Federalist Society Conference Next Week Will Be Online, Free of Charge

The Federalist Society’s yearly National Lawyers Convention will be all online this year, and will be entirely free (except there’ll be a modest fee for lawyers who want Continuing Legal Education credit). You can register here, see the overview agenda here, and see the details on the panels and the panelists here. (I’ll blog briefly about a few particular panels in coming days.) Speakers will include Justice Samuel Alito, the retired D.C. Circuit Judge Janice Rogers Brown, and Secretary of Labor Eugene Scalia.

As is the norm for Federalist Society conferences, the panels include many liberals and other non-Federalists, including:

  • Prof. Cornel West (Harvard, Princeton emeritus).
  • Prof. Randall Kennedy (Harvard).
  • Prof. Nadine Strossen, former President of the ACLU.
  • Elizabeth Wydra, President of the Constitutional Accountability Center.
  • Prof. Genevieve Lakier (Chicago).
  • Prof. Ash Bhagwat (Davis).
  • Scott Fulton, President, Environmental Law Institute, and former EPA General Counsel under President Obama,
  • and many more.

The panel topics include:

  • Religious Liberty and the New Court
  • EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
  • Prosecutorial Discretion, Partisanship, and the Rule of Law
  • Regulatory Practice and Oversight in 2021 and Beyond
  • Rule of Law, or Just Making it Up? First Amendment Tiered Scrutiny
  • Freedom of Association in the Legal Profession
  • Regulating Social Media
  • Are MDL [Multi-District Litigation] Judges Too Powerful?
  • The Law, China, and the Possible New Cold War
  • Agency Leaders on Labor Policy
  • Intellectual Property Rights and the Rule of Law
  • Modern Quandaries of Law Enforcement
  • The Future of the Second Amendment’s Right to Keep and Bear Arms:  From the Supreme Court to Social Unrest in the Streets
  • Agency Leaders on Cryptocurrency, Blockchain, and the Evolution of a Central Bank Digital Currency
  • Emergency Powers and the Rule of Law

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12 Good Things That Might Happen Today, None of Which Involve Trump or Biden

westendrf525045

The 2020 election has so been so dominated by Biden versus Trump insanity that a lot of consequential ballot initiates have been getting short shrift. But today, voters in various U.S. locales will have the opportunity to usher in some pretty exciting—and libertarian—policies, as well as the chance to reject a few really bad ideas.

Let’s start with the good, shall we?

Proposition 22 in California
California’s Proposition 22 would undo some of the damage wrought by A.B. 5, the 2019 state law that reclassified all sorts of independent contractors and freelancers in California as full-fledged employees. Pushed as a way to stick it to disfavored businesses like Uber and Lyft, the law has proved detrimental to workers across a range of industries, infringing on their ability to work when and how they choose as well as leading to a lot of lost jobs. If Proposition 22 is passed, it would help mitigate these ill effects for people who drive or do deliveries by allowing them to be classified as independent contractors once again.

Proposition 207 in Arizona
Arizona residents will get the chance to legalize recreational marijuana sales by voting for Proposition 207 (also dubbed the “Smart and Safe Act”). “If passed, it would allow…adults 21 and older to purchase up to one ounce of cannabis and have up to six plants at their home,” explains Steve Cottrell, president of Curaleaf Arizona. “Adult-use cannabis products would be subject to state and local sales taxes, with an additional 16 percent excise tax.”

South Dakota Amendment A
Another marijuana legalization measure, this ballot initiative would create a constitutional amendment “to legalize the recreational use of marijuana and require the South Dakota State Legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022.”

Initiative 190 in Montana
Montana residents also have the chance to approve recreational marijuana. Voting yes on Montana Initiative 190 would mean “legalizing the possession and use of marijuana for adults over the age of 21, imposing a 20% tax on marijuana sales, requiring the Department of Revenue to develop rules to regulate marijuana businesses, and allowing for the resentencing or expungement of marijuana-related crimes.”

Public Question 1 in New Jersey
If New Jersey’s Public Question 1 passes, it will “legalize the possession and use of marijuana for persons age 21 and older and legalize the cultivation, processing, and sale of retail marijuana.”

Initiative 65 in Mississippi
Mississippians get to vote on legalizing medical marijuana. A citizen-led ballot measure, Initiative 65, would OK it for a variety of conditions. Meanwhile, Initiative 65A—a government-led measure that’s been accused of being floated just to confuse voters—would legalize medical marijuana for terminally ill people only.

Initiative 429 in Nebraska
This ballot measure would legalize all sorts of gambling at licensed racetracks. “Currently, Nebraska outlaws gambling, except with respect to the state lottery, licensed raffles, and bingo,” notes Ballotpedia.

