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This cheesy and creamy cauliflower and lima bean gratin features vegetables baked to perfection

The first gratin I ever encountered was in culinary school. My school adhered to the more traditional French style of cooking, so we made dishes with a lot of heavy cream, cheese, and carbs (I’ve got no problem with that). I remember falling in love with the concept of this dish: thinly sliced veggies baked to tender perfection in delicious, creamy, cheesy goodness. Often in a pretty dish with a golden crust and fresh herbs sprinkled on top. Nope, no problem at all.

I like to add just a touch of heat to my gratins, whether in the form of horseradish, red pepper flakes or hot sauce. I think it adds a nice balance to the richness of the dish. Life is all about balance, after all. Speaking of which, because this dish is so rich, consider serving it alongside a fresh green salad or baked chicken or fish so you don’t instantaneously fall into a deep, dreamy food coma. 

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Recipe: Cauliflower and Lima Bean Gratin

Makes 6 to 8 servings 

  • 3 tablespoons unsalted butter, plus more for the dish
  • 1 cup (about 2 large) sliced shallots
  • 4 medium cloves garlic, minced
  • 3 tablespoons all-purpose flour
  • 2 1/2 cups whole milk
  • 1 1/2 cups (about 6 ounces) grated Gruyère cheese
  • 1 to 2 tablespoons prepared horseradish
  • 1/2 cup chopped fresh parsley, divided
  • Kosher salt and freshly ground black pepper
  • 1 (2- to 3-pound) head cauliflower, cut into ¼-inch-thick slices
  • 3 cups cooked lima beans
  • 1 cup fresh bread crumbs
  • 1/2 cup (about 1½ ounces) grated Parmesan cheese
  • 1 cup lightly toasted whole walnuts, chopped 

1. Preheat the oven to 350 degrees F. Lightly butter a 3-quart (9-by-13-inch) baking dish.

2. In a large saucepan over medium heat, melt the butter. Add the shallots and garlic and cook until softened, about 5 minutes. Sprinkle the flour over the top and incorporate, stirring until fully combined, 2 to 3 minutes. Slowly whisk in the milk (really, y’all! Really slowly), a little at a time to create a thick, creamy sauce. Let simmer until thickened, about 5 minutes, stirring occasionally.

3. Remove from the heat and whisk in the Gruyère cheese, horseradish, and ¼ cup of the parsley. Season to taste with salt and pepper.

4. Combine the cauliflower and beans in the baking dish. Pour the sauce over the vegetables and jiggle the pan to settle the sauce.

5. In a small bowl, combine the bread crumbs, Parmesan cheese, walnuts, and remaining 1/4 cup parsley. Sprinkle over the top of the casserole.

6. Bake for 40 to 50 minutes, until the cauliflower is just tender and the top is golden brown. Let cool for 20 minutes before serving.

Swap it out: Don’t like lima beans? Try navy or great northern beans.

Like this recipe as much as we do? Click here to purchase a copy of “Easy Beans” by Jackie Freeman. 

Trump’s decade-old audit illustrates why the IRS targets the working poor as much as the rich

The New York Times’ exclusive on President Donald Trump’s taxes contains a lot of startling new findings.

A few noteworthy examples: He paid only US$750 in federal income tax in 2016 and 2017 – and nothing at all in 10 of the previous 15 years; he took massive income tax deductions for property tax payments on a New York estate he apparently uses for personal reasons; he paid consulting fees to family members; and he took $70,000 in business deductions for haircuts.

The report also zeroed in on a fact that has been well known for many years yet in my mind overshadows all of the other discoveries: Trump’s taxes are under audit and have been so since at least 2011. Trump claims that’s why he can’t release his taxes, though the IRS itself says that’s not the case. He also says he has paid “millions of dollars” in taxes in recent years.

Why is it taking so long to audit Trump’s taxes, when the IRS usually wraps up its audits within a year?

As a tax law expert, I believe a reason Trump’s audit is taking so long is related to the IRS’s practice of targeting the working poor at rates comparable to the wealthy. It’s hard to reel in the rich and often easier to focus on the poor.

The gray areas of tax law

Tax law is often perceived as an exercise in crunching the numbers. The taxpayer – or an accountant – simply plugs in data from her various W-2s and 1099s, and out comes a figure. Some tax preparation services even show the taxpayer the real-time effect of each entry on the amount of tax owed.

In reality, tax law has plenty of gray areas, particularly for business owners, in which tax law depends on subjectively judging why a person did what he or she did.

When someone acts for business reasons, they should be able to deduct their expenses. As the saying goes, “You have to spend money to make money.” The federal income tax is a net income tax, meaning it respects that old saying and applies only to earnings that exceed costs. If someone is acting for personal reasons like consumption or leisure, a tax deduction is generally not allowed.

Uncovering the motives behind the activities of any person requires a lot of information and difficult analysis, but for someone like Trump, whose personality is his business, the task is exponentially harder.

For instance, is Trump’s Seven Springs estate in New York business or personal property? If it’s for business, property taxes paid on it are fully deductible. If it’s personal property, only $10,000 of the property taxes could be deducted, thanks to Trump’s own Tax Cuts and Jobs Act of 2017. The answer depends on a lot of factors, such as how he promotes the property, what types of improvements he makes and what he does while there. Despite some contradictory statements from his sons, The New York Times suggests that Trump has treated the Seven Springs estate as business property, which would allow him to fully deduct the taxes on the estate.

Another gray area is the $26 million he claims in consulting fees, including ones reportedly paid to family members such as his daughter Ivanka. To determine if consulting fees paid to a family member are actually nondeductible gifts, the IRS must examine what she was asked to do and whether the fees were reasonable. It is unclear from The New York Times story what exactly Ivanka was tasked with doing to earn the almost $750,000 in fees Trump deducted.

As for Trump’s $70,000 in haircuts, to determine if they were deductible, the IRS must understand whether they were unique to his job on “The Apprentice.” Inherently personal expenses – things like grooming, meals and commuting – are incredibly difficult to deduct. Trump would have to demonstrate that his business motives completely outweighed his personal ones. In other words, he would have to show that he would not have gotten haircuts but for his business. Since he deducted the cuts, we can presume his hair would have gone unkempt without the show.

Easier targets

Compounding the difficulty of sorting out these gray areas, the IRS is operating on a shoestring budget, despite research showing that a dollar of investment in the IRS yields more than a dollar in tax collections. Auditors must stretch their budgets to uncover the information they need and then make difficult judgment calls.

The IRS’s limited resources mean that auditors end up focusing their attention on cases with more straightforward issues and more accessible information. That’s why lower-income individuals receiving the earned income tax credit were audited at a 1.2% rate in 2016, the most current year of mostly complete data, comparable to the audit rate of roughly 1.5% for individuals earning over $500,000.

Typically, EITC audits are resolved within a year. That’s because examiners can look for objective facts, such as how many children are in the home, rather than sorting out subjective motives behind expenses. Often computers can quickly flag errors, making for more open-and-shut cases.

In addition, as my research has shown, state and federal governments already have a lot of information about individuals receiving public assistance, such as the earned income tax credit. Auditors don’t have to spend their limited resources getting information out of EITC recipients.

While auditing the poor may be easier than targeting the rich, auditing wealthier individuals is likely to do much more to close the tax gap – the difference between what is owed to Uncle Sam and what is actually collected – which the IRS most recently estimated at about $381 billion. Because most misreported income comes from cases where the taxpayer alone controls the information about the income, the IRS might collect more underpayments if it had more resources for auditing the rich.

Letting the big fish go

Taxpayer privacy protections make it impossible to know exactly why Trump is being audited. But the difficulty of sorting out these gray areas of law while Trump holds most of the relevant information almost certainly has contributed to the length of the audit.

If nothing else, the reporting on Trump’s taxes highlights that taxpayers like him are the biggest fish but the hardest to catch, particularly when you have a cheap rod. IRS audits have instead focused on smaller fish downstream.

Hayes Holderness, Assistant Professor of Law, University of Richmond

This article is republished from The Conversation under a Creative Commons license.

“Utopia” shows the disheartening problems of pandemic TV

There are TV series that speak to their times, those that are products of their times, and shows that become casualties of them. Amazon’s violent, cluttered “Utopia” is an exemplar of all these concepts at once and almost entirely by accident.

This is a series that’s been in the works since 2018 and initially had David Fincher attached before being passed to “Sharp Objects” and “Gone Girl” writer Gillian Flynn, adapted from a 2013 British thriller that only lasted a season. Take note of those dates, because they’re relevant here. In 2018 the very thought that a pandemic would unravel life as we know it was enough removed from our reality to nestle it in the background of puzzle-driven action drama revolving around a graphic novel with a cult fanbase.

Five years prior to that, when the U.K. original came out, the world was only a few years removed from the 2009 H1N1 pandemic, a novel influenza virus that ripped across the globe, causing nearly 12,500 deaths in the United States alone. But that was a flu; infection rates subsided, and we moved on.

What we could not let go, however, was our fascination with stories containing mysteries and meanings begging to be detangled, a mass infection triggered by the end of “Lost” . . . and we still haven’t stumbled upon that cure.

Now our most pressing concerns are related to, yes, a global pandemic that the current president of the United States has failed to curb or attempted to battle with any strategy whatsoever. Conspiracy theorists have infiltrated our government on the federal and local levels, and the world is praying for a vaccine while fearing that anything rushed to market is bound to either be ineffective or laced with potentially dangerous side effects.

That’s also “Utopia,” more or less, save for a heroine, Jessica Hyde (Sasha Lane), whose life parallels the action in a comic book with a cult following – one that may be laden with clues warning that a deadly manmade pandemic is in the offing. Well, that and recurring appearances by a villain wearing the rabbit’s head and a hitmen who indulge in a whole lot of torture and violence.

“Utopia” has polarized critics and many viewers, particularly those who have seen the British original and aren’t enamored of Amazon Studios’ upgrades. But it is particularly telling that many of the critiques mention the problem of evoking our current moment too closely and nowhere nearly as imaginatively as the moment demands.

The accidental relevance of this series wouldn’t be its sole flaw in a timeline where COVID-19 never happened. “Utopia” suffers from stumbles that are all too typical among ambitious creators, primarily the urge to showcase Lane’s formidable heroine and a knotty conspiracy with apocalyptic implications at the expense of story and character development.  

Diving into the specifics of “Utopia” beyond the barest of descriptions would spoil the twists in its eight episodes, so I’ll skip to the diagnosis: this is initially buoyed by fine performances from Ashleigh LaThrop, Dan Byrd, Jessica Rothe, and the always compelling Desmin Borges as comic book fan foursome Becky, Ian, Samantha and Wilson Wilson, respectively. Unfortunately they and Rainn Wilson’s disillusioned virology Dr. Michael Stearns are soon overpowered by Case’s gruff takeover of their lives, and the casual escalation of a body count.

Maybe these traits would be perceived as lesser sins in times past. This being 2020, a year of exhaustion, anxiety and despair, asking the average viewer to get excited about “Utopia” may be equal in appeal to, say, sitting down with someone who has narrowly escaped the California wildfires and offering to soothe them with a “Chicago Fire” marathon, or a screening of “Backdraft.”

We are still figuring out how to navigate this existence, mentally and physically, and television plays a more central role in that process than ever before. It is our information source and our escape, and will increasingly be so as the weather grows colder and the political noise surrounding the election grows more piercing and dangerous.

However as I was watching the finale of “Utopia” a line of dialogue spoken by John Cusack’s character Dr. Kevin Christie stuck with me: “People are driven by the need to know what happens next.” Mired as we are in such a precarious era, it struck me that the downfall of series such as “Utopia” or even shows revolving around prosaic premises such as Netflix’s upcoming “Social Distance” or NBC’s “Connecting” is their inability to transport us to places beyond the hell we’re in.

“Social Distance” is an eight-part anthology series tracing the chronology of this novel coronavirus from the onset of quarantine to the eruption of protests stemming from the murder of George Floyd. “Connecting” is a network comedy featuring an ensemble cast, and what these shows have in common – with, for that matter, Freeform’s “Love in the Time of Corona” and HBO’s “Coastal Elites” is that they’re all products of our lockdown culture.

Each is filmed using distanced cameras, creating scenes from security footage, computers and mobile devices, or approximations thereof, and basically transforming the audience into webcam spies. The thing is, these are series inviting us to watch conversations between actors conversing directly to us or to each other using web conferencing screens, as if the people watching them haven’t been on those screens nearly every waking moment of their days.

“Utopia,” meanwhile, is a fiction that imagines a dark, dystopic fantasy of our reality, which is already a dark dystopia, and attempts to resurrect the sort of cryptographic mystery that defined “Lost” in our memory. But if that were all that drama had going for it, the story never would have gotten its hooks into us. Instead its appeal is very simple and the missing ingredient in the “Utopia” formula, which is that we embraced it for the relationships.

