Masks In Sweden

Masks In Sweden

Authored by Daniel Klein via The American Institute for Economic Research,

I have been puzzling over attitudes about masks and other facial coverings, particularly in Sweden. Here I use “mask” to mean also a scarf or any other kind of covering over one’s mouth and nose.

In early March 2020, at the start of Spring Break from university employment, I departed the United States for Sweden, but the world changed and I’ve remained in Sweden, where I am now. I don’t read or speak Swedish but many of my friends and associates here are Swedes, including my wife and daughter. I shared earlier drafts of the present rumination with several Swedes in intellectual careers, to check my impressions and suppositions.

The highly trusted Swedish authorities have not encouraged wearing a mask to protect yourself from becoming infected. In fact, they have put out communications that discourage doing so. The experts do encourage social distancing, and, famously now, leave it mainly to voluntary choice. 

Swedes practice social distancing, but they don’t much wear masks. In the stores, on the urban streets, and on public transportation, perhaps 10 percent wear masks. Not many. In many other countries mask-wearing is strongly encouraged or even required.

I strongly suspect that mask-wearing helps significantly to prevent the spread of the disease. I won’t bother here to defend that suspicion.

My wife and daughter live in Sweden. As an 18 year old, my daughter has an active work and social life. She is both a member of a cheerleading team, and a coach of a cheerleading team. Both activities have continued on throughout the pandemic, although the team members have stopped “stunting” with one another, instead doing more individual gymnastics and training.

In early March I was strongly opposed to her keeping up the cheerleading activities and her other regular social activities. In my household my opinion counts for little, and she has continued to live her life pretty normally (her high-school classes went online, however).

Now in early May, however, my attitude has rather changed. I need to take precautions against catching the virus from her, I need to stay fit, but I want her to live her life without great precaution against her catching the virus (this of course is on the assumption that subsequent immunity is not only short-lived). 

I have a vague sense of “herd immunity” as a certain threshold, estimated to something like 60+% of immunity for Covid19. But even if things long remain well shy of that threshold, one more percentage point has an upside, as well as a downside. Think about the percentage with immunity going from 27 percent to 28 percent. The people in that additional percentage point can suffer and die as they become infected, and they can, for a few weeks (?), infect others, such as their elderly parents who are more vulnerable. But once someone like my daughter gets past it, she can get on with life, and cannot thereafter be a spreader (though for how long is unknown). 

Many factors would affect the unfolding scene of humankind’s future. But it is not implausible that that scene is better when Swedes mostly do not wear masks on public transportation than when they do. Ditto the Czech Republic, where people are required to wear masks. If you listen here to the former Swedish State Epidemiologist Johan Giesecke, the man who hired the current one, Anders Tegnell, you’ll find what he says consistent with what I’m suggesting here, but no mention of masks. But elsewhere he has downplayed the value of wearing a mask.

As the pandemic began there was the problem of stock-outs of masks and other protective equipment, and that surely helped to prompt officials to discourage pervasive mask-wearing. But that problem was temporary and, at any rate, officials could have encouraged the public to devise simple makeshifts, such as scarves. I think there is a deeper dilemma surrounding mask messaging.

I cannot help suspect that behind the posture of Swedish officialdom is a tacit sensibility that it’s good to inch the exposure upward. I do not mean to suggest a secret deliberate strategy. Rather, it would be a complex sociological process of taboo, half-conscious esotericism, and circumspection among some who are not yet in a position to speak with candor and openness. 

If it were to the good that they mask their sensibilities, would it be wrong of me to unmask them? 

It is possible that neither their masking nor my unmasking would be blameworthy; their discourse situation differs from my discourse situation.


Tyler Durden

Wed, 05/06/2020 – 03:30

via ZeroHedge News https://ift.tt/2A4clis Tyler Durden

Ferrari Touts “Strong Order Book”, Expects To Outperform In 2H 2020 Despite Auto Industry Implosion

Ferrari Touts “Strong Order Book”, Expects To Outperform In 2H 2020 Despite Auto Industry Implosion

If there’s one topic we have covered widely since the coronavirus pandemic started, it has been the collapse of the auto industry.

