Animal-Rights Laws Are Coming Back To Bite California and Massachusetts Voters


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Two state animal-rights laws that took effect this weekend are already hurting consumers and the farmers, restaurateurs, and grocers who supply their food.

In California, Proposition 12, a ballot measure adopted by nearly two-thirds of state voters in 2018, now requires livestock enclosures to be large enough that animals such as chickens and pigs have enough room to lie down, turn around, and spread their wings. The law—which, as Vox explained in August, expanded on earlier California animal-rights laws targeting livestock enclosures—includes fines and possible jail time for violators. 

Pork producers in particular fear the rules, at least in part because, welp, the state’s agriculture department is somehow still developing them even as the law takes effect. Those same pork producers have joined with other businesses hurt by the law—including grocers and restaurateurs—in an effort to overturn or delay it, The New York Times reported last month.

The lawsuit, one of several filed seeking to overturn the California law, cites “a ‘disconnect’ between the bill approved by voters three years ago and the way the state is carrying it out[, which] will cause compliance chaos for all affected industries, especially the pork supply chain, which it says will face ‘substantial disruptions,’ potentially including an abrupt stop to pork sales,” the Times report details.

As the Times also notes, Californians eat a lot of pork—around one in every seven pounds of all pork consumed by Americans every year—but raise relatively few hogs. While that means this California law theoretically should impact a small number of farmers, that’s not the case at all.

“The requirements of Proposition 12 apply to covered products sold in the state, irrespective of whether the products originate from covered animals raised on farms within or outside of California,” a newly posted state FAQ on Prop 12 details (emphasis mine). “For example, a breeding pig confined in another state must be housed in compliance with Proposition 12 if her offspring will be used for purposes of covered pork products sold in California for human consumption.”

Terrible California food laws such as Prop 12 have an outsized impact around the country, I explained in a 2010 Chapman University Law Review article, The “California Effect” & the Future of American Food: How California’s Growing Crackdown on Food & Agriculture Harms the State & the Nation. That’s because laws passed in California impact all Americans in other states in ways laws passed in other states do not. The impact of California’s laws is a function of the state’s massive population and political and economic clout on the one hand and the fact many of these laws—including Prop 12 and California’s foie gras ban—seek to regulate commerce in other states and countries. That’s unconstitutional. Worse still, these lousy and unconstitutional California laws often inspire equally nefarious laws in other states—the “California effect” my article discusses. (Notably, that article has been cited in at least one lawsuit challenging Prop 12.)

All this brings us to Massachusetts, where voters, inspired by California’s pre-Prop 12 animal-rights restrictions, adopted a ballot measure on livestock enclosures in 2016. Lawmakers only eventually realized the law might, er, imperil Massachusetts’s food economy during a time of already rampant food inflation, so last week, just days before the law was set to take effect, they were forced to amend it.

“Without legislative action, eggs born of hens that have less than 1.5 square feet of space could not be sold in the state,” the Boston Globe reported last week. “It’s a standard industry leaders warn is strict enough to effectively destroy the market: Up to 90 percent of the eggs currently being supplied to Massachusetts will disappear from shelves, they said, unless the Legislature changed the standard slated to go in effect in January.”

May voters (or lawmakers) in any one state—whether Massachusetts, California, Iowa, or Florida—dictate how farmers in other states raise livestock? No. That’s why a federal court should strike down the unconstitutional and unworkable California and Massachusetts laws without further delay. Perhaps a better question is this: Can the U.S. Constitution save California and Massachusetts voters from themselves? The national food economy may depend on it.

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David Stockman On The Prospect Of World War III

David Stockman On The Prospect Of World War III

Authored by David Stockman,

Are these people so abysmally ignorant of history, geography, economics and the wherewithal of a true national security threat that they think the map below is worth WWIII?

Ukraine has never had stable borders, nor has it been a longstanding independent nation state. In fact, for hundreds of years under the czars and commissars alike, Ukraine was at best a vassal state and mostly a provincial satrapy of Moscow. Its current borders were actually drawn to precision by Communist apparatchiks during the Soviet era and thereafter embraced by the Kiev government that emerged in 1991 when the Soviet Union suddenly evaporated.

Ukraine’s history can be summarized as follows:

  • 700 or so years as a meandering set of borders in search of a country (1200 AD to 1922);

  • 69 years as an administrative appendage of totalitarian Soviet rulers in Moscow, who purged Tartars and replanted Russians in the eastern regions along the way;

  • 23 years as a happenstance nation-state that fell into existence when the biggest and most evil empire in history collapsed overnight (1991–2014); and

  • 7 years as a pretext for Washington interventionists, neocons and anti-Trump Dems to rekindle cold war fears, the better to keep hideously swollen national security budgets firmly in place.

Yet these Foxified Republican pols and neocons blather on about “weakness” and phony threats to our national security. Let’s see the extent of that threat.

The GDP of the New York City metro area is about $1.7 trillion, which is well more than Russia’s 2020 GDP of $1.6 trillion. And that, in turn, is just 7% of America’s $22 trillion GDP.

In terms of manufacturing output Russia’s annual manufacturing value added is currently (2020) about $197 billion, which amounts to just 8% of the $2.35 trillion figure for the US economy.

Basically, Russia’s economy cannot support a military establishment anywhere near to that of Imperial Washington. To wit, its $65 billion of military outlays in 2020 amounted to less than 32 days of Washington’s current $755 billion of expenditures for defense.

It may well be asked how Russia could remotely threaten homeland security in America short of what would be a suicidal nuclear first strike.

Recall the remnant of the Soviet strategic weapons arsenal at Putin’s disposal today amounts to 4,500 operational nuclear warheads, of which under two-fifths are actually deployed. That compares to 4,600 nuclear weapons in the US arsenal with a similar fraction actually deployed.

Accordingly, what exists on the nuclear front is a state of mutual deterrence (MAD) — the arrangement by which we got through 45 years of Cold War when the Kremlin was run by a totalitarian oligarchy committed to a hostile ideology; and during which time it had been armed to the teeth via a forced-draft allocation of upwards of 40% of the GDP of the Soviet empire to the military.

By comparison, the Russian defense budget currently amounts to just 4% of the country’s anemic present day economy — one shorn of the vast territories and populations of Belarus, Ukraine, Georgia, Uzbekistan, Kazakhstan and all the Asian “stans” among others.

Yet given those realities we are supposed to believe that the self-evidently calculating and cautious kleptomaniac who runs the Kremlin is going to go mad, defy MAD and trigger a nuclear Armageddon?

Indeed, the idea that Russia presents a national security threat to America is laughable.

Not only would Putin never risk nuclear suicide, but even that fantasy is the extent of what he’s got. That is, Russia’s conventional capacity to project force to the North American continent is nonexistent.

Moreover, the canard that Washington’s massive conventional armada is needed to defend Europe is ludicrous nonsense. Europe can and should take care of its own security and relationship with its neighbor on the Eurasian continent. After all, the GDP of NATO Europe alone is $17 trillion or 11X greater than that of Russia, and the current military budgets of European NATO members total about $300 billion or 4.4X more than that of Russia.

But more importantly, the European nations and people really do not have any quarrel with Putin’s Russia, nor is their security and safety threatened by the latter. All of the tensions that do exist and have come to a head since the illegal coup in Kiev in February 2014 were fomented by Imperial Washington and its European subalterns in the NATO machinery.

Like everything reviewed above, the source of the current calamity-howling about Russia is the Warfare State. That is, the existence of vast machinery of military, diplomatic and economic maneuver that is ever on the prowl for missions and mandates and that can mobilize a massive propaganda campaign on the slightest excitement.

The post-1991 absurdity of bolstering NATO and extending it into eastern Europe rather than liquidating it after attaining “mission accomplished” is just another manifestation of its baleful impact.

In truth, the expansion of NATO is the underlying cause of America’s needless tension with Russia and Putin’s paranoia about his borders and neighbors.

It needs be asked: Precisely what juvenile minds bivouacked in Washington’s Warfare State beehive actually determined that America needs a military alliance with Slovenia, Slovakia, Bulgaria, Romania, Montenegro and now the mini-state of North Macedonia?

*  *  *

Are you concerned about the increasingly volatile situation? Do you want to know what comes next, and what you can do about it? Then you need to see this urgent announcement from Doug Casey. The 2020s—The Most Turbulent Decade in US History If you want to survive this turbulent environment with your savings intact, profit from investment opportunities others miss, then this is the most important dispatch you’ll read all year. Click here to see it now.

Tyler Durden
Sun, 01/02/2022 – 08:30

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2021 Greatest Hits: The Most Popular Articles Of The Past Year And A Look Ahead

2021 Greatest Hits: The Most Popular Articles Of The Past Year And A Look Ahead

One year ago, when looking at the 20 most popular stories of 2020, we said that the year would be a very tough act to follow as there “could not have been more regime shifts, volatility moments, and memes than 2020.” And yet despite the exceedingly high bar for 2021, the year did not disappoint and proved to be a successful contender, and if judging by the sheer breadth of narratives, stories, surprises, plot twists and unexpected developments, 2021 was even more memorable and event-filled than 2020.

Where does one start?

While covid was the story of 2020, the pandemic that emerged out of a (Fauci-funded) genetic lab team in Wuhan, China dominated newsflow, politics and capital markets for the second year in a row. And while the biggest plot twist of 2020 was Biden’s victory over Trump in the presidential election (it took the pandemic lockdowns and mail-in ballots to hand the outcome to Biden), largely thanks to Covid, Biden failed to hold to his biggest presidential promise of defeating covid, and not only did he admit in late 2021 that there is “no Federal solution” to covid waving a white flag of surrender less than a year into his presidency, but following the recent emergence of the Xi, pardon Omicron variant, the number of covid cases in the US has just shattered all records.

The silver lining is not only that deaths and hospitalizations have failed to follow the number of cases, but that the scaremongering narrative itself is starting to melt in response to growing grassroots discontent with vaccine after vaccine and booster after booster, which by now it is clear, do nothing to contain the pandemic. And now that it is clear that omicron is about as mild as a moderate case of the flu, the hope has finally emerged that this latest strain will finally kill off the pandemic as it becomes the dominant, rapidly-spreading variant, leading to worldwide herd immunity thanks to the immune system’s natural response. Yes, it may mean billions less in revenue for Pfizer and Moderna, but it will be a colossal victory for the entire world.

The second biggest story of 2021 was undoubtedly the scourge of soaring inflation, which contrary to macrotourist predictions that it would prove “transitory”, refused to do so and kept rising, and rising, and rising, until it hit levels not seen since the Volcker galloping inflation days of the 1980s. The only difference of course is that back then, the Fed Funds rate hit 20%. Now it is at 0%, and any attempts to hike aggressively will lead to a horrific market crash, something the Fed knows very well.

Whether this was due to supply-chain blockages and a lack of goods and services pushing prices higher, or due to massive stimulus pushing demand for goods – and also prices – higher, or simply the result of a record injection of central bank liquidity into the system, is irrelevant but what does matter is that it got so bad that even Biden, facing a mauling for his Democratic party in next year’s midterm elections, freaked out about soaring prices and pushed hard to lower the price of gasoline, ordering releases from the US Strategic Petroleum Reserve and vowing to punish energy companies that dare to make a profit, while ordering Powell to contain the surge in prices even if means the market is hit. Unfortunately for Biden, the market will be hit even as inflation still remain red hot for much of the coming year.

And speaking of markets, while 2022 may be a year when the piper finally gets paid, 2021 was yet another blockbuster year for risk assets, largely on the back of the continued global response to the 2020 covid pandemic, when as we wrote last year, we saw “the official arrival of global Helicopter Money, tens of trillions in fiscal and monetary stimulus, an overhaul of the global economy punctuated by an unprecedented explosion in world debt, an Orwellian crackdown on civil liberties by governments everywhere, and ultimately set the scene for what even the World Economic Forum called simply “The Great Reset.”

Yes, the staggering liquidity injections that started in 2020, continued throughout 2021 and the final tally is that after $3 trillion in emergency liquidity injections in the immediate aftermath of the pandemic to stabilize the world, the Fed injected almost $2 trillion in the subsequent period, of which $1.5 trillion in 2021, a year where economists were “puzzled” why inflation was soaring. This, of course, excludes the tens of trillions of monetary stimulus injected by other central banks as well as the boundless fiscal stimulus that was greenlighted with the launch of helicopter money (i.e., MMT) in 2020.

It’s also why with inflation running red hot and real rates the lowest they have ever been, everyone was forced to rush into the “safety” of stocks (or stonks as they came to be known among GenZ), and why after last year’s torrid stock market returns, the S&P rose another 27% in 2021 and up a staggering 114% from the March 2020 lows, in the process trouncing all previous mega-rallies (including those in 1929, 1938, 1974 and 2009)…

… making this the third consecutive year of double-digit returns.

This reminds us of something we said last year: “it’s almost as if the world’s richest asset owners requested the covid pandemic.” A year later, we got confirmation for this rhetorical statement, when we calculated that in the 18 months since the covid pandemic, the richest 1% of US society have seen their net worth increase by over $30 trillion. As a result, the US is now officially a banana republic where the middle 60% of US households by income – a measure economists use as a definition of the middle class – saw their combined assets drop from 26.7% to 26.6% of national wealth as of June, the lowest in Federal Reserve data, while for the first time the super rich had a bigger share, at 27%. Yes, the 1% now own more wealth than the entire US middle class, a definition traditionally reserve for kleptocracies and despotic African banana republics.

It wasn’t just the rich, however: politicians the world over would benefit from the transition from QE to outright helicopter money and MMT which made the over monetization of deficits widely accepted in the blink of an eye.

The common theme here is simple: no matter what happens, capital markets can never again be allowed to drop, regardless of the cost or how much more debt has to be incurred. Indeed, as we look back at the news barrage over the past year, and past decade for that matter, the one thing that becomes especially clear amid the constant din of markets, of politics, of social upheaval and geopolitical strife – and now pandemics –  in fact a world that is so flooded with constant conflicting newsflow and changing storylines that many now say it has become virtually impossible to even try to predict the future, is that despite the people’s desire for change, for something original and untried, the world’s established forces will not allow it and will fight to preserve the broken status quo at any price – even global coordinated shutdowns – which is perhaps why it always boils down to one thing – capital markets, that bedrock of Western capitalism and the “modern way of life”, where control, even if it means central planning the likes of which have not been seen since the days of the USSR, and an upward trajectory must be preserved at all costs, as the alternative is a global, socio-economic collapse.

And since it is the daily gyrations of stocks that sway popular moods the interplay between capital markets and politics has never been more profound or more consequential.

The more powerful message here is the implicit realization and admission by politicians, not just Trump who had a penchant of tweeting about the S&P every time it rose, but also his peers on both sides of the aisle, that the stock market is now seen as the consummate barometer of one’s political achievements and approval. Which is also why capital markets are now, more than ever, a political tool whose purpose is no longer to distribute capital efficiently and discount the future, but to manipulate voter sentiments far more efficiently than any fake Russian election interference attempt ever could.

