and a natural spillover at the market.
  • Furthermore, the existing genetic and early case data show that all known Covid-19 cases probably stem from a single introduction of SARS‑CoV‑2 into people, and the outbreak at the Wuhan market probably happened after the virus had already been circulating in humans.
  • Not a single infected animal has ever been confirmed at the market or in its supply chain. Without good evidence that the pandemic started at the Huanan Seafood Market, the fact that the virus emerged in Wuhan points squarely at its unique SARS-like virus laboratory.
  • With today’s technology, scientists can detect how respiratory viruses — including SARS, MERS and the flu — circulate in animals while making repeated attempts to jump across species. Thankfully, these variants usually fail to transmit well after crossing over to a new species and tend to die off after a small number of infections
  • investigators have not reported finding any animals infected with SARS‑CoV‑2 that had not been infected by humans. Yet, infected animal sources and other connective pieces of evidence were found for the earlier SARS and MERS outbreaks as quickly as within a few days, despite the less advanced viral forensic technologies of two decades ago.
  • Even though Wuhan is the home base of virus hunters with world-leading expertise in tracking novel SARS-like viruses, investigators have either failed to collect or report key evidence that would be expected if Covid-19 emerged from the wildlife trade. For example, investigators have not determined that the earliest known cases had exposure to intermediate host animals before falling ill.
  • No antibody evidence shows that animal traders in Wuhan are regularly exposed to SARS-like viruses, as would be expected in such situations.
  • In previous outbreaks of coronaviruses, scientists were able to demonstrate natural origin by collecting multiple pieces of evidence linking infected humans to infected animals
  • In contrast, virologists and other scientists agree that SARS‑CoV‑2 required little to no adaptation to spread rapidly in humans and other animals. The virus appears to have succeeded in causing a pandemic upon its only detected jump into humans.
  • it was a SARS-like coronavirus with a unique furin cleavage site that emerged in Wuhan, less than two years after scientists, sometimes working under inadequate biosafety conditions, proposed collecting and creating viruses of that same design.
  • a laboratory accident is the most parsimonious explanation of how the pandemic began.
  • Given what we now know, investigators should follow their strongest leads and subpoena all exchanges between the Wuhan scientists and their international partners, including unpublished research proposals, manuscripts, data and commercial orders. In particular, exchanges from 2018 and 2019 — the critical two years before the emergence of Covid-19 — are very likely to be illuminating (and require no cooperation from the Chinese government to acquire), yet they remain beyond the public’s view more than four years after the pandemic began.
  • it is undeniable that U.S. federal funding helped to build an unprecedented collection of SARS-like viruses at the Wuhan institute, as well as contributing to research that enhanced them.
  • Advocates and funders of the institute’s research, including Dr. Fauci, should cooperate with the investigation to help identify and close the loopholes that allowed such dangerous work to occur. The world must not continue to bear the intolerable risks of research with the potential to cause pandemics.
  • A successful investigation of the pandemic’s root cause would have the power to break a decades-long scientific impasse on pathogen research safety, determining how governments will spend billions of dollars to prevent future pandemics. A credible investigation would also deter future acts of negligence and deceit by demonstrating that it is indeed possible to be held accountable for causing a viral pandemic
  • Last but not least, people of all nations need to see their leaders — and especially, their scientists — heading the charge to find out what caused this world-shaking event. Restoring public trust in science and government leadership requires it.
annabelteague02

U.S. surpasses China, Italy in coronavirus cases; California sees spike as well - Los A... - 0 views

  • The United States has surpassed Italy and China in having the most confirmed coronavirus cases, according to a global case tracker run by Johns Hopkins University.
  • overwhelm hospitals in the coming days and weeks.
  • As of Thursday afternoon, the United States was reporting more than 82,400 cases, above China’s tally of more than 81,700 and Italy’s count of more than 80,500.
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  • The U.S. has reported more than 1,100 deaths, according to Johns Hopkins.
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    US surpasses China and Italy in Corona cases, with a death toll of 1,100, as of yesterday
anonymous

US could be on the cusp of Covid-19 infection surge officials have been dreading, exper... - 0 views

shared by anonymous on 18 Mar 21 - No Cached
  • he US may be on the cusp of another Covid-19 case surge, one expert says -- a surge that health officials have repeatedly warned about as state leaders eased restrictions and several lifted mask mandates.
  • "I think we are going to see a surge in the number of infections,"
  • "I think what helps this time though is that the most vulnerable -- particularly nursing home residents, people who are older -- are now vaccinated. And so we may prevent a spike in hospitalizations and deaths."
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  • The first warning sign came when case numbers, after weeks of steep declines, appeared to level off -- with the country still averaging tens of thousands of new cases daily.
  • But governors cited fewer Covid-19 cases and more vaccinations while lifting measures aimed at curbing the spread of the virus.
  • Chicago officials earlier this month raised indoor capacity for bars, restaurants and other businesses and Baltimore leaders announced Wednesday they were easing restrictions on places including religious facilities, retail stores and malls, fitness centers and food service establishments -- changes that will go into effect next week.
  • Delaware, Montana, Alabama and West Virginia have also seen big increases.
  • The B.1.1.7 variant, she said this week, is projected to become the dominant variant in the US by the end of this month or early April.Despite the warnings, spring break crowds are gathering -- with Florida officials reporting too many people and not enough masks -- and nationwide, air travel numbers are hitting pandemic-era records.
  • Now, as the country inches closer to 30 million reported infections, cases are rising by more than 10% in 14 states this week compared to last week,
  • We're in a race to get the population vaccinated. At the same time, we're fighting people's exhaustion with the restrictions that public health has put in place and we're fighting the move by so many governors to remove the restrictions that are keeping us all safe."
  • Michigan cases are increasing the fastest, with more than a 50% jump this week compared to last,
  • All that while cases of the worrying variants -- notably the highly contagious B.1.1.7 variant -- climbed. The variants have the potential to wipe out all the progress the US made if Americans get lax with safety measures,
  • In West Virginia, Gov. Jim Justice said Wednesday that Covid-19 hospitalizations have "jumped up" slightly
  • Those include the rolling back of restrictions, a prison outbreak, Covid-19 fatigue, a failure to wear masks, and the B.1.1.7 variant fueling the surge, Morse told CNN. Michigan Gov. Gretchen Whitmer eased restrictions earlier this month, upping capacity limits at restaurants as well as in retail stores, gyms and other facilities.
  • There's a long list of factors contributing to the spike in cases in Michigan,
  • Justice had eased restrictions earlier this month, increasing capacity at bars, restaurants and other businesses to 100% and upping the social-gathering limit.
  • During Wednesday's news briefing, he added that the state has had "seven outbreaks in our church community" across five counties.
  • what could play a key role in helping control the pandemic will be more accessible, inexpensive coronavirus tests, top health officials
  • "I do believe that once we have teachers vaccinated that we can use testing in the schools -- serial testing, cadence testing -- to identify potential infections, asymptomatic infections, shut down clusters and keep our schools open."
  • Her remarks came the same day the CDC released updated guidance about testing, saying more and better testing should help catch asymptomatic cases and control the spread.
  • More than 73.6 million Americans have received at least one dose of a Covid-19 vaccine, according to CDC data. And more than 39.9 million people are fully vaccinated -- roughly 12% of the US population. But challenges -- including vaccine hesitancy, disinformation and inequities -- remain, and it's not entirely clear when the US will hit herd immunity -
  • On Wednesday, both Fauci and Walensky pushed back against questions about herd immunity, saying a lot depended on how quickly Americans take vaccines.
  • For now, the US still has a long way to go to overcome vaccine hesitancy,
  • Vaccination is the country's best hope to get beyond the pandemic, he said, "and yet there's all this overlay, and some of it is politics and some of it's social media conspiracy theories and some of it is just distrust of anything that the government had anything to do with."
  • Additionally, in the first two and half months of vaccine distribution, counties considered to have high social vulnerability had lower vaccine coverage than counties considered to have low social vulnerability,
  • The agency's social vulnerability index identifies communities that may need additional support during emergencies based on more than a dozen indicators across four categories: socioeconomic status, household composition, racial/ethnic minority status and housing type.
  • By March 1, vaccination coverage was about 2 percentage points higher in counties with low social vulnerability than in counties with high social vulnerability -- and the differences were largely driven by socioeconomic disparities, particularly differences in the share of the population with a high school diploma and per capita income.
  • Only five states -- Arizona, Montana, Alaska, Minnesota and West Virginia -- had higher coverage in counties with high social vulnerability.
  • Achieving vaccine equity, the CDC said, is an important goal requiring "preferential access and administration to those who have been most affected"
ethanshilling

