The Government Loves To Grab New Powers in the Name of Your Safety


Koshu Kunii on Unsplash-3

The original line-up of The Reason Roundtable is back! Matt Welch leads Peter Suderman, Katherine Mangu-Ward, and Nick Gillespie through a discussion of shootings and police violence, coronavirus and security theater, and Joe Biden’s immigration policies.

Discussed in the show:

01:43: Recent police shootings, gun violence, and the inevitable subsequent unfolding of protests, qualified immunity cases, and tighter regulations.

18:07: How the press covers protests and the coronavirus.

30:38: Biden’s refugee cap is no different than Trump’s, for now.

45:47: Weekly Listener Question: What should be my greater concern as a libertarian: denying would-be immigrants citizenship, or the ever-growing deficits from the welfare state?

49:37: Media recommendations for the week.

This week’s links:

Send your questions by email to roundtable@reason.com. Be sure to include your social media handle and the correct pronunciation of your name.

Today’s sponsors:

  • On October 2, 2018, respected Washington Post journalist Jamal Khashoggi entered the Saudi consulate in Istanbul, Turkey. He was never seen alive again. From the Academy Award–winning director Bryan Fogel, The Dissident is now streaming on On Demand.
  • If you feel something interfering with your happiness or holding you back from your goals, BetterHelp is an accessible and affordable source for professional counseling. BetterHelp assesses your needs and matches you with a licensed therapist you can start talking to in under 24 hours, all online.

Audio production by Ian Keyser.
Assistant production by Regan Taylor.
Music: “Angeline,” by The Brothers Steve.

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Heller’s Sad Bar Mitzvah

Last month, I expressed some optimism that the Supreme Court would soon grant a Second Amendment case. We know there were four votes to grant a gun case last term. And now, Chief Justice Roberts is no longer the fifth vote. We have Justice Barrett, I thought. Certainly an ostensible 6-3 conservative majority would be enough to grant a gun case. Hope springs eternal.

Today, the Supreme Court denied review in three Second Amendment cases. Each case  involved a non-violent felon who sought the restoration of Second Amendment rights. And thes cases were brought by leading Second Amendment attorneys. Holloway v. Garland was filed by the Firearms Policy Coalition. Folajtar v. Garland was filed by David Thompson at Cooper & Kirk. And Flick v. Garland was filed by Alan Gura. None of these cases was even relisted. They were denied outright.

What is going on here? We know Justice Barrett ruled in favor of the non-violent felon in Kanter v. Barr. Alas, my tentative suspicion is that Justice Alito is not willing to rule for a felon, even where doing so would advance the Second Amendment. I still think his strange vote in Gundy was designed to avoid ruling for a sex offender. I do not think there are five votes for a felon case now.

But what about NYS Rifle & Pistol Association v. Corlett. This petition, which was gift-wrapped with a bow by Paul Clement, squarely presents the carry issue. The case was distributed for conferences on 3/26, 4/1, and 4/16. At this point it looks like we will get another dissent from denial of certiorari. Justice Thomas will have to refresh his dissental from Rogers v. Grewal, which was joined in part by Justice Kavanaugh. There should be four votes here. Thomas, Kavanaugh, plus Gorsuch and Alito. The latter two are already on record about the right to bear arms outside the home. Are we to believe that Justice Barrett is unwilling to grant cert? Is that really where we are in April 2021? An unwillingness to resolve a decade-long circuit split about the right to carry?

At this point, the only way for the Court to take a case will be for the government to lose in the lower court. Force the Solicitor General to file a cert petition, and let’s ride it out. To be perfectly frank, I would prefer the Court to put Heller out of its misery, and hold the right is limited to the home. That end game would be preferable to this never-ending shell game. So much effort is wasted litigating cases that do not matter. I don’t even know if I will bother teaching the Second Amendment in future classes. What’s the point? I have to throw my hands up in class and say, “I don’t know, and the Court will not tell us.”

Heller is thirteen years old this year. In the Jewish tradition, it would be celebrating its Bar Mitzvah. And what a sad Bar Mitzvah it would be.

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Biden’s Infrastructure Bill Is a Foolish Way To Fight China


sfphotosfour919839

For President Joe Biden, a proposed $2.25 trillion infrastructure spending package is about more than rebuilding bridges and fixing up America’s water and sewer systems. It’s about more, even, than the overpriced high-speed rail boondoogles that Biden loves so much.

In Biden’s telling, the infrastructure bill might very well be the last stand of liberal democracy in the world.

“I truly believe we’re in a moment where history is going to look back on this time as a fundamental choice that had to be made between democracies and autocracies,” Biden said last month as he rolled out his infrastructure proposal in a speech from Pittsburgh, Pennsylvania. “There’s a lot of autocrats in the world who think the reason why they’re going to win is democracies can’t reach consensus any longer.”

Later in the speech, Biden refined that point.

“That’s what competition between America and China and the rest of the world is all about,” Biden said. “It’s a basic question: Can democracies still deliver for their people?”