Over the last week we have detailed how used car prices will likely cripple what little interest in new cars remains, how dealers are scrambling to desperately offer incentives and how ships full of vehicles are being turned away at port cities due to a lack of space and inventory glut.

But, if there’s one silver lining to global central banks widening the wealth gap, its that the super-rich still have plenty of cash to buy exotic vehicles. While demand may be tepid from average run-of-the-mill car buyers, the wealthy have kept a bid under the price of luxury automobiles, Ferrari reported this week. 

The maker of the $1.74 million Monza supercar said this week that its order book is “strong” regardless of a 7 week shutdown at its Italian plants, according to Bloomberg. The company’s CFO said on Monday that deliveries in Q1 were actually up 5% from the year prior. 

Despite lowing its 2020 guide, the company is predicting a recovery in the second half of the year. The company says it could see faster revenue and profit growth than expected with the recovery as a tailwind. 

Bloomberg Intelligence analyst Michael Dean said: “Evidence from the prior financial crisis suggests demand should remain robust. However, the main risk is that production will again be shuttered if there’s a second wave of Covid-19 infections in Italy.”

As Ferrari returns to work, the company may wind up asking employees to work Saturdays and shorten summer holidays in order to catch up with its order book.

Plants in Maranello and Modena will be back to full production on May 8 and Premier Giuseppe Conte is working toward a gradual re-opening of the country’s economy after an almost two month halt once it was discovered that Italy was a epicenter of the coronavirus outbreak.

Despite some cancellations, Ferrari says the numbers are “nothing that we would deem to be alarming”. The company introduced five new models in 2019 and boosted sales to more than 10,000 units per year for the first time in the company’s history. Ferrari delivered 2,728 cars in Q1. 

Massimo Vecchio, an analyst for UBI Banca said the company’s results show “strong resiliency”. At the same time, automakers like Daimler and Renault have withdrawn guidance completely. 


Tyler Durden

Wed, 05/06/2020 – 02:45

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France To Use Existing Surveillance Grid To Enforce Social Distancing, Mask Wearing; Report

France To Use Existing Surveillance Grid To Enforce Social Distancing, Mask Wearing; Report

Authored by Steve Watson via Summit News,

France will use its existing network of surveillance cameras to monitor how many people are wearing masks and track how citizens are complying with social distancing after its coronavirus lockdown is eased next week, according to reports.

The BBC notes that “The resort city of Cannes on the Côte d’Azur has trialled the monitoring software, installed at outdoor markets and on buses.”

Datakalab, the French firm behind the software says its algorithms “can be incorporated into existing surveillance systems in other public spaces, such as hospitals, stations, airports and shopping centres.”

The company claims that the software being installed to work with existing cameras does not violate EU data privacy laws because “No image is stored or transmitted.”

Cannes Mayor David Lisnard said, “This technology doesn’t identify people but just gives us mathematical analysis to meet people’s needs.”

So, essentially, it’s ok to track you everywhere you go to ensure you comply, so long as they don’t keep your picture on a hard drive.

France already announced that face masks will be compulsory on public transport and in schools from next week. The country’s lockdown has been more severe than most, with anyone traveling outside their home needing papers approved by the authorities. Anyone found outside without the relevant documents is subject to a fine of €135 upwards.

The case in France highlights how the framework of surveillance that has already been in place and rapidly expanding for two decades is now being used to enforce the removal of freedoms.

We also recently highlighted how tech companies all over the world are developing more sophisticated tools that will allow law enforcement to more effectively police social distancing rules.

We are so used to surveillance now that for many it doesn’t seem that much more of a change to simply give over total compliance and acceptance of a panopticon world.

Coronavirus was just the crisis need to institute permanent societal lockdown using already existing tools, as well as new technologies that can be slotted into those systems already in place.