This is where “Utopia” fails and, although those other shows are quite different, this is where they come up short as well. I understand, of course, that the very point of “Connecting,” “Social Distance” and “Love in the Time of Corona” is to illustrate the difficulty of forging new connections and maintaining the strength of old ones at a time when we’re supposed to limit the time we spend outside of our own houses and stay at least six feet apart from people we use to reflexively hug on sight.

And this brings me back to Dr. Christie’s question: What would we get, as viewers and humans hungry for an uplift, if creatives stopped looking back or trying to commiserate with the audience and dared to leap ahead a few years and create a destination that isn’t dark, disturbing and violent, or too much like looking like the walls of our own coop?

What if someone created a comedy or a drama based on aspiration and hope as opposed to yet another procedural or ensemble piece featuring characters yelling at one another through windows, actual or virtual?

What if, despite the fathoms-deep social divisions wrecking our conscious hours, some enterprising writer and studio can collaborate on a vision that isn’t an adaptation of our flawed present or some property that’s already been explored. That turns out not to be a place to escape, but a destination at which we can dream of arriving?

Sure, it’s an ideal. But it’s exactly the type of show I’d happily tune in.

“Utopia” is currently streaming on Amazon. “Social Distance” premieres on Thursday, Oct.15 on Netflix. “Connecting” airs Thursdays at 8 p.m. NBC, moving to 8:30pm on Oct. 29.

The Veeps played better than their bosses, but that’s not saying much

OK, it was a lot better than last week, except for the fly stuck on a soporific Mike Pence’s head.

Vice President Pence deflected, and Sen. Kamala Harris parried over coronavirus and a wide array of other hot political issues. But at least they were able to talk at one another. Sorta, if you skip the label-throwing—the political knifing was a little quieter—and a bit too much condescension for my taste.

Harris was sharper, of course, because she is vastly more skilled and because Pence had the purposely unmasked man Trump to defend.

Just in case you just landed from another planet and were wondering, there are deep divides in this election about just what it means to be an American in a time of severe simultaneous problems.

Following Pence-Harris was as if watching a ping-pong match on common safety. It was about coronavirus, mask-wearing and whether the country has acted enough on testing when Donald Trump can be infected. It touched on whether you are safe if you are white with a job that will continue even with coronavirus lurking nearby. It explored just what it means to figure out when the state wants to run over your individual rights – depending on whether you’re allowing people to go without masks to spread disease; or, deciding you want a partner of the same sex.

On the other hand, maybe this is what we need to get used to since given the ages of their Number One partners,  both likely will be back in four years to give us more of the same.

Maybe it typifies everything currently at play in these elections by understanding that the biggest issue at the start of the night was the shape of the table – and skimpy plexiglass partitions placed between Pence and Harris that wouldn’t stop a deep breath.

Apparently, they could agree right away that they could have chairs and a moderator, but that last-minute haranguing about dividers was a sign of just how off-the-mark this debating arena has become. At least neither of them was testing positive for the virus.

Of course, the expectations for understandable, civil discourse about the nation’s future had been lowered considerably by the Donald Trump bullying show with opponent Joe Biden last week.

A quieter set of attacks

From the start, the pandemic held center stage, with Harris calmly but firmly attacking the Trump administration for unduly downplaying the illness, providing “the greatest failure of any American administration.,” Pence took up a faithful defense of the Trump approach as “the greatest national mobilization” since World War II, as if it has been a normal presidency.

And we were off – the biggest difference was in what Americans want to believe.

Pence slipped the first shiv into Biden for “plagiarizing” from the Trump plan,  and later worked in “radical” and other would-be pejoratives, before going on to paper over shortcomings in policy with a self-aggrandizing explanation. Harris wasted no time in telling Pence that they had lied repeatedly or withheld truth or an aggressive plan. It is playing politics, he said, to undermine the possibility of a vaccine, when what she said was that she wouldn’t trust a vaccine pushed by Trump over scientists.

Harris’s strongest moments may have been speaking about race, policing, the Breonna Taylor shooting and attitudes toward criminal justice. Pence backed the system and proceeded to turn the conversation to defending the country against charges of systemic racism and blind loyalty to law enforcement. It gave Harris the chance to re-frame Trump’s refusal repeatedly to denounce white supremacy.

Harris did the requisite job of selling herself and background, using personal touches. Pence clearly thought he didn’t need to do so.

What developed was a rhythm of Harris slaps at Trump and a Pence defense of imagined wonders brought about by the Trump administration. Fact-checkers were having a field day with Pence’s exaggerations – about taxes, about climate, about the environment, fracking, trade– and always about jobs. Harris was far more effective about health care under Trump with her “They’re coming for you” litany.

It was easy for these two to parry differences about the Supreme Court nomination, about abortion policy, about international policy. Pence almost didn’t need to remind all that he and Trump think the media is fake.

It was Harris who had to scold Pence for interrupting—a few times, if not as often as Trump himself, but one that will take on greater significance for interrupting a woman when women’s votes are at risk. And there was the usual amount of facial mugging while the other spoke, you know, political theater. Neither one really answered if they had discussed the consequences of working for the nation’s oldest president. Each found a question or two to duck.

Significantly, neither would signal what will happen when Trump refuses to leave office upon an election loss that he may try to trigger in the courts.

Veeps played better than their bosses

At the end of the day, of course, no one is voting for president based on who will be Number Two.

Pence has made himself so invisible as a straight amplifier for Trump that few know what he stands for by himself other than devoting to Mother, loyalty to evangelicals and a general tendency to not notice that there are people of color in the room. He has been a governor and should know better than he acts.

Harris is more well-known for who she is symbolically than who she is politically. She is the perfect mash-up for Biden’s partner, generally progressive in outlook, but not particularly religiously so.  Harris has been a prosecutor and California attorney general and always has been able to see multiple facets of the issue before her.

In any case, the two were in place as stand-ins for the presidential partners, a “sideshow,” as Politico had predicted from the more chaotic brawl going on upstairs or in Miami next week, if they resume their virused toe-to-toe.

Like Trump, I was on monoclonal antibody drugs. This is what they do to you

After Donald Trump was hospitalized last week following a positive test for COVID-19, he emerged from Walter Reed with all the “Scarface” energy of one of his sons, declaring that, after “some really great drugs” he felt better than he did twenty years ago. Those drugs include Regeneron’s REGN-COV2, a monoclonal antibody cocktail that is not approved by the FDA but was administered through a process known as compassionate use. (Regeneron’s CEO, Dr. Leonard S. Schleifer, is also a friend of the Trump family.) Mainstream and social media quickly lit up over Trump’s revelations, especially when he declared that the treatment “wasn’t just therapeutic, it made me better. I call that a cure.”

But is it?

If you’ve ever seen television ads for drugs with names like Opdivo (nivolumab) or Keytruda (pembrolizumab), you may notice a common denominator in their nomenclature. That “mab” — usually written as “mAb” — at the end is short for “monoclonal antibodies,” antibodies engineered in a lab.

Nine years ago, when I was diagnosed with metastatic melanoma, I got a front row education in how they work when I became one of the first patients in the world in a groundbreaking immunotherapy clinical trial. While I did not have the same condition or treatment that Trump did, I did receive a cocktail of two mAbs and I do feel confident saying that the experience did not give me super strength nor make me feel twenty years younger. In fact, it seems to have been at the root of a thyroid dysfunction that actually aged me! But hey, I’m not a self-proclaimed “perfect physical specimen,” like an obese 74 year-old man who is renowned for not eating vegetables would be.

Trump can cavalierly — and surprise, inaccurately — describe his treatments as “miracles coming down from God,” but understanding and engineering the human immune system has been the complicated work of decades of research, failed experiments and heartbreak.

You have no doubt heard more about antibodies in the past few months than you have since that long ago high school science class you barely passed. The simplest way to understand them is they’re proteins that help the body fight invaders and, significantly, remember them to keep them at bay. When you feel flu-like systems after getting a flu shot, that’s the antibodies you’ve developed doing their thing in there. This is why we get vaccinations, and also why I have only had chicken pox once. When the immune system has confronted certain kinds of threats in the past, it can, like an efficient bouncer, fend them off in the future in most cases.

But antibodies can’t fight everything; if they did we’d never get sick. They also aren’t an ironclad guarantee of immunity — some people do get chicken pox twice, and plenty more get shingles when the dormant virus wakes up many years later. Trump may boast that “Maybe I’m immune” now to future infection, but there are confirmed cases of patients getting COVID-19 more than once, and the duration of immunity for everyone who’s experienced it is still unknown but may not be longer than a year.

And antibodies aren’t always the good guys; when they go rogue they can cause a world of harm. Autoimmune disorders like lupus, multiple sclerosis, and rheumatoid arthritis all stem from overactive immune system. Similarly, organ transplant patients are often given immunosuppressants to prevent the body from rejecting the new organ as an invader.

Getting the immune system to effectively go after the right targets in the right way has been a long-standing scientific challenge. That’s where these laboratory created antibodies come in. In early oncology research, the thinking was that antibodies could be developed in animals and transferred humans. By the late eighties the process was being refined to create human antibodies in genetically modified rodents, so the risk of rejection would be lessened. As pioneering scientist Nils Lonberg once explained to me, “You don’t really want to put a mouse antibody into patients. You want to put a human antibody into patients.”

When they work, MaBs can work quickly and durably, because the immune system learns and remembers. But they don’t work all the time or for everybody, nor are they casually dispensed. My mAb combo is considered a rousing success; the 5 year survival rate is about 52%. And these therapies can produce vicious side effects as the immune system revs up. I was fortunate in my experience; my rashes, dizziness and fatigue were tolerable, but I had an adverse event where my temperature shot up and I felt like hell for a day. Other people on cancer immunotherapy develop colitis so severe it’s debilitating. I’ve been on panels with doctors who’ve presented photos of what immunotherapy can do to the human colon, and the phrase “hellmouth” comes to mind.

So far, the side effects for the Regeneron treatment appear to be well tolerated in COVID-19 patients. Late last month, the company reported that with “more than 2,000 people enrolled across the overall REGN-COV2 development program, no unexpected safety findings have been reported.” Speaking with MSNBC recently about Trump’s recent hospital regimen, company co-founder Dr. George Yancopoulos’ said that the cocktail “mimics the normal immune system,” and said, “theoretically there should not be any additional interactions with any… other medications with our very natural antibody cocktail than you would normally have with your own antibodies.” But the pool of patients is still very small.

We all want a vaccine and we all want a cure. We want to send our kids to school and hug our old friends and go to the movies and, most of all, for people to stop getting sick and dying. The way forward is through smart science and practical, equitable distribution, not empty promises of “miracles.” The monoclonal antibody cocktail that saved my life currently has a six figure price tag. As Vox put it two years ago, “The average cost of cancer drugs today is four times the median household income.” (Because I was in a clinical trial, the pharmaceutical company paid the costs related to my treatment.) Who’s going to pick up the check when and if these types of therapies are available for COVID-19? There have been 7.6 million cases in the US already and that number is currently on an uptick — who will receive treatments that are approved, and how will hospitals handle the influx? What happens to patients who don’t golf with the president of the United States?

Monoclonal antibody treatments have saved countless lives over the last several years. Harnessing the human immune system to fight disease and infection is among the most promising scientific breakthroughs of any of our lifetimes. But right now, there is no cure for COVID-19. There is only recovery, hope and a lot more research to be done.

Shockingly, Trump isn’t the first to propose nuking hurricanes

During the surprise 10-minute discussion about climate change near the end of Tuesday night’s “debate,” Biden emphasized the toll that the overheating planet has taken on Americans — from flooding to super-charged hurricanes — and pointed out one of Trump’s plans to handle extreme weather was to nuke it.

Trump denied this claim, but reports show that the president has floated the idea during meetings, arguing that a detonation might disrupt storms before they hit the United States. “You could hear a gnat fart in that meeting,” one source reportedly told Axios of a White House briefing. “People were astonished.”

Turns out that Trump wasn’t the first to come up with a hurricane-busting “plan.” There’s a long history of the U.S. government brainstorming ideas to tame monster storms, starting in the late 1940s. Over the years, people have suggested plenty of other half-baked ways to kill hurricanes, such as flying planes in a clockwise circle around a storm to try to “unwind” it, dragging Arctic icebergs in the Atlantic to cool down the warm waters that feed hurricanes, and shooting lasers at them, because why not?

No surprise that none of them have worked (not that anybody has actually tried nukes yet, thank goodness). But people have succeeded in modifying hurricanes, just not in the way they were trying to. Climate change, driven by greenhouse gas emissions, is the only real way humans have influenced hurricanes, and it’s only served to make them wilder.

Our overheating planet has modified Atlantic storms in a few keys ways, causing them to intensify more rapidlyhold more moisture, and move more slowly. That gives hurricanes more time to drench coastal cities, like Houston during Hurricane Harvey — a storm that was made six times more likely by climate change.