It may very well be a politically savvy maneuver to turn the infrastructure bill into an epoch-defining moment that could tip the scales between freedom and autocracy. In reality, Biden’s proposal is a messy collection of infrastructure-ish items—about $1 trillion of the total would be spent on things like job training programs and expanded home health care services, which can only be defined as infrastructure if you really, really stretch the definition of the word. But you can’t worry about details like that when the very existence of democracy is at stake! America must prove it can do Big Things again, and here’s a big thing, so America must do it.

The problem for Biden isn’t merely that this bit of circular logic doesn’t stand up to scrutiny. Indeed, it’s not meant to be an intellectually rigorous justification for passing an infrastructure bill. It is just meant to trigger a swell of patriotism and maybe convince a few nationalist Republicans to back his proposal.

No, the real problem for Biden is that this conception of the conflict between liberal democracy and authoritarianism—or between the U.S. and China, if you want to get right down to it—is exactly backward. In fact, it gets both the political and economic parts wrong.

Politically, the great advantage that democracies have over authoritarian regimes is the necessity of consensus building through mechanisms like elections and legislative bodies. Biden has stressed the need for “unity” and “bipartisanship” in his public remarks about the infrastructure plan, but he’s also suggested that “unity” means little more than getting on board with what he’s proposing.

A few days after Senate Minority Leader Mitch McConnell (R–Ky.) said Republicans would likely oppose Biden’s plan, the president said that “compromise is inevitable”—as long as it’s the other side compromising.

“I’ve heard from my Republican friends, many of them say it’s too big. They say, ‘Why not focus on traditional infrastructure?'” Biden told reporters on April 7. He dismissed a $600 billion GOP-backed infrastructure plan as being too small. “If they come forward with a plan that did the bulk of it,” Biden continued, “that allowed me to have pieces of all of this in there, I would have been prepared to compromise.”

Biden is recasting consensus-building as a problem, as if it only prevents good ideas from taking form. But the requirement of consensus also prevents bad ideas from becoming reality.

Think about it like this. Much of Biden’s infrastructure plan is full of cronyistic giveaways to political allies like labor unions, as Reason‘s Peter Suderman has detailed, that in many cases will make the underlying infrastructure projects more expensive. In an autocratic system, there would be no mechanism to oppose or block those provisions. This is part of the reason why, historically, autocratic regimes have a huge malinvestment problem—that is, they don’t spend public money efficiently. Of course, no one would accuse Congress of being a faithful steward of the public purse, but the requirement of consensus-building and the threat of political competition are still benefits, not drawbacks.

Economically, Biden is making the mistake of ignoring the role of private investment—particularly when it comes to things that aren’t physical infrastructure like roads and bridges.

“Do you think China is waiting around to invest in this digital infrastructure or in research and development?” Biden said at the White House on April 7. “I promise you, they are not waiting, but they’re counting on American democracy to be too slow, too limited, and too divided to keep pace.”

Thankfully, the American system doesn’t require a fast-moving government to be successful. America succeeds because it is the best place in the world for investors to put their money, and that money drives the research and development that spur innovation. Even though China attracted more foreign investment than the United States in 2020 due to the pandemic, the total amount of foreign investment in the U.S. remains far greater.

Fending off the economic challenge that China presents is not going to be accomplished with high-speed rail boondoggles. It doesn’t require becoming more like China, but rather being more like America has always been: a place where innovation has flourished from the bottom-up, not from the top-down.

Biden wants to know if democracies can still “deliver for their people.” That’s a question that is answered best by looking at what happens outside the public sector, not within it.

Far from being the last stand of liberal democracy, Biden’s infrastructure plan—and the associated attempt to redefine everything as infrastructure—is a gift to central planners. Because infrastructure is, almost by definition, something that must be centrally planned. There isn’t a lot of room for spontaneous order when it comes to building bridges or airports. There might be a few competing ideas, but someone ultimately has to decide that the railroad will go here instead of there.

In that regard, it makes sense that governments more heavily invested in central planning will complete more infrastructure projects. That’s not the same as saying they build better infrastructure—or that they make decisions in more efficient and cost-effective ways. And it discounts all the ways in which countries compete for investments that have nothing to do with infrastructure.

Biden is offering none of that context. The argument never seems to go further than the threat of national shame if America doesn’t spend hundreds of billions of dollars on dubious agenda items. Asking questions is just handing an advantage to China.

This is keeping up with the Joneses applied to the global level. Xi got a new boat, so we better buy one too—even though you know those things are just money pits. America must match China’s centrally planned malinvestments, or else what will the neighbors think?

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Biden’s Infrastructure Bill Is a Foolish Way To Fight China


sfphotosfour919839

For President Joe Biden, a proposed $2.25 trillion infrastructure spending package is about more than rebuilding bridges and fixing up America’s water and sewer systems. It’s about more, even, than the overpriced high-speed rail boondoogles that Biden loves so much.

In Biden’s telling, the infrastructure bill might very well be the last stand of liberal democracy in the world.