Tyler Durden

Wed, 05/06/2020 – 02:00

via ZeroHedge News https://ift.tt/3dpGbfL Tyler Durden

Chinese Buyers Flee Hong Kong Real Estate In Major Hit To World’s Priciest Property Market

Chinese Buyers Flee Hong Kong Real Estate In Major Hit To World’s Priciest Property Market

Mainland Chinese are no fools. They’re shunning commercial real estate deals in Hong Kong as a deep recession unfolds. 

According to Bloomberg, citing a new CBRE Group Inc. report, there were no mainland Chinese buyers for property transactions greater than HK$77 million ($10 million) in 1Q20. This was a sharp difference from several years ago when bidding wars drove property prices higher.  

“A lot of mainland buyers are taking a step back because of the economic outlook and the conflicts that made them feel unwelcome,” said Reeves Yan, head of capital markets at CBRE. 

Preliminary data on Monday showed Hong Kong’s economy crashed in 1Q20, with the worst economic contraction ever, printing -8.9% YoY. The data suggest a further plunge in economic activity will be seen in 2Q as more of the lockdown was captured in the quarter.

Yan said capital controls imposed by Beijing on money flowing in and out of China had also damaged the commercial real estate market. 

As shown in the chart below, there was a confluence of events that resulted in the decline of buyers:

The decline of mainland participation also resulted in a price slump, data from the Rating and Valuation Department showed. A decades-long trendline was recently broken. A peak in prices was seen about a year after the global slowdown started, and about half a year after the trade war gained momentum. In February, prices fell 8.5% from a year earlier.

Hong Kong Financial Secretary Paul Chan Mo-Po warned on Monday that a “deep recession” has made the “economic situation very challenging.”

Iris Pang, Greater China economist at ING, said there are some signs the virus spread across Asia has slowed but warned: “social distancing will continue to hurt catering and shopping.” She said the risk of more protests is increasing for “the summer holidays.” 

A recovery of Hong Kong’s collapsed tourism industry could take years. Chinese tourists began to shun the city when protests erupted last summer. Then when the pandemic unfolded earlier this year, mainlanders completely abandoned the area. The decline of mainlanders means a reduction in foot traffic at the world’s most expensive shopping mall, located at Hong Kong’s Times Square in the center of Causeway Bay, reported Bloomberg. This is the area where mainlanders would come to pick up expensive watches and discounted cosmetics. 

The Tiffany & Co. store at Times Square in Hong Kong. h/t Bloomberg

Mainlander visitors plummeted 53% in December over the prior year, mainly because of the protest. However, the virus, which resulted in strict stay-at-home orders, is likely to show visitor data near zero for early 2020. 

“Many retailers are saying it’s a disaster,” said Nicholas Bradstreet, managing director of at Savills Plc. “In the last 10 days, their sales have been down 70% to 80% week-on-week. There’s very little traffic into the shops” at retail districts like Central, Causeway Bay and Tsim Sha Tsui, he added. 

Times Square fronts Russell Street, where commercial real estate prices are equivalent to New York City’s and is some of the most expensive in the world. Prada, operating a store in the retail district, recently got out of its HK$9 million ($1.2 million) per month lease as the area now resembles a ghost town. 

“Causeway Bay is very quiet now. It used to have a lot of traffic,” said Wong, a salesperson at a retail store in the area. “With the scarcity of face masks, people would rather not go out at all.”

Times Square in Causeway Bay, Hong Kong. 
h/t Bloomberg

The retail downturn in Hong Kong is due to the lack of tourists from China, has stressed out landlords, and dented commercial real estate prices as we noted above. 

Mall owners, including Times Square’s Wharf Real Estate Investment Co., is facing rent pressures and rising vacancies. The shares of the company have corrected about 15% since late January. 

The deepening economic contraction will undoubtedly be shown in 2Q20. This will continue to pressure real estate prices as it now appears the prospects of a V-shaped recovery are fading. 