Which brings us back to 2021 and the past decade, which was best summarized by a recent Bill Blain article who said that “the last 10-years has been a story of massive central banking distortion to address the 2008 crisis. Now central banks face the consequences and are trapped. The distortion can’t go uncorrected indefinitely.

He is right: the distortion will eventually collapse especially if the Fed follows through with its attempt rate hikes some time in mid-2020, but so far the establishment and the “top 1%” have been successful – perhaps the correct word is lucky – in preserving the value of risk assets: on the back of the Fed’s firehose of liquidity the S&P500 returned an impressive 27% in 2021, following a 15.5% return in 2020 and 28.50% in 2019. It did so by staging the greatest rally off all time from the March lows, surpassing all of the 4 greatest rallies off the lows of the past century (1929,1938, 1974, and 2009).

Yet this continued can-kicking by the establishment – all of which was made possible by the covid pandemic and lockdowns which served as an all too convenient scapegoat for the unprecedented response that served to propel risk assets (and fiat alternatives such as gold and bitcoin) to all time highs – has come with a price… and an increasingly higher price in fact. As even Bank of America CIO Michael Hartnett admits, Fed’s response to the the pandemic “worsened inequality” as the value of financial assets – Wall Street –  relative to economy – Main Street – hit all-time high of 6.3x.

And while the Fed was the dynamo that has propelled markets higher ever since the Lehman collapse, last year certainly had its share of breakout moments. Here is a sampling.

  • Gamestop and the emergence of meme stonks and the daytrading apes: In January markets were hypnotized by the massive trading volumes, rolling short squeezes and surging share prices of unremarkable established companies such as consoles retailer GameStop and cinema chain AMC and various other micro and midcap names. What began as a discussion on untapped value at GameStop on Reddit months earlier by Keith Gill, better known as Roaring Kitty, morphed into a hedge fund-orchestrated, crowdsourced effort to squeeze out the short position held by a hedge fund, Melvin Capital. The momentum flooded through the retail market, where daytraders shunned stocks and bought massive out of the money calls, sparking rampant “gamma squeezes” in the process forcing some brokers to curb trading. Robinhood, a popular broker for day traders and Citadel’s most lucrative “subsidiary”, required a cash injection to withstand the demands placed on it by its clearing house. The company IPOed later in the year only to see its shares collapse as it emerged its business model was disappointing hollow absent constant retail euphoria. Ultimately, the market received a crash course in the power of retail investors on a mission. Ultimately, “retail favorite” stocks ended the year on a subdued note as the trading frenzy from earlier in the year petered out, but despite underperforming the S&P500, retail traders still outperformed hedge funds by more than 100%.

  • Failed seven-year Treasury auction:  Whereas auctions of seven-year US government debt generally spark interest only among specialists, on on February 25 2021, one such typically boring event sparked shockwaves across financial markets, as the weakest demand on record hit prices across the whole spectrum of Treasury bonds. The five-, seven- and 10-year notes all fell sharply in price. Researchers at the Federal Reserve called it a “flash event”; we called it a “catastrophic, tailing” auction, the closest thing the US has had to a failed Trasury auction. The flare-up, as the FT put it, reflects one of the most pressing investor concerns of the year: inflation. At the time, fund managers were just starting to realize that consumer price rises were back with a vengeance — a huge threat to the bond market which still remembers the dire days of the Volcker Fed when inflation was about as high as it is today but the 30Y was trading around 15%. The February auaction also illustrated that the world’s most important market was far less liquid and not as structurally robust as investors had hoped. It was an extreme example of a long-running issue: since the financial crisis the traditional providers of liquidity, a group of 24 Wall Street banks, have pulled back because of higher costs associated with post-2008 capital requirements, while leaving liquidity provision to the Fed. Those banks, in their reduced role, as well as the hedge funds and high-frequency traders that have stepped into their place, have tended to withdraw in moments of market volatility. Needless to say, with the Fed now tapering its record QE, we expect many more such “flash” episodes in the bond market in the year ahead.

  • The arch ego of Archegos: In March 2021 several banks received a brutal reminder that some of family offices, which manage some $6 trillion in wealth of successful billionaires and entrepreneurs and which have minimal reporting requirements, take risks that would make the most serrated hedge fund manager wince, when Bill Hwang’s Archegos Capital Management imploded in spectacular style. As we learned in late March when several high-flying stocks suddenly collapsed, Hwang – a former protege of fabled hedge fund group Tiger Management – had built up a vast pile of leverage using opaque Total Return Swaps with a handful of banks to boost bets on a small number of stocks (the same banks were quite happy to help despite Hwang’s having been barred from US markets in 2013 over allegations of an insider-trading scheme, as he paid generously for the privilege of borrowing the banks’ balance sheet). When one of Archegos more recent bets, ViacomCBS, suddenly tumbled it set off a liquidation cascade that left banks including Credit Suisse and Nomura with billions of dollars in losses. Conveniently, as the FT noted, the damage was contained to the banks rather than leaking across financial markets, but the episode sparked a rethink among banks over how to treat these clients and how much leverage to extend.

  • The second coming of cryptos: After hitting an all time high in late 2017 and subsequently slumping into a “crypto winter”, cryptocurrencies enjoyed a huge rebound in early 2021 which sent their prices soaring amid fears of galloping inflation (as shown below, and contrary to some financial speculation, the crypto space has traditionally been a hedge either to too much liquidity or a hedge to too much inflation). As a result, Bitcoin rose to a series of new record highs that culminated at just below $62,000, nearly three times higher than their previous all time high. But the smooth ride came to a halt in May when China’s crackdown on the cryptocurrency and its production, or “mining”, sparked the first serious crash of 2021. The price of bitcoin then collapsed as much as 30% on May 19, hitting a low of $30,000 amid a liquidation of levered positions in chaotic trading conditions following a warning from Chinese authorities of tighter curbs ahead. A public acceptance by Tesla chief and crypto cheerleader Elon Musk of the industry’s environmental impact added to the declines. However, as with all previous crypto crashes, this one too proved transitory, and prices resumed their upward trajectory in late September when investors started to price in the launch of futures-based bitcoin exchange traded funds in the US. The launch of these contracts subsequently pushed bitcoin to a new all-time high in early November before prices stumbled again in early December, this time due to a rise in institutional ownership when an overall drop in the market dragged down cryptos as well. That demonstrated the growing linkage between Wall Street and cryptocurrencies, due to the growing sway of large investors in digital markets.

  • China’s common prosperity crash: China’s education and tech sectors were one of the perennial Wall Street darlings. Companies such as New Oriental, TAL Education as well as Alibaba and Didi had come to be worth billions of dollars after highly publicized US stock market flotations. So when Beijing effectively outlawed swaths of the country’s for-profit education industry in July 2021, followed by draconian anti-trust regulations on the country’s fintech names (where Xi Jinping also meant to teach the country’s billionaire class a lesson who is truly in charge), the short-term market impact was brutal. Beijing’s initial measures emerged as part of a wider effort to make education more affordable as part of president Xi Jinping’s drive for “common prosperity” but that quickly raised questions over whether growth prospects across corporate China are countered by the capacity of the government to overhaul entire business models overnight. Sure enough, volatility stemming from the education sector was soon overshadowed by another set of government reforms related to common prosperity, a crackdown on leverage across the real estate sector where the biggest casualty was Evergrande, the world’s most indebted developer. The company, whose boss was not long ago China’s 2nd richest man, was engulfed by a liquidity crisis in the summer that eventually resulted in a default in early December. Still, as the FT notes, China continues to draw in huge amounts of foreign capital, pushing the Chinese yuan to end 2021 at the strongest level since May 2018, a major hurdle to China’s attempts to kickstart its slowing economy, and surely a precursor to even more monetary easing.

  • Natgas hyperinflation: Natural gas supplanted crude oil as the world’s most important commodity in October and December as prices exploded to unprecedented levels and the world scrambled for scarce supplies amid the developed world’s catastrophic transition to “green” energy. The crunch was particularly acute in Europe, which has become increasingly reliant on imports. Futures linked to TTF, the region’s wholesale gas price, hit a record €137 per megawatt hour in early October, rising more than 75%. In Asia, spot liquefied natural gas prices briefly passed the equivalent of more than $320 a barrel of oil in October. (At the time, Brent crude was trading at $80). A number of factors contributed, including rising demand as pandemic restrictions eased, supply disruptions in the LNG market and weather-induced shortfalls in renewable energy. In Europe, this was aggravated by plunging export volumes from Gazprom, Russia’s state-backed monopoly pipeline supplier, amid a bitter political fight over the launch of the Nordstream 2 pipeline. And with delays to the Nord Stream 2 gas pipeline from Russia to Germany, analysts say the European gas market – where storage is only 66% full – a cold snap or supply disruption away from another price spike

  • Turkey’s (latest) currency crisis:  As the FT’s Jonathan Wheatley writes, Recep Tayyip Erdogan was once a source of strength for the Turkish lira, and in his first five years in power from 2003, the currency rallied from TL1.6 per US dollar to near parity at TL1.2. But those days are long gone, as Erdogan’s bizarre fascination with unorthodox economics, namely the theory that lower rates lead to lower inflation also known as “Erdoganomics”, has sparked a historic collapse in the: having traded at about TL7 to the dollar in February, it has since fallen beyond TL17, making it the worst performing currency of 2021. The lira’s defining moment in 2021 came on November 18 when the central bank, in spite of soaring inflation, cut its policy rate for the third time since September, at Erdogan’s behest (any central banker in Turkey who disagrees with “Erdoganomics” is promptly fired and replaced with an ideological puppet). The lira recovered some of its losses in late December when Erdogan came up with the “brilliant” idea of erecting the infamous “doom loop” which ties Turkey’s balance sheet to its currency. It has worked for now (the lira surged from TL18 against the dollar to TL12, but this particular band aid solution will only last so long). The lira’s problems are not only Erdogan’s doing. A strengthening dollar, rising oil prices, the relentless covid pandemic and weak growth in developing economies have been bad for other emerging market currencies, too, but as long as Erdogan is in charge, shorting the lira remains the best trade entering 2022.

While these, and many more, stories provided a diversion from the boring existence of centrally-planned markets, we are confident that the trends observed in recent years will continue: coming years will be marked by even bigger government (because only more government can “fix” problems created by government), higher stock prices and dollar debasement (because only more Fed intervention can “fix” the problems created by the Fed), and a policy flip from monetary and QE to fiscal & MMT, all of which will keep inflation at scorching levels, much to the persistent confusion of economists everywhere.

Of course, we said much of this last year as well, but while we got most trends right, we were wrong about one thing: we were confident that China’s aggressive roll out of the digital yuan would be a bang – or as we put it “it is very likely that while 2020 was an insane year, it may prove to be just an appetizer to the shockwaves that will be unleashed in 2021 when we see the first stage of the most historic overhaul of the fiat payment system in history” – however it turned out to be a whimper. A big reason for that was that the initial reception of the “revolutionary” currency was nothing short of disastrous, with Chinese admitting they were “not at all excited” about the prospect of yet one more surveillance mechanism for Beijing, because that’s really what digital currencies are: a way for central banks everywhere to micromanage and scrutinize every single transaction, allowing the powers that be to demonetize any one person – or whole groups – with the flick of a switch.

Then again, while digital money may not have made its triumphant arrival in 2021, we are confident that the launch date has merely been pushed back to 2022 when the rollout of the next monetary revolution is expected to begin in earnest.

Here we should again note one thing: in a world undergoing historic transformations, any free press must be throttled and controlled, and over the past year we have seen unprecedented efforts by legacy media and its corporate owners, as well as the new “social media” overlords do everything in their power to stifle independent thought. For us it had been especially “personal” on more than one occasions. Last January, Twitter suspended our account because we dared to challenge the conventional narrative about the source of the Wuhan virus. It was only six months later that Twitter apologized, and set us free, admitting it had made a mistake.

Yet barely had twitter readmitted us, when something even more unprecedented happened: for the first time ever (to our knowledge) Google – the world’s largest online ad provider and monopoly – demonetized our website not because of any complaints about our writing but because of the contents of our comment section. It then held us hostage until we agreed to implement some prerequisite screening and moderation of the comments section. Google’s action was followed by the likes of PayPal, Amazon, and many other financial and ad platforms, who rushed to demonetize and suspend us simply because they disagreed with what we had to say.

This was a stark lesson in how quickly an ad-funded business can disintegrate in this world which resembles the dystopia of 1984 more and more each day, and we have since taken measures. One year ago, for the first time in our 13 year history, we launched a paid version of our website, which is entirely ad and moderation free, and offers readers a variety of premium content. It wasn’t our intention to make this transformation but unfortunately we know which way the wind is blowing and it is only a matter of time before the gatekeepers of online ad spending block us again. As such, if we are to have any hope in continuing it will come directly from you, our readers. We will keep the free website running for as long as possible, but we are certain that it is only a matter of time before the hammer falls as the censorship bandwagon rolls out much more aggressively in the coming year.

That said, whether the story of 2022, and the next decade for that matter, is one of helicopter or digital money, of (hyper)inflation or deflation: what is key, and what we learned in the past decade, is that the status quo will throw anything at the problem to kick the can, it will certainly not let any crisis go to waste… even the deadliest pandemic in over a century. And while many already knew that, the events of 2021 made it clear to a fault that not even a modest market correction can be tolerated going forward. After all, if central banks aim to punish all selling, then the logical outcome is to buy everything, and investors, traders and speculators did just that armed with the clearest backstop guarantee from the Fed, which in the deapths of the covid crash crossed the Rubicon when it formally nationalized the bond market as it started buying both investment grade bonds and junk bond ETFs in the open market. As such it is no longer even a debatable issue if the Fed will buy stocks after the next crash – the only question is when.

Meanwhile, for all those lamenting the relentless coverage of politics in a financial blog, why finance appears to have taken a secondary role, and why the political “narrative” has taken a dominant role for financial analysts, the past year showed vividly why that is the case: in a world where markets gyrated, and “rotated” from value stocks to growth and vice versa, purely on speculation of how big the next stimulus out of Washington will be, the narrative over Biden’s trillions proved to be one of the biggest market moving events for much of the year. And with the Biden stimulus plan off the table for now, the Fed will find it very difficult to tighten financial conditions, especially if it does so just as the economy is slowing. Here we like to remind readers of one of our favorite charts: every financial crisis is the result of Fed tightening.

As for predictions about the future, as the past two years so vividly showed, when it comes to actual surprises and all true “black swans”, it won’t be what anyone had expected. And so while many themes, both in the political and financial realm, did get some accelerated closure courtesy of China’s covid pandemic, dramatic changes in 2021 persisted, and will continue to manifest themselves in often violent and unexpected ways – from the ongoing record polarization in the US political arena, to “populist” upheavals around the developed world, to the gradual transition to a global Universal Basic (i.e., socialized) Income regime, to China’s ongoing fight with preserving stability in its gargantuan financial system which is now two and a half times the size of the US.