“I truly believe we’re in a moment where history is going to look back on this time as a fundamental choice that had to be made between democracies and autocracies,” Biden said last month as he rolled out his infrastructure proposal in a speech from Pittsburgh, Pennsylvania. “There’s a lot of autocrats in the world who think the reason why they’re going to win is democracies can’t reach consensus any longer.”

Later in the speech, Biden refined that point.

“That’s what competition between America and China and the rest of the world is all about,” Biden said. “It’s a basic question: Can democracies still deliver for their people?”

It may very well be a politically savvy maneuver to turn the infrastructure bill into an epoch-defining moment that could tip the scales between freedom and autocracy. In reality, Biden’s proposal is a messy collection of infrastructure-ish items—about $1 trillion of the total would be spent on things like job training programs and expanded home health care services, which can only be defined as infrastructure if you really, really stretch the definition of the word. But you can’t worry about details like that when the very existence of democracy is at stake! America must prove it can do Big Things again, and here’s a big thing, so America must do it.

The problem for Biden isn’t merely that this bit of circular logic doesn’t stand up to scrutiny. Indeed, it’s not meant to be an intellectually rigorous justification for passing an infrastructure bill. It is just meant to trigger a swell of patriotism and maybe convince a few nationalist Republicans to back his proposal.

No, the real problem for Biden is that this conception of the conflict between liberal democracy and authoritarianism—or between the U.S. and China, if you want to get right down to it—is exactly backward. In fact, it gets both the political and economic parts wrong.

Politically, the great advantage that democracies have over authoritarian regimes is the necessity of consensus building through mechanisms like elections and legislative bodies. Biden has stressed the need for “unity” and “bipartisanship” in his public remarks about the infrastructure plan, but he’s also suggested that “unity” means little more than getting on board with what he’s proposing.

A few days after Senate Minority Leader Mitch McConnell (R–Ky.) said Republicans would likely oppose Biden’s plan, the president said that “compromise is inevitable”—as long as it’s the other side compromising.

“I’ve heard from my Republican friends, many of them say it’s too big. They say, ‘Why not focus on traditional infrastructure?'” Biden told reporters on April 7. He dismissed a $600 billion GOP-backed infrastructure plan as being too small. “If they come forward with a plan that did the bulk of it,” Biden continued, “that allowed me to have pieces of all of this in there, I would have been prepared to compromise.”

Biden is recasting consensus-building as a problem, as if it only prevents good ideas from taking form. But the requirement of consensus also prevents bad ideas from becoming reality.

Think about it like this. Much of Biden’s infrastructure plan is full of cronyistic giveaways to political allies like labor unions, as Reason‘s Peter Suderman has detailed, that in many cases will make the underlying infrastructure projects more expensive. In an autocratic system, there would be no mechanism to oppose or block those provisions. This is part of the reason why, historically, autocratic regimes have a huge malinvestment problem—that is, they don’t spend public money efficiently. Of course, no one would accuse Congress of being a faithful steward of the public purse, but the requirement of consensus-building and the threat of political competition are still benefits, not drawbacks.

Economically, Biden is making the mistake of ignoring the role of private investment—particularly when it comes to things that aren’t physical infrastructure like roads and bridges.

“Do you think China is waiting around to invest in this digital infrastructure or in research and development?” Biden said at the White House on April 7. “I promise you, they are not waiting, but they’re counting on American democracy to be too slow, too limited, and too divided to keep pace.”

Thankfully, the American system doesn’t require a fast-moving government to be successful. America succeeds because it is the best place in the world for investors to put their money, and that money drives the research and development that spur innovation. Even though China attracted more foreign investment than the United States in 2020 due to the pandemic, the total amount of foreign investment in the U.S. remains far greater.

Fending off the economic challenge that China presents is not going to be accomplished with high-speed rail boondoggles. It doesn’t require becoming more like China, but rather being more like America has always been: a place where innovation has flourished from the bottom-up, not from the top-down.

Biden wants to know if democracies can still “deliver for their people.” That’s a question that is answered best by looking at what happens outside the public sector, not within it.

Far from being the last stand of liberal democracy, Biden’s infrastructure plan—and the associated attempt to redefine everything as infrastructure—is a gift to central planners. Because infrastructure is, almost by definition, something that must be centrally planned. There isn’t a lot of room for spontaneous order when it comes to building bridges or airports. There might be a few competing ideas, but someone ultimately has to decide that the railroad will go here instead of there.

In that regard, it makes sense that governments more heavily invested in central planning will complete more infrastructure projects. That’s not the same as saying they build better infrastructure—or that they make decisions in more efficient and cost-effective ways. And it discounts all the ways in which countries compete for investments that have nothing to do with infrastructure.

Biden is offering none of that context. The argument never seems to go further than the threat of national shame if America doesn’t spend hundreds of billions of dollars on dubious agenda items. Asking questions is just handing an advantage to China.