Tyler Durden

Wed, 05/06/2020 – 01:00

via ZeroHedge News https://ift.tt/3forgUP Tyler Durden

Plastic Bag Bans Do More Harm Than Good

Recently, many politicians were in such a hurry to ban plastic bags.

California and Hawaii banned them, then New York. Then Oregon, Connecticut, Maine, and Vermont passed laws against them. More than 400 cities did, too.

Why? Because plastic bags are evil, didn’t you know?

“Look at the damage done by plastic bags! It is everywhere!” complained New York Gov. Andrew Cuomo (D).

A Washington state senator cited “videos of animals choked by plastics, tangled in garbage!”

So what should we use instead of plastic? Cloth bags! They’re reusable! “Certainly the way to go!” said New Jersey’s assembly speaker.

But now, suddenly, politicians are canceling their bans. Instead, they’re banning the once praised reusable bags.

It’s because of COVID-19, of course.

Reusable bags already brought bacteria into stores. We’re supposed to wash them, but almost no one does. Studies found reusable bags crawling with dangerous bacteria. After plastic bags were banned in San Francisco, food poisoning deaths increased sharply.

But environmental groups, like Greenpeace, call those disease fears “misinformation.”

“There are no studies or evidence that reusable bags are transmitting viruses,” says Alex Truelove of the Public Interest Research Group, in my new video.

He’s right. There are no human studies, but COVID-19 is so new. Millions of piglets died from swine coronavirus. The agriculture department concluded that reusable feed bags were probably the cause.

Still, even now, some politicians can’t wait to ban plastic again. Boston Mayor Marty Walsh says “as soon as this crisis is over we’ll go back to all paper bags and reusable bags.”

“Politicians are always just looking for something to do,” complains supermarket executive Andrea Catsimatidis.

She points out that paper bags cost five times what plastic costs. “When you’re talking billions of bags, it really adds up!”

And paper bags don’t hold as much. They rip.

Plastic is more convenient. Why must politicians take away what’s convenient?

“Over two-thirds of everything we use is not recycled or composted and ends up in a landfill,” complains Truelove.

So what?

People think America is running out of room for landfills, but that’s not true.

“All America’s trash for the next century would fit in one landfill just 18 miles square,” says environmental economist Ross McKitrick. Landfills take up so little space that “if you look the air you wouldn’t even be able to see where landfills are.”

And modern landfills hardly pollute. They’re surrounded by layers of clay and plastic that keep nasty stuff in the garbage from leaking out.

But what about all that plastic in the ocean?

Plastic bags are sometimes eaten by animals. Some sea turtles mistake the bags for jellyfish and then starve. Islands of floating garbage have formed in the Pacific Ocean.

Green groups have convinced Americans that we are to blame.

But we aren’t! Even if you litter—and today, fewer Americans do—your litter is unlikely to end up in an ocean.

Almost all the plastic in oceans comes from Asia and Africa. Less than 1 percent comes from North America.

In other words, banning plastic bags in America will accomplish roughly…nothing.

What it will do is inconvenience Americans and make some of us sick.

Truelove says, “We should…set an example for the rest of the world.”

“That’s posturing,” replies McKitrick. “The rest of the world isn’t looking to see what you do with your Starbucks cup.

“If we are concerned about other countries’ waste going into their river systems,” he adds, “there are better things we can do. We can share technology with them so they process their waste better. That’s better than imposing on consumers’ tiresome inconveniences in hopes that it will somehow change behavior on the other side of the planet.”

Politicians “looking for something to do” routinely do more harm than good.

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“The Modesty of Our Lexicographers” (Well, 1846 Lexicographers)

From the report of Edgar v. McCutchen, an 1846 Missouri Supreme Court case:

McCutchen sued Edgar for slander. The slanderous charge was carnal knowledge of a mare, and the word “fuck” was used to convey the imputation. After the verdict for the plaintiff, a motion made in arrest of judgment, for the reason that the word used to convey the slander, was unknown to the English language, and was not understood by those to whom it was spoken ….