As Variants Have Spread, Progress Against the Virus in U.S. Has Stalled - The New York ... - 0 views

  • United States coronavirus cases have increased again after hitting a low point late last month, and some of the states driving the upward trend have also been hit hardest by variants, according to an analysis of data from Helix, a lab testing company.
  • “It is a pretty complex situation, because behavior is changing, but you’ve also got this change in the virus itself at the same time,” said Emily Martin, an epidemiologist at the University of Michigan School of Public Health.
  • Michigan has seen the sharpest rise in cases in the last few weeks. B.1.1.7 — the more transmissible and more deadly variant of the coronavirus that was first discovered in the United Kingdom — may now make up around 70 percent of all of the state’s new cases, according to the Helix data.
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  • Several states in the Northeast also have among the country’s worst outbreaks now. Connecticut, New Jersey and Pennsylvania, among others, are all experiencing marked rises in case counts, and labs have identified both the B.1.1.7 variant and large shares of another variant, B.1.526.
  • The B.1.526 variant, which first appeared in New York City in samples from November, appears in two forms: one with a mutation that may help the virus evade antibodies and another that may help it bind more tightly to human cells.
  • The outbreak in the Northeast is currently much worse than it is in California, but California faces a variant of its own that makes up a large share of cases.
  • Studies have indicated the variant first discovered in California, B.1.427/B.1.429, may also be more transmissible than earlier forms of the virus, but it does not appear to spread as quickly as B.1.1.7.
  • Like the variant first discovered in New York City, the B.1.427/B.1.429 variant has also been seen in high levels in neighboring states, including Arizona, but does not yet make up a significant number of cases outside the region.
  • In Michigan, Covid-19 hospitalizations are already more than three times higher than they were a month ago. Other states with rising cases are also seeing significant increases in hospitalized Covid-19 patients.
  • The vaccine rollout continues to speed up, and recent studies confirm that vaccines are effective against the coronavirus in the real world, giving experts hope that an end may be in sight. But with increased transmission, they say, comes a renewed need for caution in the immediate term.
  • “I think we’ve got to hang on just a little bit longer, being conservative and getting more people vaccinated,” Dr. Martin said. “I’d hate to see us having another hospital surge when we’re getting so close to being done with this. I’m definitely worried about it.”
xaviermcelderry

C.D.C. Warns New Virus Variant Could Fuel Huge Spikes in Covid Cases - The New York Times - 0 views

  • ederal health officials sounded the alarm Friday about a fast spreading, far more contagious variant of the coronavirus that is projected to become the dominant source of infection in the country by March, potentially fueling another wrenching surge of cases and deaths.
  • Only 76 cases of the variant have been identified so far in the U.S., but the actual number is believed to be higher and is expected to spiral upward in the next few weeks, officials said.
  • But spikes in cases threaten to cripple already overwhelmed hospitals and nursing homes in many parts of the country. Some are at or near capacity. Others have faced troubling rates of infection among their staff, causing shortages and increasing patient loads.
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  • “I want to stress that we are deeply concerned that this strain is more transmissible and can accelerate outbreaks in the U.S.
  • Covid cases and deaths have broken record after record across the country, with a peak number of deaths, 4,400, announced on Tuesday. At least 3,973 new deaths and 238,390 new cases were reported on Thursday, and the nation is nearing a milestone of 400,000 deaths.
  • The new variant, called B 1.1.7 was first identified in Britain, where it rapidly became the primary source of infections, accounting for as many 60 percent of new cases diagnosed in London and surrounding areas.
  • In the new report, C.D.C. scientists modeled how quickly the variant might spread in the United States, assuming about 10 percent to 30 percent of people have pre-existing immunity to the virus, and another 1 million people will be vaccinated each week beginning this month.
  • It’s not yet clear what makes the new variants more contagious. They share at least one mutation, called N501Y, that is thought to be involved. One possibility, researchers said, is that the mutation may increase the amount of virus in the nose but not in the lungs — potentially explaining why it is more contagious, but not more deadly.A higher amount of virus in the nose means anyone infected would expel more virus while talking, singing, coughing or even breathing, said Trevor Bedford, an evolutionary biologist at the Fred Hutchinson Cancer Research Center in Seattle
  • Federal health officials sounded the alarm Friday about a fast spreading, far more contagious variant of the coronavirus that is projected to become the dominant source of infection in the country by March, potentially fueling another wrenching surge of cases and deaths.
  • The variant is not known to be more deadly or to cause more severe disease. But the dire warning — hedged by limited data about just how prevalent the variant first identified in Britain has become — landed in a week where the nation’s nascent vaccination campaign was hampered by confusion and limited supplies as demand grew among growing numbers of eligible people
  • Only 76 cases of the variant have been identified so far in the U.S., but the actual number is believed to be higher and is expected to spiral upward in the next few weeks, officials said.
  • One in 860 Americans have died of Covid-19 in the last year, according to new figures released by the C.D.C. But the burden of deaths has not fallen equally across racial, ethnic lines and geographic regions, and there is concern that vaccines will not reach the hardest hit communities, where access to health services is limited and distrust is rampant. Editors’ PicksFor Pro Athlete Leading Social Justice Push, a Victory and UncertaintyJames Comey’s View of Justice — and How It Differs From Donald Trump’sHow ‘Orwellian’ Became an All-Purpose InsultAdvertisementContinue reading the main storyImage
  • But spikes in cases threaten to cripple already overwhelmed hospitals and nursing homes in many parts of the country. Some are at or near capacity. Others have faced troubling rates of infection among their staff, causing shortages and increasing patient loads.
  • If the variant is about 50 percent more contagious, as suggested by data from Britain, it will become the predominant source of all infections in the United States by March, the model showed. A slow rollout of vaccinations will hasten that fate.
urickni

Supreme Court Considers Whether Civil Rights Act Protects L.G.B.T. Workers - The New Yo... - 0 views

  • In a pair of exceptionally hard-fought arguments on Tuesday, the Supreme Court struggled to decide whether a landmark 1964 civil rights law bars employment discrimination based on sexual orientation and transgender status.
    • urickni
       
      this piece of media has a basis in the civil rights movement, with a special focus in the 1964 laws and the stipulations they imply
  • Job discrimination against gay and transgender workers is legal in much of the nation
  • If the court decides that the law, Title VII of the Civil Rights Act, applies to many millions of lesbian, gay, bisexual and transgender employees across the nation, they would gain basic protections that other groups have long taken for granted.
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  • The cases were the court’s first on L.G.B.T. rights since the retirement last year of Justice Anthony M. Kennedy
    • urickni
       
      first under Kavanaugh
  • For the most part, the justices seemed divided along predictable ideological lines on Tuesday. But there was one possible exception: Justice Neil M. Gorsuch
  • Justice Gorsuch is an avowed believer in textualism, meaning that he considers the words Congress enacted rather than evidence drawn from other sources.
  • But he added that he was worried about “the massive social upheaval” that would follow
  • Title VII outlawed discrimination based on race, religion, national origin and, notably, sex. The question for the justices was how broadly to read that last term.
  • the justices considered a host of flash points in the culture wars involving the L.G.B.T. community — including sports, dress codes, religious objections to same-sex couples and, especially, bathrooms.
  • Justice Alito suggested that it would be absurd to conclude that when Congress passed Title VII, it intended to protect gay people. “You’re trying to change the meaning of what Congress understood sex to mean and what everybody understood,”
    • urickni
       
      historical connotations to terminologies and how they evolve over time
  • “When an employer fires a male employee for dating men but does not fire female employees who date men,” Ms. Karlan said, “he violates Title VII.”
  • Justice Stephen G. Breyer said that firing a member of a gay couple was no different from firing a Catholic for marrying a Jew.
  • “There are many people, at least in the religious context,” he said, “who are against intermarriage and are not against Catholics or Jews. That’s not an unrealistic example.”
  • A lawyer for the employers in the sexual-orientation cases, Jeffrey M. Harris, argued that if Congress had meant to cover L.G.B.T. people, there would have been no need for states to address the question in their own laws, which some two dozen have done.
  • The cases concerning gay rights are Bostock v. Clayton County, Ga., No. 17-1618, and Altitude Express Inc. v. Zarda, No. 17-1623. The case on transgender rights is R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission
katherineharron