This is keeping up with the Joneses applied to the global level. Xi got a new boat, so we better buy one too—even though you know those things are just money pits. America must match China’s centrally planned malinvestments, or else what will the neighbors think?

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Republicans Open Schools, Democrats Still Keeping Them Closed


DeSant2

If you look at only one graphic today, make it this state-by-state average of K-12 schools offering full-time, in-person instruction, as updated April 18 by Burbio:

Do you see the pattern? The 10 most open states on the left—Wyoming, Arkansas, Florida, South Dakota, Utah, Nebraska, Montana, Texas, North Dakota, and Louisiana, in that order—have wildly disparate COVID mortality, ranging from Utah’s 67 per 100,000 residents to South Dakota’s 221. But what they have in common is politics: All 10 voted in 2020 for Donald Trump, all 10 have Republican-controlled state legislatures, all except Louisiana have a Republican governor, all except Montana have two Republican U.S. senators, and in all 10 a majority of the state’s delegation to the House of Representatives hails from the GOP.

Deep red states open schools.

What about the 10 most closed states on the right side of that bar graph? Maryland, Oregon, California, Washington, New Mexico, Hawaii, Virginia, Illinois, New Jersey, and Nevada also share more in their politics than they do in the pandemic. All 10 voted for Joe Biden in 2020, all 10 have Democratic-controlled state legislatures, all except Maryland have a Democratic governor, all 10 have two Democratic U.S. senators, and in all 10 a majority of the state’s House delegation sits on the left side of the aisle.

Deep blue states keep schools closed.

As someone who has never belonged to a political party, rarely votes for major-party candidates, and co-wrote a book extolling the virtues of political independence, it gives me no great pleasure to see such an overwhelmingly partisan split on an issue affecting scores of millions of people. On the contrary: Seeing one of the two main parties so in thrall to either panic porn or teachers unions (or both) is a profoundly dispiriting experience.

Schools around the planet were overwhelmingly not spreading COVID-19 even before American teachers were given prioritized access to vaccines. Now that there’s no excuse for educators not to be vaccinated, there’s none left for buildings to remain even half-shut in this homestretch of a cursed school year.

And yet my 12-year-old is home again today and tomorrow, and my 6-year-old will likewise still be unwelcome in the building across the street on Wednesdays and Fridays until May 3 at the “earliest,” her principal informed us Friday. Eagle-eyed observers may note that May 3 is a full six and a half weeks since the Centers for Disease Control and Prevention (CDC) changed its guidance for school distancing from six feet to three feet, thus removing the rationale New York City and other blue-state schools had for putting students through half-time hell.

But the United Federation of Teachers (UFT) has an outsized influence on the city’s Department of Education (DOE), so the city is slow-walking to the finish line of 2020–21.

“On Wednesday,” a nearby elementary school principal emailed parents last week, “we were asked to ‘await further guidance’ in planning for 3 ft. distancing. We believe this may be because UFT and DOE have not reached an agreement on the distancing change. We cannot move forward until this is resolved.” (In classic New York misgovernance fashion, the DOE immediately disputed this, though the delays on the ground remain.)

As my fellow Brooklyn public-school parent Karol Markowicz observed in the New York Post (with typical bluntness), most schools in the country have opened. “Only the most deformed, broken systems remain closed or only partially open, and Gotham’s is among the most ­deformed and broken,” she wrote. “Schools are flush with federal dollars. If they aren’t open today, it’s because they don’t want to be.”

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Republicans Open Schools, Democrats Still Keeping Them Closed


DeSant2

If you look at only one graphic today, make it this state-by-state average of K-12 schools offering full-time, in-person instruction, as updated April 18 by Burbio:

Do you see the pattern? The 10 most open states on the left—Wyoming, Arkansas, Florida, South Dakota, Utah, Nebraska, Montana, Texas, North Dakota, and Louisiana, in that order—have wildly disparate COVID mortality, ranging from Utah’s 67 per 100,000 residents to South Dakota’s 221. But what they have in common is politics: All 10 voted in 2020 for Donald Trump, all 10 have Republican-controlled state legislatures, all except Louisiana have a Republican governor, all except Montana have two Republican U.S. senators, and in all 10 a majority of the state’s delegation to the House of Representatives hails from the GOP.

Deep red states open schools.

What about the 10 most closed states on the right side of that bar graph? Maryland, Oregon, California, Washington, New Mexico, Hawaii, Virginia, Illinois, New Jersey, and Nevada also share more in their politics than they do in the pandemic. All 10 voted for Joe Biden in 2020, all 10 have Democratic-controlled state legislatures, all except Maryland have a Democratic governor, all 10 have two Democratic U.S. senators, and in all 10 a majority of the state’s House delegation sits on the left side of the aisle.

Deep blue states keep schools closed.

As someone who has never belonged to a political party, rarely votes for major-party candidates, and co-wrote a book extolling the virtues of political independence, it gives me no great pleasure to see such an overwhelmingly partisan split on an issue affecting scores of millions of people. On the contrary: Seeing one of the two main parties so in thrall to either panic porn or teachers unions (or both) is a profoundly dispiriting experience.