Measure 109 in Oregon
Oregon’s Measure 109 would let people legally purchase and consume hallucinogenic mushrooms under the care of a psilocybin administrator. If passed, it would give the Oregon Health Authority two years to “determine who is eligible to be licensed as a facilitator, determine what qualifications, education, training, and exams are needed, and create a code of professional conduct for facilitators,” says Ballotpedia.

Ballot Measure 2 in Alaska and Question 2 in Massachusetts
Ballot initiatives in Alaska and Massachusetts would establish ranked-choice voting, in which voters rank candidates by order of preference instead of just voting for one candidate.

Proposition 25 in California
Voting yes on Proposition 25 will help bring more fairness to the bail system. “A ‘yes’ vote is to uphold the contested legislation, Senate Bill 10 (SB 10), which would replace cash bail with risk assessments for detained suspects awaiting trials,” Ballotpedia explains.

Measure 110 in Oregon
This measure would lessen penalties for all sorts of illegal drugs—including heroin and cocaine—moving personal possession of them from serious criminal infractions to something warranting classes or a small fine.


Alas, this year’s ballot measures aren’t all about legalizing drugs, making the criminal justice system fairer, and negating bad workplace regulations. A number of initiatives also seek to limit liberty and individual rights and roll back positive reforms. Here are a few of the worst:

Proposition 20 in California
This California ballot measure “would undo significant criminal justice system reforms passed by California voters in recent years at the very moment that many other states are finally starting to make needed reforms,” explains policy analyst Alix Ollivier with the Reason Foundation (the nonprofit that publishes this site):

Prop. 20, supported by groups such as the California Correctional Peace Officers Association, seeks to address complaints from law enforcement groups that claim it has become too difficult to prosecute repeat offenders, that more minor offenses should be charged as felonies, and they should be able to take DNA from people that commit minor crimes in efforts to expand the DNA database used to help solve crimes.

The initiative would roll back reforms that have been made to the classification of crimes considered non-violent, create two new crimes that would be added to state law—serial theft and organized theft, and make parole more difficult to attain for those convicted of various crimes.

The measure is largely written as law enforcement’s effort to unwind the statewide criminal justice ballot measures voters passed in 2014 and 2016.

Illinois Allow for Graduated Income Tax Amendment
The state is seeking permission to raise people’s income taxes from a flat rate of 4.95 percent to 7.75 percent for households making over $250,000 and 7.99 percent for households with annual incomes over $750,000. The governor already signed a law to this effect last year, but to enact it requires a constitutional amendment since the state constitution bans a progressive income tax.

Proposition 208 in Arizona
Another ballot initiative intended to raise taxes, Arizona’s Proposition 208 would almost double the marginal income tax rate—from 4.5 percent to 8 percent—for high-earning individuals and households. It would also raise taxes on small businesses, since “small businesses pay their taxes on the individual portion of the tax code,” explains Arizona Chamber of Commerce President Glenn Hamer. If Proposition 208 passes, “small businesses will pay a top rate of 8 percent, much higher than the corporate rate of 4.9 percent. We would be the only state in the country to basically double the tax on small businesses, and at a time when so many are struggling.”

Proposition 115 in Colorado
Colorado’s Proposition 115 would criminalize abortion after 22 weeks of pregnancy. “Performing a prohibited abortion would be a Class 1 misdemeanor (the most serious level of misdemeanor in Colorado), which would be punishable by a fine ranging from $500 to $5,000 and not by jail time,” and “medical professionals who are found to have performed a prohibited abortion would have their medical licenses suspended by the Colorado Medical Board for at least three years,” explains Ballotpedia. “Under the initiative, abortions after 22 weeks would be lawful if the physician believes it is immediately necessary to save the life of the pregnant woman.”

Louisiana Amendment 1
Amendment 1 aims to ready Louisiana to curtail abortion access should Roe v. Wade be overturned by amending the state’s constitution to say nothing in it “shall be construed to secure or protect a right to abortion or require the funding of abortion.” As the Wall Street Journal explains, “should a more solidly conservative U.S. Supreme Court give states more authority to regulate abortion, Louisiana state courts would have less ability to strike down antiabortion laws” if Amendment 1 passes.

Proposition 21 in California
This measure would allow for the expansion of state rent control policies.


QUICK HITS

• In a long Twitter thread, Rep. Justin Amash (L–Mich.) lays out the many, many ways that President Donald Trump has failed libertarians:

• Folks in charge of the Grammy Awards are making a big deal about replacing the “world music” award category with the almost-identical category of “global music.”

• “An Eastern Washington teen went to a mental health clinic for help. Eight days later, he died in a jail cell.