As always, we thank all of our readers for making this website – which has never seen one dollar of outside funding (and despite amusing recurring allegations, has certainly never seen a ruble from the KGB either, although now that the entire Russian hysteria episode is over, those allegations have finally quieted down), and has never spent one dollar on marketing – a small (or not so small) part of your daily routine.

Which also brings us to another critical topic: that of fake news, and something we – and others who do not comply with the established narrative – have been accused of. While we find the narrative of fake news laughable, after all every single article in this website is backed by facts and links to outside sources, it is clearly a dangerous development, and a very slippery slope that the entire developed world is pushing for what is, when stripped of fancy jargon, internet censorship under the guise of protecting the average person from “dangerous, fake information.” It’s also why we are preparing for the next onslaught against independent thought and why we had no choice but to roll out a premium version of this website.

In addition to the other themes noted above, we expect the crackdown on free speech to accelerate in the coming year when key midterm elections will be held, especially as the following list of Top 20 articles for 2021 reveals, many of the most popular articles in the past year were precisely those which the conventional media would not touch out of fear of repercussions, which in turn allowed the alternative media to continue to flourish in an orchestrated information vacuum and take significant market share from the established outlets by covering topics which the public relations arm of established media outlets refused to do, in the process earning itself the derogatory “fake news” condemnation.

We are grateful that our readers – who hit a new record high in 2021 – have realized it is incumbent upon them to decide what is, and isn’t “fake news.”

* * *

And so, before we get into the details of what has now become an annual tradition for the last day of the year, those who wish to jog down memory lane, can refresh our most popular articles for every year during our no longer that brief, almost 11-year existence, starting with 2009 and continuing with 201020112012201320142015201620172018, 2019 and 2020.

So without further ado, here are the articles that you, our readers, found to be the most engaging, interesting and popular based on the number of hits, during the past year.

  • In 20th spot with 600,000 reads, was an article that touched on one of the most defining features of the market: the reflation theme the sparked a massive rally at the start of the year courtesy of the surprise outcome in the Georgia Senate race, where Democrats ended up wining both seats up for grabs, effectively giving the Dems a majority in both the House and the Senate, where despite the even, 50-seat split, Kamala Harris would cast the winning tie-breaker vote to pursue a historic fiscal stimulus. And sure enough, as we described in Bitcoin Surges To Record High, Stocks & Bonds Battered As Dems Look Set To Take Both Georgia Senate Seats, with trillions in “stimmies” flooding both the economy and the market, not only did retail traders enjoy unprecedented returns when trading meme “stonks” and forcing short squeezes that crippled numerous hedge funds, but expectations of sharply higher inflation also helped push bitcoin and the entire crypto sector to new all time highs, which in turn legitimized the product across institutional investors and helped it reach a market cap north of $3 trillion. 

  • In 19th spot, over 613,000 readers were thrilled to read at the start of September that “Biden Unveils Most Severe COVID Actions Yet: Mandates Vax For All Federal Workers, Contractors, & Large Private Companies.” Of course, just a few weeks later much of Biden’s mandate would be struck down in courts, where it is now headed to a decision by SCOTUS, while the constantly shifting “scientific” goal posts mean that just a few months later the latest set of CDC regulations have seen regulators and officials reverse the constant drone of fearmongering and are now even seeking to cut back on the duration of quarantine and other lockdown measures amid a public mood that is growing increasingly hostile to the government response.

  • One of the defining political events of 2021 was the so-called “Jan 6 Insurrection“, which the for America’s conservatives was blown wildly out of proportion yet which the leftist media and Democrats in Congress have been periodically trying to push to the front pages in hopes of distracting from the growing list of failures of the Obama admin. Yet as we asked back in January, “Why Was Founder Of Far-Left BLM Group Filming Inside Capitol As Police Shot Protester?” No less than 614,000 readers found this question worthy of a response. Since then many more questions have emerged surrounding this event, many of which focus on what role the FBI had in organizing and encouraging this event, including the use of various informants and instigators. For now, a response will have to wait at least until the mid-term elections of 2022 when Republicans are expected to sweep one if not both chambers.

  • Linked to the above, the 17th most read article of 2021 with 617,000 views, was an article we published on the very same day, which detailed that “Armed Protesters Begin To Arrive At State Capitols Around The Nation.” At the end of the day, it was much ado about nothing and all protests concluded peacefully and without incident: perhaps the FBI was simply spread too thin?

  • 2021 was a year defined by various waves of the covid pandemic which hammered poor Americans forced to hunker down at home and missing on pay, and crippled countless small mom and pop businesses. And yet, it was also a bonanza for a handful of pharma companies such as Pfizer and Moderna which made billions from the sale of “vaccines” which we now know do little if anything to halt the spread of the virus, and are instead now being pitched as palliatives, preventing a far worse clinical outcome. The same pharma companies also benefited from an unconditional indemnity, which surely would come in useful when the full side-effects of their mRNA-based therapies became apparent. One such condition to emerge was myocarditis among a subset of the vaxxed. And while the vaccines continue to be broadly rolled out across most developed nations, one place that said enough was Sweden. As over 620,000 readers found out in “Sweden Suspends Moderna Shot Indefinitely After Vaxxed Patients Develop Crippling Heart Condition“, not every country was willing to use its citizens as experimental guniea pigs. This was enough to make the article the 16th most read on these pages, but perhaps in light of the (lack of) debate over the pros and cons of the covid vaccines, this should have been the most read article this year?

  • Moving on to the 15th most popular article, 628,000 readers were shocked to learn that “Chase Bank Cancels General Mike Flynn’s Credit Cards.” The action, which was taken by the largest US bank due to “reputational risk” echoed a broad push by tech giants to deplatform and silence dissenting voices by literally freezing them out of the financial system. In the end, following widespread blowback from millions of Americans, JPMorgan reversed, and reactivated Flynn’s cards saying the action was made in error, but unfortunately this is just one example of how those in power can lock out any dissenters with the flick of a switch. And while democrats cheer such deplatforming today, the political winds are fickle, and we doubt they will be as excited once they find themselves on the receiving end of such actions.

  • And speaking of censorship and media blackouts, few terms sparked greater response from those in power than the term Ivermectin. Viewed by millions as a cheap, effective alternative to offerings from the pharmaceutical complex, social networks did everything in their power to silence any mention of a drug which the Journal of Antibiotics said in 2017 was an “enigmatic multifaceted ‘wonder’ drug which continues to surprise and exceed expectations.” Nowhere was this more obvious than in the discussion of how widespread use of Ivermectin beat Covid in India, the topic of the 14th most popular article of 2021 “India’s Ivermectin Blackout” which was read by over 653,000 readers. Unfortunately, while vaccines continue to fail upward and now some countries are now pushing with a 4th, 5th and even 6th vaccine, Ivermectin remains a dirty word.

  • There was more covid coverage in the 13th most popular article of 2021, “Surprise Surprise – Fauci Lied Again”: Rand Paul Reacts To Wuhan Bombshell” which was viewed no less than 725,000 times. Paul’s reaction came following a report which revealed that Anthony Fauci’s NIAID and its parent, the NIH, funded Gain-of-Function research in Wuhan, China, strongly hinting that the emergence of covid was the result of illicit US funding. Not that long ago, Fauci had called Paul a ‘liar’ for accusing him of funding the risky research, in which viruses are genetically modified or otherwise altered to make them more transmissible to humans. And while we could say that Paul got the last laugh, Fauci still remains Biden’s top covid advisor, which may explain why one year after Biden vowed he would shut down the pandemic, the number of new cases just hit a new all time high. One hope we have for 2022 is that people will finally open their eyes…

  • 2021 was not just about covid – soaring prices and relentless inflation were one of the most poignant topics. It got so bad that Biden’s approval rating – and that of Democrats in general – tumbled toward the end of the year, putting their mid-term ambitions in jeopardy, as the public mood soured dramatically in response to the explosion in prices. And while one can debate whether it was due to supply-issues, such as the collapse in trans-pacific supply chains and the chronic lack of labor to grow the US infrastructure, or due to roaring demand sparked by trillions in fiscal stimulus, but when the “Big Short” Michael Burry warned that hyperinflation is coming, the people listened, and with over 731,000 reads, the 12th most popular article of 2021 was “Michael Burry Warns Weimar Hyperinflation Is Coming.”  Of course, Burry did not say anything we haven’t warned about for the past 12 years, but at least he got the people’s attention, and even mainstream names such as Twitter founder Jack Dorsey agreed with him, predicting that bitcoin will be what is left after the dollar has collapsed. While hyperinflation may will be the endgame, the question remains: when.

  • For the 11th most read article of 2021, we go back to a topic touched upon moments ago when we addressed the full-blown media campaign seeking to discredit Ivermectin, in this case via the D-grade liberal tabloid Rolling Stone (whose modern incarnation is sadly a pale shadow of the legend that house Hunter S. Thompson’s unforgettable dispatches) which published the very definition of fake news when it called Ivermectin a “horse dewormer” and claimed that, according to a hospital employee, people were overdosing on it. Just a few hours later, the article was retracted as we explained in “Rolling Stone Issues ‘Update’ After Horse Dewormer Hit-Piece Debunked” and over 812,000 readers found out that pretty much everything had been a fabrication. But of course, by then it was too late, and the reputation of Ivermectin as a potential covid cure had been further tarnished, much to the relief of the pharma giants who had a carte blanche to sell their experimental wares.

  • The 10th most popular article of 2021 brings us to another issue that had split America down the middle, namely the story surrounding Kyle Rittenhouse and the full-blown media campaign that declared the teenager guilty, even when eventually proven innocent. Just days before the dramatic acquittal, we learned that “FBI Sat On Bombshell Footage From Kyle Rittenhouse Shooting“, which was read by over 822,000 readers. It was unfortunate to learn that once again the scandal-plagued FBI stood at the center of yet another attempt at mass misinformation, and we can only hope that one day this “deep state” agency will be overhauled from its core, or better yet, shut down completely. As for Kyle, he will have the last laugh: according to unconfirmed rumors, his numerous legal settlements with various media outlets will be in the tens if not hundreds of millions of dollars. 

  • And from the great US social schism, we again go back to Covid for the 9th most popular article of 2021, which described the terrifying details of one of the most draconian responses to covid in the entire world: that of Australia. Over 900,000 readers were stunned to read that the “Australian Army Begins Transferring COVID-Positive Cases, Contacts To Quarantine Camps.” Alas, the latest surge in Australian cases to nosebleed, record highs merely confirms that this unprecedented government lockdown – including masks and vaccines – is nothing more than an exercise in how far government can treat its population as a herd of sheep without provoking a violent response. 

  • The 8th most popular article of 2021 looks at the market insanity of early 2021 when, at the end of January, we saw some of the most-shorted, “meme” stocks explode higher as the Reddit daytrading horde fixed their sights on a handful of hedge funds and spent billions in stimmies in an attempt to force unprecedented ramps. That was the case with “GME Soars 75% After-Hours, Erases Losses After Liquidity-Constrained Robinhood Lifts Trading Ban“, which profiled the daytrading craze that gave an entire generation the feeling that it too could win in these manipulated capital markets. Then again, judging by the waning retail interest, it is possible that the excitement of the daytrading army is fading as rapidly as it first emerged, and that absent more “stimmies” markets will remain the playground of the rich and central banks.

  • Kyle Rittenhouse may soon be a very rich man after the ordeal he went through, but the media’s mission of further polarizing US society succeeded, and millions of Americans will never accept that the teenager was innocent. It’s also why with just over 1 million reads, the 7th most read article on Zero Hedge this year was that “Portland Rittenhouse Protest Escalates Into Riot.” Luckily, this is not a mid-term election year and there were no moneyed interests seeking to prolong this particular riot, unlike what happened in the summer of 2020… and what we are very much afraid will again happen next year when very critical elections are on deck. 

  • With just over 1.03 million views, the 6th most popular post focused on a viral Twitter thread on Friday from Dr Robert Laone, which laid out a disturbing trend; the most-vaccinated countries in the world are experiencing  a surge in COVID-19 cases, while the least-vaccinated countries were not. As we originally discussed in “”This Is Worrying Me Quite A Bit”: mRNA Vaccine Inventor Shares Viral Thread Showing COVID Surge In Most-Vaxxed Countries“, this trend has only accelerated in recent weeks with the emergence of the Omicron strain. Unfortunately, instead of engaging in a constructive discussion to see why the science keeps failing again and again, Twitter’s response was chilling: with just days left in 2021, it suspended the account of Dr. Malone, one of the inventors of mRNA technology. Which brings to mind something Aaron Rogers said: “If science can’t be questioned it’s not science anymore it’s propaganda & that’s the truth.

  • In a year that was marked a flurry of domestic fiascoes by the Biden administration, it is easy to forget that the aged president was also responsible for the biggest US foreign policy disaster since Vietnam, when the botched evacuation of Afghanistan made the US laughing stock of the world after 12 US servicemembers were killed. So it’s probably not surprising that over 1.1 million readers were stunned to watch what happened next, which we profiled in the 5th most popular post of 2021, where in response to the Afghan trajedy, “Biden Delivers Surreal Press Conference, Vows To Hunt Down Isis, Blames Trump.” One person watching the Biden presser was Xi Jinping, who may have once harbored doubts about reclaiming Taiwan but certainly does not any more.

  • The 4th most popular article of 2021 again has to do with with covid, and specifically the increasingly bizarre clinical response to the disease. As we detailed in “Something Really Strange Is Happening At Hospitals All Over America” while emergency rooms were overflowing, it certainly wasn’t from covid cases. Even more curiously, one of the primary ailments leading to an onslaught on ERs across the nation was heart-related issues, whether arrhytmia, cardiac incidents or general heart conditions. We hope that one day there will be a candid discussion on this topic, but until then it remains one of the topics seen as taboo by the mainstream media and the deplatforming overlords, so we’ll just leave it at that.

  • We previously discussed the anti-Ivermectin narrative that dominated the mainstream press throughout 2021 and the 3rd most popular article of the year may hold clues as to why: in late September, pharma giant Pfizer and one of the two companies to peddle an mRNA based vaccine, announced that it’s launching an accelerated Phase 2/3 trial for a COVID prophylactic pill designed to ward off COVID in those may have come in contact with the disease. And, as we described in “Pfizer Launches Final Study For COVID Drug That’s Suspiciously Similar To ‘Horse Paste‘,” 1.75 million readers learned that Pfizer’s drug shared at least one mechanism of action as Ivermectin – an anti-parasitic used in humans for decades, which functions as a protease inhibitor against Covid-19, which researchers speculate “could be the biophysical basis behind its antiviral efficiency.” Surely, this too was just another huge coincidence.

  • In the second most popular article of 2021, almost 2 million readers discovered (to their “shock”) that Fauci and the rest of Biden’s COVID advisors were proven wrong about “the science” of COVID vaccines yet again. After telling Americans that vaccines offer better protection than natural infection, a new study out of Israel suggested the opposite is true: natural infection offers a much better shield against the delta variant than vaccines, something we profiled in “This Ends The Debate’ – Israeli Study Shows Natural Immunity 13x More Effective Than Vaccines At Stopping Delta.” We were right about one thing: anyone who dared to suggest that natural immunity was indeed more effective than vaccines was promptly canceled and censored, and all debate almost instantly ended. Since then we have had tens of millions of “breakout” cases where vaccinated people catch covid again, while any discussion why those with natural immunity do much better remains under lock and key.