Schools around the planet were overwhelmingly not spreading COVID-19 even before American teachers were given prioritized access to vaccines. Now that there’s no excuse for educators not to be vaccinated, there’s none left for buildings to remain even half-shut in this homestretch of a cursed school year.

And yet my 12-year-old is home again today and tomorrow, and my 6-year-old will likewise still be unwelcome in the building across the street on Wednesdays and Fridays until May 3 at the “earliest,” her principal informed us Friday. Eagle-eyed observers may note that May 3 is a full six and a half weeks since the Centers for Disease Control and Prevention (CDC) changed its guidance for school distancing from six feet to three feet, thus removing the rationale New York City and other blue-state schools had for putting students through half-time hell.

But the United Federation of Teachers (UFT) has an outsized influence on the city’s Department of Education (DOE), so the city is slow-walking to the finish line of 2020–21.

“On Wednesday,” a nearby elementary school principal emailed parents last week, “we were asked to ‘await further guidance’ in planning for 3 ft. distancing. We believe this may be because UFT and DOE have not reached an agreement on the distancing change. We cannot move forward until this is resolved.” (In classic New York misgovernance fashion, the DOE immediately disputed this, though the delays on the ground remain.)

As my fellow Brooklyn public-school parent Karol Markowicz observed in the New York Post (with typical bluntness), most schools in the country have opened. “Only the most deformed, broken systems remain closed or only partially open, and Gotham’s is among the most ­deformed and broken,” she wrote. “Schools are flush with federal dollars. If they aren’t open today, it’s because they don’t want to be.”

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SPECIAL Poetry Monday!: “Romance de la luna, luna” by Federico García Lorca (Spanish)

This continues my 100-YouTube-subscriber celebration. (As of right now, I have 128 subscribers; my YouTube channel mostly consists of my Sasha Reads playlist, plus a smattering of law-related songs.)

The poems I’ve read on YouTube so far have been, more or less, 2/3 in English, 1/6 in French, 1/6 in Russian, and last week’s was in German. This week, I’m doing a Spanish poem, “Romance de la luna, luna” (“Ballad of the Moon Moon”) by Federico García Lorca (1898-1936), a poem that was published as part of his collection “Romancero gitano” (“Gypsy Ballads”) in 1928. (Translation here, and there are some musical arrangements here and here.)

La luna vino a la fragua
con su polisón de nardos.
El niño la mira, mira.
El niño la está mirando.
En el aire conmovido
mueve la luna sus brazos
y enseña, lúbrica y pura,
sus senos de duro estaño.

For the rest of my “Sasha Reads” playlist, click here. Past poems are:

  1. “Ulysses” by Alfred, Lord Tennyson
  2. “The Pulley” by George Herbert
  3. “Harmonie du soir” (“Evening Harmony”) by Charles Baudelaire (French)
  4. “Dirge Without Music” by Edna St. Vincent Millay
  5. “Clancy of the Overflow” by A.B. “Banjo” Paterson
  6. “Лотова жена” (“Lotova zhena”, “Lot’s wife”) by Anna Akhmatova (Russian)
  7. “The Jumblies” by Edward Lear
  8. “The Conqueror Worm” by Edgar Allan Poe
  9. “Les Djinns” (“The Jinns”) by Victor Hugo (French)
  10. “I Have a Rendezvous with Death” by Alan Seeger
  11. “When I Was One-and-Twenty” by A.E. Housman
  12. “Узник” (“Uznik”, “The Prisoner” or “The Captive”) by Aleksandr Pushkin (Russian)
  13. “God’s Grandeur” by Gerard Manley Hopkins
  14. “The Song of Wandering Aengus” by William Butler Yeats
  15. “Je crains pas ça tellment” (“I’m not that scard about”) by Raymond Queneau (French)
  16. “The Naming of Cats” by T.S. Eliot
  17. “The reticent volcano keeps…” by Emily Dickinson
  18. “Она” (“Ona”, “She”) by Zinaida Gippius (Russian)
  19. “Would I Be Shrived?” by John D. Swain
  20. “Evolution” by Langdon Smith
  21. “Chanson d’automne” (“Autumn Song”) by Oscar Milosz (French)
  22. “love is more thicker than forget” by e.e. cummings
  23. “My Three Loves” by Henry S. Leigh
  24. “Я мечтою ловил уходящие тени” (“Ia mechtoiu lovil ukhodiashchie teni”, “With my dreams I caught the departing shadows”) by Konstantin Balmont (Russian)
  25. “Dane-geld” by Rudyard Kipling
  26. “Rules and Regulations” by Lewis Carroll
  27. “Vers dorés” (“Golden Lines”) by Gérard de Nerval (French)
  28. “So That’s Who I Remind Me Of” by Ogden Nash
  29. “The Epic” by Alfred, Lord Tennyson
  30. “La chambre double” (“The Double Room”) by Charles Baudelaire (French)
  31. “Медный всадник” (“The Bronze Horseman”) by Aleksandr Pushkin (Russian)
  32. “Herbst” (“Autumn”) by Rainer Maria Rilke (German)

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SPECIAL Poetry Monday!: “Romance de la luna, luna” by Federico García Lorca (Spanish)

This continues my 100-YouTube-subscriber celebration. (As of right now, I have 128 subscribers; my YouTube channel mostly consists of my Sasha Reads playlist, plus a smattering of law-related songs.)