Per Curiam.

Because the modesty of our lexicographers restrains them from publishing obscene words, or from giving the obscene signification to words that may be used without conveying any obscenity, it does not follow that they are not English words, and not understood by those who hear them; or that chaste words may not be applied so as to be understood in an obscene sense by every one who hears them.

Makes sense to me.

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When Are COVID-19 Control Measures ‘Arbitrary’ and ‘Unreasonable’?

When he rejected a legal challenge to Michigan’s COVID-19 lockdown last week, Court of Claims Judge Christopher Murray quoted at length from Jacobson v. Massachusetts, a 1905 decision in which the U.S. Supreme Court upheld mandatory smallpox vaccination. But he left out the part where the justices said state public health powers, while broad, have limits.

We should be discovering those limits at a time when hundreds of millions of Americans have been confined to their homes except for government-approved purposes. But with a few notable exceptions, the courts have not been inclined to scrutinize sweeping COVID-19 control measures that entail unprecedented restrictions on our liberties and livelihoods.

If any state lockdowns were legally vulnerable, the one imposed by Michigan Gov. Gretchen Whitmer would be at the top of the list, since it has featured not just broad business closure and stay-at-home orders but seemingly arbitrary distinctions between permitted and prohibited activities. At various points, Whitmer has decreed that residents could not travel between their primary residences and their vacation homes in Michigan; that people could use rowboats but not motorboats; that lawn care companies could not operate even if they followed social distancing guidelines; and that big-box retailers deemed essential could not sell nonessential products such as paint and vegetable seeds.

Rejecting a motion for a preliminary injunction from several business owners, Murray said the relevant question is whether Whitmer’s lockdown had a “real or substantial relation to the public health crisis” and was not “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.” While “this measure is a severe one” that “greatly restricts each of our liberties to move about as we see fit,” he said, “the governor determined that severe measures were necessary, and had to be quickly implemented to prevent the uncontrolled spreading of the virus.”

The Pennsylvania Supreme Court took a similar stance when it rejected a lawsuit challenging aspects of that state’s lockdown last month. It said business closures do not amount to a “regulatory taking,” requiring “just compensation” under the Fifth Amendment.

The justices also said business owners got all the process that was due. Once Gov. Tom Wolf decided certain businesses had to close because they were not “life-sustaining,” the court noted, they could ask him to reconsider, albeit through a process that critics described as “utterly ineffective.”

These decisions followed a long tradition of giving states wide leeway to protect the public against communicable diseases, epitomized by Jacobson. But even as the Supreme Court approved mandatory vaccination in that case, it recognized that judicial intervention might be appropriate in different circumstances.

The police power “may be exerted in such circumstances, or by regulations so arbitrary and oppressive in particular cases, as to justify the interference of the courts to prevent wrong and oppression,” Justice John Marshall Harlan noted. “An acknowledged power of a local community to protect itself against an epidemic threatening the safety of all might be exercised in particular circumstances and in reference to particular persons in such an arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public, as to authorize or compel the courts to interfere for the protection of such persons.”

If edicts like Whitmer’s do not qualify as “arbitrary” and “unreasonable,” what would?

Law professors Lindsay Wiley and Stephen Vladeck, who think most official responses to COVID-19 could withstand judicial scrutiny, argue that courts nevertheless should not abdicate their responsibility to protect civil liberties, especially during an emergency when politicians are inclined to overlook them. “The more that courts coalesce around a standard in which governments are held to exceedingly modest burdens of justification for incursions into our civil liberties during emergencies,” they warn, “the more those same governments might be incentivized not only to use emergencies as pretexts for scaling back our rights, but to find pretexts for triggering such emergencies in the first place.”

© Copyright 2020 by Creators Syndicate Inc.