It’s the opposite of what people have been trying to do for the past 60 years. The idea of weakening a hurricane with nukes was originally floated in 1961 by Francis W. Riechelderfer, the head of the U.S. Weather Bureau at the time. The National Oceanic and Atmospheric Administration devotes a whole section of its site to debunking the notion. Essentially, hurricanes are way too powerful to be blown apart by nuclear weapons — and the radioactive fallout would be devastating.

Trying to control the weather is nothing new: People once performed rainmaking dances and offered sacrifices in the hopes that the gods would end droughts. Modern technology brought new methods.

In 1947, the government sent a B-17 bomber to a hurricane, 400 miles from Florida, as Eric Jay Dolin writes in “A Furious Sky: The Five-Hundred-Year History of America’s Hurricanes.” Project Cirrus, as the effort was called, aimed to discover whether adding dry ice to clouds would produce precipitation, an idea called “cloud-seeding.” The pilots dropped 180 pounds of dry ice and waited to see what happened. The hurricane ended up hitting Georgia and causing millions of dollars in damage.

The public was not pleased, and Project Cirrus was soon shut down. But the idea of cloud-seeding was reborn in 1962 as Project Stormfury, which aimed to weaken hurricanes with silver iodide, ultra-tiny particles of silver that, if put into rain-ready clouds, may slightly increase precipitation or force rain to fall early. The project failed — but it did provide meteorologists with new research and tools to understand the behavior of Atlantic storms, Dolin writes, like hurricane-hunting planes.

But the most popular idea has been to nuke ’em. Humans don’t exactly have a great track record with changing the weather — or nuclear weapons, for that matter. Combining the two seems like a recipe for disaster.

Democratic voters beware: “Vote by mail” in U.S. battleground states is a trap

To safeguard the presidential election, and to be sure one’s vote is counted, it is best to put one’s mask on and vote early in key battleground states.

Joe Biden and the Democrats may well walk into a trap in the key battleground states that will decide the upcoming presidential race, as well as key U.S. Senate races. That trap is called “vote by mail/absentee voting.”

In normal times, I am a proponent of having a vote by mail option. But these are not normal times. For the November 3rd election, it makes much more sense to promote “early voting” in battleground states rather than vote by mail. 

The reason is simple: If you want to be sure that your vote will count, voters in competitive races should NOT mail in their ballots. 

Instead, they need to show up in person to vote, either before or on Election Day. Despite the dangers of the pandemic, voters need to do the heroic act of standing in line with their masks on, as we do when we stand in line at the grocery store.

Troublesome record

The fact is, even if there was no whiff of electoral fraud in the air, vote by mail typically leads to a loss of millions of ballots due to frequent errors on the part of the voters, election administrators and the U.S. postal service. 

As a rule of thumb, Democratic voters, especially minority voters and young people, are disproportionately hurt. The data is overwhelmingly clear on this, yet Democrats are ignoring it at their peril.

Even in New York

In the recent New York primary elections, tens of thousands of mailed ballots were never counted due to bureaucratic mistakes.

Some ballots were postmarked after the election or never postmarked at all by the U.S. postal service, making them invalid under state law.

Others were disqualified because voters didn’t sign on an easy-to-miss signature line on the back of the ballot envelope. 

Another 32,000 absentee ballots were mailed to voters so late that they couldn’t return them in time to be counted. Just in New York City’s Democratic presidential primary, over 400,000 mail-in ballots were received but election officials invalidated more than 84,000 — over a fifth of those ballots.

Votes rejected across the U.S.

Across the country, in 24 primary elections this year, more than 500,000 mail-in ballots were rejected. In Pennsylvania alone, mail ballot problems prevented 92,000 people from casting a valid vote (Donald Trump won Pennsylvania in 2016 by just 44,000 votes). 

A MIT study of the 2008 presidential election uncovered that nearly 4 million voters said they requested mail ballots but never received them. 

Another 2.9 million ballots that were sent out did not make it back to election officials, and about 800,000 were rejected due to voter, election official or postal service errors.

Benefits of in-person voting

Voters in many polling stations benefit from technology like “error notification,” which alerts the voter if she has made a disqualifying mistake on her ballot. 

But you don’t have that with absentee voting. “The pipeline that moves mail ballots between voters and election officials is very leaky,” the study concluded.

How Democrats hurt themselves

With voting by mail surging for the November 3rd election, the number of rejected mail-in ballots has been estimated to easily surpass one million. And those will overwhelmingly be voters for Joe Biden and Democratic Senate candidates. 

Far more Biden voters are planning to vote by mail than Trump voters. One recent study found that nearly a majority of Democrats said they intend to vote by mail, compared to just 28% of Republican and independent voters.

A study of Florida’s 2018 election determined that mail-in ballots “cast by Black, Hispanic, and other racial and ethnic minorities were more than twice as likely to be rejected as … ballots cast by White absentee mail voters.”

That means hundreds of thousands of more Democratic votes will be thrown out than Republican votes. There is no denying that the possibility of widespread disenfranchisement from mail-in ballots is real. Yet the Democrats have been ignoring this and promoting vote by mail. That is a big mistake.

To be clear, most elections in the United States are won by large margins, such as those in heavily Democratic or Republican states or districts. In those states, voting failures will not overturn those election results. 

But in the battleground states, such as Pennsylvania, Wisconsin, Michigan, North Carolina or Florida, this could well be the deciding factor in a close presidential or Senate election. 

Republicans’ obstruction moves

Add the potential for partisan interference by the U.S. Postal Service, since President Donald Trump’s recently appointed postmaster general is a big GOP campaign donor. Or, consider partisan Secretaries of State overseeing the elections.

Either way, the disturbing picture of millions of mailed-in ballots potentially never being counted, and hundreds of thousands of Democratic voters being disenfranchised, is a real possibility.

This article is republished from The Globalist: On a daily basis, we rethink globalization and how the world really hangs together.  Thought-provoking cross-country comparisons and insights from contributors from all continents. Exploring what unites and what divides us in politics and culture. Follow us on Facebook and Twitter.  And sign up for our highlights email here.

What should the U.S. learn from South Korea’s COVID-19 success?

In February, as South Korea watched the numbers of a novel coronavirus surge, Seo Hyun-ho grew worried about the health of his wife and two young children. But Seo, like other residents of Seoul, felt secure in knowing that most Covid-19 cases were concentrated in the southeastern part of the country, approximately 150 miles away, in Daegu.

For Seo, that assurance ended on Feb. 28 with an unexpected text message: A coworker at his Gangnam office had tested positive, it said. The ensuing string of calls and texts informed him that, since he’d been in the same elevator at the same time as the confirmed patient, he should get tested immediately and quarantine for two weeks. Seeing it as his civic duty, he didn’t think twice about cooperating.

The Korea Disease Control and Prevention Agency (KDCA) knew Seo and the patient had shared an elevator, and that both had been wearing face masks at the time, because of the nation’s elaborate contact tracing infrastructure. The system pulls data from credit card transactions, cell phone locations, and, in Seo’s case, CCTV footage to reconstruct infection pathways and identify individuals whose routes overlap. This has since been automated, through a platform called the Epidemic Investigation Support System that completes the process in just a few minutes. In essence, the apparatus, which launched in March, does much of the legwork of contact tracing for health officials.

This swift response, according to COVID Translate Project co-director Ohk Seung-cheol, is an example of what makes South Korea’s approach to containing Covid-19 so effective — without having to resort to nationwide lockdowns. Despite a recent outbreak that has alarmed officials, people retain their freedom of movement, and authorities can mostly pinpoint sites of potential transmission, says Ohk, who leads an international team of volunteers translating the KDCA’s Covid-19 protocol so that other governments may learn from it.

“Because of this invasive contact tracing system, Korea has done such a good job of controlling coronavirus, compared to other countries,” echoes Seo. “I think officials could actually be even more invasive.”

The World Health Organization and American health officials have praised South Korea for its Covid-19 response. But when it comes to learning from it, many Americans seem less willing to adopt their ally’s practices.

Even as U.S. public health officials scramble to track infections, they have sometimes struggled to win basic cooperation from a public that prizes privacy, let alone implement the kind of widespread tracking seen in South Korea. The barriers to doing so are steep, highlighting stark differences not only between the two countries’ contact tracing infrastructures and public health systems, but also people’s civic trust and sense of public surveillance and social responsibility. Americans’ perceptions in giving up privacy for the public good have shifted before, particularly after the 9/11 attacks. But if the U.S. could overcome such hurdles and adopt South Korea’s containment strategy, would it even be desirable?

* * *

While many Americans would balk at South Korea’s big data surveillance system, a large majority of South Koreans support it. One poll from early March found that around 78 percent of respondents believe efforts to contain Covid-19 warrant the relaxation of human rights protections.

“Asian societies shifted in the direction of treating these technologies as contributing to a public good that is well worth the temporary and necessary incursions of privacy,” Victor Cha, senior adviser and Korea chair of the Center for Strategic and International Studies (CSIS), recently wrote in The Washington Quarterly, a policy journal.

In South Korea, this attitude has been informed by memories of another coronavirus — the Middle East Respiratory Syndrome — that propelled the country into panic in 2015. Caught off guard, South Korea recorded the highest number of cases outside of Saudi Arabia, with 38 deaths. (Meanwhile, the U.S. had only two reported cases.) Many South Koreans were outraged, not only by their government’s response but also by its initial refusal to release information, like the names of the hospitals treating patients.

The National Assembly quickly amended the Infectious Disease Control and Prevention Act (IDCPA) in 2015, to expressly permit health officials to collect personal information for contact tracing purposes, and then disseminate anonymized versions of it publicly — with or without consent.

As such, many people now expect the government to spring to action when there is a public health hazard. When Yi Soo Jeong, who works as a music festival manager, found out in May that she’d been within a few blocks of a major Covid-19 cluster in Itaewon, a popular entertainment district of Seoul, she was amazed the authorities had the ability to track her down. The same weekend that there was a superspreader event at a nightclub, Yi and her husband had gone to a nearby restaurant.

“I was waiting for the text message,” she says. “Actually, I felt relieved when I received it, because it meant that the government was really doing their job by checking everyone.”

In South Korea, when an infection is confirmed, the patient’s details are posted on the relevant district government office website, including their movement logs, any public transit they used, and any businesses they visited that involved close contact. This information is texted out to the public in an emergency alert so that individuals can cross-check their routes and essentially contact trace themselves. To streamline the process, many turn to third-party mobile apps that aggregate and plot infections on a map, and even send push notifications when users come within 330 feet of a location recently visited by an infected person.

These technologies serve as tools in carrying out “a social contract between the state and society,” wrote Cha, which obligates the people to cooperate with digital tagging, and obligates the authorities “to provide the best information possible as quickly as possible.” Such transparent exchange of data helps the public feel that they are in control of their own surroundings and security, and builds confidence that their government is also keeping them safe, according to Cha.

South Koreans felt so confident that in April, less than two months after the height of the outbreak, 29 million of them went to the polls to vote in the nation’s parliamentary election — the highest turnout in nearly 30 years. Not a single infection was traced back to voting.

In the eyes of many South Koreans, then, to sacrifice some privacy isn’t much of a sacrifice at all, when it means safeguarding other liberties. “The situation in other countries that had lockdown, where the government and police mandated you to stay at home,” Yi says, “also could be seen as a violation of an individual’s freedom.”

Internet advertisers, Yi points out, already use her personal information for targeted marketing. That concerns her more than data gathering by public health officials. “We are cooperating,” she says, “not letting the government steal our private information.” 

* * *

Across the globe, the story in the U.S. paints a different picture of people’s perceptions of surveillance and privacy.

In the wake of the Sept. 11 terrorist attacks, more surveillance started entering the lives of Americans. In the fall of 2001, President George W. Bush signed the USA Patriot Act into law, enabling the government to listen in on citizens’ phone calls, track and review emails at any time, and investigate the internet behavior of individuals suspected of terrorist activity. Although the law was controversial — and ended up disproportionately targeting Muslim communities — many Americans accepted it at a time of heightened national emergency as a sacrifice of privacy for the greater good.

Over time, this perception of giving up individual liberties and privacy for the public good waned, says James Lewis, senior vice president and director of the Technology Policy Program at the CSIS in Washington D.C. But, he says, “if you can make a convincing case to the public that the increased surveillance increases their safety and security, the majority of them will accept it.”

The type of surveillance depends on the situation. “If you say to people, ‘would you be like to be tracked everywhere you go?’ The majority will say no. If you say to them, ‘would you like to be screened when you enter a sporting event so you don’t need to show your ticket and we weed out any violent criminals,’ most people say yes,” he says.