The poems I’ve read on YouTube so far have been, more or less, 2/3 in English, 1/6 in French, 1/6 in Russian, and last week’s was in German. This week, I’m doing a Spanish poem, “Romance de la luna, luna” (“Ballad of the Moon Moon”) by Federico García Lorca (1898-1936), a poem that was published as part of his collection “Romancero gitano” (“Gypsy Ballads”) in 1928. (Translation here, and there are some musical arrangements here and here.)

La luna vino a la fragua
con su polisón de nardos.
El niño la mira, mira.
El niño la está mirando.
En el aire conmovido
mueve la luna sus brazos
y enseña, lúbrica y pura,
sus senos de duro estaño.

For the rest of my “Sasha Reads” playlist, click here. Past poems are:

  1. “Ulysses” by Alfred, Lord Tennyson
  2. “The Pulley” by George Herbert
  3. “Harmonie du soir” (“Evening Harmony”) by Charles Baudelaire (French)
  4. “Dirge Without Music” by Edna St. Vincent Millay
  5. “Clancy of the Overflow” by A.B. “Banjo” Paterson
  6. “Лотова жена” (“Lotova zhena”, “Lot’s wife”) by Anna Akhmatova (Russian)
  7. “The Jumblies” by Edward Lear
  8. “The Conqueror Worm” by Edgar Allan Poe
  9. “Les Djinns” (“The Jinns”) by Victor Hugo (French)
  10. “I Have a Rendezvous with Death” by Alan Seeger
  11. “When I Was One-and-Twenty” by A.E. Housman
  12. “Узник” (“Uznik”, “The Prisoner” or “The Captive”) by Aleksandr Pushkin (Russian)
  13. “God’s Grandeur” by Gerard Manley Hopkins
  14. “The Song of Wandering Aengus” by William Butler Yeats
  15. “Je crains pas ça tellment” (“I’m not that scard about”) by Raymond Queneau (French)
  16. “The Naming of Cats” by T.S. Eliot
  17. “The reticent volcano keeps…” by Emily Dickinson
  18. “Она” (“Ona”, “She”) by Zinaida Gippius (Russian)
  19. “Would I Be Shrived?” by John D. Swain
  20. “Evolution” by Langdon Smith
  21. “Chanson d’automne” (“Autumn Song”) by Oscar Milosz (French)
  22. “love is more thicker than forget” by e.e. cummings
  23. “My Three Loves” by Henry S. Leigh
  24. “Я мечтою ловил уходящие тени” (“Ia mechtoiu lovil ukhodiashchie teni”, “With my dreams I caught the departing shadows”) by Konstantin Balmont (Russian)
  25. “Dane-geld” by Rudyard Kipling
  26. “Rules and Regulations” by Lewis Carroll
  27. “Vers dorés” (“Golden Lines”) by Gérard de Nerval (French)
  28. “So That’s Who I Remind Me Of” by Ogden Nash
  29. “The Epic” by Alfred, Lord Tennyson
  30. “La chambre double” (“The Double Room”) by Charles Baudelaire (French)
  31. “Медный всадник” (“The Bronze Horseman”) by Aleksandr Pushkin (Russian)
  32. “Herbst” (“Autumn”) by Rainer Maria Rilke (German)

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The Indianapolis Shooting Highlights the Shortcomings of ‘Red Flag’ Laws


gun-red-flag-dreamstime

Supporters of “red flag” laws, which allow judges to suspend people’s Second Amendment rights when they are deemed a threat to themselves or others, argue that such statutes help prevent mass shootings by identifying people inclined to commit such crimes before they act. But Indiana’s red flag law, the second-oldest in the country, failed to prevent last week’s mass shooting at a FedEx sorting facility in Indianapolis, even though police used the law to seize a shotgun from the perpetrator in 2020. He legally purchased the rifles used in the shooting a few months later, a revelation that suggests such laws are not as effective as advertised.

So far 19 states and the District of Columbia have red flag laws, and polls indicate they have broad public support. A 2019 survey, for instance, found that 70 percent of Americans favored letting police “seek a court order to temporarily take away guns if they feel a gun owner may harm themselves or others.” President Joe Biden wants more states to pass red flag laws, and he has instructed the Justice Department to write model legislation toward that end. But what happened in Indiana should give pause to anyone who thinks such laws will have a noticeable impact on mass shootings.