  • It may come as a surprise to many that the most read article of 2021 was not about covid, or Biden, or inflation, or China, or even the extremely polarized US congress (and/or society), but was about one of the most long-suffering topics on these pages: precious metals and their prices. Yes, back in February the retail mania briefly targeted silver and as millions of reddit daytraders piled in in hopes of squeezing the precious metal higher, the price of silver surged higher only to tumble just as quickly as it has risen as the seller(s) once again proved more powerful than the buyers. We described this in “Silver Futures Soar 8%, Rise Above $29 As Reddit Hordes Pile In“, an article which some 2.4 million gold and silver bugs read with hope, only to see their favorite precious metals slump for much of the rest of the year. And yes, the fact that both gold and silver ended the year sharply lower than where they started even though inflation hit the highest level in 40 years, remains one of the great mysteries of 2021.

With all that behind us, and as we wave goodbye to another bizarre, exciting, surreal year, what lies in store for 2022, and the next decade?

    We don’t know: as frequent and not so frequent readers are aware, we do not pretend to be able to predict the future and we don’t try despite endless allegations that we constantly predict the collapse of civilization: we leave the predicting to the “smartest people in the room” who year after year have been consistently wrong about everything, and never more so than in 2021 (even the Fed admitted it is clueless when Powell said it was time to retire the term “transitory“), which destroyed the reputation of central banks, of economists, of conventional media and the professional “polling” and “strategist” class forever, not to mention all those “scientists” who made a mockery of the “expertise class” with their bungled response to the covid pandemic. We merely observe, find what is unexpected, entertaining, amusing, surprising or grotesque in an increasingly bizarre, sad, and increasingly crazy world, and then just write about it.

    We do know, however, that after a record $30 trillion in stimulus was conjured out of thin air by the world’s central banks and politicians in the past two years, the attempt to reverse this monetary and fiscal firehose in a world addicted to trillions in newly created liquidity now that central banks are freaking out after finally getting ot the inflation they were hoping to create for so long, will end in tears.

    We are confident, however, that in the end it will be the very final backstoppers of the status quo regime, the central banking emperors of the New Normal, who will eventually be revealed as fully naked. When that happens and what happens after is anyone’s guess. But, as we have promised – and delivered – every year for the past 13, we will be there to document every aspect of it.

    Finally, and as always, we wish all our readers the best of luck in 2022, with much success in trading and every other avenue of life. We bid farewell to 2021 with our traditional and unwavering year-end promise: Zero Hedge will be there each and every day – usually with a cynical smile – helping readers expose, unravel and comprehend the fallacy, fiction, fraud and farce that defines every aspect of our increasingly broken system.

    Tyler Durden
    Sun, 01/02/2022 – 03:44

    via ZeroHedge News https://ift.tt/31d7ut5 Tyler Durden

    UAE Bans Unvaccinated Citizens From Leaving The Country

    UAE Bans Unvaccinated Citizens From Leaving The Country

    Since the start of the COVID pandemic, the United Arab Emirates has imposed restrictions on its denizens, leaving those who refuse the vaccine to languish in a kind of second-class citizen limbo. And now, they won’t even be allowed to leave the UAE, as the tiny petrostate decrees that its citizens who aren’t fully vaccinated can no longer travel abroad.

    The new restrictions will take effect Jan. 10, and come amid a wave of travel restrictions being imposed by countries across Asia, as well as the rest of the world. Reports of the new decree first arrived via the UAE’s state-controlled news agency, WAM, which cited the foreign ministry and the National Emergency Crisis and Disaster Management Authority (and Reuters cited reports from WAM).

    According to these reports, fully vaccinated citizens would also require a booster shot to be eligible to travel. The ban would not apply to those with medical or humanitarian exemptions.

    The news comes as the UAE confirmed another 2,556 new COVID cases on Saturday, bringing the country’s total to 764,493. They also confirmed one additional death, bringing the total to 2,165.

    MoHAP also noted that 908 individuals had fully recovered from COVID, bringing the total number of recoveries to 745,963. The ministry said it had conducted 463,616 additional tests during the 24 hours to Saturday.

    Source: Worldometer

    The UAE has seen new cases surge since mid-December, much like the rest of the world, although the current surge has yet to match levels from early last year.

    Tyler Durden
    Sun, 01/02/2022 – 07:45

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

    Reflections On Another Year Of Covidian Lies & How The Truth Will Ultimately Prevail

    Reflections On Another Year Of Covidian Lies & How The Truth Will Ultimately Prevail

    Authored by Rob Slane via TheBlogMire.com,

    As we come to the end of the second year in Covidia, I reflect on just how much the instigators of the entire scam have managed to reshape reality in an amazingly short timeframe, such that what was considered normal 12 months ago is now considered abnormal, and what was considered abnormal 12 months ago is now seen as normal.

    For instance, had one predicted 12 months ago that after “vaccinating” the elderly and those considered vulnerable, which was the “route back to freedom”, the Johnson Regime and countless others around the world would:

    1. Proceed to push the injection onto all adults

    2. Move on to getting it into children

    3. Make thousands jobless who do not wish to partake in the experiment

    4. Begin the introduction of Vaccine Passports

    5. Announce that the allegedly 95% effective products wane so quickly they’ll need to be taken every few months

    6. Start talking about the possibility of mandatory jabs

    7. Reintroduce the restrictions that these injections were supposed to do away with

    …why such a person would have been called a Conspiracy Nut. Yet a year later the same person is called a Conspiracy Nut for opposing these very things they got called a Conspiracy Nut for predicting, but which are now reality.

    There is something horribly ironic, and also deeply chilling about this. For it shows not only how easily manipulated so many people are, but also just how easy it has been for the Covidian Regimes to reshape reality such that millions have come to accept as normal the very things they would have dismissed just months earlier as the product of deranged minds.

    The last two years has felt like people are living in parallel universes, so much so that it’s almost tempting to wonder whether Zuckerberg’s hideous Metaverse is already a thing, with millions having unwittingly entered it in early 2020 without noticing.

    In the Metaverse, SARS-CoV-2 is a new Black Death that kills indiscriminately no matter what age. In the real world, it is a virus that has a 99.9% Survivability Rate, and there are effective early treatments available to the 0.1% for whom it might potentially be lethal.

    In the Metaverse, Lockdowns of healthy people are how we’ve always dealt with outbreaks of transmissible illnesses. In the real world, other than a hastily ended five-day trial in Mexico during the 2009 Swine Flu outbreak, the quarantining of the healthy was never been done before the Chinese Communist Party implemented it in early 2020, to be copied all over the world by Governments ignoring their own long existing pandemic preparedness plans.

    In the Metaverse, masks are about loving your neighbour because wearing them stops you passing on the virus you don’t have to others. In the real world, masks do not and cannot stop viral transmission, and thus they are a not a health aid, but a political and psychological tool of subjugation and dehumanisation, designed to humiliate and perpetuate fear.

    In the Metaverse, a public health crisis caused by a virus has zero medical advice given out to people, but just a relentless barrage of talk about cases, hospitalisations and deaths, with all knowledge of effective early treatments ruthlessly suppressed. In the real world, a public health crisis caused by a virus would see Governments, health officials, and doctors recommending cheap and effective ways of boosting one’s immune system, such as Vitamin C and D, Zinc, Quercetin, sunshine and plenty of exercise and fresh air.

    In the Metaverse, people who aren’t ill can spread the illness they don’t have, and so must take a test which cannot diagnose illness and which gives huge numbers of false positives, after which they must stay in their house for a prolonged period to stop the virus they don’t have from spreading. In the real world, if you’re well, you go about your daily life; if you have what are called “symptoms”, you stay home and rest.

    In the Metaverse, the injection of billions of lipid nanoparticles containing mRNA, which has never been injected into people before, which tricks the cells into allowing it to enter, which then causes billions of cytotoxins to be produced in cells throughout every organ, and which the manufacturers have indemnity but no proper safety data for, is hailed as a saviour. In the real world, this is the most dangerous, reckless medical experiment ever performed on masses of people without their knowledge of what they are being given, and the long-term consequences could be unimaginably disastrous, as Professor Sucharit Bhakdi explains in this horrifying warning.

    In the Metaverse, a product which doesn’t prevent infection, doesn’t provide immunity, and which requires top-ups every three months, is a vaccine, even if it needs the dictionary definition of what a vaccine is to be changed to accommodate it. In the real world, the Groucho Marx rule about ducks applies — if it looks, walks, and quacks like a duck then it probably is a duck. Thus if it doesn’t stop infection, doesn’t provide immunity, and wanes after 10 weeks, then it probably isn’t a vaccine.

    In the Metaverse, willfully going along with abnormal, illegitimate and authoritarian rules & behaviours is the way back to normality and freedom. In the real world, willfully going along with abnormal, illegitimate and authoritarian rules & behaviours is about conditioning us to accept abnormality, the end of a law based society, and the long term loss of freedom.

    In the Metaverse, bringing in Vaccine Passports for nightclubs and other large venues is about keeping people safe, and of course won’t be extended to other venues. In the real world, Vaccine Passports are a Trojan Horse, firstly to be extended into other venues of much smaller size (as has been the case in many European countries), but ultimately to facilitate the creation of a Digital ID Social Credit Hellhole where your every move and transaction can be tracked, you have credits not money, and freedom as we knew it is a thing of the past.

    In the Metaverse, people who refuse to submit to the mass medical experiment only have themselves to blame if they find themselves excluded by law from entering certain venues, doing certain jobs, buying certain goods, and even being able to avail themselves of the basic necessities of life. In the real world, this unscientific, unholy, sinister apartheid system shows that we are edging eerily close to repeating the ugliness and depravity of certain 20th century regimes that we smugly told ourselves we were not capable of repeating, due to our apparent goodness.

    It is baffling that people can view what’s going on so differently, but I would point out that all the views in the real world are derived from facts, data, reason, logic and historical examples, whereas all the views in the Metaverse are taken from Government and media propaganda.

    One of the exasperating things in dealing with this is that whilst there are an endless potential number of lies that can be told, there is only one truth. And what the Government and media are very skillful at doing is layering lies upon lies upon lies, such that whilst the critical thinkers and data analysts are busy trying to debunk lie number one, lies number two, three, four and following are already being laid on that foundation so that by the time the original lie has been shown to be false, things have moved on and hardly anyone can remember, let alone care about the original claim.

    However, the good news is that this is also the Achilles Heel of the Globalist’s narrative. Firstly, the more lies that are told, the harder it is to sustain the story because it can only be kept going by more lies, each of which tends to become increasingly blatant and absurd, such that even those who have been slumbering for two years begin to stir. For instance, if you try to assure the huge numbers of people that have had adverse events from the injection, or who know others that have suffered, that they must get the next one and it’s perfectly safe, clearly you are going to have your work cut out as stark reality highlights the lie in what is being told.

    But the other part of this Achilles Heel is this: The Truth will win because The Truth must win. It is The Truth. It cannot not win. Attempting to suppress it is like trying to hold a cork under water. It will always be wanting to get to the surface, and as soon as you tire of holding it and release your grip, that’s what it will do. And so although these lies will continue, and although they will appear to prevail for some time to come, there is coming a time when they will be defeated because The Truth, not lies, is the ultimate reality:

    “Truthful lips endure forever, but a lying tongue is but for a moment.” (Proverbs 12:19)

    As we look forward to 2022, although we do not know the details of what is to come, because it is very clear that the goal of the Covidian Regimes is to get everybody injected with their mRNA witches’ brew over and over again by carrot or by stick, by hook or by crook, we can be absolutely sure there will be many more lies, many more difficulties, and much more wickedness. Yet we can also be equally sure that these lies will ultimately be defeated, because he who is The Truth (John 14:6) is guaranteed the victory (Revelation 17:14), and he will suffer their lies only so far, until such time as he destroys their unholy, totalitarian, anti-human agenda. There will be a Reckoning. Just make sure that you are on the right side when it comes.

    Tyler Durden
    Sun, 01/02/2022 – 07:00

    via ZeroHedge News https://ift.tt/32SBlHZ Tyler Durden

    The Lockdown Showdown


    boehm

    Brewery owner Jordan Serulneck remembers feeling the pit in his stomach when he found out the state was ordering him to shut his doors—again. “Our rent was still full price,” recalls Serulneck, the co-owner of Seven Sirens Brewing Co. in Bethlehem, Pennsylvania. “We have a loan with a bank, and that still had to be paid.”

    It was November 23, 2020, three days before Thanksgiving. Pennsylvania Gov. Tom Wolf, a Democrat, had just ordered a snap shutdown that required bars and restaurants to close on “Thanksgiving Eve” to prevent gatherings that might spread COVID-19. The fact that Seven Sirens had scraped together more than $10,000 to convert an outdoor space into a heated patio ahead of the winter didn’t matter; the governor’s order banned both indoor and outdoor dining.

    When the pandemic hit in March 2020, just a few weeks after Seven Sirens had first opened in mid-February, Serulneck complied with the state’s shutdown order. The promised “15 days to slow the spread” turned into weeks, then longer. It wasn’t until months later that any bars, restaurants, or breweries were allowed to reopen for in-person service. Then came the Thanksgiving shutdown, and then another the following month, this time banning indoor dining from December 11 until after the start of the new year.

    When Wolf imposed those new shutdowns late in 2020, Serulneck wasn’t the only business owner to groan—or to shrug. Hundreds of Pennsylvania businesses defied the edicts. Some were punished with fines and threatened with loss of their licenses. Serulneck recalls a TV news van that was parked outside Seven Sirens on the night before Thanksgiving “to see if we were going to be hauled out in handcuffs” for flouting the governor’s order.

    Thankfully, it didn’t come to that. But Pennsylvania was hardly the only state where a governor took drastic action to curtail commercial and social activity during the pandemic—not just when it began but months after the risks of gathering and dining indoors were well known to anyone who might voluntarily visit a brewery, restaurant, or store.

    Andrew Cuomo, then New York’s governor, set curfews and mandated that bars sell food if they wanted to serve alcohol. Michigan Gov. Gretchen Whitmer banned stores from selling anything other than “products necessary to maintain the safety, sanitation, and basic operations of residences.” Many states imposed sweeping mask mandates by executive order rather than through the legislative process.

    Governors generally enjoy broad powers during emergencies, which allow them to command the state government in response to a terrorist attack, a hurricane, or, yes, a pandemic. But an emergency is, by definition, a discrete, time-limited event: an immediate crisis that requires an immediate response.

    The COVID-19 pandemic has challenged our understanding of what counts as an emergency and when the special powers it triggers should no longer apply. Emergency powers are supposed to give governors the ability to respond quickly to unexpected circumstances. But at some point after the initial crisis has passed, doesn’t an emergency transform into an issue that can be dealt with via the normal channels of government?