Over the last two decades, digital technologies have expanded the ability of corporations and government agencies to collect data on individuals. During this time, Americans have grown more aware of how they’re being surveilled as well, says Lee Rainie, director of internet and technology research at the Pew Research Center. “There’s this rising sense that data are being collected both because they’ve agreed to it, and sometimes because they just have a sense that others are watching,” he says.

In 2019, Rainie’s group at Pew surveyed 4,272 American adults on their perceptions of privacy, concluding that Americans are “concerned, confused, and feeling [a] lack of control over their personal information.”

That set the stage for the Covid-19 pandemic. Suddenly, people were asked to surrender their private information for useful public health interventions like contact tracing. The result of the 2019 Pew survey “is the basic story we would be telling even in the midst of the pandemic,” Rainie says.

And, during the demonstrations that emerged across the U.S. in the wake of the deaths of George Floyd and other Black people at the hands of law enforcement, protestors became increasingly concerned about privacy, with police in some instances using aerial surveillance and facial recognition technology to track protestors. This increased policing made many activists, protestors, and civilians more sensitive about being surveilled by the government, Lewis says.

This lack of trust ultimately poses challenges for contact tracers. While South Korea’s big data approach to tracking taps into a centralized apparatus that streamlines the process for epidemiologists, contact tracing in the U.S. is mostly done manually, with a separate system run by each state’s health department.

In the U.S., health officials enter positive Covid-19 cases in a database. Case investigators and contact tracers then call up these individuals and ask who they have been in contact with. Most states define a “contact” as someone who was within an infected person’s 6-foot radius for at least 15 minutes. It’s up to the tracers to ask questions that jog a person’s memory of past contacts. Are they still going to work? Where is work? How do they get to work? Who have they hung out with recently? Then, the tracers call these contacts to check on their health and provide necessary recommendations.

Tracers often receive pushback, and even cooperative people may not remember their every move. In Maine, for example, contact tracers aim to reach 95 percent of a positive cases’ contacts. In reality, however, they’ve only been getting to around 80 percent. “Some contacts do not answer the phone,” says Robert Long, the communications director of the Maine Center for Disease Control and Prevention. Language barriers pose a challenge for contact tracers, he says, and people of some ethnicities who hail from countries with oppressive governance tend to be more skeptical of government surveillance. And tracers across the country also see the distrust of government and reluctance to share close contact information, stifling contact tracing efforts.

Recently, technology giants Apple and Google launched contact tracing apps to try to streamline contact tracing and several states, including Colorado and Virginia, have integrated the technology into official state Covid-19 tracing apps. The apps can tap into a phone’s Bluetooth signal to track and monitor whether the user is near someone who later tests positive. In such a case, they would receive an alert on their phone to get tested and self-quarantine. Although the apps would make contact tracers’ work easier and more effective, the public is split on whether or not they would download such apps onto their phones, according to a Kaiser Family Foundation poll this past April. Most states have relied on old fashioned phone calls rather than using the available apps. 

With regards to privacy, most Americans tend to be transactional, according to Pew’s research. In other words, if they give up their personal information, they’d want something for it in exchange — such as club cards at wholesale stores that allow shoppers to save money in return for allowing the store to track their purchases.

The stakes of the transaction and the trade-off are a bit higher in a health context, says Rainie. What further complicates the transaction is that most Americans don’t think their private information is safe in the hands of private companies or government agencies, and they feel like they can’t opt out of a system where their information is being used, explains Rainie.

Some restaurants and other businesses have found creative transactional ways to coax people into sharing information. In June, Drew Dellinger, a writer and poet from the San Francisco Bay area, visited the Highland Stillhouse, a Scottish pub near Portland, Oregon. When the check came, the server came over and explained to Dellinger and his family that the restaurant was holding a raffle. They could enter if they wrote down their phone number, the server explained, which would also be used for contact tracing if needed. The raffle “seemed like a smart and smooth way to get the contact tracing done,” Dellinger wrote in a Twitter message, adding that he would have shared his phone number even without the transaction. “If contact tracing is a good idea and a necessary thing,” he reasons, “then why not help the restaurant and public health officials make that possible?”

* * *

Both the U.S. and South Korea reported their first Covid-19 cases on Jan. 20. But South Korea acted almost immediately, activating its existing infectious disease control law, which had pre-enlisted the help of credit card companies, cell phone carriers, police, and the National Health Insurance Service. By early February, officials had also approved a Covid-19 testing kit, and they prioritized widespread testing and tracing.

Overall, South Korea, a country of roughly 52 million — about six times smaller than the U.S. population — has had more than 300 times fewer cases than the U.S. and, as of October 5, only 422 deaths. Despite several small flare-ups in recent months, and even a spike that, since Aug. 12, has linked more than 1,170 infections to a single church, most establishments remain open, and life is largely back to business as usual.

It is this very success — and the international media’s overwhelmingly positive coverage — that has helped validate South Korea’s strategy to its people, according to Kelly Kim, general counsel at the internet freedom group Open Net. She cautions, though, that such emergency measures should be eyed with greater scrutiny, especially when they lack clearly defined boundaries.

On July 30, Open Net and four other South Korean civil society organizations filed a lawsuit challenging the constitutionality of the IDCPA, the legal basis of the country’s contact tracing system, which they say infringes on citizens’ privacy. “The law allows the government to collect and disclose personal information without warrant and without courts’ review,” Kim says. “It’s not just a bad precedent for Korea or Korean people, but it’s also a bad precedent for the world.”

In the constitutional complaint, petitioners contend that location data collection after the Itaewon outbreak was excessively broad. While the first Covid-19 transmissions of that outbreak took place on May 2, health authorities used cell phone location data to trace more than 10,000 people who had been in the vicinity between April 24 and May 6. By treating all 10,000 of those visitors as infectious disease risks, the complaint says, it violated their human rights.

More recently, authorities accessed the cell phone data of more than 15,000 people who had been in the area of an anti-government protest, after it was determined that the leader of the controversial church at the center of the August outbreak was among them and ended up testing positive. Open Net denounced that data collection as “unconstitutional,” too.

The Itaewon outbreak was particularly sensitive because it was linked to gay clubs, sparking fears that publicizing personal details would result in a mass outing of a population that, in a largely homophobic country, is especially vulnerable. Similar concerns had been echoed by the National Human Rights Commission of Korea (NHRCK) in early March, when it advised against disseminating unnecessary data that could lead to the public identification of patients.

While the NHRCK’s recommendation did prompt the KDCA to revise its guidelines to limit disclosure, much of the mainstream public appears to be unconcerned about collection.

Earlier this summer, when the government rolled out a QR-code based system to track entries into venues deemed to be high risk, like nightclubs and churches, it was generally accepted. According to one poll, that system — which collects patrons’ names and phone numbers, and records the time of their visit — was supported by 70 percent of those surveyed.

Critics like OpenNet believe health authorities need to address privacy questions beyond simple data collection and disclosure. They say the government must also ensure the Epidemic Investigation Support System is secure from hacking, that civil servants are not leaking information to the press or public, and that personal details are deleted within a reasonable period of time.

* * *

Lewis, of CSIS, says that Americans are reluctant to trade privacy for public health benefits because the U.S. lacks the collective action mindset of countries like South Korea, in which people prioritize meeting their own personal obligations to maintain the well-being of a larger group. “If you have a culture where people have a stronger sense of community, good policy and leadership will resonate better there,” he says.

The U.S. has experienced both bad policy and a weak sense of community, Lewis argues. “When you have a very individualistic culture with weak leadership — and that’s true for Trump, it’s true for [New York Gov. Andrew] Cuomo — individualist culture with weak leadership is not the best way to go into a crisis.” A clear directive from the White House in the early days of the pandemic would not only have reduced the number of fatalities, he says, but also built the credibility to impose greater surveillance. Now, he thinks it’s too late to adopt any semblance of a tracing method like South Korea’s. “Privacy doesn’t exist in a vacuum,” he says, “but in a great political and social context.” When people distrust the government, he says, they “are going to be more reluctant to share.”

That individualist mindset could turn towards collectivism, argues Mikey Biddlestone, a social psychologist at the University of Kent in the U.K. For instance, financial incentives in more individualistic countries may prompt people to act in the greater interest. “If you give someone a selfish reason to do something,” he says, “that might be the best route for at least the U.S. and U.K. at the moment.”

But experts like Cha add that it would be misguided to attribute South Korea’s success to cultural differences alone, noting that orientalist stereotypes often underlie assumptions that South Koreans are inherently Confucian in spirit or submissive to authority. In South Korea, legal penalties are involved — up to 3 million won (around $2,500) for refusing testing, and 10 million won or up to one year in prison for breaking quarantine, which is monitored by an app. On Aug. 1, the leader of the secretive Christian sect Shincheonji, the nexus of the nation’s earliest and largest Covid-19 cluster, was arrested for not cooperating with authorities. South Koreans are also motivated by the fear of public backlash: One survey found that many people were more scared of the stigma of Covid-19 than of Covid-19 itself.

While South Koreans may tend to put the public interest above individual rights, and some Americans might feel compelled to do the opposite, Kim says societies must be thoughtful about balancing the two. And, as she points out, the unique dynamics of a pandemic — in which public health affects personal health, and vice versa — can scramble neat distinctions between collectivist goals and individualistic priorities.

“This is an unprecedented situation,” she said. “You might die. So if you die, your privacy doesn’t matter anymore. In that way, it’s really hard to balance and weigh against each other — your life and your privacy.”

* * *

Wudan Yan is an independent journalist based in Seattle. Ann Babe is a Korean-American journalist based in Seoul.

This article was originally published on Undark. Read the original article.

“Pack” the Supreme Court? Absolutely 100% yes — it’s the only way to save democracy

With the death of Ruth Bader Ginsburg and the nomination of a polar opposite replacement, only one response that makes any sense: Expand the Supreme Court. The only real question is by how much. There are other responses that can do some good — perhaps even more good. But without court expansion, the existing court can, and almost certainly will, strike them down. 

Yes, some call it an extreme step. But there’s a more extreme step: Simply ignore the court’s decisions — as some Republicans argued in the 1850s, in response to the Dred Scott decision. More to the point, this is an extreme situation that demands extreme responses. As Boston College law professor Kent Greenfield tweeted on Sept. 21:

Some #SCOTUS facts:

  • 15 of the last 19 appointments were made by GOP Presidents. (16/20 if #Trump gets another.)
  • The last year a majority of the justices were Dem appointees: 1969. Meanwhile, the GOP won the popular vote in the presidential election once in 30 years (2004).

It’s also been more than 20 years since Republicans represented a majority of voters in the Senate, making the condition of minority rule even more extreme. It’s also self-reinforcing: As Greg Sargent notes, a 6-3 conservative majority could strike down a new version of HR 1, the pro-democracy reforms that House Democrats passed in 2019, including wildly popular nonpartisan redistricting commissions. 

The same fate awaits virtually everything else Democrats have campaigned on, as The Nation’s justice correspondent, Elie Mystal, argued last February in an article bluntly titled, “If We Don’t Reform the Supreme Court, Nothing Else Will Matter“: 

Not a single significant policy or initiative proposed by the candidates for the Democratic presidential nomination is likely to survive a Supreme Court review. Nothing on guns, nothing on climate, nothing on health care — nothing survives the conservative majority on today’s court.

And that was seven months before Ginsburg’s death. Now, as election law maven Richard L. Hasen puts it, “Trump’s New Supreme Court Is Coming for the Next Dozen Elections.” This threat to our democracy comes at a time when others around the world are increasingly turning to citizens’ assemblies as a way to expand democracy beyond elite-defined partisan bounds, as I discussed last December. At least one new book lays out a plan for introducing direct democracy at the national level, starting with advisory referenda. 

This wildly anti-democratic situation — although temporarily normalized by our myopic, dysfunctional elites — actually violates deeply entrenched bipartisan norms, as underscored by University of Washington political scientist Scott Lemieux:

American political elites have generally supported the strong form of judicial review that emerged in the late 19th century because the Supreme Court generally tracked with the constitutional views of the dominant political coalition. A Supreme Court representing an entrenched, unpopular minority faction that refuses to allow the popular majorities from the other party to effectively govern would be neither democratically legitimate nor politically stable.

What’s more, Lemieux notes, previous violations of this norm “all led to constitutional crises that ended only when the court itself backed down,” including Franklin D. Roosevelt’s oft-misremembered confrontation, which put an end to the court striking down New Deal legislation, most notably the Social Security Act. Nor is there any “normal” way out through political victory, Lemieux warns: A 6-3 conservative majority “would be essentially impossible for Democrats to displace through ordinary means, irrespective of the results of future elections.”

So what might seem in isolation like an extreme or unwarranted norm-breaking move by Democrats is actually the exact opposite: an act of restoration to the guiding shared norms that have predominated across better than two centuries. Continued violation of these shared norms will only intensify the erosion of trust that brought us Donald Trump in the first place, and which he has greatly intensified with the enthusiastic cooperation of Senate Republicans led by Mitch McConnell.