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Plastic Bag Bans Do More Harm Than Good

Recently, many politicians were in such a hurry to ban plastic bags.

California and Hawaii banned them, then New York. Then Oregon, Connecticut, Maine, and Vermont passed laws against them. More than 400 cities did, too.

Why? Because plastic bags are evil, didn’t you know?

“Look at the damage done by plastic bags! It is everywhere!” complained New York Gov. Andrew Cuomo (D).

A Washington state senator cited “videos of animals choked by plastics, tangled in garbage!”

So what should we use instead of plastic? Cloth bags! They’re reusable! “Certainly the way to go!” said New Jersey’s assembly speaker.

But now, suddenly, politicians are canceling their bans. Instead, they’re banning the once praised reusable bags.

It’s because of COVID-19, of course.

Reusable bags already brought bacteria into stores. We’re supposed to wash them, but almost no one does. Studies found reusable bags crawling with dangerous bacteria. After plastic bags were banned in San Francisco, food poisoning deaths increased sharply.

But environmental groups, like Greenpeace, call those disease fears “misinformation.”

“There are no studies or evidence that reusable bags are transmitting viruses,” says Alex Truelove of the Public Interest Research Group, in my new video.

He’s right. There are no human studies, but COVID-19 is so new. Millions of piglets died from swine coronavirus. The agriculture department concluded that reusable feed bags were probably the cause.

Still, even now, some politicians can’t wait to ban plastic again. Boston Mayor Marty Walsh says “as soon as this crisis is over we’ll go back to all paper bags and reusable bags.”

“Politicians are always just looking for something to do,” complains supermarket executive Andrea Catsimatidis.

She points out that paper bags cost five times what plastic costs. “When you’re talking billions of bags, it really adds up!”

And paper bags don’t hold as much. They rip.

Plastic is more convenient. Why must politicians take away what’s convenient?

“Over two-thirds of everything we use is not recycled or composted and ends up in a landfill,” complains Truelove.

So what?

People think America is running out of room for landfills, but that’s not true.

“All America’s trash for the next century would fit in one landfill just 18 miles square,” says environmental economist Ross McKitrick. Landfills take up so little space that “if you look the air you wouldn’t even be able to see where landfills are.”

And modern landfills hardly pollute. They’re surrounded by layers of clay and plastic that keep nasty stuff in the garbage from leaking out.

But what about all that plastic in the ocean?

Plastic bags are sometimes eaten by animals. Some sea turtles mistake the bags for jellyfish and then starve. Islands of floating garbage have formed in the Pacific Ocean.

Green groups have convinced Americans that we are to blame.

But we aren’t! Even if you litter—and today, fewer Americans do—your litter is unlikely to end up in an ocean.

Almost all the plastic in oceans comes from Asia and Africa. Less than 1 percent comes from North America.

In other words, banning plastic bags in America will accomplish roughly…nothing.

What it will do is inconvenience Americans and make some of us sick.

Truelove says, “We should…set an example for the rest of the world.”

“That’s posturing,” replies McKitrick. “The rest of the world isn’t looking to see what you do with your Starbucks cup.

“If we are concerned about other countries’ waste going into their river systems,” he adds, “there are better things we can do. We can share technology with them so they process their waste better. That’s better than imposing on consumers’ tiresome inconveniences in hopes that it will somehow change behavior on the other side of the planet.”

Politicians “looking for something to do” routinely do more harm than good.

COPYRIGHT 2020 BY JFS PRODUCTIONS INC.
DISTRIBUTED BY CREATORS.COM

from Latest – Reason.com https://ift.tt/2WxdxT6
via IFTTT

“The Modesty of Our Lexicographers” (Well, 1846 Lexicographers)

From the report of Edgar v. McCutchen, an 1846 Missouri Supreme Court case:

McCutchen sued Edgar for slander. The slanderous charge was carnal knowledge of a mare, and the word “fuck” was used to convey the imputation. After the verdict for the plaintiff, a motion made in arrest of judgment, for the reason that the word used to convey the slander, was unknown to the English language, and was not understood by those to whom it was spoken ….