The Daily Caller blows holes in Trumpian theories about Democratic nominee Joe Biden and his son, Hunter:

• What will the post-election major parties look like?

• Why the mobile-only streaming platform Quibi failed.

from Latest – Reason.com https://ift.tt/32cdGPw
via IFTTT

12 Good Things That Might Happen Today, None of Which Involve Trump or Biden

westendrf525045

The 2020 election has so been so dominated by Biden versus Trump insanity that a lot of consequential ballot initiates have been getting short shrift. But today, voters in various U.S. locales will have the opportunity to usher in some pretty exciting—and libertarian—policies, as well as the chance to reject a few really bad ideas.

Let’s start with the good, shall we?

Proposition 22 in California
California’s Proposition 22 would undo some of the damage wrought by A.B. 5, the 2019 state law that reclassified all sorts of independent contractors and freelancers in California as full-fledged employees. Pushed as a way to stick it to disfavored businesses like Uber and Lyft, the law has proved detrimental to workers across a range of industries, infringing on their ability to work when and how they choose as well as leading to a lot of lost jobs. If Proposition 22 is passed, it would help mitigate these ill effects for people who drive or do deliveries by allowing them to be classified as independent contractors once again.

Proposition 207 in Arizona
Arizona residents will get the chance to legalize recreational marijuana sales by voting for Proposition 207 (also dubbed the “Smart and Safe Act”). “If passed, it would allow…adults 21 and older to purchase up to one ounce of cannabis and have up to six plants at their home,” explains Steve Cottrell, president of Curaleaf Arizona. “Adult-use cannabis products would be subject to state and local sales taxes, with an additional 16 percent excise tax.”

South Dakota Amendment A
Another marijuana legalization measure, this ballot initiative would create a constitutional amendment “to legalize the recreational use of marijuana and require the South Dakota State Legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022.”

Initiative 190 in Montana
Montana residents also have the chance to approve recreational marijuana. Voting yes on Montana Initiative 190 would mean “legalizing the possession and use of marijuana for adults over the age of 21, imposing a 20% tax on marijuana sales, requiring the Department of Revenue to develop rules to regulate marijuana businesses, and allowing for the resentencing or expungement of marijuana-related crimes.”

Public Question 1 in New Jersey
If New Jersey’s Public Question 1 passes, it will “legalize the possession and use of marijuana for persons age 21 and older and legalize the cultivation, processing, and sale of retail marijuana.”

Initiative 65 in Mississippi
Mississippians get to vote on legalizing medical marijuana. A citizen-led ballot measure, Initiative 65, would OK it for a variety of conditions. Meanwhile, Initiative 65A—a government-led measure that’s been accused of being floated just to confuse voters—would legalize medical marijuana for terminally ill people only.

Initiative 429 in Nebraska
This ballot measure would legalize all sorts of gambling at licensed racetracks. “Currently, Nebraska outlaws gambling, except with respect to the state lottery, licensed raffles, and bingo,” notes Ballotpedia.

Measure 109 in Oregon
Oregon’s Measure 109 would let people legally purchase and consume hallucinogenic mushrooms under the care of a psilocybin administrator. If passed, it would give the Oregon Health Authority two years to “determine who is eligible to be licensed as a facilitator, determine what qualifications, education, training, and exams are needed, and create a code of professional conduct for facilitators,” says Ballotpedia.

Ballot Measure 2 in Alaska and Question 2 in Massachusetts
Ballot initiatives in Alaska and Massachusetts would establish ranked-choice voting, in which voters rank candidates by order of preference instead of just voting for one candidate.

Proposition 25 in California
Voting yes on Proposition 25 will help bring more fairness to the bail system. “A ‘yes’ vote is to uphold the contested legislation, Senate Bill 10 (SB 10), which would replace cash bail with risk assessments for detained suspects awaiting trials,” Ballotpedia explains.

Measure 110 in Oregon
This measure would lessen penalties for all sorts of illegal drugs—including heroin and cocaine—moving personal possession of them from serious criminal infractions to something warranting classes or a small fine.


Alas, this year’s ballot measures aren’t all about legalizing drugs, making the criminal justice system fairer, and negating bad workplace regulations. A number of initiatives also seek to limit liberty and individual rights and roll back positive reforms. Here are a few of the worst:

Proposition 20 in California
This California ballot measure “would undo significant criminal justice system reforms passed by California voters in recent years at the very moment that many other states are finally starting to make needed reforms,” explains policy analyst Alix Ollivier with the Reason Foundation (the nonprofit that publishes this site):

Prop. 20, supported by groups such as the California Correctional Peace Officers Association, seeks to address complaints from law enforcement groups that claim it has become too difficult to prosecute repeat offenders, that more minor offenses should be charged as felonies, and they should be able to take DNA from people that commit minor crimes in efforts to expand the DNA database used to help solve crimes.