So expanding the Supreme Court is the only option. As I said earlier, the real question is by how much. 

How many seats?

Adding six new seats to the court would compensate for McConnell’s double theft, with a two-seat penalty for deterrence. It would reflect the reality that norms are not self-enforcing. As Henry Farrell explains at Crooked Timber, “norms don’t just rely on the willingness of the relevant actors to adhere to them. They also rely on the willingness of actors to violate them under the right circumstances. If one side violates, then the other side has to be prepared to punish.”

Indeed, the more nakedly one side pursues power as an end in itself, the more necessary it becomes to punish them, since they’ve proven themselves immune to anything else. Trump’s lawlessness is Exhibit A in this regard, but it was his commitment to the GOP’s judicial agenda that allowed him to win in the first place, and that has bound the party and its followers to him even now, in the midst of an horrific plague he’s done far more to spread than to stop.

Adding just three seats would be a gift, creating a balanced 6-6 court that would necessarily rule more narrowly and less contentiously. Law professor Eric Segall, author of Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices are Not Judges,” made precisely this argument about the 4-4 court in 2016.

After the death of Justice Antonin Scalia that year, amid widespread expectation that Hillary Clinton would be elected president, Segall told me in an interview, he believed “this was a moment in time that we can get left and right at the table and constructively weaken the Supreme Court for both sides.

“If you give me 10 minutes with every member of Congress I could convince them,” Segall said, “because they get more powerful as the court gets weaker, by definition.” By the way, the court originally had an even number of justices — six. Nothing about the current arrangement is enshrined in the Constitution. 

Then there’s going big: Adding 10 seats could open to the door to a whole different world, with a structure similar to the federal circuit courts, as Elie Mystal argued in the Nation article mentioned above. Most cases would be heard by a three-judge panel, chosen at random. It would take a majority vote of such a panel for the full court to consider a case. This would also tend to reduce the court’s power, and produce narrower, more moderate decisions that intrude less on democratic decision making, Mystal contended.

He also linked to a proposal from the group Fix the Court for a system of fixed 18-year terms staggered to ensure an even distribution of presidential appointments. After 18 years, judges would shift to senior status, a well-established circuit court practice. Some claim this would violate the Constitution. But it seems clear that the court itself could rule otherwise, and there are good reasons to think that it should. That idea has gained increasingly broad ideological support, but as Mystal acknowledges, the existing court would likely strike it down.

Again, that’s why old-fashioned, blunt-force court-packing is the most viable option — at least initially. Pack it big enough — with 10 new justices, as Mystal suggests — and you could wind up with a new court that would then OK a term-limit system. 

But whatever the number and however it’s conceived, court expansion is an absolute necessity, as Mystal’s prognosis makes clear. As he argued more recently: “Name me an inventive, nonpartisan solution to the current dilemma faced by Democrats, and I will show you a constitutional defect the conservative Supreme Court will use against it. The only exception is court expansion.”

This doesn’t mean other ideas shouldn’t be considered — I think they should. But it’s futile to pursue them without court expansion leading the way. 

Imbalances and obstacles

There are two further imbalances we have to fight. First comes the decades’ worth of asymmetrical “constitutional hardball” and even anti-democratic “constitutional beanball,” which I’ve written about here before. As the above-cited Scott Lemieux recently noted, this began in the Nixon administration and has given Republicans a twofold benefit: “The court has been generally and increasingly conservative, and yet Republicans have both placed a higher priority on it and have had negative attitudes towards it.”

At bottom, conservatives are driven by a “restoration fantasy” of a world that never existed, and the Supreme Court is their way of getting there. Some sign onto a 19th-century fantasy of utterly unregulated capitalism, some to a Christian nationalist fantasy of America as a biblical nation — or, more radically, to a Christian Reconstructionist fantasy chillingly similar to “The Handmaid’s Tale.” In the legal arena there are the dual fantasies of “textualism” and “originalism,” which is now incoherently collapsing into a bewildering array of forms — “Originalism is a ‘They’ not an ‘It,'” as Segall describes

What unites all these contradictory worldviews is a rejection of science, progress, facts and America’s increasingly diverse, actually existing majority. The Supreme Court is all they have left. Without it, all is lost in their paranoid worldview.  Liberals have never taken such a desperate, extremist view — at least not since the 1850s, when there were good, credible reasons to do so. 

The second imbalance is that while Democratic voters have finally woken up — Lemieux points to midterm polling, along with the mountains of cash raised in the wake of Ginsburg’s death — Democratic elites have not. Senate Minority Leader Chuck Schumer and others have repeatedly refused to discuss expanding the court, despite the obvious deterrent power such a threat could carry. (Joe Biden has not ruled it out, as Kamala Harris made clear in her recent debate with Mike Pence — but he isn’t talking about it openly either.) Democrats’ self-defeating, one-step-at-a-time focus is the exact opposite of the long-term strategy Republicans have pursued for decades. The elites’ narrow focus has a long-term demobilizing effect, which has suited the Democrats’ corporate wing just fine. But that simply can’t be sustained any longer, in the post-Parkland, Climate Strike, Black Lives Matter, COVID-19 world that now confronts the threats Mystal cites.

If Democrats don’t act to expand the court if and they take power in January, they will be signing their own death warrants. As Mystal tweeted:

Expanding the court upon victory is going to be the HEIGHT of the Dems political power to do this. The illegitimate process to install ACB will be fresh.

Also, it’s the height of the reform argument. Trump broke the court just like he broke everything else. LET’S FIX IT. 

One major obstacle to overcome is the misguided notion that democratic norms are self-reinforcing. Another is confusion over what those norms really are and how they work. As Henry Farrell of Crooked Timber points out, the perception of FDR’s court-packing as a dangerous, norm-breaking effort that failed — as it’s presented, for example, in “How Democracies Die” — is incomplete, at best. Something more fundamental was going on. In the face of Roosevelt’s threat, the court stopped striking down popular legislation, including the Social Security Act: “One norm that had been pretty systematically trashed – judicial respect for what citizens and their democratically elected representatives actually wanted – was only preserved through Roosevelt’s credible threat to upset another norm.”

Segall sees that as a valuable precedent. “This Court needs to be scared into humility,” he told me. “FDR did it and it worked, like, for 30 years.”

Weakening the Supreme Court

“As a general policy matter, I’m in favor of anything that weakens the court and makes it less partisan and less political,” Segall said when I asked about Mystal’s idea to have small groups of justices sit in panels, potentially reviewing each other’s decisions. The lack of review makes the court into a political body, he argues in “Supreme Myths,” so having most decisions made by smaller panels, while it would not end that problem, would surely diminish it. 

But there’s be a hitch. “I am not 100% sure that’s as clearly constitutional as some other proposals,” Segall warned, “because Article III [of the Constitution] says that the judicial power of the United States shall be vested in one Supreme Court. One. So, I don’t know.”

On the other hand, we’ve had generations of experience with circuit courts structured precisely as Mystal describes, and no one thinks twice about calling them “courts.” While the existing conservative majority might well strike down such an innovation, an expanded court could be expected to lean the other way — another argument for moving quickly. Once you have 19 justices sitting there, the shear impracticality of them all hearing every single case and debating it in such a large forum casts the question in a very different light. 

Segall describes another de-escalating, depolarizing path. “Kent Greenfield at Boston College [quoted above] is about to have an op-ed in the New York Times saying that Congress should create a specialized constitutional court, like Europe has, to resolve constitutional questions,” he said. “Then Congress can use its jurisdiction under Article III to deprive the Supreme Court of appellate jurisdiction over that court.” 

Jurisdiction-stripping is an idea that’s gotten significant traction on the right in recent years. But it’s grounded in text, as Segall notes, since the Constitution says Congress has the authority to restrict or limit the Supreme Court’s jurisdiction. To me, the most appealing use of jurisdiction-stripping would be to protect voting rights. John Roberts’ delusional ruling striking down a key part of the Voting Rights Act utterly disregarded the 15th Amendment’s specific authorization that “Congress shall have power to enforce this article by appropriate legislation.” It would be perfectly reasonable for Congress to reauthorize the Voting Rights Act again, this time citing this specific text, along with that of Article III.

Pitfalls of weakening the court

Mystal is skeptical, to put it mildly. “I’m not a huge fan of the various ‘jurisdiction stripping’ proposals, for a couple of reasons,” he told me. “That’s exactly the kind of thing Republicans will do to take away minority rights. Remember, as a Black person the thing I fear most is not Republicans or Democrats. It’s white majorities trying to kill me. I like the court as a theoretical check against such majoritarian tyranny.”

Of course, the Court’s record in that regard isn’t exactly awe-inspiring, as Keeanga-Yamahtta Taylor recounts for the New Yorker. The 8-1 gutting of the Civil Rights Act of 1875, less than a generation after the passage of the Civil War amendments undergirding it is just one of the less-remembered examples Taylor cites. 

But there’s a broader problem as well. “I don’t have a whole lot of confidence that the Supreme Court will rule that their jurisdiction has been stripped,” Mystal said. “More to the point, I fear that they will rule that jurisdiction-stripping is OK on issues where Republicans are already winning, but suddenly rule that the Dems cannot strip jurisdiction on something they actually want to overturn.” 

In fact, he specifically thinks my idea won’t work: “We’re not going to have Congress say, ‘People can vote and the Supreme Court can’t say no,’ and then have the Supreme Court just say, ‘Oh well, I guess people can vote,'” he said. “The court has already largely ignored the 15th Amendment. They’ll ignore jurisdiction stripping too to stop black people from voting.”

Finally, as Mystal noted, this doesn’t really help with state law, “which is a lot of law and a lot of the most horrible law.” He offered a speculative case in which the court rules 6-3 to uphold a new Alabama law restricting abortion “to the first three hours of pregnancy out of wedlock, or whatever.” It doesn’t officially overturn the Roe v. Wade decision, but effectively outlaws abortion — and jurisdiction-stripping doesn’t help. “If your court reform doesn’t deal with awful state laws in the South,” Mystal said, “then your court reform doesn’t really work.”

On the other hand, Segall clearly opposed the more extreme move of simply ignoring the court’s decisions, as recently advanced by Ryan Cooper and Jamelle Bouie. “If we’re going to live in a country that follows the rule of law, I think we have to follow the court’s decisions, unless we decide to be a parliamentary system and not a republic anymore,” Segall said. 

Which is not to say the principle of judicial review has always been respected, or even claimed. Cooper correctly notes that “The weird thing about judicial ‘originalism’ is that the explicit principle of judicial review is nowhere to be found in the Constitution.” (That doesn’t bother Segall, given his critique of originalism.) Cooper goes on to say:

Actual judicial review was a product of a cynical power grab from Chief Justice John Marshall, who simply asserted out of nothing in Marbury vs. Madison that the court could overturn legislation — but did it in a way to benefit incoming president Thomas Jefferson politically, so as to neutralize his objection to the principle.

This accurately captures the political nature of that decision, as well as of the Supreme Court more generally. But there’s more to the story. “Just because the Supreme Court rules on something doesn’t always mean whatever it says goes,” Segall told me. “For example, in 1962-63, they end prayer in public schools, but the reality is that in the South there’s still prayer in the schools.” The INS v. Chadha decision of 1983 supposedly ended the practice of legislative vetoes, but Congress and the president both still use them. And then there’s the case of Brown v. Board of Education. As Segall notes, 10 years after Brown, schools in the the South were almost entirely re-segregated. “So I think we already know how we can undo court decisions. It’s been done before.”  

These court-ignoring examples all tilt right. And the counter to them tilted to the left, Segall explained: “It wasn’t until 1958 and Cooper vs Aaron — which denied Arkansas school authorities the right to delay desegregation — “that the Court basically said, ‘We’re supreme, you have to follow us,’ as opposed to ‘We decide cases, and let the chips fall where they may.'” 

So the historical record doesn’t look good. Questioning the court’s legitimacy on moral grounds is one thing, but this “solution” seems more treacherous than the problem it’s meant to solve. 

A troubled record 

The examples Segall cites echo the longer historical record laid out by Taylor, which highlights just how poorly protected Black people, women and other disempowered groups have almost always been. “The insistence that the Supreme Court is not a political body is a principle of high folly in American politics,” Taylor notes, adding that “as the branch of government that is least accountable to the American public, the Supreme Court has tended, for most of its history, toward a fundamental conservatism, siding with tradition over more expansive visions of human rights.”