10 cases that could change how the Supreme Court looks at the Second Amendment - CNNPol... - 0 views

  • The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public.
  • It's been over a decade since 2008's landmark 5-4 ruling in District of Columbia v Heller that held the Second Amendment protects an individual's right to keep and bear arms at home for self-defense. Except for a follow-up decision two years later, the court has not weighed in significantly again.
  • "The Court's composition has changed considerably since Heller,
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  • A New York City law regulated where licensed handgun owners can take a locked and unloaded handgun, but it was changed before the court would rule after supporters of gun regulations feared the justices would take an idiosyncratic state law and use it as a vehicle to expand upon Heller. But conservative justices were clearly unhappy with how lower courts were deciding Second Amendment cases.
  • Five of the 10 cases the court is looking at ask justices to determine whether the Second Amendment allows the government to restrict the ability of citizens to carry a firearm outside the home to those with "good cause" or "justifiable need" to do so.
  • The law "effectively bars ordinary, law-abiding citizens from carrying handguns outside the home for self-defense," Paul Clement, a lawyer for Rogers, said in court papers. Clement is a former solicitor general under President George W. Bush.
  • In court papers, New Jersey said it has not "banned carrying a firearm in public; instead, the State has carefully limited public carrying to those individuals with a need to do so."
  • We hope the court will consider the issue of carry outside the home, as the lower courts have ignored existing Supreme Court precedent regarding the right to bear arms," said the NRA's Amy Hunter.
  • The plaintiffs in the Massachusetts case, including two firearm dealers and the Gun Owners' Action League, claim that the law is contrary to the decision in Heller, in which Justice Antonin Scalia wrote that Washington, DC's ban on handgun possession in the home "violates the Second Amendment."
  • Massachusetts Attorney General Maura Healey said the state's ban is on "weapons with distinct military origins that are used disproportionately in mass public shootings and killings of law enforcement officers."
  • The court also previously declined to weigh in on challenge to a Chicago suburb's ban on semiautomatic firearms with the capacity to accept more than 10 rounds of ammunition in 2015.
  • Kavanaugh testified at his Senate confirmation hearing in 2018 that he based his opinion on the Heller decision. "This is all about precedent for me," he said and noted that Scalia had said that dangerous and unusual weapons could be prohibited. Kavanaugh said it's "very important to recognize under the Heller decision that machine guns can be prohibited" but he continued that the ban at issue "seemed to fit common use and not being a dangerous and unusual weapon."
  • one case challenges the federal ban on out-of-state handgun purchases. The plaintiff, Frederic Russell Mance, Jr. attempted to sell handguns to Tracey and Andrew Hanson, who were residents of the District of Columbia, in Texas. However, federal law generally makes it illegal for a licensed firearms dealer to sell any firearm to a person who does not reside in the same state.
  • Pena v. Horan concerns California's Unsafe Handgun Act, requiring new models of semiautomatic handguns manufactured or sold in the state to include certain safety features.
  • "When the court will take another gun case, what it will be, and what the court will decide is all guesswork," said Jonathan Lowy, chief counsel and vice president of pro-gun safety organization Brady: United Against Gun Violence. "They could grant cert in these cases as soon this week, or soon after, and we will be ready to ensure that Americans' right to life is not infringed upon by the gun industry."
  • "The bottom line is that is that the American public overwhelming supports gun safety laws and what we've seen over the last two years in statehouses across the country lawmakers are responding to that," he said. "So the gun lobby is looking to the courts."
clairemann

The Mississippi abortion case threatens birth control and sexual rights. - 0 views

  • The constitutional right to abortion is under concerted attack by a deeply conservative Supreme Court. Last month, the Supreme Court permitted Texas’ ban on abortion at six weeks to go into effect in a one-paragraph ruling decided without full briefing and oral argument,
  • On Dec. 1, the court will consider the constitutionality of Mississippi’s ban on abortion after 15 weeks of pregnancy in Dobbs v. Jackson Women’s Health Organization. In Dobbs, Mississippi is urging the Supreme Court to overrule Roe v. Wade and take away from millions of Americans the fundamental right to control their bodies, choose whether and when to start a family, determine their life course, and participate as equals in American life.
  • destabilize a central part of the court’s jurisprudence protecting fundamental constitutional rights. As a result, Dobbs also threatens the fundamental rights to use birth control, marry a loved one, and make decisions about sexual intimacy.
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  • the right to abortion cannot be a constitutional right because states restricted abortion in 1868 at the time of the ratification of the 14th Amendment. Mississippi argues that the public in 1868 would have understood the 14th Amendment to permit state restrictions on abortion to continue.
  • This is not a new argument—it formed the basis of then-Justice William Rehnquist’s dissent in Roe and was made repeatedly by Justice Antonin Scalia over the course of his career on the bench, including in his dissent in Casey
  • Chief Justice John Roberts recognized in his confirmation testimony, it is “completely circular,” using state practice to interpret the constraints the 14th Amendment was written to impose on the states.
  • the text and history of the 14th Amendment provide no support for the idea that the courts should look to state practice in 1868 to define the scope of the amendment’s protections.
  • For good reason, state practice in 1868 has never been a measure of what fundamental, personal rights are guaranteed against state infringement by the 14th Amendment. This is illustrated not only by Roe and Casey—which explicitly rejected the idea that the state practice in 1868 fixes the fundamental rights for all future generations—but also by many other landmark Supreme Court rulings vindicating the 14th Amendment’s promise of liberty for all.
  • In 1965, in Griswold v. Connecticut, the Supreme Court struck down a restriction on the use of birth control dating back to 1879, holding that it infringed on the right of a married couple to choose whether to start a family and bear children.
  • In 2003, in Lawrence v. Texas, the Supreme Court held that the 14th Amendment protected a right to sexual intimacy by LGBTQ adults, despite a very long history of laws that prohibited same-sex intimacy and sexual conduct. In Obergefell v. Hodges in 2015, the Supreme Court held that the 14th Amendment guaranteed the right to marry a loved one of the same sex, even though marriage had historically been limited to a union of a man and a woman. Both decisions drew on Loving to safeguard bedrock rights to love, marry, and form a family, ensuring equal dignity to LGBTQ persons.
  • If the fundamental rights protected by the 14th Amendment are determined by looking to state practice in 1868—as Mississippi and its allies urge—Loving’s holding protecting the right to marry as a fundamental right would be in doubt, as would many other landmark precedents, including Lawrence and Obergefell.
  • It explicitly rejects Loving’s reasoning, arguing that the Supreme Court was wrong to recognize a fundamental right to marry in that case. It claims that Lawrence and Obergefell are “lawless” rulings and urges the Supreme Court in Dobbs to leave “those decisions hanging by a thread.”
Javier E

Warnings Ignored: A Timeline of Trump's COVID-19 Response - The Bulwark - 0 views