The initiative would roll back reforms that have been made to the classification of crimes considered non-violent, create two new crimes that would be added to state law—serial theft and organized theft, and make parole more difficult to attain for those convicted of various crimes.

The measure is largely written as law enforcement’s effort to unwind the statewide criminal justice ballot measures voters passed in 2014 and 2016.

Illinois Allow for Graduated Income Tax Amendment
The state is seeking permission to raise people’s income taxes from a flat rate of 4.95 percent to 7.75 percent for households making over $250,000 and 7.99 percent for households with annual incomes over $750,000. The governor already signed a law to this effect last year, but to enact it requires a constitutional amendment since the state constitution bans a progressive income tax.

Proposition 208 in Arizona
Another ballot initiative intended to raise taxes, Arizona’s Proposition 208 would almost double the marginal income tax rate—from 4.5 percent to 8 percent—for high-earning individuals and households. It would also raise taxes on small businesses, since “small businesses pay their taxes on the individual portion of the tax code,” explains Arizona Chamber of Commerce President Glenn Hamer. If Proposition 208 passes, “small businesses will pay a top rate of 8 percent, much higher than the corporate rate of 4.9 percent. We would be the only state in the country to basically double the tax on small businesses, and at a time when so many are struggling.”

Proposition 115 in Colorado
Colorado’s Proposition 115 would criminalize abortion after 22 weeks of pregnancy. “Performing a prohibited abortion would be a Class 1 misdemeanor (the most serious level of misdemeanor in Colorado), which would be punishable by a fine ranging from $500 to $5,000 and not by jail time,” and “medical professionals who are found to have performed a prohibited abortion would have their medical licenses suspended by the Colorado Medical Board for at least three years,” explains Ballotpedia. “Under the initiative, abortions after 22 weeks would be lawful if the physician believes it is immediately necessary to save the life of the pregnant woman.”

Louisiana Amendment 1
Amendment 1 aims to ready Louisiana to curtail abortion access should Roe v. Wade be overturned by amending the state’s constitution to say nothing in it “shall be construed to secure or protect a right to abortion or require the funding of abortion.” As the Wall Street Journal explains, “should a more solidly conservative U.S. Supreme Court give states more authority to regulate abortion, Louisiana state courts would have less ability to strike down antiabortion laws” if Amendment 1 passes.

Proposition 21 in California
This measure would allow for the expansion of state rent control policies.


QUICK HITS

• In a long Twitter thread, Rep. Justin Amash (L–Mich.) lays out the many, many ways that President Donald Trump has failed libertarians:

• Folks in charge of the Grammy Awards are making a big deal about replacing the “world music” award category with the almost-identical category of “global music.”

• “An Eastern Washington teen went to a mental health clinic for help. Eight days later, he died in a jail cell.

The Daily Caller blows holes in Trumpian theories about Democratic nominee Joe Biden and his son, Hunter:

• What will the post-election major parties look like?

• Why the mobile-only streaming platform Quibi failed.

from Latest – Reason.com https://ift.tt/32cdGPw
via IFTTT

Hey, Teacher! Don’t Leave Those Kids at Home

Kids schools coronavirus

As newly detected COVID-19 infections in France spiraled toward 40,000 a day—almost three times the U.S. rate in per capita terms—President Emmanuel Macron announced that his country would undertake a second national lockdown, starting last Friday. But there was one big difference from France’s last lockdown: This time, the schools would remain open.

It’s a sharp contrast with large parts of the U.S., where there has been substantial resistance to reopening schools. Teachers unions in affluent Fairfax, Virginia, recently petitioned for the district’s schools to remain closed for the entire 2020–21 school year. Last week, hundreds of teachers held a sick-out in Idaho’s largest school district, protesting plans to bring kids back to classrooms. 

Many political leaders have demonstrated the same extreme reluctance to resume in-person learning. Two weeks ago, following an uptick in Boston’s positive test rate, Mayor Marty Walsh announced that all city schools would halt in-person learning. Earlier in October, just days after in-person classes recommenced, New York Gov. Andrew Cuomo ordered 124 public schools to shut in New York City COVID-19 hotspots while allowing bars and restaurants to remain open. 

This reluctance has by no means been unanimous. In July, the Florida Department of Education ordered public schools to reopen by the end of August. Scientists, Gov. Ron DeSantis explained, are “just not finding the kids to be major vectors” of disease spread. He also called the school closures “one of the biggest public health mistakes in modern American history.”