    “If you were to use medical terminology, you’d say it goes from being an acute issue to a chronic one,” says Meryl Justin Chertoff, executive director of the Project on State and Local Government Policy and Law at Georgetown Law School. “When does it stop being a disaster in the sense that we need decisive executive action, and when does it start becoming something that requires the more deliberative steps of legislative action, or at least consultation between the governor and legislature?”

    Many state legislatures grappled with that issue in 2021, as more than 300 measures to limit governors’ unilateral emergency powers were proposed in 45 states. Such measures have been approved in at least a dozen states—including Pennsylvania, where lawmakers and the state’s voters approved a pair of constitutional amendments restricting emergency powers. Those laws, in turn, have sparked opposition from governors’ offices and from the public health community, which overwhelmingly backed 2020’s harsh lockdowns.

    These debates speak to fundamental questions about how democracies should approach not only the COVID-19 pandemic but other problems, ranging from homelessness to climate change. Does effective government require quick, centralized decisions, or should it rely on deliberation and decentralization?

    At a time when governments at all levels seem to veer from crisis to crisis as a means of getting things done, this new wave of laws is a reminder that a serious, ongoing issue is not the same as an emergency that justifies setting aside the usual lawmaking process. Put another way, there is a difference between giving a governor the power to respond to a deadly disease at the outset of a pandemic and, six or eight months later, giving that same person the power to unilaterally decide on Monday that bars must close on Wednesday night.

    “You just think, ‘How much longer can this go on?'” Serulneck says, remembering how his brewery was forced to weather a pandemic as well as the whims of the state’s chief executive. “How many more times are we going to go back and forth?”

    Consent of the Governed

    If it was going to go on much longer, Wolf would have to get the consent of the governed. “The citizens of Pennsylvania should have a say in reining in this extended, unilateral power on display during this emergency,” Pennsylvania Senate Majority Leader Kim Ward (R–Westmoreland County) said on the state Senate floor in January 2021, as she announced a new plan to give the legislature a more prominent role in statewide emergencies. “They are the ones who suffer the consequences when checks and balances don’t exist.”

    For the first 11 months of the pandemic, those checks and balances were indeed out of whack. Wolf’s initial emergency order, issued in March 2020, was supposed to expire after 90 days, but it had been renewed by the governor on four occasions and was still in force. He ordered schools closed and banned “non-life-sustaining” businesses from operating.

    The specifics were at times confusing. Truckers were allowed to work, but truck stops were shuttered. Small businesses whose products were deemed nonessential, such as furniture stores, were ordered to close, even though big-box retailers like Walmart were still free to sell chairs and tables alongside “essential” items. Laundromats were closed, leaving some Pennsylvanians without the means to wash their clothes, but they were free to buy booze from state-owned liquor stores. One of Wolf’s economic advisers quit in protest, blasting the governor for the “devastating economic fallout your decisions have wrought on our state” in his resignation letter.

    In Pennsylvania and elsewhere, the pandemic made it clear that “states have these very broad emergency powers available to governors with very little in the way of limitations,” says Daniel Dew, director of legal policy at the Pacific Legal Foundation, a nonprofit libertarian law firm.

    The state legislature tried to play its role to little avail. In June 2020, both the House and the Senate approved a resolution that put an end to Wolf’s emergency declaration from March. But the governor claimed he had the authority to veto that measure, thanks to unclear wording in the original statute regarding the governor’s emergency powers.

    The state Supreme Court sided with Wolf, effectively imposing a requirement that two-thirds of both chambers vote to end an emergency declaration. It would have been easier to impeach the governor—a maneuver that requires only a simple majority in the state House and a supermajority in the state Senate—than to end his emergency powers.

    And so, nearly 10 months after the pandemic hit, Ward decided to try a different tactic. Pennsylvania’s constitution allows the legislature to propose constitutional amendments, which must be ratified or rejected by voters. Ward’s proposed amendment, contained in Senate Bill 2, limited emergency declarations to 21 days and required an affirmative vote from the legislature to renew them.

    One advantage of this approach: In Pennsylvania, the governor does not have the power to veto a proposed constitutional amendment. It goes straight from the legislature to the ballot to the voters.

    As the first year of the pandemic came to a close, similar debates were roiling many state capitals. In Kentucky, the Republican-controlled legislature clashed throughout the early spring with Democratic Gov. Andy Beshear, who in November had reimposed a mandate closing schools, bars, and restaurants and limiting groups at weddings, at funerals, and in offices. On Easter Sunday in 2020, Beshear sent state police to stop a few church services.

    The Democratic governors of Kansas and North Carolina faced similar rebukes from GOP-controlled legislatures.

    According to a Kaiser Health News report published in mid-September, legislators in at least 26 states had passed laws to limit public health decrees since the start of the pandemic. That count includes rules limiting governors’ executive power, but it also includes states where lawmakers have exercised arguably excessive powers themselves by banning private businesses from imposing mask or vaccine mandates on employees and customers.

    Not all of the clashes between legislatures and governors were motivated by partisanship. In several states, Republican lawmakers led the charge against emergency powers wielded by Republican governors—including Idaho Gov. Brad Little, who renewed his COVID-19 emergency order a whopping 10 times before state lawmakers put an end to it. In Indiana, Republican Gov. Eric Holcomb sued state legislators after they passed a law limiting his emergency powers during the pandemic. The courts upheld the new restrictions on his authority. In March, the Democrats who controlled New York’s legislature struck down several of Cuomo’s emergency orders.

    On the other hand, some state lawmakers have been happy to pass off responsibility to the executive branch. Connecticut’s legislature has voted six times, most recently in October 2021, to extend Democratic Gov. Ned Lamont’s emergency pandemic powers.

    Preparing for Next Time

    Many of the efforts to restrict gubernatorial emergency powers kicked off in spring 2021, and a similar flurry of activity could happen in early 2022. That probably has more to do with logistics than anything. Many state legislatures are in session for a limited period of time, mostly in the first half of the year. Those sessions had been disrupted in 2020 by the start of the pandemic, so early 2021 presented the first opportunity for serious legislative consideration of what to do next. But the timing also reflected the frustration of state lawmakers who had been largely cut out of key decisions for the better part of a year—and who had been hearing plenty of complaints from pandemic-weary constituents.

    In a democracy, Georgetown’s Chertoff says, “it is problematic to have governors doing so much for so long by executive order.” She adds that bringing lawmakers into the process earlier might have helped avoid some of the politicization that has plagued the pandemic response. If members of both parties had voted to approve restrictions on businesses or to mandate mask wearing, it would have been harder to treat those policies as partisan issues.

    But states entered the pandemic with broad emergency-power laws already on their books. Those laws were not crafted with a yearslong health crisis in mind.

    The Idaho legislature granted “tremendous power” to the governor when it passed an emergency-power law in the 1960s, inspired by fears of a nuclear attack that would disrupt the normal functioning of government, Idaho state Rep. Jason Monks (R–Meridian) told the Associated Press in March. He said the pandemic “was the first time, I think, that those laws were really stress-tested.” A few weeks later, the Idaho legislature voted to impose a 60-day limit on the governor’s emergency declarations.

    Pacific Legal’s Dew has advised some state lawmakers on the finer points of rewriting the laws governing emergency powers. They have included legislators in Kentucky, where one of the most significant reforms was passed in 2021.

    When Kentucky’s emergency-power law was enacted in 1998, it did not include a mechanism for the state legislature to intervene in a disaster declared by the governor. The state’s legislature meets for only a few weeks every year, and only the governor can call a special session to deal with a crisis. While that arrangement was obviously tilted toward executive power, prior to the pandemic it was overwhelmingly used in response to severe weather events: 46 of the 57 previous declarations were related to storms, according to 2020 research published by the Pegasus Institute, a free market think tank in Louisville.

    “When the levies broke in New Orleans, that was an emergency,” says Josh Crawford, executive director of Pegasus, which backed the reform effort in Kentucky. “But actually rebuilding the city afterwards, that was a question for traditional governance.”

    Crawford says “a lot of people, rightly, gave these governors a tremendous amount of leeway” in the early stages of the pandemic, when no one really knew what was going to happen. By the end of 2020, however, the world was grappling with a different set of questions and contemplating a much longer time period. “You’re no longer really talking about an emergency,” Crawford says. “You’re talking about an important policy question, and we have a procedure in place for dealing with important policy questions—but it’s not government by executive fiat.”

    To restore balance, state lawmakers in Kentucky passed what is so far the most aggressive limitation on gubernatorial emergency powers since the pandemic began. A three-bill package initially passed in January 2021 caps emergency declarations at 30 days and requires legislative consent—which can subsequently be revoked at any time—for an extension. The bills also prohibit the governor and attorney general from suspending state laws during an emergency and forbid emergency declarations that impinge on the right to worship or protest. Once an emergency declaration expires or is ended, a “substantially similar” one cannot be issued for 90 days.

    Beshear vetoed the bills, but the state legislature overrode his veto in mid-February. A state district court issued an injunction against the new laws after Beshear argued that they would undermine Kentucky’s response to the pandemic and cause avoidable deaths. But the Kentucky Supreme Court overturned that injunction in September and told the district court to rehear the case on the merits. While that legal back-and-forth was playing out, the state legislature agreed to extend Beshear’s emergency pandemic powers until June 21, after which they were terminated.

    “The Supreme Court has confirmed what the General Assembly has asserted throughout this case—the legislature is the only body with the constitutional authority to enact laws,” House Speaker David Osborne and Senate President Robert Stivers, both Republicans, said in a joint statement on August 21, shortly after the state Supreme Court blocked the injunction against the law.

    The outcome in Kentucky obviously has implications for the remainder of the COVID-19 pandemic. But this kind of law matters for other reasons too. State lawmakers must decide whether the next crisis, when it inevitably arrives, will play out the same way this one has.

    Public Health Power Grab

    That governors have fought legislative attempts to curtail their power is not surprising. But some of the loudest opposition to emergency-power reforms has come from the public health establishment.

    In state after state, public health officials have lined up to defend arbitrary and aggressive pandemic rulemaking against the constraints of the democratic process. In doing so, they’ve defended both Democratic and Republican administrations, showing a bias toward unilateral power rather than any particular political party.

    In Ohio, for example, representatives from 18 county health departments and four city health departments testified in February 2021 against a plan to strip some emergency powers from Republican Gov. Mike DeWine. State lawmakers ignored that opposition and approved a bill that limits future emergency declarations to no more than 30 days and prohibits governors from issuing stay-at-home orders or closing businesses. In response, the public health experts escalated their rhetoric. “Each hurdle that favors a lack of public health response,” Mark Cameron, an immunologist at Case Western Reserve University, told the Ohio Capital Journal, “will cause infections and death.”

    In May, the National Association of County and City Health Officials and the Network for Public Health Law published a joint report decrying legislative efforts to weaken governors’ emergency powers during the pandemic. “Dissatisfaction and anger at perceived overreaches by governors and public health officials in response to the COVID-19 pandemic has led to an onslaught of legislative proposals to eliminate or limit the emergency powers and public health authority used by these officials,” the groups said in an official statement. “It is foreseeable that these laws will lead to preventable tragedies.”

    The public health response to these bills has accurately described the circumstances—in this case, the voter dissatisfaction that is motivating the reforms—while exaggerating the potential consequences of deviating from the course plotted early in the pandemic. Public health officials have been useful in projecting the course of the pandemic and in developing mitigation strategies. But their recommendations, from the initial lockdowns to today’s stay-masked-even-if-you’re-vaccinated guidelines, have routinely failed to account for the practical, human considerations that are a fundamental part of crafting policy.

    The May report specifically criticized a new Kansas law—passed by the Republican-controlled legislature and signed by Gov. Laura Kelly, a Democrat, without the drama that marked similar actions in other states—barring the governor from shutting down businesses during a pandemic. Protecting the rights of business owners to not have their livelihoods upended by executive fiat would “allow super-spreader venues” to operate, the two public health groups warned ominously.

    Imposing time limits on emergency declarations and giving state legislatures a say in whether the declarations continue is “undermining public health authority” and “will jeopardize health and safety,” the groups added. They also warned that reining in the public health power grab would make it more difficult to “advance health equity during a pandemic.”

    During an October interview with a local TV station, Washington’s Democratic governor, Jay Inslee, provided a perfect example of the problems with the top-down approach that public health authorities have championed. More than a year and a half after the pandemic began, people have figured out their own strategies for managing risk and coping with the disease. But Inslee sees it differently: “There is only one person in the state of Washington who has the capability to save those lives right now, and it happens to be the governor of the state of Washington,” he said.

    Asked whether legislators should play a larger role in making policies like vaccine mandates, Inslee said it wasn’t possible “because we need to act right now.” Asked when the crisis might be deemed to have passed, at least to the extent that would allow lawmakers into the process, Inslee said he couldn’t be sure “because there are so many metrics to look at.”

    “If we make decisions today with some metric that doesn’t make sense after the virus mutates, we could be making some bad decisions and losing thousands of lives,” he said. “We have to depend on the best science that now exists—and it changes as we learn about this, as the virus mutates.”

    This sort of open-ended crisis that leaves the legislature out of the equation breaks the feedback loop that representative democracy relies upon. It also ignores the role that individual decision making plays in mitigating the effects of a deadly disease, presuming that people would be utterly helpless without the government to protect them.

    And if the best argument for unilateral emergency powers is that they allow a state to be nimbler in responding to an evolving threat, then there should be evidence that states with stronger gubernatorial authority have fared better during the pandemic. But that’s a difficult case to prove.

    Michigan, Pennsylvania, and Washington were the three states with the most businesses forced to close during the first year of the pandemic, according to data collected by the Bureau of Labor Statistics. But Pennsylvania and Michigan have seen more deaths per 100,000 residents than the national average. It’s true that some states that adopted stricter pandemic policies, including New York and California, have seen some of the lowest death rates during the pandemic (despite early spikes in both places). But the same can be said of Florida, despite widespread media consternation about its relatively laissez faire approach to COVID-19.

    In places where elected representatives spent 2021 trying to stuff governors’ emergency powers back into democratically defined boxes, it is undeniable that politics and partisanship played a role. At the same time, state lawmakers (and voters) may have looked at what was happening, seen that it wasn’t working, and decided that something else was needed. That’s not undermining the effectiveness of state government; it’s democracy in action.

    Always Another Emergency

    COVID-19 is driving the use of emergency powers right now. But Dew worries that states without limits on those powers could find themselves facing other kinds of unilateral edicts in the future. Any one of dozens of quasi-emergencies that supposedly require a response from state governments could invite the sort of open-ended, top-down direction from the governor’s office (or the White House) that has been a hallmark of the pandemic.

    “That’s not the way our government is supposed to function,” Dew says. “Emergency powers are there for the governor to steady the ship in the middle of a storm, not to set a new course.”

    For special interest groups looking to impose large-scale policy changes that have been stymied by the democratic process or by legal and constitutional issues, the pandemic has not been a warning about the dangers of unilateral executive power. It has been a roadmap. Left-wing activists and even some Democratic lawmakers are increasingly pushing for governors and presidents to exert greater powers to deal with “emergencies” that would more accurately be described as long-term, chronic issues.