  • the White House is trying to establish an alternate reality in which Trump was a competent, focused leader who saved American people from the coronavirus.
  • it highlights just how asleep Trump was at the switch, despite warnings from experts within his own government and from former Trump administration officials pleading with him from the outside.
  • Most prominent among them were former Homeland Security advisor Tom Bossert, Commissioner of the Food and Drug Administration Scott Gottlieb, and Director for Medical and Biodefense Preparedness at the National Security Council Dr. Luciana Borio who beginning in early January used op-eds, television appearances, social media posts, and private entreaties to try to spur the administration into action.
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  • what the administration should have been doing in January to prepare us for today.
  • She cites the delay on tests, without which “cases go undetected and people continue to circulate” as a leading issue along with other missed federal government responses—many of which are still not fully operational
  • The prescient recommendations from experts across disciplines in the period before COVID-19 reached American shores—about testing, equipment, and distancing—make clear that more than any single factor, it was Trump’s squandering of out lead-time which should have been used to prepare for the pandemic that has exacerbated this crisis.
  • What follows is an annotated timeline revealing the warning signs the administration received and showing how slow the administration was to act on these recommendations.
  • The Early Years: Warnings Ignored
  • 2017: Trump administrations officials are briefed on an intelligence document titled “Playbook for Early Response to High-Consequence Emerging Infectious Disease Threats and Biological Incidents.” That’s right. The administration literally had an actual playbook for what to do in the early stages of a pandemic
  • February 2018: The Washington Post writes “CDC to cut by 80 percent efforts to prevent global disease outbreak.” The meat of the story is “Countries where the CDC is planning to scale back include some of the world’s hot spots for emerging infectious disease, such as China, Pakistan, Haiti, Rwanda and Congo.”
  • May 2018: At an event marking the 100 year anniversary of the 1918 pandemic, Borio says “pandemic flu” is the “number 1 health security issue” and that the U.S. is not ready to respond.
  • One day later her boss, Rear Adm. Timothy Ziemer is pushed out of the administration and the global health security team is disbanded
  • Beth Cameron, former senior director for global health security on the National Security Council adds: “It is unclear in his absence who at the White House would be in charge of a pandemic,” Cameron said, calling it “a situation that should be immediately rectified.” Note: It was not
  • January 2019: The director of National Intelligence issues the U.S. Intelligence Community’s assessment of threats to national security. Among its findings:
  • A novel strain of a virulent microbe that is easily transmissible between humans continues to be a major threat, with pathogens such as H5N1 and H7N9 influenza and Middle East Respiratory Syndrome Coronavirus having pandemic potential if they were to acquire efficient human-to-human transmissibility.”
  • Page 21: “We assess that the United States and the world will remain vulnerable to the next flu pandemic or large scale outbreak of a contagious disease that could lead to massive rates of death and disability, severely affect the world economy, strain international resources, and increase calls on the United States for support.”
  • September, 2019: The Trump Administration ended the pandemic early warning program, PREDICT, which trained scientists in China and other countries to identify viruses that had the potential to turn into pandemics. According to the Los Angeles Times, “field work ceased when funding ran out in September,” two months before COVID-19 emerged in Wuhan Province, China.
  • 2020: COVID-19 Arrives
  • anuary 3, 2020: The CDC is first alerted to a public health event in Wuhan, China
  • January 6, 2020: The CDC issues a travel notice for Wuhan due to the spreading coronavirus
  • Note: The Trump campaign claims that this marks the beginning of the federal government disease control experts becoming aware of the virus. It was 10 weeks from this point until the week of March 16 when Trump began to change his tone on the threat.
  • January 10, 2020: Former Trump Homeland Security Advisor Tom Bossert warns that we shouldn’t “jerk around with ego politics” because “we face a global health threat…Coordinate!”
  • January 18, 2020: After two weeks of attempts, HHS Secretary Alex Azar finally gets the chance to speak to Trump about the virus. The president redirects the conversation to vaping, according to the Washington Post. 
  • January 21, 2020: Dr. Nancy Messonnier, the director of the National Center for Immunization and Respiratory Disease at the CDC tells reporters, “We do expect additional cases in the United States.”
  • January 27, 2020: Top White House aides meet with Chief of Staff Mick Mulvaney to encourage greater focus on the threat from the virus. Joe Grogan, head of the White House Domestic Policy Council warns that “dealing with the virus was likely to dominate life in the United States for many months.”
  • January 28, 2020: Two former Trump administration officials—Gottlieb and Borio—publish an op-ed in the Wall Street Journal imploring the president to “Act Now to Prevent an American Epidemic.” They advocate a 4-point plan to address the coming crisis:
  • (1) Expand testing to identify and isolate cases. Note: This did not happen for many weeks. The first time more than 2,000 tests were deployed in a single day was not until almost six weeks later, on March 11.
  • (3) Prepare hospital units for isolation with more gowns and masks. Note: There was no dramatic ramp-up in the production of critical supplies undertaken. As a result, many hospitals quickly experienced shortages of critical PPE materials. Federal agencies waited until Mid-March to begin bulk orders of N95 masks.
  • January 29, 2020: Trump trade advisor Peter Navarro circulates an internal memo warning that America is “defenseless” in the face of an outbreak which “elevates the risk of the coronavirus evolving into a full-blown pandemic, imperiling the lives of millions of Americans.”
  • January 30, 2020: Dr. James Hamblin publishes another warning about critical PPE materials in the Atlantic, titled “We Don’t Have Enough Masks.”
  • January 29, 2020: Republican Senator Tom Cotton reaches out to President Trump in private to encourage him to take the virus seriously.
  • Late January, 2020:  HHS sends a letter asking to use its transfer authority to shift $136 million of department funds into pools that could be tapped for combating the coronavirus. White House budget hawks argued that appropriating too much money at once when there were only a few U.S. cases would be viewed as alarmist.
  • Trump’s Chinese travel ban only banned “foreign nationals who had been in China in the last 14 days.” This wording did not—at all—stop people from arriving in America from China. In fact, for much of the crisis, flights from China landed in America almost daily filled with people who had been in China, but did not fit the category as Trump’s “travel ban” defined it.
  • January 31, 2020: On the same day Trump was enacting his fake travel ban, Foreign Policy reports that face masks and latex gloves are sold out on Amazon and at leading stores in New York City and suggests the surge in masks being sold to other countries needs “refereeing” in the face of the coming crisis.
  • February 4, 2020: Gottlieb and Borio take to the WSJ again, this time to warn the president that “a pandemic seems inevitable” and call on the administration to dramatically expand testing, expand the number of labs for reviewing tests, and change the rules to allow for tests of people even if they don’t have a clear known risk factor.
  • Note: Some of these recommendations were eventually implemented—25 days later.
  • February 5, 2020: HHS Secretary Alex Azar requests $2 billion to “buy respirator masks and other supplies for a depleted federal stockpile of emergency medical equipment.” He is rebuffed by Trump and the White House OMB who eventually send Congress a $500 million request weeks later.
  • February 4 or 5, 2020: Robert Kadlec, the assistant secretary for preparedness and response, and other intelligence officials brief the Senate Intelligence Committee that the virus poses a “serious” threat and that “Americans would need to take actions that could disrupt their daily lives.”
  • February 5, 2020: Senator Chris Murphy tweets: Just left the Administration briefing on Coronavirus. Bottom line: they aren't taking this seriously enough. Notably, no request for ANY emergency funding, which is a big mistake. Local health systems need supplies, training, screening staff etc. And they need it now.
  • February 9, 2020: The Washington Post reports that a group of governors participated in a jarring meeting with Dr. Anthony Fauci and Dr. Robert Redfield that was much more alarmist than what they were hearing from Trump. “The doctors and the scientists, they were telling us then exactly what they are saying now,” Maryland Gov. Larry Hogan (R) said.
  • the administration lifted CDC restrictions on tests. This is a factually true statement. But it elides that fact that they did so on March 3—two critical weeks after the third Borio/Gottlieb op-ed on the topic, during which time the window for intervention had shrunk to a pinhole.
  • February 20, 2020: Borio and Gottlieb write in the Wall Street Journal that tests must be ramped up immediately “while we can intervene to stop spread.”
  • February 23, 2020: Harvard School of Public Health professor issues warning on lack of test capability: “As of today, the US remains extremely limited in#COVID19 testing. Only 3 of ~100 public health labs haveCDC test kits working and CDC is not sharing what went wrong with the kits. How to know if COVID19 is spreading here if we are not looking for it.
  • February 24, 2020: The Trump administration sends a letter to Congress requesting a small dollar amount—between $1.8 billion and $2.5 billion—to help combat the spread of the coronavirus. This is, of course, a pittance
  • February 25, 2020: Messonier says she expects “community spread” of the virus in the United States and that “disruption to everyday life might be severe.” Trump is reportedly furious and Messonier’s warnings are curtailed in the ensuing weeks.
  • Trump mocks Congress in a White House briefing, saying “If Congress wants to give us the money so easy—it wasn’t very easy for the wall, but we got that one done. If they want to give us the money, we’ll take the money.”
  • February 26, 2020: Congress, recognizing the coming threat, offers to give the administration $6 billion more than Trump asked for in order to prepare for the virus.
  • February 27, 2020: In a leaked audio recording Sen. Richard Burr, chairman of the Intelligence Committee and author of the Pandemic and All-Hazards Preparedness Act (PAHPA) and the Pandemic and All-Hazards Preparedness and Advancing Innovation Act (reauthorization of PAHPA), was telling people that COVID-19 “is probably more akin to the 1918 pandemic.”
  • March 4, 2020: HHS says they only have 1 percent of respirator masks needed if the virus became a “full-blown pandemic.”
  • March 3, 2020: Vice President Pence is asked about legislation encouraging companies to produce more masks. He says the Trump administration is “looking at it.”
  • March 7, 2020: Fox News host Tucker Carlson, flies to Mar-a-Lago to implore Trump to take the virus seriously in private rather than embarrass him on TV. Even after the private meeting, Trump continued to downplay the crisis
  • March 9, 2020: Tom Bossert, Trump’s former Homeland Security adviser, publishes an op-ed saying it is “now or never” to act. He advocates for social distancing and school closures to slow the spread of the contagion.
  • Trump says that developments are “good for the consumer” and compares COVID-19 favorably to the common flu.
  • March 17, 2020: Facing continued shortages of the PPE equipment needed to prevent healthcare providers from succumbing to the virus, Oregon Senators Jeff Merkeley and Ron Wyden call on Trump to use the Defense Production Act to expand supply of medical equipment
  • March 18, 2020: Trump signs the executive order to activate the Defense Production Act, but declines to use it
  • At the White House briefing he is asked about Senator Chuck Schumer’s call to urgently produce medical supplies and ventilators. Trump responds: “Well we’re going to know whether or not it’s urgent.” Note: At this point 118 Americans had died from COVID-19.
  • March 20, 2020: At an April 2nd White House Press Conference, President Trump’s son-in-law Jared Kushner who was made ad hoc point man for the coronavirus response said that on this date he began working with Rear Admiral John Polowczyk to “build a team” that would handle the logistics and supply chain for providing medical supplies to the states. This suggestion was first made by former Trump Administration officials January 28th
  • March 22, 2020: Six days after calling for a 15-day period of distancing, Trump tweets that this approach “may be worse than the problem itself.”
  • March 24, 2020: Trump tells Fox News that he wants the country opened up by Easter Sunday (April 12)
  • As Trump was speaking to Fox, there were 52,145 confirmed cases in the United States and the doubling time for daily new cases was roughly four days.
anonymous