For proponents of reopening, the benefits of in-person learning are straightforward: for kids, greater learning and less social isolation; for parents, a greater ability to work. Data from D.C.’s public schools, for example, show an 11 percentage point decline in the fraction of kindergarten students meeting literacy targets. And one economist estimates that school closures drove 1.6 million mothers from the labor force by September. Both factors are particularly relevant for younger children, who are more likely to struggle with online learning and to require supervision if at home.

Meanwhile, opponents argue that reopening schools will spread the disease further: 7-year-olds, not known for being proficient in social distancing, will transmit the virus among themselves and then infect their teachers and families. As a result, they say, we could see large numbers of dead children, teachers, and grandmas. In location after location teachers unions insist they want to resume in-person learning, but insist that doing so just is not safe.

Fortunately, more than nine months into the pandemic, evidence is now available to litigate many of these disputes. For example, it has been clear for months that COVID-19 poses a low mortality risk for children. According to the Centers for Disease Control and Prevention, just 80 American kids under age 15 are known to have died from COVID-19. (In the same time period, around 19,000 have died from other causes.)

In Florida, which provides extremely detailed data on COVID-19 infections, there have been 5 deaths from more than 48,000 known cases in this age group, a case fatality rate of approximately 0.01 percent. (The infection mortality rate,  including undetected cases, is likely substantially lower.) Kids are at a much greater risk during a typical flu season, and obviously society does not think about shutting down schools then.

The far more relevant risk of reopening schools is that kids would spread it to older teachers and family members, who are much more susceptible to COVID-19. In recent weeks, we’ve gotten valuable data on this from states like Florida, where large numbers of schools have been open since mid-August, allowing plentiful opportunity for rampant spread to occur if it is likely to do so.

Florida releases two datasets that are useful for our purposes. The first is the daily case line data—data on every individual in Florida who has tested positive from a PCR or antigen test, including info on age, race, county, date of infection, and whether the patient ultimately is hospitalized or dies. Second: Since the academic year began, Florida has been releasing data on cases associated with schools, covering any student, teacher, or staff member who tests positive.

It turns out there has not been an explosion in cases among school-aged kids since reopening. In fact, comparing September and October against August, when schools had only just begun to reopen, the daily number of detected cases in children ages 5 to 17 has fallen by 33 percent. Cases across all age groups have also fallen sharply—by 40%—over the same period, so to be conservative we can instead look at cases among children as a share of all detected cases. Measured this way, there has been a relative increase in cases among children, but only a very muted one; the share of detected cases involving school-aged children has risen from 7.6 percent to 8.6 percent. (You might wonder whether an increase of this magnitude might be driven by increased testing of children since schools reopened. While this seems possible, a similar relative increase has occurred in the share of children among people hospitalized with COVID-19.) Further, by looking at each age specifically, a consistent pattern arises: The increase in cases is particularly small for elementary-school-aged children and largest for those in late high school.

Since colleges have observed substantial outbreaks while minimal spread has been linked to child care centers, this variation by age seems unsurprising. While it was never realistic to hope that schools would be magically immune from spreading the virus entirely, these numbers strongly suggest that schools aren’t driving substantial spread, especially among younger children.

What about the data on COVID-19 cases in schools? Excluding universities and colleges, slightly more than 7,400 students, teachers, and staffers tested positive from September 6 to October 24. At first glance, it is not immediately apparent whether this is evidence for or against the idea that schools drive spread. After all, there are more than a million school-aged children in Florida, and these data don’t separate people who caught the virus at school from those infected elsewhere.

But if schools are driving spread, those 7,400 cases should be concentrated in a small number of schools, many of which should have large numbers of cases. For example, if five schools have 500 cases each, while most schools have zero cases, this would suggest that a lot of in-school transmission is occurring (unless there is some other explanation—for example, if those schools happen to be in counties with extremely high infection rates). Conversely, if within-school spread is rare, those 7,400 cases should be spread over a large number of schools, each with very few cases (with children largely being infected outside of school, and not spreading it much while at school, thus producing few large clusters).

Which do we see? Among schools that have at least one case, the average elementary school has only 2.17 cases. For middle and high schools, the numbers are 2.76 and 5.55 cases, respectively. Of the institutions that reported at least one case over this seven-week period, 45 percent of elementary schools and 37 percent of middle schools have no other cases recorded; 95 percent and 89 percent, respectively, have five or fewer cases. Even allowing for undercounting due to non-comprehensive testing, it is very difficult to square this with substantial spread at elementary and middle schools. And while high schools are reporting more cases per school, some of this is presumably due to them typically having more students. 