Indiana’s law was enacted in 2005, after a man diagnosed with paranoid schizophrenia used a rifle to kill one Indianapolis police officer and injure another four. The law allows a police officer to seek a gun confiscation order against someone he believes “presents an imminent risk” to himself or others. It also applies to someone who poses a threat that is not immediate but who “has a propensity for violent or emotionally unstable conduct” or who “has a mental illness that may be controlled by medication” but has not been diligent about taking it.

Under Indiana’s law, a police officer can seize guns without a court order, in which case he is supposed to file an affidavit explaining his reasons after the fact. If a judge agrees that the officer had probable cause, police can keep the confiscated weapons. A hearing is required within 14 days, at which point the state has to prove by “clear and convincing evidence” that the gun owner meets the law’s criteria. After at least six months have passed, the gun owner can seek the return of his property. He has to prove by “a preponderance of the evidence” that he “is not dangerous.”

In March 2020, Indianapolis Police Chief Randal Taylor said yesterday, the FedEx shooter’s mother told police she thought he was suicidal and might even try to commit “suicide by cop.” Her son, then 18, was taken to a hospital on a “mental health temporary hold,” and police seized his shotgun. The case “never made it to the court,” Taylor said, because prosecutors did not seek a red flag order. But Taylor said police kept the gun after its owner agreed to surrender it.

Because a red flag order was never issued, the Indianapolis shooter was not barred from buying other firearms, and evidently he did not have a criminal or psychiatric record that would have made those purchases illegal. That is typically the case with mass shooters, a fact that suggests expanded background checks for gun buyers, another popular response to such crimes, would not have much of an impact on them.

In retrospect, it is easy to fault prosecutors for not seeking a court order, which would have legally barred this young man from buying or possessing firearms for at least six months. If he successfully challenged the order at that point, he still could have legally bought the guns he used in the FedEx attack. If he did not go to court or failed to make the required showing, however, the order might still have been in place at the time of the shooting.

But the risk that motivated the shotgun seizure was suicide, not homicide, and prosecutors apparently thought the psychological crisis had already been adequately addressed. “What could have occurred,” Marion County Prosecutor Ryan Mears told The New York Times, “is the point was: ‘Let’s get the gun out of there, make sure the gun is not returned,’ if that was the agreement that was made. And I’m not saying that it is the case. But there’s no reason to go in front of the judge at that point in time, because the point is we want to take the weapon away.”

University of Indianapolis psychologist Aaron Kivisto, who has studied the impact of Indiana’s statute, notes that such laws aim to intervene during a period of heightened risk. “Most suicides are fairly impulsive acts,” he told the Times. “And if the person can get through the short-term crisis, the suicide doesn’t occur.”

Back in March 2020, there was no indication that a troubled, possibly suicidal 18-year-old was apt to commit mass murder. While a neighbor recalled him as “an angry young man who always seemed to be ‘mad at the world,'” that description could apply to millions of people, an infinitesimal percentage of whom end up committing crimes like this.

The difficulty of predicting which of the country’s many angry oddballs are bent on murder is the main weakness of red flag laws as a response to mass shootings. The more mindful states are of due process and evidence when they prohibit people from owning guns, the more likely it is that someone like the Indianapolis shooter will slip through even when he attracts police attention. But casting a wider net inevitably means that many harmless people will lose their Second Amendment rights based on erroneous predictions of what they might otherwise have done.

Since the risk of letting future murderers keep or buy guns looms much larger in the minds of legislators and judges than the risk of unjustly taking away people’s constitutional rights, laws and legal processes tend to err in the latter direction. That is why red flags, especially the ones passed in recent years, generally lack adequate due process safeguards. It is also helps explain why judges in some states approve nearly all of the applications they receive.

Even when states have due process protections on the books, they are not necessarily enforced. Notwithstanding Indiana’s requirement that a hearing be held within two weeks of a gun seizure, a 2015 study reported in the journal Behavioral Sciences & the Law found that gun owners waited an average of more than nine months before a court decided whether police could keep their firearms. When a hearing finally was scheduled, most of the gun owners did not show. But when they did, they usually prevailed, meaning judges decided the state had not met its burden of proving them dangerous. During the last 71 months covered by the eight-year study, gun owners won every contested case.

There is no solid evidence that red flag laws have any measurable impact on the homicide rate. But they certainly deprive many Americans of the fundamental right to armed self-defense even when they pose no real threat to public safety. As is often the case, politicians are happy to trade civil liberties for the illusion of security.

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The Indianapolis Shooting Highlights the Shortcomings of ‘Red Flag’ Laws


Indianapolis-police-chief-Randal-Taylor-Twitter-cropped

Supporters of “red flag” laws, which allow judges to suspend people’s Second Amendment rights when they are deemed a threat to themselves or others, argue that such statutes help prevent mass shootings by identifying people inclined to commit such crimes before they act. But Indiana’s red flag law, the second-oldest in the country, failed to prevent last week’s mass shooting at a FedEx sorting facility in Indianapolis, even though police used the law to seize a shotgun from the perpetrator in 2020. He legally purchased the rifles used in the shooting a few months later, a revelation that suggests such laws are not as effective as advertised.