India Sees Spike In Confirmed Coronavirus Cases - And Variants : Coronavirus Updates : NPR - 0 views

  • India is seeing a substantial number of coronavirus variants. But it is unclear whether these are contributing to a new surge in cases there. On Wednesday, India reported 47,262 new cases, the highest jump since November. Coronavirus-related fatalities are also increasing with 275 deaths reported on Wednesday, the most India has seen this year.
  • Several virus variants have appeared in thousands of samples collected across Indian states. Some of the samples have contained viruses with two concerning mutations, one first identified in the U.K. and another in South Africa.Yet the ministry said that even though they've identified the "double mutant" variant, this and other variants "have not been detected in numbers sufficient to either establish or direct relationship or explain the rapid increase in cases in some states."
  • The western Indian state of Maharashtra, home to the commercial capital Mumbai, is leading the surge and is responsible for more than 60% of new infections. On Wednesday, Mumbai reported more than 5,000 new cases, the most it has seen since the pandemic began. The capital New Delhi is also experiencing an uptick in cases, and authorities there and in Mumbai have begun testing people randomly at airports, railway stations and crowded markets. In Mumbai, entry into shopping malls is prohibited unless visitors show a negative COVID-19 report.
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  • Both cities have also banned celebrations of the upcoming Hindu festival of Holi, where people gather in large groups and smear colored powder on each other. Authorities have also expressed concern about another Hindu gathering, the Kumbh Mela, held in the northern Indian town of Haridwar. It is expected to attract tens of millions of pilgrims from across the country and the government is urging local officials to ramp up testing.
  • Meanwhile, India has relaxed eligibility rules for coronavirus vaccinations. Starting in April, anyone who is 45 years of age or older will be allowed to get a coronavirus shot. India began its massive immunization campaign in mid-January starting with healthcare and frontline workers, followed by elderly people and people above 45 years of age with certain health conditions. Calls to open up the vaccination program to all adults have been growing, especially as cases rise.
  • India's second wave comes one year after Prime Minister Narendra Modi announced a strict lockdown with barely four hours' notice that left poor migrant workers stranded and pushed the economy into a recession. Infections began climbing when the lockdown was lifted in June and reached a peak of nearly 100,000 cases a day last September. India has the third-highest coronavirus caseload in the world, after the United States and Brazil.
clairemann

Opinion | Testing Time at the Supreme Court - The New York Times - 0 views

  • The case that the Supreme Court heard this week about a California law granting union organizers access to private farms has been described as a labor case, which it marginally is. It has also been described as a case about property rights, which it definitely is.
  • the political right may finally be able to take the Supreme Court for granted.
  • Describing a 1956 Supreme Court decision, N.L.R.B. v. Babcock & Wilcox, Justice Kavanaugh said that “we decided unanimously in 1956 how to balance property rights against union organizing rights in the Babcock case.” The California law at issue now, he pointed out, tilted the balance in favor of the union further than that precedent authorized.
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  • “I agree that we would prevail under Babcock,” Mr. Thompson replied, “but I don’t think that question is fairly presented by this case.”
  • “What if California had a regulation that permitted union organizers to go onto the property of your clients one hour a day, one day a year. Is that a taking subject to the per se rule?”Yes, the lawyer replied.
  • who may be giving Justice Elena Kagan a run for her money in the department of well-designed hypothetical questions — surely knew.
  • Until that decision, the court had limited the definition of a categorical taking to a physical occupation of private property, eminent domain being the prime example. Government actions that didn’t “take” private property in the literal sense, but simply limited its use in certain ways, were regarded as “regulatory takings,”
  • The case left the court sharply divided. It was decided on the final day of the term in 2001 with six separate opinions.
  • That was the war that resumed at the Supreme Court this week, and that history explains why, from the Pacific Legal Foundation’s point of view, anything short of total victory is beside the point.
  • This case is not only a test for the court. It is also a test for those who see the court as now populated with their ideological allies. What demands does one make of one’s friends?
  • If I had to predict the outcome, I think the court’s eventual decision will send the Cedar Point Nursery case back to the U.S. Court of Appeals for the Ninth Circuit with instructions to evaluate the California law as a regulatory rather than a categorical taking.
katherineharron

US Coronavirus: Michigan's Covid-19 crisis could be a sign of what's to come for the US... - 0 views