The data also provide insight on whether students are infecting teachers in substantial numbers. Looking at schools with at least one student case, only 17.6 percent have any recorded teacher cases over the entire seven-week sample, with little variation by student age. This is strikingly low—and it almost certainly overestimates the risk teachers face, because it includes cases where the teacher was infected before the student and cases where the infections occurred many weeks apart. Common sense also suggests that undercounting is likely to be a less relevant factor: Even if kids are not being tested much, teachers are likely being more vigilant about being tested, especially once a positive case has been announced in their school community. 

The experience in Florida adds to a growing mound of evidence—not just in the U.S. but in places as far-flung as Iceland, Australia, and Singapore—that young children are rarely superspreaders. Policy makers should remember the substantial harms of keeping schools shut, and the minimal disease spread that schools (especially elementary and middle schools) appear to be causing.

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via IFTTT

Hey, Teacher! Don’t Leave Those Kids at Home

Kids schools coronavirus

As newly detected COVID-19 infections in France spiraled toward 40,000 a day—almost three times the U.S. rate in per capita terms—President Emmanuel Macron announced that his country would undertake a second national lockdown, starting last Friday. But there was one big difference from France’s last lockdown: This time, the schools would remain open.

It’s a sharp contrast with large parts of the U.S., where there has been substantial resistance to reopening schools. Teachers unions in affluent Fairfax, Virginia, recently petitioned for the district’s schools to remain closed for the entire 2020–21 school year. Last week, hundreds of teachers held a sick-out in Idaho’s largest school district, protesting plans to bring kids back to classrooms. 

Many political leaders have demonstrated the same extreme reluctance to resume in-person learning. Two weeks ago, following an uptick in Boston’s positive test rate, Mayor Marty Walsh announced that all city schools would halt in-person learning. Earlier in October, just days after in-person classes recommenced, New York Gov. Andrew Cuomo ordered 124 public schools to shut in New York City COVID-19 hotspots while allowing bars and restaurants to remain open. 

This reluctance has by no means been unanimous. In July, the Florida Department of Education ordered public schools to reopen by the end of August. Scientists, Gov. Ron DeSantis explained, are “just not finding the kids to be major vectors” of disease spread. He also called the school closures “one of the biggest public health mistakes in modern American history.”

For proponents of reopening, the benefits of in-person learning are straightforward: for kids, greater learning and less social isolation; for parents, a greater ability to work. Data from D.C.’s public schools, for example, show an 11 percentage point decline in the fraction of kindergarten students meeting literacy targets. And one economist estimates that school closures drove 1.6 million mothers from the labor force by September. Both factors are particularly relevant for younger children, who are more likely to struggle with online learning and to require supervision if at home.

Meanwhile, opponents argue that reopening schools will spread the disease further: 7-year-olds, not known for being proficient in social distancing, will transmit the virus among themselves and then infect their teachers and families. As a result, they say, we could see large numbers of dead children, teachers, and grandmas. In location after location teachers unions insist they want to resume in-person learning, but insist that doing so just is not safe.

Fortunately, more than nine months into the pandemic, evidence is now available to litigate many of these disputes. For example, it has been clear for months that COVID-19 poses a low mortality risk for children. According to the Centers for Disease Control and Prevention, just 80 American kids under age 15 are known to have died from COVID-19. (In the same time period, around 19,000 have died from other causes.)

In Florida, which provides extremely detailed data on COVID-19 infections, there have been 5 deaths from more than 48,000 known cases in this age group, a case fatality rate of approximately 0.01 percent. (The infection mortality rate,  including undetected cases, is likely substantially lower.) Kids are at a much greater risk during a typical flu season, and obviously society does not think about shutting down schools then.

The far more relevant risk of reopening schools is that kids would spread it to older teachers and family members, who are much more susceptible to COVID-19. In recent weeks, we’ve gotten valuable data on this from states like Florida, where large numbers of schools have been open since mid-August, allowing plentiful opportunity for rampant spread to occur if it is likely to do so.

Florida releases two datasets that are useful for our purposes. The first is the daily case line data—data on every individual in Florida who has tested positive from a PCR or antigen test, including info on age, race, county, date of infection, and whether the patient ultimately is hospitalized or dies. Second: Since the academic year began, Florida has been releasing data on cases associated with schools, covering any student, teacher, or staff member who tests positive.

It turns out there has not been an explosion in cases among school-aged kids since reopening. In fact, comparing September and October against August, when schools had only just begun to reopen, the daily number of detected cases in children ages 5 to 17 has fallen by 33 percent. Cases across all age groups have also fallen sharply—by 40%—over the same period, so to be conservative we can instead look at cases among children as a share of all detected cases. Measured this way, there has been a relative increase in cases among children, but only a very muted one; the share of detected cases involving school-aged children has risen from 7.6 percent to 8.6 percent. (You might wonder whether an increase of this magnitude might be driven by increased testing of children since schools reopened. While this seems possible, a similar relative increase has occurred in the share of children among people hospitalized with COVID-19.) Further, by looking at each age specifically, a consistent pattern arises: The increase in cases is particularly small for elementary-school-aged children and largest for those in late high school.