So far 19 states and the District of Columbia have red flag laws, and polls indicate they have broad public support. A 2019 survey, for instance, found that 70 percent of Americans favored letting police “seek a court order to temporarily take away guns if they feel a gun owner may harm themselves or others.” President Joe Biden wants more states to pass red flag laws, and he has instructed the Justice Department to write model legislation toward that end. But what happened in Indiana should give pause to anyone who thinks such laws will have a noticeable impact on mass shootings.

Indiana’s law was enacted in 2005, after a man diagnosed with paranoid schizophrenia used a rifle to kill one Indianapolis police officer and injure another four. The law allows a police officer to seek a gun confiscation order against someone he believes “presents an imminent risk” to himself or others. It also applies to someone who poses a threat that is not immediate but who “has a propensity for violent or emotionally unstable conduct” or who “has a mental illness that may be controlled by medication” but has not been diligent about taking it.

Under Indiana’s law, a police officer can seize guns without a court order, in which case he is supposed to file an affidavit explaining his reasons after the fact. If a judge agrees that the officer had probable cause, police can keep the confiscated weapons. A hearing is required within 14 days, at which point the state has to prove by “clear and convincing evidence” that the gun owner meets the law’s criteria. After at least six months have passed, the gun owner can seek the return of his property. He has to prove by “a preponderance of the evidence” that he “is not dangerous.”

In March 2020, Indianapolis Police Chief Randal Taylor said yesterday, the FedEx shooter’s mother told police she thought he was suicidal and might even try to commit “suicide by cop.” Her son, then 18, was taken to a hospital on a “mental health temporary hold,” and police seized his shotgun. The case “never made it to the court,” Taylor said, because prosecutors did not seek a red flag order. But Taylor said police kept the gun after its owner agreed to surrender it.

Because a red flag order was never issued, the Indianapolis shooter was not barred from buying other firearms, and evidently he did not have a criminal or psychiatric record that would have made those purchases illegal. That is typically the case with mass shooters, a fact that suggests expanded background checks for gun buyers, another popular response to such crimes, would not have much of an impact on them.

In retrospect, it is easy to fault prosecutors for not seeking a court order, which would have legally barred this young man from buying or possessing firearms for at least six months. If he successfully challenged the order at that point, he still could have legally bought the guns he used in the FedEx attack. If he did not go to court or failed to make the required showing, however, the order might still have been in place at the time of the shooting.

But the risk that motivated the shotgun seizure was suicide, not homicide, and prosecutors apparently thought the psychological crisis had already been adequately addressed. “What could have occurred,” Marion County Prosecutor Ryan Mears told The New York Times, “is the point was: ‘Let’s get the gun out of there, make sure the gun is not returned,’ if that was the agreement that was made. And I’m not saying that it is the case. But there’s no reason to go in front of the judge at that point in time, because the point is we want to take the weapon away.”

University of Indianapolis psychologist Aaron Kivisto, who has studied the impact of Indiana’s statute, notes that such laws aim to intervene during a period of heightened risk. “Most suicides are fairly impulsive acts,” he told the Times. “And if the person can get through the short-term crisis, the suicide doesn’t occur.”

Back in March 2020, there was no indication that a troubled, possibly suicidal 18-year-old was apt to commit mass murder. While a neighbor recalled him as “an angry young man who always seemed to be ‘mad at the world,'” that description could apply to millions of people, an infinitesimal percentage of whom end up committing crimes like this.

The difficulty of predicting which of the country’s many angry oddballs are bent on murder is the main weakness of red flag laws as a response to mass shootings. The more mindful states are of due process and evidence when they prohibit people from owning guns, the more likely it is that someone like the Indianapolis shooter will slip through even when he attracts police attention. But casting a wider net inevitably means that many harmless people will lose their Second Amendment rights based on erroneous predictions of what they might otherwise have done.

Since the risk of letting future murderers keep or buy guns looms much larger in the minds of legislators and judges than the risk of unjustly taking away people’s constitutional rights, laws and legal processes tend to err in the latter direction. That is why red flags, especially the ones passed in recent years, generally lack adequate due process safeguards. It is also helps explain why judges in some states approve nearly all of the applications they receive.

Even when states have due process protections on the books, they are not necessarily enforced. Notwithstanding Indiana’s requirement that a hearing be held within two weeks of a gun seizure, a 2015 study reported in the journal Behavioral Sciences & the Law found that gun owners waited an average of more than nine months before a court decided whether police could keep their firearms. When a hearing finally was scheduled, most of the gun owners did not show. But when they did, they usually prevailed, meaning judges decided the state had not met its burden of proving them dangerous. During the last 71 months covered by the eight-year study, gun owners won every contested case.

There is no solid evidence that red flag laws have any measurable impact on the homicide rate. But they certainly deprive many Americans of the fundamental right to armed self-defense even when they pose no real threat to public safety. As is often the case, politicians are happy to trade civil liberties for the illusion of security.

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