Per Curiam.

Because the modesty of our lexicographers restrains them from publishing obscene words, or from giving the obscene signification to words that may be used without conveying any obscenity, it does not follow that they are not English words, and not understood by those who hear them; or that chaste words may not be applied so as to be understood in an obscene sense by every one who hears them.

Makes sense to me.

from Latest – Reason.com https://ift.tt/2L68kMw
via IFTTT

When Are COVID-19 Control Measures ‘Arbitrary’ and ‘Unreasonable’?

When he rejected a legal challenge to Michigan’s COVID-19 lockdown last week, Court of Claims Judge Christopher Murray quoted at length from Jacobson v. Massachusetts, a 1905 decision in which the U.S. Supreme Court upheld mandatory smallpox vaccination. But he left out the part where the justices said state public health powers, while broad, have limits.

We should be discovering those limits at a time when hundreds of millions of Americans have been confined to their homes except for government-approved purposes. But with a few notable exceptions, the courts have not been inclined to scrutinize sweeping COVID-19 control measures that entail unprecedented restrictions on our liberties and livelihoods.

If any state lockdowns were legally vulnerable, the one imposed by Michigan Gov. Gretchen Whitmer would be at the top of the list, since it has featured not just broad business closure and stay-at-home orders but seemingly arbitrary distinctions between permitted and prohibited activities. At various points, Whitmer has decreed that residents could not travel between their primary residences and their vacation homes in Michigan; that people could use rowboats but not motorboats; that lawn care companies could not operate even if they followed social distancing guidelines; and that big-box retailers deemed essential could not sell nonessential products such as paint and vegetable seeds.

Rejecting a motion for a preliminary injunction from several business owners, Murray said the relevant question is whether Whitmer’s lockdown had a “real or substantial relation to the public health crisis” and was not “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.” While “this measure is a severe one” that “greatly restricts each of our liberties to move about as we see fit,” he said, “the governor determined that severe measures were necessary, and had to be quickly implemented to prevent the uncontrolled spreading of the virus.”

The Pennsylvania Supreme Court took a similar stance when it rejected a lawsuit challenging aspects of that state’s lockdown last month. It said business closures do not amount to a “regulatory taking,” requiring “just compensation” under the Fifth Amendment.

The justices also said business owners got all the process that was due. Once Gov. Tom Wolf decided certain businesses had to close because they were not “life-sustaining,” the court noted, they could ask him to reconsider, albeit through a process that critics described as “utterly ineffective.”

These decisions followed a long tradition of giving states wide leeway to protect the public against communicable diseases, epitomized by Jacobson. But even as the Supreme Court approved mandatory vaccination in that case, it recognized that judicial intervention might be appropriate in different circumstances.

The police power “may be exerted in such circumstances, or by regulations so arbitrary and oppressive in particular cases, as to justify the interference of the courts to prevent wrong and oppression,” Justice John Marshall Harlan noted. “An acknowledged power of a local community to protect itself against an epidemic threatening the safety of all might be exercised in particular circumstances and in reference to particular persons in such an arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public, as to authorize or compel the courts to interfere for the protection of such persons.”

If edicts like Whitmer’s do not qualify as “arbitrary” and “unreasonable,” what would?

Law professors Lindsay Wiley and Stephen Vladeck, who think most official responses to COVID-19 could withstand judicial scrutiny, argue that courts nevertheless should not abdicate their responsibility to protect civil liberties, especially during an emergency when politicians are inclined to overlook them. “The more that courts coalesce around a standard in which governments are held to exceedingly modest burdens of justification for incursions into our civil liberties during emergencies,” they warn, “the more those same governments might be incentivized not only to use emergencies as pretexts for scaling back our rights, but to find pretexts for triggering such emergencies in the first place.”

© Copyright 2020 by Creators Syndicate Inc.

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