Since colleges have observed substantial outbreaks while minimal spread has been linked to child care centers, this variation by age seems unsurprising. While it was never realistic to hope that schools would be magically immune from spreading the virus entirely, these numbers strongly suggest that schools aren’t driving substantial spread, especially among younger children.

What about the data on COVID-19 cases in schools? Excluding universities and colleges, slightly more than 7,400 students, teachers, and staffers tested positive from September 6 to October 24. At first glance, it is not immediately apparent whether this is evidence for or against the idea that schools drive spread. After all, there are more than a million school-aged children in Florida, and these data don’t separate people who caught the virus at school from those infected elsewhere.

But if schools are driving spread, those 7,400 cases should be concentrated in a small number of schools, many of which should have large numbers of cases. For example, if five schools have 500 cases each, while most schools have zero cases, this would suggest that a lot of in-school transmission is occurring (unless there is some other explanation—for example, if those schools happen to be in counties with extremely high infection rates). Conversely, if within-school spread is rare, those 7,400 cases should be spread over a large number of schools, each with very few cases (with children largely being infected outside of school, and not spreading it much while at school, thus producing few large clusters).

Which do we see? Among schools that have at least one case, the average elementary school has only 2.17 cases. For middle and high schools, the numbers are 2.76 and 5.55 cases, respectively. Of the institutions that reported at least one case over this seven-week period, 45 percent of elementary schools and 37 percent of middle schools have no other cases recorded; 95 percent and 89 percent, respectively, have five or fewer cases. Even allowing for undercounting due to non-comprehensive testing, it is very difficult to square this with substantial spread at elementary and middle schools. And while high schools are reporting more cases per school, some of this is presumably due to them typically having more students. 

The data also provide insight on whether students are infecting teachers in substantial numbers. Looking at schools with at least one student case, only 17.6 percent have any recorded teacher cases over the entire seven-week sample, with little variation by student age. This is strikingly low—and it almost certainly overestimates the risk teachers face, because it includes cases where the teacher was infected before the student and cases where the infections occurred many weeks apart. Common sense also suggests that undercounting is likely to be a less relevant factor: Even if kids are not being tested much, teachers are likely being more vigilant about being tested, especially once a positive case has been announced in their school community. 

The experience in Florida adds to a growing mound of evidence—not just in the U.S. but in places as far-flung as Iceland, Australia, and Singapore—that young children are rarely superspreaders. Policy makers should remember the substantial harms of keeping schools shut, and the minimal disease spread that schools (especially elementary and middle schools) appear to be causing.

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via IFTTT

In Texas, Wearing the Wrong Thing to the Polls Could Land You in Jail

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When Jillian Ostrewich showed up to vote in the 2018 midterm elections, a pollworker denied her entry. At issue was Ostrewich’s shirt, a Houston firefighters tee with union insignia, which was deemed to violate a prohibition on wearing politicized regalia within 100 feet of a polling place. Rules against “electioneering” at the polls are typically understood to restrict signs, posters, and verbal attempts to sway voters, but Texas has laid out a more stringent approach—and running amok of electioneering law there can constitute a criminal offense.

If Ostrewich’s outfit choice sounds benign, that’s because it was. But one measure on the ballot, Proposition B, was an initiative dealing with firefighter pay. So the “election judge” at Ostrewich’s polling place ordered her to turn her shirt inside-out or go home; she felt violated but complied, went to the back of the line, and eventually cast her vote.

“On the merits, the electioneering statutes violate the Free Speech Clause of the First Amendment,” argues a suit by the nonprofit Pacific Legal Foundation (PLF). In making her case, Ostrewich’s attorneys invoke Minnesota Voters Alliance v. Mansky (2018), a Supreme Court precedent that struck down a similar law in Minnesota. The Texas statutes “are facially unconstitutional under [Minnesota Voters Alliance],” the suit says, “because they do not provide to the tens of thousands of election workers that enforce them any ‘objective, workable standards’ about ‘what may come in [and] what must stay out,’ resulting in ‘erratic application’ of the law.”

That erratic application was on full display in Ostrewich’s case: A county administrator specifically advised that her union shirt be exempt from any electioneering charges, though that guidance came the day after Ostrewich voted. The t-shirt “did not mention any candidate, measure, or political party, much less take a position,” writes PLF. Texas electioneering law also prohibits any clothing bearing a slogan or the name of a past candidate, including those not in Texas and those no longer living.