    “We’ve already seen calls in opinion pages to declare emergencies for things like climate change, homelessness, gun violence, and opiate abuse,” Dew says. “Those are serious issues that the government may choose to address. But if it does, it has to be through the state’s lawmaking body.”

    Just a week after Joe Biden was sworn into office, Senate Majority Leader Chuck Schumer (D–N.Y.) called upon the new president to declare climate change a national emergency. “If ever there was an emergency, the climate crisis is one,” Schumer told MSNBC’s Rachel Maddow.

    The majority leader was echoing a December 2020 letter to Biden’s transition team from more than 300 groups. It urged the incoming administration to invoke the National Emergencies Act as a remedy for climate change, a move that would give Biden the unilateral authority to impose the policies favored by those groups. Among other things, The Washington Post explained, Biden could use such an order to direct military spending toward green energy projects, ban oil exports, or impose tariffs on countries he thinks are polluting too much.

    California provides an example of what that might look like—and why limits on executive power matter. In July 2021, Democratic Gov. Gavin Newsom issued an emergency declaration saying that “the effects of climate change threaten the health and safety of Californians.” He immediately used his new powers to issue 10 pages of rules for California’s electric and water utilities in response to the state’s ongoing drought. In October, he extended that order and gave the state water board the authority to ban car washing and to limit how water is used in everything from construction sites to decorative fountains.

    At least Newsom’s ability to enact far-reaching changes via emergency order is limited: In California, unlike many other states, emergency orders issued by the governor automatically end after 60 days. (In contrast, emergency powers seized by presidents under the National Emergencies Act can persist indefinitely, as long as the sitting commander in chief renews them each year. America’s longest-running ongoing “national emergency” was issued by President Jimmy Carter to freeze the assets of perpetrators of the Iranian hostage crisis.)

    Prior to his resignation, New York’s Cuomo became the first governor in the country to issue an emergency declaration targeting gun violence. The order, issued in July, redirects $139 million in state spending toward initiatives that are supposed to curtail a spike in shootings since the beginning of the pandemic.

    For the most part, that means more policing. Cuomo’s order created a new task force charged with stopping guns coming over New York’s borders. House Speaker Nancy Pelosi (D–Calif.) has expressed support for a similar emergency declaration at the federal level.

    But the most notable part of Cuomo’s order is how long it will remain in force: “until further notice.” That’s not a response to an emergency; it’s permanent policy making.

    Such abuses are not limited to the political left, Dew notes. President Donald Trump used emergency powers to redirect military funding to his border wall after Congress refused to authorize spending on it. And the Trump administration was responsible for one of the pandemic’s most ridiculous abuses of power: the Centers for Disease Control and Prevention’s nationwide ban on evictions. While the federal ban was overturned by the Supreme Court in August, New York and California maintained their own eviction moratoriums, imposed via emergency orders, as of December 2021.

    If past crises such as 9/11 and the subsequent war on terror teach us anything, it’s that even explicitly temporary expansions of government power can easily become permanent. The difference this time around is that fewer people are even pretending their wish list measures are supposed to be temporary, as Cuomo’s “until further notice” mandate on guns demonstrates. Rather than merely steering the ship of state through a storm, governors and presidents are increasingly using threats on the horizon to stay at the wheel.

    A Hardball Approach

    Pennsylvania is the first (and still the only) state to put a question about the limits of gubernatorial emergency powers before the voters since the start of the pandemic.

    Wolf, the Democratic governor, objected to the Republican-controlled legislature’s attempt to cut off his emergency powers via constitutional amendment. Having emergency declarations expire after just 21 days, Wolf said in a January 2021 statement, “would hinder our ability to respond quickly, comprehensively and effectively to a disaster emergency by requiring any declaration to be affirmed by concurrent resolution of the legislature every three weeks. This would force partisan politics into the commonwealth’s disaster response efforts and could slow down or halt emergency response when aid is most needed.” In the event that a disaster somehow prevented the legislature from meeting, he warned, the limit could leave the state with no legitimate leadership.

    Despite those objections, lawmakers moved quickly to approve the two amendments and place them on the state’s primary election ballot. “We are not saying that the governor can’t act,” state Sen. Ryan Aument (R–Lancaster) said during the floor debate. “We are simply saying that he can no longer act alone without justifying his actions before the people’s representatives in the General Assembly.”

    When Pennsylvanians went to the polls in May 2021, it was the first real test of voters’ attitudes toward pandemic lockdowns. By narrow margins, they approved both constitutional amendments limiting Wolf’s emergency powers.

    A few weeks later, on June 8, both chambers of the state legislature used those newly granted constitutional powers to terminate the governor’s emergency order. After more than 460 days, the official “emergency” phase of the pandemic was over.

    The pandemic itself, of course, rages on. But the debate about which policies are necessary to control it—lockdowns, mask mandates, vaccine passports, and whatever comes next—should be wholly separate from the debate about how those decisions are made. Democracy is messy, but neither legislatures nor governors (nor unelected public health experts) have a monopoly on the truth, or on the proper balance between safety and freedom.

    “The separation of powers matter,” Chertoff says. “They’re supposed to be checking one another.”

    She worries that some states may have, for partisan reasons, gone too far in restraining how governors can act in the face of a genuine future emergency. But by refusing to give lawmakers a seat at the table as the weeks and months passed, some governors may have invited a hardball approach. To limit the power of the state, James Madison famously wrote in The Federalist Papers, “ambition must be made to counteract ambition.”

    High-minded ideals aside, at Seven Sirens Brewing Co., the passage of the constitutional amendments and subsequent neutering of Wolf’s emergency order brought some relief. Serulneck knows he could be facing another tough winter, but at least another state-mandated shutdown seems to be off the table.

    Anyone who walks inside Serulneck’s taphouse in the coming months will certainly be aware of the risks. The new omicron variant is a reminder that COVID-19 is still a crisis—but it’s not an emergency.

    Individuals can make their own risk assessments without state intervention. Control-obsessed politicians “have less legal ground to stand on now,” Serulneck says. “When the emergency order powers were stripped, that pretty much put an end to it.”

    The post The Lockdown Showdown appeared first on Reason.com.

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    The Lockdown Showdown


    boehm

    Brewery owner Jordan Serulneck remembers feeling the pit in his stomach when he found out the state was ordering him to shut his doors—again. “Our rent was still full price,” recalls Serulneck, the co-owner of Seven Sirens Brewing Co. in Bethlehem, Pennsylvania. “We have a loan with a bank, and that still had to be paid.”

    It was November 23, 2020, three days before Thanksgiving. Pennsylvania Gov. Tom Wolf, a Democrat, had just ordered a snap shutdown that required bars and restaurants to close on “Thanksgiving Eve” to prevent gatherings that might spread COVID-19. The fact that Seven Sirens had scraped together more than $10,000 to convert an outdoor space into a heated patio ahead of the winter didn’t matter; the governor’s order banned both indoor and outdoor dining.

    When the pandemic hit in March 2020, just a few weeks after Seven Sirens had first opened in mid-February, Serulneck complied with the state’s shutdown order. The promised “15 days to slow the spread” turned into weeks, then longer. It wasn’t until months later that any bars, restaurants, or breweries were allowed to reopen for in-person service. Then came the Thanksgiving shutdown, and then another the following month, this time banning indoor dining from December 11 until after the start of the new year.

    When Wolf imposed those new shutdowns late in 2020, Serulneck wasn’t the only business owner to groan—or to shrug. Hundreds of Pennsylvania businesses defied the edicts. Some were punished with fines and threatened with loss of their licenses. Serulneck recalls a TV news van that was parked outside Seven Sirens on the night before Thanksgiving “to see if we were going to be hauled out in handcuffs” for flouting the governor’s order.

    Thankfully, it didn’t come to that. But Pennsylvania was hardly the only state where a governor took drastic action to curtail commercial and social activity during the pandemic—not just when it began but months after the risks of gathering and dining indoors were well known to anyone who might voluntarily visit a brewery, restaurant, or store.

    Andrew Cuomo, then New York’s governor, set curfews and mandated that bars sell food if they wanted to serve alcohol. Michigan Gov. Gretchen Whitmer banned stores from selling anything other than “products necessary to maintain the safety, sanitation, and basic operations of residences.” Many states imposed sweeping mask mandates by executive order rather than through the legislative process.

    Governors generally enjoy broad powers during emergencies, which allow them to command the state government in response to a terrorist attack, a hurricane, or, yes, a pandemic. But an emergency is, by definition, a discrete, time-limited event: an immediate crisis that requires an immediate response.

    The COVID-19 pandemic has challenged our understanding of what counts as an emergency and when the special powers it triggers should no longer apply. Emergency powers are supposed to give governors the ability to respond quickly to unexpected circumstances. But at some point after the initial crisis has passed, doesn’t an emergency transform into an issue that can be dealt with via the normal channels of government?

    “If you were to use medical terminology, you’d say it goes from being an acute issue to a chronic one,” says Meryl Justin Chertoff, executive director of the Project on State and Local Government Policy and Law at Georgetown Law School. “When does it stop being a disaster in the sense that we need decisive executive action, and when does it start becoming something that requires the more deliberative steps of legislative action, or at least consultation between the governor and legislature?”

    Many state legislatures grappled with that issue in 2021, as more than 300 measures to limit governors’ unilateral emergency powers were proposed in 45 states. Such measures have been approved in at least a dozen states—including Pennsylvania, where lawmakers and the state’s voters approved a pair of constitutional amendments restricting emergency powers. Those laws, in turn, have sparked opposition from governors’ offices and from the public health community, which overwhelmingly backed 2020’s harsh lockdowns.

    These debates speak to fundamental questions about how democracies should approach not only the COVID-19 pandemic but other problems, ranging from homelessness to climate change. Does effective government require quick, centralized decisions, or should it rely on deliberation and decentralization?

    At a time when governments at all levels seem to veer from crisis to crisis as a means of getting things done, this new wave of laws is a reminder that a serious, ongoing issue is not the same as an emergency that justifies setting aside the usual lawmaking process. Put another way, there is a difference between giving a governor the power to respond to a deadly disease at the outset of a pandemic and, six or eight months later, giving that same person the power to unilaterally decide on Monday that bars must close on Wednesday night.

    “You just think, ‘How much longer can this go on?'” Serulneck says, remembering how his brewery was forced to weather a pandemic as well as the whims of the state’s chief executive. “How many more times are we going to go back and forth?”

    Consent of the Governed

    If it was going to go on much longer, Wolf would have to get the consent of the governed. “The citizens of Pennsylvania should have a say in reining in this extended, unilateral power on display during this emergency,” Pennsylvania Senate Majority Leader Kim Ward (R–Westmoreland County) said on the state Senate floor in January 2021, as she announced a new plan to give the legislature a more prominent role in statewide emergencies. “They are the ones who suffer the consequences when checks and balances don’t exist.”

    For the first 11 months of the pandemic, those checks and balances were indeed out of whack. Wolf’s initial emergency order, issued in March 2020, was supposed to expire after 90 days, but it had been renewed by the governor on four occasions and was still in force. He ordered schools closed and banned “non-life-sustaining” businesses from operating.

    The specifics were at times confusing. Truckers were allowed to work, but truck stops were shuttered. Small businesses whose products were deemed nonessential, such as furniture stores, were ordered to close, even though big-box retailers like Walmart were still free to sell chairs and tables alongside “essential” items. Laundromats were closed, leaving some Pennsylvanians without the means to wash their clothes, but they were free to buy booze from state-owned liquor stores. One of Wolf’s economic advisers quit in protest, blasting the governor for the “devastating economic fallout your decisions have wrought on our state” in his resignation letter.

    In Pennsylvania and elsewhere, the pandemic made it clear that “states have these very broad emergency powers available to governors with very little in the way of limitations,” says Daniel Dew, director of legal policy at the Pacific Legal Foundation, a nonprofit libertarian law firm.

    The state legislature tried to play its role to little avail. In June 2020, both the House and the Senate approved a resolution that put an end to Wolf’s emergency declaration from March. But the governor claimed he had the authority to veto that measure, thanks to unclear wording in the original statute regarding the governor’s emergency powers.

    The state Supreme Court sided with Wolf, effectively imposing a requirement that two-thirds of both chambers vote to end an emergency declaration. It would have been easier to impeach the governor—a maneuver that requires only a simple majority in the state House and a supermajority in the state Senate—than to end his emergency powers.

    And so, nearly 10 months after the pandemic hit, Ward decided to try a different tactic. Pennsylvania’s constitution allows the legislature to propose constitutional amendments, which must be ratified or rejected by voters. Ward’s proposed amendment, contained in Senate Bill 2, limited emergency declarations to 21 days and required an affirmative vote from the legislature to renew them.

    One advantage of this approach: In Pennsylvania, the governor does not have the power to veto a proposed constitutional amendment. It goes straight from the legislature to the ballot to the voters.

    As the first year of the pandemic came to a close, similar debates were roiling many state capitals. In Kentucky, the Republican-controlled legislature clashed throughout the early spring with Democratic Gov. Andy Beshear, who in November had reimposed a mandate closing schools, bars, and restaurants and limiting groups at weddings, at funerals, and in offices. On Easter Sunday in 2020, Beshear sent state police to stop a few church services.

    The Democratic governors of Kansas and North Carolina faced similar rebukes from GOP-controlled legislatures.

    According to a Kaiser Health News report published in mid-September, legislators in at least 26 states had passed laws to limit public health decrees since the start of the pandemic. That count includes rules limiting governors’ executive power, but it also includes states where lawmakers have exercised arguably excessive powers themselves by banning private businesses from imposing mask or vaccine mandates on employees and customers.

    Not all of the clashes between legislatures and governors were motivated by partisanship. In several states, Republican lawmakers led the charge against emergency powers wielded by Republican governors—including Idaho Gov. Brad Little, who renewed his COVID-19 emergency order a whopping 10 times before state lawmakers put an end to it. In Indiana, Republican Gov. Eric Holcomb sued state legislators after they passed a law limiting his emergency powers during the pandemic. The courts upheld the new restrictions on his authority. In March, the Democrats who controlled New York’s legislature struck down several of Cuomo’s emergency orders.

    On the other hand, some state lawmakers have been happy to pass off responsibility to the executive branch. Connecticut’s legislature has voted six times, most recently in October 2021, to extend Democratic Gov. Ned Lamont’s emergency pandemic powers.

    Preparing for Next Time

    Many of the efforts to restrict gubernatorial emergency powers kicked off in spring 2021, and a similar flurry of activity could happen in early 2022. That probably has more to do with logistics than anything. Many state legislatures are in session for a limited period of time, mostly in the first half of the year. Those sessions had been disrupted in 2020 by the start of the pandemic, so early 2021 presented the first opportunity for serious legislative consideration of what to do next. But the timing also reflected the frustration of state lawmakers who had been largely cut out of key decisions for the better part of a year—and who had been hearing plenty of complaints from pandemic-weary constituents.