  • As the US races to vaccinate more Americans, Covid-19 cases and hospitalizations are rising, predominantly among younger people who haven't yet gotten a shot.
  • Some experts worry this might only be the start of what's to come in the next weeks. Michigan is already in the middle of a violent surge
  • "Michigan is really the bellwether for what it looks like when the B.1.1.7 variant ... spreads in the United States," Dr. Celine Gounder told CNN on Sunday. "It's causing a surge in cases and it's causing more severe disease, which means that even younger people, people in their 30s, 40s and 50s are getting very sick and being hospitalized from this."
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  • Michigan's surge is a combination of two factors, Gounder says: the spread of the B.1.1.7 variant combined with people relaxing on mitigation measures before enough residents are vaccinated.
  • Florida has the highest number of cases of the variant, followed by Michigan, Minnesota and Massachusetts, according to data from the Centers for Disease Control and Prevention.
  • Experts say it's more contagious, may cause more severe disease and may potentially be more deadly. And it's rapidly spreading across the country.
  • Here's why: It takes about two weeks after the Pfizer and Moderna second doses and about two weeks after the Johnson & Johnson vaccine before people are immune, she said. Meanwhile, Gounder added, "the incubation period, which is the time from when you are exposed to when you are infected with coronavirus, is four to five days."close dialogSign up for the Results Are In NewsletterGet the latest expert advice to live a healthier and happier lifeSign me upNo, ThanksBy subscribing you agree to ourPrivacy PolicySign up for the Results Are In NewsletterGet the latest expert advice to live a healthier and happier lifePlease enter aboveSign me upNo, ThanksBy subscribing you agree to ourPrivacy PolicyYou have successfully subscribed.By subscribing you agree to ourPrivacy Policyclose dialog
  • "So there is no way that a surge in vaccination is going to help curb this when transmission is happening right now," she said.
  • the only thing that will curb transmission right now are measures that take effect immediately.
  • Michigan is now reporting thousands of new Covid-19 cases daily, when just weeks ago, state data showed the daily reported case count was as low as 563 cases.
  • "Hospitals are being inundated," Dr. Jonathan Reiner, a professor of medicine and surgery at George Washington University, told CNN. "Michigan needs to shut down."
edencottone

Biden Justice Department wields controversial Trump-era legal tools - POLITICO - 0 views

  • President Joe Biden’s Justice Department is defending its use of an anti-riot statute that critics say is racist — a tool the Trump-era DOJ made aggressive use of to pursue some of those accused of violence in connection with last year’s racial justice protests.
  • “Constitutional statutory analysis begins with the statute’s plain language, not its provenance,” the brief prosecutors filed Friday in U.S. District Court in Portland, Ore., says. Spokespeople for the Justice Department could not say on Monday whether senior officials in Washington had approved the arguments submitted in Oregon late last week.
  • The government’s detailed new defense of the law came in the case against Kevin Phomma, an Oregon man charged with assaulting police officers last August during a protest outside a Portland Immigration and Customs Enforcement building.
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  • Phomma is accused of deploying bear spray at police — the same kind of act alleged in some high-profile cases stemming from the Capitol riot, including charges unveiled Monday against suspects accused of assaulting a Capitol Police officer who later died, Brian Sicknick.
  • Defense attorneys, led by the federal public defenders’ office in Portland, have noted that the 1968 civil disorder law was dubbed the “Civil Obedience Act” by its main proponent, avowed segregationist Sen. Russell Long of Louisiana. The title appears to have been a deliberate swipe at civil rights leaders urging civil disobedience, such as Rev. Martin Luther King, Jr.
  • “Because Senator Long believed that criticism of white supremacy and demands for racial justice were bound to cause riots, he proposed the Civil Obedience Act as a tool to suppress such expression,” defense motions filed in several cases earlier this year argued.
  • It’s unclear whether Friday’s filing, submitted by lawyers from the office of the acting U.S. Attorney in Portland, Scott Asphaug, received such approval. Justice Department spokespeople did not respond to several requests Monday for comments on the brief.
  • About 40 of those defendants face, or faced, charges under the disputed statute.
  • Earlier this month, prosecutors dropped their case against Jesse Bates, a Seattle man accused of shooting firefighters with a ball-bearing wrist slingshot during a protest in Portland last July that occurred as a building burned nearby. The case against Bates was the first one where defense lawyers filed their motion challenging the civil disorder law.
  • Another civil disorder case in Portland was dropped last November, days after the presidential election. Prosecutors said a local court was addressing the matter.
  • That’s because the Capitol cases rely on language in the statute aimed at preventing interference with “any federally protected function,” but the cases from last year’s unrest establish federal jurisdiction by claiming the crimes took place during protests that interfered with interstate commerce.
  • While defense lawyers argue that Congress could only regulate activities that have a “substantial” impact on interstate commerce, prosecutors say a minimal impact on commerce from the civil unrest is sufficient to employ the law and the individual defendant’s actions don’t have to have had any direct impact on commerce.
  • One of the first of last year’s wave of civil disorder cases to reach sentencing was that of Abdimanan Habib, a Fargo, N.D., resident who admitted to throwing rocks at police and attempting to ignite an alcohol-filled bottle during unrest that followed racial justice protests in that city last May.
anonymous

Derek Chauvin Trial: 14 Jurors Are Seated To Hear Case Of George Floyd Killing : NPR - 0 views

  • A 14th juror was selected in former Minneapolis police officer Derek Chauvin's murder trial on Monday, one week before opening arguments are scheduled to begin on March 29. The court initially called for 12 jurors and at least two alternates; it could now add additional jurors to the panel, in case anyone drops out.
  • Chauvin, who is white, is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter in the killing of George Floyd, who was Black. Video recordings showed that Floyd was held facedown on the asphalt — and that Chauvin kept his knee on Floyd's neck for nearly nine minutes.The jury reflects a range of ethnicities, although slightly over half of the jurors have been described in court as white.
  • The trial is expected to last at least four weeks. The two alternate jurors won't know of their status until the panel heads to the deliberation phase. Jury selection in the case has often moved more quickly than was predicted: when it began on March 9, the process was expected to last several weeks, as the judge, prosecutors and defense attorneys quizzed dozens of potential jurors about their lives and any opinions they held about Floyd's death in police custody last Memorial Day.
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  • The relatively fast pace endured despite the loss last week of two jurors who were struck from the panel after they said that because of Minneapolis' recent $27 million settlement with Floyd's family, they could no longer promise to be impartial.
  • The jury reached 14 members days after Cahill denied the defense's motions to move the case to another venue or delay the proceedings – steps that Chauvin's attorney, Eric Nelson, called for because of the potential impact of the settlement news on the jury pool.
  • The initial jury pool included 326 people; as of late last week, Cahill said that the court had questioned around 60 of them. The selection process continued on Monday, as the judge and the two sides of the case sought to ensure the jury is fair and impartial. As of around midday Monday, the defense had used 14 of its 18 challenges and the prosecutors had used 8 of their 10 challenges, Cahill said.
  • In another ruling from Friday, Cahill ruled that only a portion of the evidence and details from an earlier police stop of Floyd would be allowed in the trial.Cahill noted similarities between Floyd's interaction with police on May 25, 2020, and the earlier police stop on May 6, 2019. In both instances, the judge said, there were signs that Floyd had ingested drugs after being approached by police officers. In the two cases, Cahill said, Floyd's physical behavior is "remarkably similar."
  • But the judge also said Floyd's "emotional behavior" from that earlier encounter was not admissible. And he restricted how much of a police video recording from the 2019 arrest could be used in court.The only recordings from the 2019 incident that are relevant to the current case, he added, are segments that could be linked to the cause of Floyd's death and his medical condition.The case is being closely watched, with Floyd's death having inflamed widespread protests against racial inequality and police brutality.
katherineharron

US Coronavirus: US nears 7 million Covid-19 cases as 23 states report rising numbers - CNN - 0 views