“I think one of the very troubling aspects of the Texas law is that election judges disagree on what is and what is not electioneering,” says Wen Fa, the lead attorney on Ostrewich’s suit. “Some judges see Black Lives Matter as electioneering. Others do not. Some people see Second Amendment t-shirts as electioneering. Others do not. Some see Tea Party t-shirts as electioneering. Others do not.”

One of the more open-and-shut cases came in 2016, when Brett Mauthe wore a “Make America Great Again” hat paired with a “Basket of Deplorables” shirt, both clearly indicating his support for presidential candidate Donald Trump. Mauthe agreed to remove the hat but refused to turn his shirt inside-out. He was arrested and eventually released on $500 bond, as if he was somehow a danger to the public.

That sort of crackdown is rare; enforcement is typically limited to arguments between clerks and voters. But then, arguments are one of the things the law is supposed to stop. “States are worried about other voters being offended that someone is supporting Trump, or supporting Biden, or supporting whichever other candidates, so they prevent voters from wearing them in the first place,” notes Fa. (Fa knows of no evidence that any voter-on-voter confrontations have stemmed from a t-shirt in Texas.)

“If you just ask a person on the street,” says Fa, “you would not really think of this as a criminal offense. People have the right to express themselves.  They have the right to express their political opinions. And their right to free speech does not stop on election day.”

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In Texas, Wearing the Wrong Thing to the Polls Could Land You in Jail

rtrltwelve255852

When Jillian Ostrewich showed up to vote in the 2018 midterm elections, a pollworker denied her entry. At issue was Ostrewich’s shirt, a Houston firefighters tee with union insignia, which was deemed to violate a prohibition on wearing politicized regalia within 100 feet of a polling place. Rules against “electioneering” at the polls are typically understood to restrict signs, posters, and verbal attempts to sway voters, but Texas has laid out a more stringent approach—and running amok of electioneering law there can constitute a criminal offense.

If Ostrewich’s outfit choice sounds benign, that’s because it was. But one measure on the ballot, Proposition B, was an initiative dealing with firefighter pay. So the “election judge” at Ostrewich’s polling place ordered her to turn her shirt inside-out or go home; she felt violated but complied, went to the back of the line, and eventually cast her vote.

“On the merits, the electioneering statutes violate the Free Speech Clause of the First Amendment,” argues a suit by the nonprofit Pacific Legal Foundation (PLF). In making her case, Ostrewich’s attorneys invoke Minnesota Voters Alliance v. Mansky (2018), a Supreme Court precedent that struck down a similar law in Minnesota. The Texas statutes “are facially unconstitutional under [Minnesota Voters Alliance],” the suit says, “because they do not provide to the tens of thousands of election workers that enforce them any ‘objective, workable standards’ about ‘what may come in [and] what must stay out,’ resulting in ‘erratic application’ of the law.”

That erratic application was on full display in Ostrewich’s case: A county administrator specifically advised that her union shirt be exempt from any electioneering charges, though that guidance came the day after Ostrewich voted. The t-shirt “did not mention any candidate, measure, or political party, much less take a position,” writes PLF. Texas electioneering law also prohibits any clothing bearing a slogan or the name of a past candidate, including those not in Texas and those no longer living.

“I think one of the very troubling aspects of the Texas law is that election judges disagree on what is and what is not electioneering,” says Wen Fa, the lead attorney on Ostrewich’s suit. “Some judges see Black Lives Matter as electioneering. Others do not. Some people see Second Amendment t-shirts as electioneering. Others do not. Some see Tea Party t-shirts as electioneering. Others do not.”

One of the more open-and-shut cases came in 2016, when Brett Mauthe wore a “Make America Great Again” hat paired with a “Basket of Deplorables” shirt, both clearly indicating his support for presidential candidate Donald Trump. Mauthe agreed to remove the hat but refused to turn his shirt inside-out. He was arrested and eventually released on $500 bond, as if he was somehow a danger to the public.

That sort of crackdown is rare; enforcement is typically limited to arguments between clerks and voters. But then, arguments are one of the things the law is supposed to stop. “States are worried about other voters being offended that someone is supporting Trump, or supporting Biden, or supporting whichever other candidates, so they prevent voters from wearing them in the first place,” notes Fa. (Fa knows of no evidence that any voter-on-voter confrontations have stemmed from a t-shirt in Texas.)

“If you just ask a person on the street,” says Fa, “you would not really think of this as a criminal offense. People have the right to express themselves.  They have the right to express their political opinions. And their right to free speech does not stop on election day.”

from Latest – Reason.com https://ift.tt/2HYDrf2
via IFTTT