    In a democracy, Georgetown’s Chertoff says, “it is problematic to have governors doing so much for so long by executive order.” She adds that bringing lawmakers into the process earlier might have helped avoid some of the politicization that has plagued the pandemic response. If members of both parties had voted to approve restrictions on businesses or to mandate mask wearing, it would have been harder to treat those policies as partisan issues.

    But states entered the pandemic with broad emergency-power laws already on their books. Those laws were not crafted with a yearslong health crisis in mind.

    The Idaho legislature granted “tremendous power” to the governor when it passed an emergency-power law in the 1960s, inspired by fears of a nuclear attack that would disrupt the normal functioning of government, Idaho state Rep. Jason Monks (R–Meridian) told the Associated Press in March. He said the pandemic “was the first time, I think, that those laws were really stress-tested.” A few weeks later, the Idaho legislature voted to impose a 60-day limit on the governor’s emergency declarations.

    Pacific Legal’s Dew has advised some state lawmakers on the finer points of rewriting the laws governing emergency powers. They have included legislators in Kentucky, where one of the most significant reforms was passed in 2021.

    When Kentucky’s emergency-power law was enacted in 1998, it did not include a mechanism for the state legislature to intervene in a disaster declared by the governor. The state’s legislature meets for only a few weeks every year, and only the governor can call a special session to deal with a crisis. While that arrangement was obviously tilted toward executive power, prior to the pandemic it was overwhelmingly used in response to severe weather events: 46 of the 57 previous declarations were related to storms, according to 2020 research published by the Pegasus Institute, a free market think tank in Louisville.

    “When the levies broke in New Orleans, that was an emergency,” says Josh Crawford, executive director of Pegasus, which backed the reform effort in Kentucky. “But actually rebuilding the city afterwards, that was a question for traditional governance.”

    Crawford says “a lot of people, rightly, gave these governors a tremendous amount of leeway” in the early stages of the pandemic, when no one really knew what was going to happen. By the end of 2020, however, the world was grappling with a different set of questions and contemplating a much longer time period. “You’re no longer really talking about an emergency,” Crawford says. “You’re talking about an important policy question, and we have a procedure in place for dealing with important policy questions—but it’s not government by executive fiat.”

    To restore balance, state lawmakers in Kentucky passed what is so far the most aggressive limitation on gubernatorial emergency powers since the pandemic began. A three-bill package initially passed in January 2021 caps emergency declarations at 30 days and requires legislative consent—which can subsequently be revoked at any time—for an extension. The bills also prohibit the governor and attorney general from suspending state laws during an emergency and forbid emergency declarations that impinge on the right to worship or protest. Once an emergency declaration expires or is ended, a “substantially similar” one cannot be issued for 90 days.

    Beshear vetoed the bills, but the state legislature overrode his veto in mid-February. A state district court issued an injunction against the new laws after Beshear argued that they would undermine Kentucky’s response to the pandemic and cause avoidable deaths. But the Kentucky Supreme Court overturned that injunction in September and told the district court to rehear the case on the merits. While that legal back-and-forth was playing out, the state legislature agreed to extend Beshear’s emergency pandemic powers until June 21, after which they were terminated.

    “The Supreme Court has confirmed what the General Assembly has asserted throughout this case—the legislature is the only body with the constitutional authority to enact laws,” House Speaker David Osborne and Senate President Robert Stivers, both Republicans, said in a joint statement on August 21, shortly after the state Supreme Court blocked the injunction against the law.

    The outcome in Kentucky obviously has implications for the remainder of the COVID-19 pandemic. But this kind of law matters for other reasons too. State lawmakers must decide whether the next crisis, when it inevitably arrives, will play out the same way this one has.

    Public Health Power Grab

    That governors have fought legislative attempts to curtail their power is not surprising. But some of the loudest opposition to emergency-power reforms has come from the public health establishment.

    In state after state, public health officials have lined up to defend arbitrary and aggressive pandemic rulemaking against the constraints of the democratic process. In doing so, they’ve defended both Democratic and Republican administrations, showing a bias toward unilateral power rather than any particular political party.

    In Ohio, for example, representatives from 18 county health departments and four city health departments testified in February 2021 against a plan to strip some emergency powers from Republican Gov. Mike DeWine. State lawmakers ignored that opposition and approved a bill that limits future emergency declarations to no more than 30 days and prohibits governors from issuing stay-at-home orders or closing businesses. In response, the public health experts escalated their rhetoric. “Each hurdle that favors a lack of public health response,” Mark Cameron, an immunologist at Case Western Reserve University, told the Ohio Capital Journal, “will cause infections and death.”

    In May, the National Association of County and City Health Officials and the Network for Public Health Law published a joint report decrying legislative efforts to weaken governors’ emergency powers during the pandemic. “Dissatisfaction and anger at perceived overreaches by governors and public health officials in response to the COVID-19 pandemic has led to an onslaught of legislative proposals to eliminate or limit the emergency powers and public health authority used by these officials,” the groups said in an official statement. “It is foreseeable that these laws will lead to preventable tragedies.”

    The public health response to these bills has accurately described the circumstances—in this case, the voter dissatisfaction that is motivating the reforms—while exaggerating the potential consequences of deviating from the course plotted early in the pandemic. Public health officials have been useful in projecting the course of the pandemic and in developing mitigation strategies. But their recommendations, from the initial lockdowns to today’s stay-masked-even-if-you’re-vaccinated guidelines, have routinely failed to account for the practical, human considerations that are a fundamental part of crafting policy.

    The May report specifically criticized a new Kansas law—passed by the Republican-controlled legislature and signed by Gov. Laura Kelly, a Democrat, without the drama that marked similar actions in other states—barring the governor from shutting down businesses during a pandemic. Protecting the rights of business owners to not have their livelihoods upended by executive fiat would “allow super-spreader venues” to operate, the two public health groups warned ominously.

    Imposing time limits on emergency declarations and giving state legislatures a say in whether the declarations continue is “undermining public health authority” and “will jeopardize health and safety,” the groups added. They also warned that reining in the public health power grab would make it more difficult to “advance health equity during a pandemic.”

    During an October interview with a local TV station, Washington’s Democratic governor, Jay Inslee, provided a perfect example of the problems with the top-down approach that public health authorities have championed. More than a year and a half after the pandemic began, people have figured out their own strategies for managing risk and coping with the disease. But Inslee sees it differently: “There is only one person in the state of Washington who has the capability to save those lives right now, and it happens to be the governor of the state of Washington,” he said.

    Asked whether legislators should play a larger role in making policies like vaccine mandates, Inslee said it wasn’t possible “because we need to act right now.” Asked when the crisis might be deemed to have passed, at least to the extent that would allow lawmakers into the process, Inslee said he couldn’t be sure “because there are so many metrics to look at.”

    “If we make decisions today with some metric that doesn’t make sense after the virus mutates, we could be making some bad decisions and losing thousands of lives,” he said. “We have to depend on the best science that now exists—and it changes as we learn about this, as the virus mutates.”

    This sort of open-ended crisis that leaves the legislature out of the equation breaks the feedback loop that representative democracy relies upon. It also ignores the role that individual decision making plays in mitigating the effects of a deadly disease, presuming that people would be utterly helpless without the government to protect them.

    And if the best argument for unilateral emergency powers is that they allow a state to be nimbler in responding to an evolving threat, then there should be evidence that states with stronger gubernatorial authority have fared better during the pandemic. But that’s a difficult case to prove.

    Michigan, Pennsylvania, and Washington were the three states with the most businesses forced to close during the first year of the pandemic, according to data collected by the Bureau of Labor Statistics. But Pennsylvania and Michigan have seen more deaths per 100,000 residents than the national average. It’s true that some states that adopted stricter pandemic policies, including New York and California, have seen some of the lowest death rates during the pandemic (despite early spikes in both places). But the same can be said of Florida, despite widespread media consternation about its relatively laissez faire approach to COVID-19.

    In places where elected representatives spent 2021 trying to stuff governors’ emergency powers back into democratically defined boxes, it is undeniable that politics and partisanship played a role. At the same time, state lawmakers (and voters) may have looked at what was happening, seen that it wasn’t working, and decided that something else was needed. That’s not undermining the effectiveness of state government; it’s democracy in action.

    Always Another Emergency

    COVID-19 is driving the use of emergency powers right now. But Dew worries that states without limits on those powers could find themselves facing other kinds of unilateral edicts in the future. Any one of dozens of quasi-emergencies that supposedly require a response from state governments could invite the sort of open-ended, top-down direction from the governor’s office (or the White House) that has been a hallmark of the pandemic.

    “That’s not the way our government is supposed to function,” Dew says. “Emergency powers are there for the governor to steady the ship in the middle of a storm, not to set a new course.”

    For special interest groups looking to impose large-scale policy changes that have been stymied by the democratic process or by legal and constitutional issues, the pandemic has not been a warning about the dangers of unilateral executive power. It has been a roadmap. Left-wing activists and even some Democratic lawmakers are increasingly pushing for governors and presidents to exert greater powers to deal with “emergencies” that would more accurately be described as long-term, chronic issues.

    “We’ve already seen calls in opinion pages to declare emergencies for things like climate change, homelessness, gun violence, and opiate abuse,” Dew says. “Those are serious issues that the government may choose to address. But if it does, it has to be through the state’s lawmaking body.”

    Just a week after Joe Biden was sworn into office, Senate Majority Leader Chuck Schumer (D–N.Y.) called upon the new president to declare climate change a national emergency. “If ever there was an emergency, the climate crisis is one,” Schumer told MSNBC’s Rachel Maddow.

    The majority leader was echoing a December 2020 letter to Biden’s transition team from more than 300 groups. It urged the incoming administration to invoke the National Emergencies Act as a remedy for climate change, a move that would give Biden the unilateral authority to impose the policies favored by those groups. Among other things, The Washington Post explained, Biden could use such an order to direct military spending toward green energy projects, ban oil exports, or impose tariffs on countries he thinks are polluting too much.

    California provides an example of what that might look like—and why limits on executive power matter. In July 2021, Democratic Gov. Gavin Newsom issued an emergency declaration saying that “the effects of climate change threaten the health and safety of Californians.” He immediately used his new powers to issue 10 pages of rules for California’s electric and water utilities in response to the state’s ongoing drought. In October, he extended that order and gave the state water board the authority to ban car washing and to limit how water is used in everything from construction sites to decorative fountains.

    At least Newsom’s ability to enact far-reaching changes via emergency order is limited: In California, unlike many other states, emergency orders issued by the governor automatically end after 60 days. (In contrast, emergency powers seized by presidents under the National Emergencies Act can persist indefinitely, as long as the sitting commander in chief renews them each year. America’s longest-running ongoing “national emergency” was issued by President Jimmy Carter to freeze the assets of perpetrators of the Iranian hostage crisis.)

    Prior to his resignation, New York’s Cuomo became the first governor in the country to issue an emergency declaration targeting gun violence. The order, issued in July, redirects $139 million in state spending toward initiatives that are supposed to curtail a spike in shootings since the beginning of the pandemic.

    For the most part, that means more policing. Cuomo’s order created a new task force charged with stopping guns coming over New York’s borders. House Speaker Nancy Pelosi (D–Calif.) has expressed support for a similar emergency declaration at the federal level.

    But the most notable part of Cuomo’s order is how long it will remain in force: “until further notice.” That’s not a response to an emergency; it’s permanent policy making.

    Such abuses are not limited to the political left, Dew notes. President Donald Trump used emergency powers to redirect military funding to his border wall after Congress refused to authorize spending on it. And the Trump administration was responsible for one of the pandemic’s most ridiculous abuses of power: the Centers for Disease Control and Prevention’s nationwide ban on evictions. While the federal ban was overturned by the Supreme Court in August, New York and California maintained their own eviction moratoriums, imposed via emergency orders, as of December 2021.

    If past crises such as 9/11 and the subsequent war on terror teach us anything, it’s that even explicitly temporary expansions of government power can easily become permanent. The difference this time around is that fewer people are even pretending their wish list measures are supposed to be temporary, as Cuomo’s “until further notice” mandate on guns demonstrates. Rather than merely steering the ship of state through a storm, governors and presidents are increasingly using threats on the horizon to stay at the wheel.

    A Hardball Approach

    Pennsylvania is the first (and still the only) state to put a question about the limits of gubernatorial emergency powers before the voters since the start of the pandemic.

    Wolf, the Democratic governor, objected to the Republican-controlled legislature’s attempt to cut off his emergency powers via constitutional amendment. Having emergency declarations expire after just 21 days, Wolf said in a January 2021 statement, “would hinder our ability to respond quickly, comprehensively and effectively to a disaster emergency by requiring any declaration to be affirmed by concurrent resolution of the legislature every three weeks. This would force partisan politics into the commonwealth’s disaster response efforts and could slow down or halt emergency response when aid is most needed.” In the event that a disaster somehow prevented the legislature from meeting, he warned, the limit could leave the state with no legitimate leadership.

    Despite those objections, lawmakers moved quickly to approve the two amendments and place them on the state’s primary election ballot. “We are not saying that the governor can’t act,” state Sen. Ryan Aument (R–Lancaster) said during the floor debate. “We are simply saying that he can no longer act alone without justifying his actions before the people’s representatives in the General Assembly.”

    When Pennsylvanians went to the polls in May 2021, it was the first real test of voters’ attitudes toward pandemic lockdowns. By narrow margins, they approved both constitutional amendments limiting Wolf’s emergency powers.

    A few weeks later, on June 8, both chambers of the state legislature used those newly granted constitutional powers to terminate the governor’s emergency order. After more than 460 days, the official “emergency” phase of the pandemic was over.

    The pandemic itself, of course, rages on. But the debate about which policies are necessary to control it—lockdowns, mask mandates, vaccine passports, and whatever comes next—should be wholly separate from the debate about how those decisions are made. Democracy is messy, but neither legislatures nor governors (nor unelected public health experts) have a monopoly on the truth, or on the proper balance between safety and freedom.

    “The separation of powers matter,” Chertoff says. “They’re supposed to be checking one another.”

    She worries that some states may have, for partisan reasons, gone too far in restraining how governors can act in the face of a genuine future emergency. But by refusing to give lawmakers a seat at the table as the weeks and months passed, some governors may have invited a hardball approach. To limit the power of the state, James Madison famously wrote in The Federalist Papers, “ambition must be made to counteract ambition.”

    High-minded ideals aside, at Seven Sirens Brewing Co., the passage of the constitutional amendments and subsequent neutering of Wolf’s emergency order brought some relief. Serulneck knows he could be facing another tough winter, but at least another state-mandated shutdown seems to be off the table.

    Anyone who walks inside Serulneck’s taphouse in the coming months will certainly be aware of the risks. The new omicron variant is a reminder that COVID-19 is still a crisis—but it’s not an emergency.

    Individuals can make their own risk assessments without state intervention. Control-obsessed politicians “have less legal ground to stand on now,” Serulneck says. “When the emergency order powers were stripped, that pretty much put an end to it.”