Along with the familiar 19t-century examples of Dred Scott and Plessy, Taylor cites the “Civil Rights cases (mentioned above), and, turning to the court’s most clearly progressive era, she elucidates how fragile and contingent the achievements anchored in the Brown decision actually are. She notes both the national security argument the Truman administration made against segregation (“Racial discrimination furnishes grist for the Communist propaganda mills,” its amicus brief warned), and the rapid backsliding of the court itself: 

The Brown decision was a public indicator of progress, but its decree was quickly undermined when, the following year, the Court prescribed that school desegregation be undertaken with “all deliberate speed.” Without a directive that the ruling should take effect immediately, the South was provided legal cover to drag its feet, as the racist “massive resistance” to school integration began to take hold. …

Even when the Court has ruled in ways that appear to be in the interest of minorities or socially and economically marginalized populations, its decisions can be ephemeral, susceptible to partisan shifts, while creating the dangerous illusion of permanence. 

This ephemeral status “reduces rights to privileges,” Taylor argues. Rather than depending on the Supreme Court, she suggests, “It is through acts of solidarity and struggle that we have been able to secure our rights and liberties.” Taylor concludes by saying, “It is long overdue to end the Court’s undemocratic role in U.S. society,” but without offering any specific suggestions about how to do this. The expansions of democracy I have mentioned in passing—citizens’ assemblies, direct democracy through referenda and initiatives — point to one important facet of what can be done. But the Court’s existing power must also be reined in. That’s what’s front and center now.

A fight for peace?

Elie Mystal’s approach is notable for combining a fighting spirit with a long-term willingness to depoliticize the court. In February, he argued that adding 10 justices would give Democrats “the political leverage to make the Republicans an offer they couldn’t refuse,” by compelling them to agree to a larger judicial reform package (including an ethics panel for the Supreme Court), in exchange for a promise that “the 10 new justices could be evenly split” between nominees of both parties. Does that sound like a contradiction? Maybe not.

“I want to fight like hell to win control of the court so that a Democratic run court can be depoliticized,” he said. “I know that sounds like a tension, but I can square the circle. Basically the legal arguments between conservatives and liberals on the court and in the law do not break down so cleanly on Republican v. Democrat lines. “That’s what makes the law so cool and interesting. But we rarely get to have those debates, because Republicans choose judges based on one thing: the judge’s willingness to overturn precedent if it conflicts with the Republican political agenda. That’s pretty much it.” 

That’s largely happened because the Federalist Society has taken over the business of selecting Republican judicial nominees, combined with the long-term influence of the Christian right, as described in books like “The Power Worshippers” and “Building God’s Kingdom,” with results tallied and reflected on here.  

“The kind of judge who believes that you can just throw away the 50 years of settled precedent codified in Roe v .Wade, because you personally think abortion is immoral, is also a nutty, extremist judge who believes all other sorts of crazy things,” Mystal explained. “You get a whole raft of radical judicial ideology by trying to litmus-test everything around abortion. It’s how you get judges who also think the 15th Amendment is just a suggestion, but the Second Amendment is the word of God. It’s how you get judges who are constantly waging ideological battles instead of ruling on the specific cases and controversies before them.”

Ironically, there was a time when conservatives made just that kind of argument — but it was riddled with bad faith. Mystal would have us focus on what’s legitimate. “The goal of depoliticizing the courts is to get more people who are looking at the specific facts of the case, as opposed to always tacking to their ideologies,” he said.

“If you want to look at cases, then having a ‘diverse’ set of backgrounds and experiences and opinions is actually good. There are case-by-case ‘conservative’ points of view that I actually agree with,” Mystal noted. “I don’t mind having ‘conservatives’ on the Court, I mind having intellectually dishonest Federalist Society extremists on the court who are only there to strike down a couple of opinions conservatives hate and carry on an ideology war at all other times.” 

Mystal concluded with a crucial caveat: “Where I differ from, say, Barack Obama … is that you have to win the war first before you de-escalate. Conservatives play to win, and Democrats must too. We can have peace, after we win.” 

Democrats desperately need to heed that call to arms. But they also something more than the fervent desire of their base for a big win. They need an argument. That’s where Segall’s final point on court-packing comes in.

“In 2020, an institution of life-tenured lawyers second-guessing social, political and educational issues — any kind of issues — based on imprecise text and contested history is a broken institution,” he said. “That has to be the Democrats’ argument. If they vote to expand the Supreme Court, he concluded, “We’re not making it stronger to be more Democratic or more liberal. … We’re packing it to make it weaker.”

Pence’s politeness masks a ruthless ideology

“It is a privilege to share the stage with you Senator Harris,” said Vice President Mike Pence, and those 11 words signaled a new strategy. It was a turn-on-a-dime maneuver from President Trump’s disastrous September 29 debate that tanked his polls. If Trump was a rabid blowhard, Pence would be calm and respectful. Implicit in the serene composure was a decision; he was not there to save Trump’s presidency but to audition for his own.

Wednesday’s vice-presidential debate in Salt Lake City showed two politicians who are a heartbeat away from the presidency. If Trump’s health worsens from his COVID-19 illness, or he dies, then Pence assumes the Oval Office. If Trump loses the election, Pence becomes an already seasoned contender for 2024.

Despite the normalcy of his demeanor, Pence could pose an even greater threat to civil and human rights than Trump. His tranquil voice and Christian piety conceal an extreme fundamentalist agenda. He seeks to unleash brutal policies against women and LGBTQ people, and to dismantle the separation of church and state, threatening the rights of those who don’t believe in the God whose banner he claims to operate under.

Trump’s strategic alliance with Pence

How did Pence even get on that stage? Years ago, Trump crisscrossed the nation and lit the latent jingoism and racism into rallies that were bonfires of hate. Trump sold “The Wall” as both a real wall on the U.S.-Mexican Border but also as a metaphor to stop diversity from changing the nation.

It worked. He had billionaires. He had whites without a college degree. He had racists. He had sexists. But he needed the Evangelicals.

The Evangelical vote is vital for Republicans to win. In 2016, there were 231 million Americans eligible to vote. Trump got 62 million and Hillary Clinton 65 million. Tallied up, that is roughly only 60 percent of the electorate. One out every four voters is Evangelical, which adds up to almost the same size voting bloc as people of color from all religions. Alongside free marketers, the “alt-right,” Tea Partiers and Libertarians, Evangelicals are a needed part of the Conservative Coalition.

Republicans faced a problem: How to turn a man who divorced multiple wives, cheated with adult film stars and whose daughter laughed when he was called a “sex predator” on “The Howard Stern Show” into an acceptable vehicle for God’s will on Earth.

Enter Indiana Gov. Mike Pence. According to a Politico report, Trump campaign chair Paul Manafort and Republican National Committee Chair Reince Priebus pulled for Pence because he would get out the Bible thumpers. When Trump landed in Indiana, the local Republican Party Chair Jeff Cardwell told him, “Mike Pence will deliver the Evangelical vote, he will deliver the Rust Belt.”

Trump’s choice of Pence locked in the Christian vote. In order to justify support for an obviously profane man, the Evangelical media reimagined Trump as a flawed vehicle for God’s will, comparing him to the biblical figure of King Cyrus, whom Evangelical leader Mike Evans has described as “an imperfect vessel” and “flawed human being” who “was used as an instrument of God for deliverance in the Bible.” He would save them from the growing power of secular America, where comedians from George Carlin to Bill Burr routinely roasted the church. Trump would pantomime anti-abortion values by signing the Born Alive Executive Order. Meanwhile, some Evangelicals look at his backing of the right-wing Israeli government and hope he catalyzes the Second Coming in which Christ returns to carry away the righteous as the rest of us burn in Hell.

Pence presided over Trump’s “rebirth” as the standard bearer for the right-wing Christian movement. Now as the president’s campaign for reelection implodes, Pence can position himself as the natural successor to lead Trump’s coalition. It would be easy. The deep hatred of difference that drove Trump to the White House also drives many Evangelicals.

Pence’s trademark piety hides his brutal policy stances

Every step of the way, Pence stood behind Trump and employed his trademark piety to mask a ruthlessly anti-egalitarian ideology. It is harder to see behind his tranquil voice and showy courtesy. Peek behind the mask and a terrifying history opens to view.

Pence has pushed pro-corporate, homophobic, anti-immigrant, pro-war, pro-drug war policies again and again. Those are the facts. He was against raising the minimum wage, saying it would “hurt the working poor.” He opposed LGBTQ military service and gay marriage, saying, “societal collapse was always brought about following … the deterioration of marriage and family.” He supported the Iraq War. He wanted to keep draconian penalties for marijuana and opposed its legalization. He admits climate change is real but offers no solution to the existential threat to humanity. In short, Pence is like a nightmare version of Oprah, but instead of everyone getting a car, it’s as if Pence is gleefully shouting, “And you get a Hell! And you get a Hell! And you too!”

With Trump’s approval ratings sliding, the Republican Party is surely shopping around for a new leader. After the 24-hour wall-to-wall circus of the Trump administration, it will likely enlist a more coherent and made-for-TV personality like Pence or even Tucker Carlson.

Right-wing media and political networks are a conveyor belt carrying mediocre men into the halls of power. Empowered by a now solidly conservative Supreme Court — where Judge Amy Coney Barrett is being rushed to confirmation — and a Senate and Electoral College that is a red state firewall against the younger, more diverse Democratic-leaning majority, the Republican Party may slowly seek to transform the U.S. into an episode of The Handmaid’s Tale.

In the coming years, whether or not Trump is re-elected, we may see Roe v. Wade or the gay marriage decision be overturned in the Supreme Court. The suffering that could be visited upon women and the LGBTQ community in the name of religion would be devastating. It is a future Pence is working to bring about.

Rep. Alexandria Ocasio-Cortez tweeted in 2019 that “removing Trump will not remove the infrastructure of an entire party that embraced him; the dark money that funded him; the online radicalization that drummed his army; nor the racism he amplified+reanimated.”

She is right. Trumpism is here to stay. The only difference if Mike Pence takes over now, or makes a run for the White House in 2024, is that the bigotry will wear a prayerful mask.

Copyright © Truthout. Reprinted with permission.

Home Depot’s giant skeleton is a metaphor for this year’s outsized morbidity

The day before President Donald Trump announced that he had tested positive for the novel coronavirus, I received an email from Home Depot’s merchant for decorative holidays letting me know that, indeed, all their $300 “Giant-Sized Skeletons with LifeEyes” were completely sold out. 

Photos of the oversized Halloween decoration had dominated social media for about a week before. “Happy Boyfriend Day to my one true love, the giant Home Depot skeleton,” one Twitter user wrote, while another said, “I love you giant skeleton, I just can’t afford you.”

At some point, Budweiser posted a photo of the skeleton holding a 50-inch body pillow shaped like a beer. For a brief moment, the decoration became a macabre sex symbol of sorts (the bone jokes write themselves) and Twitter was flooded with marriage proposals for and references to the “hot Home Depot skeleton.” 

It was a bizarre micro-chapter of the pandemic zeitgeist that closed as suddenly as it opened, and offered some insight into the ways in which we continue to get by in these unprecedented times: Death is all around us. Let’s put 12-foot-tall plastic skeletons in our yards? 

In a way, it makes sense. Halloween is traditionally a season to confront topics surrounding mortality. As Vittoria Elliott and Kevin McDonald wrote for The Washington Post in 2018, the holiday has its origins in the first millennium A.D. in the Celtic Irish holiday Samhain. 

“According to Lisa Morton, author of ‘Trick or Treat: A History of Halloween,’ Samhain was a New Year’s celebration held in the fall, a sort of seasonal acknowledgment of the annual change from a season of life to one of death,” they wrote. “The Celts used Samhain celebrations to settle debts, thin their herds of livestock and appease the spirits: the kinds of preparations one might make if they are genuinely unsure whether they will survive the winter.” 

But over the last several decades, Elliot and McDonald wrote, American Halloween has lost its connection to death. “Sexy avocado costumes obscure the holiday’s historical roots and the role it once played in allowing people to engage with mortality.” 

Leading up to this October, however, America’s collective consciousness has been hyper-focused on sickness and mortality. Since the World Health Organization declared a global pandemic in early March, over a million people have died of COVID-19. During that same period of time, Americans have had to evaluate what kinds of topical or gallows humor serves as a necessary coping mechanism, and what kinds cross a line. Halloween supercharges those tensions. 

Some things feel obviously wrong. For example, many Halloween costume companies — even Yandy, which has previously come under scrutiny for their revealing  “Handmaid’s Tale”-inspired costumes — are opting out of selling “sexy COVID” costumes in 2020. 

“I don’t think there’s anything sexy about it,” Pilar Quintana-Williams, Yandy’s vice president of merchandising, said in a recent interview with Business Insider. 

The company is, however, releasing sexy hand sanitizer and banana bread-inspired costumes as a nod to the current moment — which, depending on your brand of humor, likely falls somewhere on the “tacky, but innocuous” spectrum. Less innocent are the legion of rubber masks that are shaped like the coronavirus as it appears under a microscope, with demonic eyes and sharp teeth added. 

Rachel Power, Chief Executive of the Patients Association, told The Sun in a recent interview that  “these masks show a terrible lapse of judgement by the manufacturers and sellers, and I hope they will be removed from sale quickly.