  • Nearly half of US states are reporting a rise in cases of Covid-19 as the country nears 7 million cases nationwide -- yet another grim milestone.
  • About 16 states' case numbers are holding steady, while 11 -- Arizona, Connecticut, Delaware, Hawaii, Indiana, Maryland, Ohio, Pennsylvania, South Carolina, Vermont and Virginia -- saw a decline.
  • California became the first state to surpass 800,000 infections, according to Johns Hopkins data. Texas is second, with about 747,500 cases, followed by Florida with some 695,000 cases.
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  • he rate of new cases is up 9% from last week, with a seven-day average of more than 43,000 cases nationwide.
  • "Rather than say, 'A second wave,' why don't we say, 'Are we prepared for the challenge of the fall and the winter?'" said Fauci, the nation's leading infectious disease expert.
  • More than 90% of the population remains susceptible to the virus, US Centers for Disease Control and Prevention Director Dr. Robert Redfield said this week.
  • Across the US, more than 6.9 million people have already been infected with the virus and at least 203,000 Americans have died, per Johns Hopkins data.
  • Cities, counties and states that have managed to bring their Covid-19 cases down should now work to prevent "surges that inevitably will occur if you're not doing the kinds of public health measures that we're talking about," according to Fauci.
  • About 12 states are now seeing mask usage rates above 50%, according to researchers from the University of Washington's Institute for Health Metrics and Evaluation (IHME).
  • If 95% of Americans wore masks, more than 95,000 lives could be saved by January, the IHME projects.
  • "If we listen to the public health measures, not only would we diminish the effect of Covid-19, we might get away with a very, very light flu season if we combine that with getting the flu vaccine," Fauci said.
  • "I don't want to seem preachy about it," he told New Jersey Gov. Phil Murphy during a livestream Thursday on Facebook. "But right now, the infections in the country are driven more by young people, 19 to 25."
  • While vaccines for Covid-19 are being tested, the growing skepticism around them is becoming an "enormous" problem,
  • It's a problem, Schaffner says, "because once we do develop a vaccine, obviously we want people to accept it, but there's growing skepticism ... in the general population."
  • US health experts have previously said it's likely many Americans will opt out of getting the Covid-19 vaccine once one is widely available.
  • And now 62% of Americans believe political pressure from the Trump administration will cause the US Food and Drug Administration to rush approval of a Covid-19 vaccine before Election Day, according to a new health tracking poll from the Kaiser Family Foundation.
  • "These are respected, trained people who are much better at models and statistics and all that other stuff than any of us are," he said during an online conversation with CNN Chief Medical Correspondent Dr. Sanjay Gupta organized by Emory University.
ethanshilling

Supreme Court Hears Holocaust Survivors' Cases Against Hungary and Germany - The New Yo... - 0 views

  • The justices struggled to decide whether a 1976 law that bars most suits against other nations allows Jewish victims to sue over the theft of their property.
  • The Supreme Court, wary in the past of cases concerning conduct by and against foreigners that took place abroad, heard arguments on Monday over whether American courts have a role in deciding whether Hungary and Germany must pay for property said to have been stolen from Jews before and during World War II.
  • The Trump administration took issue with the rulings, filing briefs and presenting arguments supporting efforts to limit review in American courts.
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  • The Hungarian case, Republic of Hungary v. Simon, No. 18-1447, was brought by 14 Holocaust survivors, four of them United States citizens, who said their property was stolen by Hungary and its state-owned railway, which deported hundreds of thousands of Jews to Nazi death camps in the summer of 1944.
  • Gregory Silbert, a lawyer for Hungary, said its courts should be allowed to address the matter.
  • Three-judge panels of the United States Court of Appeals for the District of Columbia Circuit ruled against both Hungary and Germany, saying the cases could proceed
  • The German case, Federal Republic of Germany v. Philipp, No. 19-351, concerns the Guelph Treasure, a trove of medieval religious art that was once owned by a consortium of Jewish art dealers in Frankfurt and that is now estimated to be worth $250 million.
  • The basic legal question for the justices in both cases is whether the disputes should be resolved by American courts
  • Benjamin W. Snyder, a lawyer for the federal government who argued in support of Hungary, took a position that frustrated several justices.
  • “The State Department simply doesn’t feel that it has sufficient information to provide the court with a recommendation,” Mr. Snyder said.
  • Ms. Harrington responded that her case, a potential class action, was at an early stage and that “it’s pure speculation at this point” to try to calculate her clients’ damages.
  • A supporting brief from Hungarian Holocaust victims argued that trying to sue in that country was pointless. It described a case brought there by a 92-year-old plaintiff whose suit was dismissed for lack of evidence beyond her sworn testimony and who was ordered to pay the government’s legal fees.
  • “This would put courts of the United States,” Mr. Kneedler said, “in the business of making sensitive judgments about the conduct of foreign governments, including perhaps some of our closest allies
rerobinson03

How Are Americans Catching the Virus? Increasingly, 'They Have No Idea' - The New York ... - 0 views

  • That outbreak was extinguished months ago, and these days, when he heads into City Hall, the situation is far more nebulous. The virus has spread all over town.
  • As the coronavirus soars across the country, charting a single-day record of 99,155 new cases on Friday and surpassing nine million cases nationwide, tracing the path of the pandemic in the United States is no longer simply challenging. It has become nearly impossible.
  • Now, there are so many cases, in so many places, that many people are coming to a frightening conclusion: They have no idea where the virus is spreading.
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  • But as cases skyrocket again in many states, many health officials have conceded that interviewing patients and dutifully calling each contact will not be enough to slow the outbreak. “Contact tracing is not going to save us,” said Dr. Ogechika Alozie, chief medical officer at Del Sol Medical Center in El Paso, where hospitalizations in the county have soared by more than 400 percent and officials issued a new order for residents to stay at home.
  • Uncovering the path of transmission from person to person, known as contact tracing, is seen as a key tool for containing the spread of the coronavirus.
  • Infections are rising in 41 states, the country is recording an average of more than 79,000 new cases each day, and more Americans say they feel left to do their own lonely detective work.
  • The problem, of course, is that failing to fully track the virus makes it much harder to get a sense of where the virus is flourishing, and how to get ahead of new outbreaks.
  • In some places, overwhelmed health officials have abandoned any pretense of keeping up.
  • Now, though, any sense of control has vanished. Active cases of Covid-19 have quadrupled since the beginning of October to 912 in Grand Forks County, and about half the people contacted by the health department say they are not sure how they became infected.
  • In earlier, quieter periods of the pandemic, the virus spread with some degree of certainty. In all but the hardest-hit cities, people could ask a common question — “Where did you get it?” — and often find tangible answers.
  • A popular college bar in East Lansing, Mich., Harper’s Restaurant and Brewpub, became a hot spot this summer after dozens of people piled into the bar, drinking, dancing and crowding close together. At least 192 people — 146 people at the bar and 46 people with ties to those at the bar — were infected. Afterward, Gov. Gretchen Whitmer shut down indoor dining in bars in parts of the state.
  • Heidi Stevens is among the newly infected who considers her case a mystery. As a columnist at The Chicago Tribune, Ms. Stevens works from home. Her children attend school online. She wears a mask when she goes for a run, and she has not had a haircut since January.So when she got a precautionary test a few weeks ago, with the hopes of inviting friends over to have cake for her daughter’s 15th birthday, Ms. Stevens was shocked to learn she was positive.
clairemann

Justices to weigh Kentucky attorney general's effort to intervene in abortion battle - ... - 0 views

  • When then-President Donald Trump released his updated list of potential Supreme Court nominees in September 2020, one name that garnered attention was that of Kentucky Attorney General Daniel Cameron
  • The case, Cameron v. EMW Women’s Surgical Center, arises from a challenge to a Kentucky law, H.B. 454, that generally makes it a crime for doctors to use the “dilation and evacuation” method, the procedure most commonly employed to end a pregnancy during the second trimester.
  • They argued that, because the law effectively outlaws the most common procedure used during the second trimester, it imposes an undue burden on the right to an abortion before the fetus becomes viable – normally somewhere between 22 and 24 weeks.
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  • The district court agreed with the challengers that the law is unconstitutional, and it permanently blocked Kentucky from enforcing the law.
  • A divided 6th Circuit panel turned down Cameron’s request to join the case. It explained that Cameron’s plea had come “years into” the case, after both the district court’s ruling and the 6th Circuit’s opinion upholding that ruling. Granting a motion to intervene after the court of appeals has already issued its opinion, the court reasoned, would “provide potential intervenors every incentive to sit out litigation untill we issue a decision contrary to their preferences, whereupon they can spring into action.”
  • Cameron went to the Supreme Court in October 2020, asking the justices to weigh in on whether he should have been allowed to intervene and, if so, to send the case back to the lower courts for another look in light of their June 2020 decision in June Medical. In March 2021, the court agreed to take up only the procedural question.
  • In the Supreme Court, Cameron framed the case as a “dispute about a State’s sovereign ability to defend its laws.”
  • The attorney general’s office can’t enter the case now, the clinic wrote, because the office didn’t file a notice of appeal from the district court’s 2019 ruling. Allowing Cameron to intervene in the 6th Circuit in 2020, the clinic told the justices, “would create an impermissible end-run around Congress’s express statutory limits on appellate jurisdiction.”
  • there is no reason to disturb the denial of that motion by the court of appeals.
  • Arizona and 22 other states filed a “friend of the court” brief supporting Cameron in which they described the question presented by the case as one “of profound substantive importance to our democratic system of governance.” “States,” they wrote, “have a compelling and indisputable sovereign interest in defending the constitutionality of their laws when challenged in federal court.”
Javier E