    The post The Lockdown Showdown appeared first on Reason.com.

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    CCP Extending “3 Warfares” Strategy Into Space: Expert

    CCP Extending “3 Warfares” Strategy Into Space: Expert

    Authored by Andrew Thornebrooke via The Epoch Times,

    A Chinese robot trundles about in the dust. It collects rock samples, measures chemical compounds, and observes craters never before seen by humankind. It’s beyond the reach of U.S. sensors. It’s beyond the rule of international laws and norms. It’s on a mission.

    It’s on the dark side of the moon.

    The Chinese Communist Party (CCP) has been operating Yutu-2 on the far side of Luna since 2019. Ostensibly part of the CCP’s lunar exploration program, rovers such as Yutu-2 are preparing the way for the construction of a new robotic research base on the moon. That base, in turn, will prepare the way for a crewed moon landing and a new lunar base managed jointly by China and Russia.

    The exploration phase of this process, of which Yutu-2 is a part, is planned to extend through 2025 with six more missions conducted by China and Russia. Following that, construction on the base is expected to last until at least 2035, with full operational capacity being achieved by 2036.

    The ambition piques the interest of scientists, ever hungry for new knowledge about Earth’s only moon. The secrecy shrouding the project, however, unnerves strategists who don’t see this little rover as merely one small step for mankind, but as one giant leap for Chinese military capabilities.

    Indeed, some experts believe that Yutu-2’s lunar rock collection isn’t only a continuation of Sino–U.S. competition, but might actually provide the keys to victory in a future war.

    Space Is a Warfighting Domain

    Michael Listner is an attorney of a very peculiar sort. He specializes in space policy and has, for some years, led the publication of “The Précis,” a legal newsletter that examines the basis of space law and its ramifications for international policy in every field from business to national security.

    He says the CCP is extending its “Three Warfares” strategy into space. This vast new frontier will be central to the regime’s campaigns of media aggrandizement, the subject of psychological warfare, and, vitally, the centerpiece of new legal battles that will reshape the international order as China seeks to claim the United States’ global hegemon status for its own.

    The strategy, he said, is designed to undermine and perhaps defeat the enemy without firing a shot.

    “Space is a warfighting domain,” Listner said. “It’s going to be part of the struggle and it’s going to be part of a future conflict.”

    “They are fighting on all these fronts right now,” Listner added of the CCP’s three warfares strategy in space. “In fact, I really look at it as preparing the battlefield.”

    That effort to shape the battlefield, central to any military, is particularly meaningful to Chinese military strategists who, since at least the fifth century B.C., have studied the writings of the eminent philosopher of war Sun Tzu, who argued that preparing the battlefield was the means of mastering the enemy.

    As such, it’s feared that the Chinese regime will effectively ensure that should conflict break out, it has the strategic advantage by preparing a favorable legal landscape, positioning assets in orbit, and building alliances in its space operations.

    The reason for the continuation of this effort on the moon is simple enough: America can’t work without space.

    “The American dependence and reliance on space is almost absolute,” said Paul Crespo, president of the Center for American Defense Studies.

    “From communications to banking to air and ground travel and GPS, our economy, society, and military cannot survive without U.S. space dominance.”

    Crespo, a Marine veteran who served in the Defense Intelligence Agency, has spent years examining the CCP’s malign influence abroad and its efforts to degrade and undermine its adversaries through dual-use technologies and legal warfare.

    Both Crespo and Listner fear that the moon will be China’s next “nine-dash line,” and that it will be used to bend the rule of law to the CCP’s advantage, just as it has in the South China Sea.

    The Chinese regime claims about 85 percent of the disputed South China Sea demarcated by its nine-dash line, a claim that was rejected by a 2016 international tribunal. Several other countries also lay claim to parts of the waterway.

    Despite the ruling, Beijing has built military outposts on artificial islands and reefs in the region, and deployed coast guard ships and Chinese fishing boats to intimidate foreign vessels, block access to waterways, and seize shoals and reefs.

    Experts fear the CCP will use its moon and space infrastructure to similarly box out competition and control the happenings of the region, in violation of international laws and norms.

    “The CCP has proven it has no respect for international law or norms, and is willing to bully, threaten, coerce and push its way into any place it deems vital to its strategic goals,” Crespo said.

    “That’s crystal clear with its illegal expansion into, and claims on, most of the South China Sea.”

    “This certainly will be even more true for China in space where the norms are far less established and codified.”

    The United States’ response to CCP space adventurism has been mixed.

    During the administration of President Donald Trump, the nation took a hardline stance and sought to outrace the CCP to the moon. Indeed, the Artemis Accords were initially designed to guide those nations that were to partake in the Artemis Program, a U.S.-led effort to establish a base on the moon.

    Trump’s Space Policy Directive-1, likewise, sought to “lead an innovative and sustainable program of exploration with commercial and international partners to enable human expansion across the solar system and to bring back to Earth new knowledge and opportunities.”

    To accommodate these ambitions, NASA attempted to step up its original goal of establishing a moon presence from 2028 to 2024. That date was quickly pushed back to 2025, however. Since then, NASA has changed course again, and slated 2025 as the earliest date for a U.S. flight around the moon, but which won’t land on the moon.

    A Long March 5B rocket lifts off from the Wenchang launch site on China’s Hainan island on May 5, 2020. Another variant of the Long March rocket was used to get China’s hypersonic missile into orbit in July. (STR/AFP via Getty Images)

    Usurping the Advantage

    The moon race has the potential to revolutionize international relations more than any other facet of Sino–American competition. When it comes to dictating what the law is beyond the earth’s atmosphere, Crespo and Listner believe that who gets there first wins.

    “It’s all really about great power competition,” Listner said.

    “The general consensus about great power competition is who’s going to eventually make the rules in an international arena. In other words, who’s going to have the most influence in shaping what’s legal and what the worldview looks like in the next few decades.”

    Listner described the struggle between the United States and China for influence in shaping the world and its norms as one of competing visions, in which two radically different ways of understanding and operating in the world are being pitted against one another.

    That struggle, he said, is playing out in space.

    “Right now, there are two competing visions,” Listner said.

    “One is the Artemis Accords, which the Trump administration started.”

    “The Russian Federation and the People’s Republic of China countered with their own competing vision, called the International Lunar Research station.”

    The Artemis Accords, Listner said, are a framework for international cooperation regarding the exploration and use of Luna, Mars, and other astronomical objects. The effort is based largely on the U.N. Outer Space Treaty of 1967, and seeks to affirm peaceful cooperation, promote interoperability, and register objects in space with uniform standards.

    The Outer Space Treaty currently has 111 signatories, including China and Russia. The Artemis Accords, first signed in 2020, has 14 signatories; China and Russia didn’t sign, viewing the effort as a commercial agreement needlessly favorable to the United States.

    The International Lunar Research Station, on the other hand, is the CCP and Russia’s effort to wrest international space leadership away from the United States’ NASA, and champion a new, Eurasian order.

    Indeed, little Yutu-2 is just the first of seven exploratory missions planned by China and Russia, which will prepare the way for the construction of the base. That matters when the future of space dominance is on the line.

    “It’s about the competing view of what the rule of law is going to be and who’s going to make the rules on the lunar surface and in exploiting space,” Listner said.

    “Whoever gets there first and starts building will be the one who makes the rules.”

    To that end, Crespo warned that the CCP is attempting to reforge space in its own image, undercutting the United States’ ability to sustain itself not only as a world superpower, but possibly as a civilization.

    “Neutralizing our space dominance will severely hamper our ability to win any major conflict, and ultimately even our ability to maintain a stable, modern, functioning society,” he said.

    “If the Chinese move beyond simply neutralizing our dominance and gain clear space dominance themselves, that will become almost a fait accompli in terms of America losing its ability to remain a world power, and even simply an independent sovereign nation.”

    Listner said that it’s gray-zone conflict at its finest, and that the United States and China are engaged in war by any other name.

    “From the perspective of the PRC, we’re at war,” Listner said, referring to the People’s Republic of China.

    Chinese People’s Liberation Army HQ-9 surface-to-air missile launchers are seen during a military parade at Tiananmen Square in Beijing on Sept. 3, 2015. A modified version of this missile was used to shoot down a satellite in a test by China in 2007. (Greg Baker/AFP via Getty Images)

    The Lunar Threat

    That gray-zone conflict, in which nations engage in hostilities stopping somewhere short of opening fire, is in full swing in outer space.

    “Any manned Chinese and/or Russian base on the moon would provide them a significant strategic advantage militarily, legally, and economically,” Crespo said.

    In early December, Gen. David Thompson, the U.S. Space Force’s first vice chief of space operations, said that the CCP is launching attacks on U.S. space infrastructure “every single day.” These reversible attacks, in which U.S. satellite architecture or cyber systems are compromised temporarily, are largely understood to be a testing of the waters.

    That is, preparation for a real war.

    Thompson said in separate remarks that the Chinese regime is developing space capabilities at double the rate of the United States. Moreover, its growing array of platforms designed for space warfare is growing.

    “[The Chinese] have robots in space that conduct attacks,” Thompson said.

    “They can conduct jamming attacks and laser dazzling attacks. They have a full suite of cyber capabilities.”

    “If we don’t start accelerating our development and delivery capabilities, they will exceed us. And 2030 is not an unreasonable estimate,” he said.

    Such advancements point to weaknesses in existing laws such as the Outer Space Treaty, which many people erroneously believe bans the development of space weapons.

    “Conventional weapons in space aren’t banned by the Outer Space Treaty, as can be seen by the Russian Federation’s ASAT [Anti-satellite weapon] demonstration a few weeks ago,” Listner said.

    “However, nuclear weapons in certain circumstances are prohibited by the Outer Space Treaty.”

    Listner’s remarks refer to the recent demonstration by Russia of an ASAT missile that it used to explode a satellite in orbit. Critics accused Russia of putting the lives of astronauts at risk, as the thousands of pieces of debris could destroy space vehicles. The event was similar to an incident carried out by China in 2007.

    Indeed, the CCP is rapidly expanding its military capabilities as part of an all-out push to usurp military and commercial dominance from the United States. That effort is designed to provide the CCP with an overwhelming new blitzkrieg of military technologies worthy of science fiction.

    The effort includes the development of hypersonic weapons, electromagnetic pulse devices, new naval vessels capable of launching rockets into space, and a nuclear reactor to power space travel, reportedly 100 times more powerful than those planned by the United States.

    In all, the CCP plans to launch 10,000 satellites by 2030 in its efforts to topple U.S. space dominance.

    There are several ways in which the CCP could use the moon, or space assets more generally, to exploit weaknesses in its adversaries or further its weaponization efforts. Increased presence would allow China greater communication and control of its space assets, most notably satellite architecture, which is key to U.S. and allied GPS systems that the military depends upon. Experts have long argued that a preemptive strike on U.S. GPS systems would be China’s first move in a war, including one over Taiwan.

    Other potentialities are more hypothetical, such as the long-theorized use of a kinetic bombardment system that could leverage Earth’s gravitational pull against it. Such a system could effectively turn objects as simple as tungsten rods into weapons of mass destruction due to the velocity with which they would hit the earth.

    This would effectively allow a satellite- or moon-based system to throw heavy objects at the Earth with the destructive power of a meteor, a feat for which the proposed weapon has long been termed “Rods from God.”

    Though costlier than other systems, the idea for such a system has existed since the Cold War, and the Pentagon reportedly considered developing it in 2006 before pursuing hypersonic glide vehicle research instead.

    Listner said the CCP’s continued conquest of space was partially owed to the failure of U.S. and allied leaders to recognize fundamental differences in Western and Eurasian ways of conceptualizing the world and politics.

    “Fundamentally, we have to understand that the PRC and the Russian Federation do not think like the U.S. and Western nations,” Listner said.

    His comments reflected a growing consensus, recognized by new U.S. congressional reports, that the CCP is advancing a global campaign to champion Marxism as an alternative to American capitalism, and to supplant the United States as a global hegemon.

    To this end, the international community may like to play at lawmaking, such as is the case with the Artemis Accords, but the CCP has demonstrated a repeated unwillingness to adhere to such norms.

    “NGOs, peace groups, and disarmament groups believe the PRC and the Russians think like us when they don’t,” Listner said.

    “It’s called ‘mirror thinking,’ and it’s a very, very dangerous trap to play into.”

    This picture released on Jan. 11, 2019, by the China National Space Administration (CNSA) via CNS shows the Yutu-2 moon rover, taken by the Chang’e-4 lunar probe on the far side of the moon. (China National Space Administrat/AFP via Getty Images)

    A Base for Whom?

    Perhaps nowhere is this trap more apparent than in the CCP’s so-called dual-use policy.

    The CCP publicly denies that its space systems and projects, including its moon plans and satellite, are used for military purposes. For instance, it characterized its grabber satellite as a means of cleaning space junk, and its hypersonic missile test as a reusable spacecraft.

    Critics of the CCP point out that the ambiguity about whether such technology is ultimately civilian or military in nature is a feature of dual use.

    Dual use is the practical realization of the CCP’s policy of “civil-military fusion,” aimed at erasing all barriers between private and public life to ensure that all civilian technologies also advance Chinese military dominance.

    The rockets used to launch Yutu-2 to Luna are one such example. The same type of rocket was used to launch the CCP’s new hypersonic weapons system, which U.S. leaders fear is a nuclear first-strike weapon.

    CCP leaders said that the test was for the benefit of its space program.

    “Virtually everything that enables a country to launch objects into space is indistinguishable from intercontinental ballistic missiles or hypersonic weapons,” Crespo said.

    “For China, that distinction is fairly moot.”

    Crespo said that that ambiguity is part of the program, designed to obscure whether the military or civilian function of any project was intended to be dominant.

    Such ambiguity makes a difference on the moon, where all Chinese taikonauts are in the employ of the Chinese military.

    Any moon base serves scientific purposes while also clearly providing China a strategic lunar presence that will need to be defended, and can be used for surveillance, reconnaissance or military attacks of all types against satellites and other space assets,” Crespo said.

    “No lunar base will be purely civilian to the CCP.”

    A World to Gain

    Space has been described by researcher Paul Szymanski as “the most obscure battlefield.” Its obscurity doesn’t, however, diminish its centrality to the future of nations. To the contrary, the economic, military, and political ramifications of space, and of the control of Luna, in particular, are nigh impossible to overstate.

    “Space is America’s greatest asset and its greatest vulnerability,” Crespo said.

    “The Chinese and Russians see it as our Achilles heel.”

    To that end, one may consider the strategic value of space as the foremost point of CCP ambitions. It is the gateway through which one growing power might leapfrog a global hegemon to dictate the future of earthly affairs.

    Indeed, it isn’t an overstatement to say that the moon is to the CCP what the Alps were to Hannibal. Should it be taken, the rest may fall like dominoes.

    “The stakes are that high,” Crespo said. “Whoever controls space may control the world.”

    Tyler Durden
    Sat, 01/01/2022 – 23:10

    via ZeroHedge News https://ift.tt/3mO9IHc Tyler Durden