“I’ve no doubt the great majority of people will find them hugely distasteful,” she said. “I can’t imagine that many people would wish to wear one.”

Amazon has reportedly removed some of these masks in recent weeks following consumer complaints, but more continue to pop up for sale for those who wish to do some coronavirus cosplay

“The red mask looks like a virosome, disgusting and scary enough. If you like pranks, please wear it. You will succeed!” one remaining Amazon description reads. 

Dark Halloween-themed humor about actual living people — specifically politicians — is contentious, too. Take this week’s vice-presidential debate, during which a fly landed on Vice President Mike Pence’s head for 2 minutes and 3 seconds. In less than two hours, the Biden campaign released special branded fly swatters; by Thursday morning there was already a Debate Fly Halloween wig. 

As Salon’s Melanie McFarland wrote, “television series and films employ flies to hint at a character’s lifelessness, lack of humanity or dedicated evil” and as such, Twitter exploded with seasonally appropriate hot takes about Pence’s state of being. Was he a reanimated corpse? A rotting zombie? Dead on the inside as a result of his abhorrent politics? 

Any or all of the above, per social media. Will the observations be less amusing if the rumors that Pence has actually contracted the coronavirus are true? Probably, but for now most people are still stuck on who will play The Fly on “Saturday Night Live” this week (my vote is Beck Bennett, for what it’s worth). 

Meanwhile, as McFarland reported earlier this week, most late-night comedians seem to have arrived at the conclusion “that when it comes to reaping material from Trump’s infection with the novel coronavirus, joke season is now officially open.” This comes as many Americans are navigating the ethical and religious implications of any schadenfreude they experienced upon hearing the news of the president’s diagnosis, or the humor they find in those jokes. 

But should Trump’s hypothetical demise be translated into Halloween decor? That’s a question that divided a New York neighborhood in 2017 when a Cortlandt man crafted a lawn display with a fake corpse and a Donald Trump tombstone with the phrase “Burn in Hell” written underneath his name. 

Fabian Vergara, the owner of the display, told reporters at the time that he planned on removing the tombstone decoration after being approached by some neighbors who asked him to take it down. But when one neighbor, mimicking a statement made by the president multiple times, told Vergara, who was a native of Ecuador, and his wife and children to “go back to their country,” he decided against it. 

The display stayed up for the season, but I doubt it would, or truly should, this year, as many of us contemplate not only our own mortality, but the ultimate survival of our country, with or without Trump. Those are big topics to consider, all centered on death, something that we as Americans aren’t particularly adept at contextualizing. 

In that way, it makes sense that the giant skeleton became something of a mascot. Amid unthinkable stress, omnipresent suffering and months of prolonged uncertainty, the decoration is outsized in its morbidity and absurdity, an emblem for this Halloween and this year. 

In working while sick, Trump embodies the most toxic aspect of American work culture

Since Donald Trump has tested positive for COVID-19, he’s gone above and beyond to make it known that he’s still working, even in the throes of illness.

In the first announcement of Trump’s diagnosis, his physician Sean Conley said that he expected Trump to still carry out his duties “without disruption.”  When the White House announced that he would be moved to Walter Reed hospital, the statement said that he would be “working from the presidential offices at Walter Reed for the next few days.” Most importantly, Trump returned to the White House to keep working while still contagious, based on the public timeline of his infection: News broke that Trump got COVID-19 on Friday October 2, and returned to the White House on Monday, October 5. According to the Centers for Disease Control and Prevention, people with COVID-19 can stop isolating and be around others 10 days after they first showed symptoms.

Meanwhile, Trump’s re-election campaign has tried to frame Trump as a “warrior”  and “fighter,” casting his purported triumph over the virus — and his insistence on defying medical recommendations and appearing to work through his illness — as symbolic of his masculinity and strength. 

The promotion of this message is deeply harmful, and apt to put lives at risk among Americans who mimic his behavior. Indeed, nobody who insists on putting coworkers’ health at risk as part of some kind of masculine display is a “warrior” or “fighter.” Indeed, there is nothing weak about taking care of oneself.

Trump’s power-through everything attitude, even a deadly virus that has put the country to a halt and killed  211,000 Americans to date, is the exact embodiment of the most toxic aspect of American work culture: the notion that work comes first — above one’s own health, and above the health of one’s peers. 

“We have a lot of room for progress in this area where it’s acceptable to honor your health and the health of your family members with days off, and we just aren’t there as a culture,” Leanne DeRigne, an associate professor at Florida Atlantic University whose research focuses on labor participation and healthcare policies, told Salon. “We have never in our corporate workplace life offered everybody guaranteed access to paid sick leave in this country — so without that, of course people have to work when they’re sick, they have to lie about why they need a day off.”

In October 2019, Robert Half published results from a survey showing that nine out of 10 employees go to work sick. According to the survey, more than half of those who go to work sick said they go when they have a flu or cold because they have too much work on their plate. Another 40 percent, in the survey, said they go to work while ill because they don’t want to use up their sick time. In 2014, the public health and safety nonprofit NSF International found that 26 percent of American workers regularly go to work when sick.

“Bosses should set an example by taking time off when they’re under the weather, encouraging employees to do the same and offering those with minor ailments the ability to work from home,” Michael Steinitz, senior executive director of Accountemps, said in a statement at the time.

But this work-first, health-second attitude appears to be something Americans learn at a young age, partly as a result of the lack of universal paid sick leave. I recall being sick with the flu in first grade, and my mom— a single mom at the time — was not able to miss work. As a result, I had to go to school. Two hours later, the office called her and asked her to pick me up because I was so sick. We laugh about it today, acknowledging that I should never have gone to school in the first place that day; but as a working, single mother, taking time off wasn’t an easy choice for her to make.

Certainly for someone like Trump, who has the privilege of to take time off, it is a terrible example to set for the millions of Americans who don’t. But in typical Trump fashion, the move to appear “strong” while having COVID-19 and continue working is just as much political as it is cultural. Back in 2016, Bill Clinton took Hillary Clinton’s place at a couple campaign events as she recovered from pneumonia. Some media outlets made sexist comparisons to her being sick, and implied her campaign was failing. Trump’s campaign used images of her coughing in an attack ad to try to fuel conspiracy theories about her health and make her look “weak.”

“We saw this during the last presidential campaign that Hillary was viewed as weak when she took a day off from work… I imagine that’s influencing his decision to keep working,” DeRigne said. She noted that there is something cultural about Trump’s attitude, too.

That would be the Calvinist work ethic, which is still very much alive today. It’s this attitude that places immense value on the idea that hard work, discipline, and frugality are a result of a person’s values and essence. In the early 1900s, author Max Weber said this mindset in part is responsible for the birth of capitalism.

“We’ve attached work as a moral activity, and we’ve never really felt great about people who don’t work so that’s a category of people of people we deem as ‘unworthy,'” DeRigne said. “Then we have this very patriarchal society that has viewed a woman’s place, historically, just being in the home, so I mean they’re both a play here for sure.”

This is counterproductive to having a (literally) healthy labor sector, DeRigne explained. First, there is no doubt that the pandemic has disproportionately impacted the careers of American women, which is partly due to this bootstraps mentality.

“This attitude definitely doesn’t allow you to take care of yourself fully, so you’re always committed to your employer,” DeRigne said. “How you manage your caregiving responsibilities, if you have children or older people in your life, you know that’s very hard to balance those two competing demands on time and commitment.”

And then there’s the issue around the nature of the coronavirus itself. According to the Institute for Women’s Policy Research, during the 2009 H1N1 pandemic nearly 8 million infected American workers took no time off.  The Institute for Women’s Policy Research estimates that these workers in turn infected another seven million people. If the United States has any hope of containing and eradicating the coronavirus, workers must stay home and isolate themselves while they’re sick.

Of course, this is more difficult and detrimental to hourly wage workers, particularly those who don’t have sick pay, or who have been conditioned to fear the repercussions of taking a day off to heal.

“Taking a day off when you’re a salaried employee is easier for people to do and for employers to accept that you’re doing, than if you’re an hourly wage worker,” DeRigne rued.

The Obama DOJ had a plan to hold police accountable for abuses. The Trump DOJ has undermined it

It was caught on tape. A Seattle police officer lunged into the backseat of a patrol car. The Black woman detained inside had been combative, but she already had her hands cuffed behind her back. Still the cop punched her in the face, breaking an orbital bone.

The Seattle Police Department moved to fire the officer for excessive force, but in November 2018, the cop’s union lawyer was able to convince an arbitrator to overturn the termination.

The implications of the incident went beyond the officer. The entire Seattle Police Department was under an agreement reached with the Obama administration Department of Justice because its officers had a pattern of abuse similar to the incident in the patrol car. That agreement, known as a consent decree, forced the department under tight federal oversight until it reformed itself. The Seattle police had already made a string of changes, including ending unconstitutional stop-and-frisk and improving training.

But the inability to easily fire the officer from the patrol car incident called the city’s progress into question. If the department couldn’t even get rid of officers it thought should be fired, then its disciplinary system potentially violated the settlement agreement, the judge assigned to oversee the consent decree said. The court-appointed independent monitor for the consent decree agreed.

But instead, the Justice Department of President Donald Trump took an unusual stance in court: It argued that the city’s disciplinary system was fine the way it was.

District Judge James Robart was shocked. In a filing, he accused the federal government of reversing its position on “the old accountability system’s inadequacy” and doing so “for the sake of political expediency.”

In Seattle and jurisdictions across the country, the Trump administration’s Department of Justice has pulled back on policing the police. It has not entered into a single new consent decree with any law enforcement agency suspected of systemic abuses of constitutional rights. It has only announced the completion of one investigation into such abuses.

But the pullback goes deeper. The Justice Department has also been undermining the existing agreements between the federal government and abusive police forces across the country, according to interviews with court-appointed monitors and former Justice Department officials.

The Obama Department of Justice entered into 15 consent decrees with law enforcement agencies, up from three under the Bush Justice Department. The settlement agreements, which come after a lawsuit by the federal government alleging unconstitutional policing, compel police agencies to fix themselves while under the close watch of Justice Department attorneys and an outside independent court monitor.

The Department of Justice was still overseeing all of these agreements when Trump entered the Oval Office in 2017. Supporters of the increased oversight worried that the Trump Justice Department would try to pull out of them entirely. It did so in Chicago just before an agreement was to be finalized and tried to in Baltimore. But instead of pulling out completely of those already well underway, it has eased up on enforcing them, managing to avoid negative attention and the ire of uncooperative judges, according to court-appointed monitors and former Justice Department lawyers.

The Justice Department has taken a similar approach in places like Cleveland, Los Angeles County and Newark, New Jersey, as it did in Seattle, with attorneys for the federal government failing to push for reforms, refusing to publicly back up frustrated monitors and not pressing local police forces to meet the requirements they agreed to.

The Justice Department declined to comment for this story.

As excessive force and killings by police have led to one of the biggest social justice movements the country has ever seen, the Trump administration has embraced police departments and attacked protesters as lawless and violent. Trump has taken on the “law and order” mantle as a centerpiece of his campaign. And top Trump officials, including then-Attorney General Jeff Sessions, have questioned whether the federal government should play an active role in reforming bad law enforcement agencies.

“If the city knows you’re not going to litigate because the head of the Justice Department is saying they don’t believe in consent decrees, then they know you’re not going to get the authority and they call your bluff,” said Sharon Brett, a former DOJ attorney who worked on investigations and consent decree enforcement during the Obama and Trump administrations.

People involved in these cases said career attorneys at the Justice Department’s civil rights division are acting cautiously, seeking not to draw the attention and ire of the politically appointed bosses in Washington. The chill has led to an exodus of attorneys from the unit that handles consent decree enforcement since the start of the Trump administration. (The DOJ would not share personnel numbers with ProPublica.)

Court-appointed monitors tasked with examining the progress being made by local police forces have noticed the shift.

“You would never know they’re party to the consent decree,” one monitor said, asking for anonymity to avoid angering the Justice Department. “I’ve never seen DOJ lawyers be so passive.”

Consent decrees are a relatively recent tool for reforming troubled police departments.

They were made possible by the Clinton administration’s 1994 crime bill, the same piece of legislation that has become radioactive among criminal reform advocates for contributing to over-incarceration. A provision of the law empowered the Justice Department to sue cities and counties for unconstitutional practices by their cops and prosecutors.

The process begins with civil rights attorneys from the Justice Department opening what’s known as a “pattern or practice” investigation into a police department or other law enforcement agency. They examine whether the rights of residents are being violated — either through excessive force, racially biased stops, unjustified arrests or other misconduct. On occasion, the Justice Department will sue those local jurisdictions or, in the most serious cases, enter into consent decrees.