Lawyer Who Used ChatGPT Faces Penalty for Made Up Citations - The New York Times - 0 views

  • For nearly two hours Thursday, Mr. Schwartz was grilled by a judge in a hearing ordered after the disclosure that the lawyer had created a legal brief for a case in Federal District Court that was filled with fake judicial opinions and legal citations, all generated by ChatGPT.
  • At times during the hearing, Mr. Schwartz squeezed his eyes shut and rubbed his forehead with his left hand. He stammered and his voice dropped. He repeatedly tried to explain why he did not conduct further research into the cases that ChatGPT had provided to him.
  • “I did not comprehend that ChatGPT could fabricate cases,” he told Judge Castel.
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  • As Mr. Schwartz answered the judge’s questions, the reaction in the courtroom, crammed with close to 70 people who included lawyers, law students, law clerks and professors, rippled across the benches. There were gasps, giggles and sighs. Spectators grimaced, darted their eyes around, chewed on pens.
  • “I continued to be duped by ChatGPT. It’s embarrassing,” Mr. Schwartz said.
  • The episode, which arose in an otherwise obscure lawsuit, has riveted the tech world, where there has been a growing debate about the dangers — even an existential threat to humanity — posed by artificial intelligence. It has also transfixed lawyers and judges.
  • Mr. Schwartz, who has practiced law in New York for 30 years, said in a declaration filed with the judge this week that he had learned about ChatGPT from his college-aged children and from articles, but that he had never used it professionally.He told Judge Castel on Thursday that he had believed ChatGPT had greater reach than standard databases.“I heard about this new site, which I falsely assumed was, like, a super search engine,” Mr. Schwartz said.
  • Avianca asked Judge Castel to dismiss the lawsuit because the statute of limitations had expired. Mr. Mata’s lawyers responded with a 10-page brief citing more than half a dozen court decisions, with names like Martinez v. Delta Air Lines, Zicherman v. Korean Air Lines and Varghese v. China Southern Airlines, in support of their argument that the suit should be allowed to proceed.After Avianca’s lawyers could not locate the cases, Judge Castel ordered Mr. Mata’s lawyers to provide copies. They submitted a compendium of decisions.It turned out the cases were not real.
  • “This case has reverberated throughout the entire legal profession,” said David Lat, a legal commentator. “It is a little bit like looking at a car wreck.”
  • Irina Raicu, who directs the internet ethics program at Santa Clara University, said this week that the Avianca case clearly showed what critics of such models have been saying, “which is that the vast majority of people who are playing with them and using them don’t really understand what they are and how they work, and in particular what their limitations are.”
  • “This case has changed the urgency of it,” Professor Roiphe said. “There’s a sense that this is not something that we can mull over in an academic way. It’s something that has affected us right now and has to be addressed.”
  • In the declaration Mr. Schwartz filed this week, he described how he had posed questions to ChatGPT, and each time it seemed to help with genuine case citations. He attached a printout of his colloquy with the bot, which shows it tossing out words like “sure” and “certainly!”After one response, ChatGPT said cheerily, “I hope that helps!”
Javier E

Libya, Limited Government, and Imperfect Duties | Cato @ Liberty - 0 views

  • What I find striking is the background assumption that whether the United States military has a role to play here is taken to be a simple function of how much we care about other people's suffering. One obvious answer is that caring or not caring simply doesn't come into it: That the function of the U.S. military is to protect the vital interests of the United States, and that it is for this specific purpose that billions of tax dollars are extracted from American citizens, and for which young men and women have volunteered to risk their lives. It is not a general-purpose pool of resources to be drawn on for promoting desirable outcomes around the world. A parallel argument is quite familiar on the domestic front, however. Pick any morally unattractive outcome or situation, and you will find someone ready to argue that if the federal government plausibly could do something to remedy it, then anyone who denies the federal government should act must simply be indifferent to the problem. My sense is that many more people tend to find this sort of argument convincing in domestic affairs precisely because we seem to have effectively abandoned the conception of the federal government as an entity with clear and defined powers and purposes. We debate whether a particular program will be effective or worth the cost, but over the course of the 20th century, the notion that such debates should be limited to enumerated government functions largely fell out of fashion. Most people—or at least most public intellectuals and policy advocates—now seem to think of Congress as a kind of all-purpose problem solving committee. And I can't help but suspect that the two are linked. Duties and obligations may be specific, but morality is universal: Other things equal, the suffering of a person in Lebanon counts just as much as that of a person in Lebanon, Pennsylvania. Once we abandon the idea of a limited government with defined powers—justified by reference to a narrow set of functions specified in advance—and instead see it as imbued with a general mandate to do good, it's much harder for a moral cosmopolitan to resist making the scope of that mandate global, at least in principle.
  • Stipulate, purely for the sake of argument, that Americans do have some collective obligation to prevent suffering elsewhere in the world, and that this obligation is properly met, at least in part, via government. (Perhaps because governments are uniquely able to remedy certain kinds of suffering—such as those requiring the mobilization of a military.) Given that we have finite resources, surely the worst possible way to go about this is by making a series of ad hoc judgments about particular cases—the "how much do I care about Steve?" method. The refusal to consider whatever global duty we might have holistically is precisely what leads to irrational allocations—like spending billions to protect civilians and rebel troops in Libya when many more lives would be saved (again, let's suppose for the sake of argument) by far less costly malaria eradication efforts. Unless there's an argument that we have some specific or special obligation to people in Libya—and I certainly haven't seen it—then any claim about our obligation to intervene in this case is, necessarily, just a specific application of some broader principle about our obligation to alleviate global suffering generally. The suggestion that we ought to evaluate this case in a vacuum, then, starts to seem awfully strange, because if we are ever going to intervene for strictly humanitarian reasons (rather than to protect vital security interests), then the standard for when to do so has to be, in part, a function of the aggregate demands whatever standard we pick would place on our limited resources.
  • We all know that individuals often make quite different choices on a case-by-case basis than when they formulate general rules of action based on a longer view. We routinely make meta-choices designed to prevent ourselves from making micro-choices not conducive to our interests in the aggregate: We throw out the smokes and the sweets in the cupboard, and even install software that keeps us from surfing the Internet when we're trying to get work done. Faced with a Twinkie or a hilarious YouTube clip, we may predict that we will often make choices that, when they're all added up, conflict with our other long-term goals. Marketers, by contrast, often try to induce us to make snap decisions or impulse purchases when, in a cool hour of deliberation, we'd conclude their product isn't the best use of our money.
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  • A marketer who hopes to trigger an impulse buy can legitimately say he's giving consumers what they choose, but there's a clear sense in which someone acting in accordance with a general rule, formulated with a view to long-term tradeoffs, often chooses in a more deliberative and fully autonomous fashion than someone who does what seems most appealing in each case unfettered by such rules.
  • Something analogous, I want to suggest, can be said about democratic deliberation. A polity can establish broad and general principles specifying the conditions under which government may or should act, or it can vote on individual policies and programs on a case-by-case basis (with many gradations in between, of course). Both are clearly in some sense "democratic"; the proper balance between them will depend in part on one's theory about how democratic deliberation confers legitimacy, just as the weight an individual gives to different types of "choices" will turn on a view about the nature of rational autonomy
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