Those agreements require the local jurisdictions to work with the Justice Department for years to complete a list of reforms and to prove to a judge those reforms are working. The court-appointed monitors, typically a police practices expert or former law enforcement official, examine how well the police force is implementing the changes in a series of public reports. If the local agency refuses to take required steps, or is too slow, it can be sanctioned by the judge on the case. The sanctions can include fines or even jail time for an obstructive police chief or other city official.

The process can be invasive and burdensome for local jurisdictions, particularly cash-strapped ones. After the shooting of Michael Brown, the unarmed Black teen whose death launched nationwide protests, Ferguson, Missouri, entered into a consent decree with the Obama administration Justice Department in 2016. The community has struggled to hire experts in data analysis and other fields that the agreement demands.

But experts believe the process is one of the most effective for righting wayward police forces.

“It’s a once-in-a-lifetime opportunity. You get to fix things institutionally,” said Peter Harvey, the former New Jersey attorney general and the current court-appointed monitor for the consent decree in Newark. “Once if you fix it organically, that culture persists.”

One consent decree widely considered a success is the 2001 agreement reached with the Los Angeles Police Department. The complaints of racist and brutal policing went back decades, prompting riots, like after the 1991 Rodney King beating, and major scandals, including when officers in the Rampart anti-gang division were discovered to be planting evidence and carrying out unprovoked shootings.

The federal oversight in Los Angeles lasted what local officials complained was an interminable 12 years, but in the end, even longtime LAPD veterans praised its outcome. In 2013, Chief Charlie Beck credited the consent decree with making “this a department that I am proud to hand over to my children.” A Harvard study on the reforms found that the police reduced incidents of serious force and that public satisfaction with the force rose to 83%.

From the beginning, the Trump administration took a hostile stance on these types of reform efforts. Trump’s first attorney general, Sessions, set the tone when he said the investigations “undermine the respect for police officers and create an impression that the entire department is not doing their work consistent with fidelity to law and fairness.” He pulled out of a consent decree effort in Chicago, leaving it to the state attorney general to pick up, and tried to pull out of an agreement in Baltimore, which a federal judge blocked. Just before he resigned in 2018, Sessions issued a memo requiring high-level approval for any new consent decrees and raising the standard that staff attorneys needed to meet before opening a new investigation.

In Los Angeles County, the Justice Department entered into a settlement agreement with the Sheriff’s Department in 2015 after finding that cops assigned to the desert towns on the county’s northern outskirts were discriminating against Black and Latino residents.

According to the complaint the Justice Department filed in court, rank-and-file deputies were stopping and searching Black residents at higher rates, even though they were found to have contraband half as often as white residents. Even people who posed no obvious danger — including domestic violence victims and minor traffic offenders — were routinely being detained in the back of patrol cars. The agency’s deputies were assisting affordable housing inspectors in searches that intimidated Black residents and forced them from their homes.

Members of the department didn’t do much to hide their bias. During a tour with federal investigators, a sheriff’s supervisor remarked that all newly arrived Black residents in the area were current or former gang members. A sheriff’s captain suggested that affordable housing residents were offering shelter to gang member relatives “from South Central” — a neighborhood on the other end of the county with a large percentage of Black residents..

But five years into the settlement agreement, the agency has not overhauled its data collection system to track its interactions with the public to see if people of color are still being disproportionately stopped or harassed, one of the key reforms the agency agreed to with the Justice Department.

“It is fundamental,” said Joseph Brann, the co-chair of the team in charge of monitoring the agreement.

Both chairs, Brann and Angela Wolf, said the Sheriff’s Department resisted an expensive fix. The settlement agreement only applied to part of the sheriff’s jurisdiction, but an overhaul would require the sheriff to change his data collection agencywide.

In 2018, they pressured sheriff’s officials to act. Their response was, “‘We’re gonna make some phone calls, we’re gonna see,'” Wolf told ProPublica.

The monitors took that as sheriff’s officials suggesting they would appeal to Justice Department supervisors to try to get around the requirement.

“It wasn’t quite a threat,” Wolf said. “But it was an ‘uh huh, we’ll see if you’re right about that.'”

The staff-level attorneys are committed to enforcing the deal, but “we get the sense that higher up, supervisors are sometimes working in opposition to the mission,” Wolf said. “We do know there were times when sheriff’s officials made a phone call to higher-ups at DOJ,” she said, adding, “We do know that level of influence was being offered.”

And the department has still not revamped its system. The Sheriff’s Department did not respond to questions from ProPublica.

The monitors’ concerns go beyond the data issue. For a year and a half during the settlement agreement, sheriff’s officials ignored requests to make agreed-upon changes to their use-of-force policy. Only recently did the office begin to engage again with the monitor. But to this day there is still not an approved new policy.

Cleveland entered into a consent decree in 2015 after the Justice Department found its officers were using excessive force on residents, shooting at people who didn’t pose an immediate threat and using guns carelessly, including hitting people on the head with them. Cleveland cops were also using Tasers and pepper spray on people who were already handcuffed, at times not based on any threat they posed in the moment, but to punish them for earlier remarks. Officers who investigated their colleagues’ shootings admitted their goal was to cast accused officers in “the most positive light possible.”

In the consent decree with the Justice Department, Cleveland agreed that a judge would have the final say on a body cam policy. The city, with support from the police union, proposed that officers would not need to wear body cams if they were moonlighting.

When police officers worked as security at a Cavaliers game, for example, getting paid by a private entity, they weren’t required to wear cameras, even though they would be armed, wearing their uniforms and functionally acting as police officers. The police union was determined not to bend on this. When the city tried a voluntary pilot program to encourage moonlighting officers to wear cameras, the union distributed a letter instructing its members that it “is the OFFICIAL UNION POLICY to refrain from ‘VOLUNTEERING’ for anything with regard to work.”

The monitor objected to the moonlighting carve out.

“A system where one set of rules applies to officers working a city shift while another set of rules applies to officers working for a private employer fosters confusion, not confidence, among the community,” Matthew Barge, the monitor in Cleveland, argued in court.

The judge assigned to the case also signaled he agreed: “When you’re a police officer and you’re policing, whether it’s a bar or restaurant or whatever, people see you as a police officer.” He expressed concern that officers were “not encouraged but discouraged to volunteer.”

But at a June 2017 hearing, the Justice Department did not strongly support the monitor. The attorney told the judge that DOJ was “hopeful” that “the officers will see that using cameras on secondary employment is going to be beneficial for them and not burdensome.”

The Justice Department, she added, “looks forward to hearing about the progress of the pilot program as the rest of the months go on.” At that point, however, the pilot program had zero volunteers and was functionally dead.

Today, moonlighting Cleveland cops go about their duties without body cams.

Justice Department lawyers in Newark have taken a similar approach.

The city entered into a consent decree with the federal government in 2016. The Justice Department had alleged that a whopping 75% of the pedestrian stops Newark police made did not have a legitimate basis. Even though just about half the city’s residents are Black, they made up about 80% of stops and arrests.

Last year, as the consent decree was ongoing, a Newark cop shot repeatedly at a moving car, even as his partner urged him to “Relax! Relax bro!” He killed the driver, a Black man, and seriously injured the passenger. The officer had fired three separate times during a short pursuit, while the suspect’s car was in motion, a discouraged practice because of the danger it puts innocent bystanders in. The shooting was considered particularly reckless because the suspect’s windows were heavily tinted.

The monitor on the case repeatedly asked for video footage of the shooting in order to assess whether the department’s use-of-force policy needed revisions. He was repeatedly denied.

“The City and (Newark Police Department’s) response in refusing to produce the requested information violated the letter and spirit of Consent Decree,” the monitor wrote in one report. He only received the footage later, after it was aired on the local news.

The monitor could have used help from the Justice Department. But federal attorneys never spoke up.

“Not a word out of DOJ,” said someone involved in the case. “No email, no phone call, nothing.”

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As Trump touts his “great” COVID drugs, the Big Pharma cash flows to Biden

Pharmaceutical giants Regeneron and Gilead Sciences got the kind of publicity money can’t buy this week after President Donald Trump took their experimental drugs for his coronavirus infection, left the hospital and pronounced himself fully recovered.

“It was, like, unbelievable. I felt good immediately,” Trump said Wednesday in a tweeted video. “I call that a cure.”

He praised Regeneron’s monoclonal antibody cocktail, which mimics elements of the immune system, and mentioned a similar drug under investigation by Eli Lilly and Co. The president also took Gilead’s remdesivir, an antiviral that has shortened recovery times for COVID-19 patients in early research.

There is no scientific evidence that any of these drugs contributed to the president’s recovery, since many patients do fine without them. It is also not known whether the president has been “cured,” since the White House has released few specifics about the course of his illness.

Yet as his campaign for reelection enters its final stretch, Trump is not feeling the love in campaign contributions. Regeneron, Gilead, Lilly and the industry as a whole are sending more money elsewhere.

Reversing a trend in which contributions from drugmakers’ political committees and their employees have gone largely to Republican candidates for president and Congress, so far for 2020 the industry has tilted toward Democrats.

The shift may reflect industry expectations that Democratic presidential candidate Joe Biden will win, said Steven Billet, who teaches courses in corporate lobbying and political donations at George Washington University. Pharma companies may see campaign largesse as leverage if Biden follows through on promises to address high drug prices, he said.

In a year when complaints about high prescription drug prices have been overshadowed by the pandemic, donors with ties to pharma manufacturers have given around $976,000 to Biden, according to data from the Center for Responsive Politics. That’s nearly three times the pharma contributions to Trump, who recently switched his tune from complaining about “rip-off” prescription prices to describing drug firms as “great companies.”

“Traditionally the industry tends to favor Republicans,” said Sarah Bryner, CRP’s research director. “But this cycle, we’re seeing that flipped,” partly reflecting Democrats’ overall greater success in fundraising, she said.

Pharmaceutical companies and their trade groups have a history of supporting Trump and other Republicans indirectly through hard-to-trace “dark money” nonprofits. But those contributions may not be disclosed until long after the election, if ever.

Of $177,000 given so far to 2020 federal candidates by Regeneron’s employees and political action committee, four-fifths have gone to Democrats, including $35,203 to Biden, according to CRP.

Regeneron CEO Leonard Schleifer, a billionaire who has known Trump for years and belongs to the Trump National Golf Club Westchester in New York’s Westchester County, has a long history of giving to Democrats. He gave $5,400 to Hillary Clinton’s 2016 presidential run and $120,000 in 2018 to a political action committee attempting to flip the Senate to Democratic control.

Schleifer has made no registered political donations since last year, when his contributions went mainly to his son, Adam Schleifer, a Democrat running for Congress who lost in a primary this summer.

North Carolina Sen. Thom Tillis, representing a state with a large biotech industry and running for reelection in a tight race, has been the biggest Republican recipient of Regeneron dollars for 2020 races, tallying $5,526 so far.

“This is a company that looks as though they’ve always been committed to Democrats,” said Billet, a former AT&T lobbyist who teaches PAC management. “And my guess is they just have a Democratic culture in this company.”

A spokesperson for Regeneron, which has applied for emergency use authorization to bypass the Food and Drug Administration approval process for its drug, declined to comment on campaign donations and said the company will continue clinical trials.

The drug is expected to cost thousands of dollars per dose. “You’re going to get them for free,” Trump said of the COVID-19 drugs he took. The government has agreed to make initial doses of Regeneron’s antibody treatment “available to the American people at no cost,” the company says.

But details of the contract, including the price, remained secret. In any event, if patients get the drug at no direct cost, “it doesn’t mean they’re not paying for it,” said James Love, director of Knowledge Ecology International, a nonprofit that works to expand access to medical technology. “They’re just paying for it through taxes.”

The government is giving Regeneron $450 million to make and supply the antibody cocktail.

Donors with Gilead ties also lean left, giving two-thirds of their roughly $284,000 in contributions so far this cycle to Democratic candidates for Congress and president, the CRP data shows, including about $36,000 to Biden.

At Lilly, where Health and Human Services Secretary Alex Azar once ran the U.S. division, 54% of the money has gone to Democrats and 46% to Republicans. Lilly employees have given $45,000 to Biden and $13,000 to Trump, according to CRP.

Biden does not accept donations from corporate PACs; all his Regeneron, Lilly and Gilead dollars came from their employees.

Much of this year’s overall pharma shift to Democrats comes in the presidential race. KHN’s Pharma Cash to Congress data tracking sitting members still shows a preference this cycle of pharma PACs targeting congressional Republicans, $6 million so far compared with $4.7 million given to Democrats.

“Joe Biden has Big Pharma — as well as Big Tech and big banks — in his pocket because he’s worked for them for nearly 50 years, rather than the American people,” said Samantha Zager, a spokesperson for the Trump campaign.

On the campaign trail, Biden has focused largely on improving health insurance. But he also proposes letting Medicare negotiate drug prices, tying drug-price increases to inflation and allowing patients to buy imported pharmaceuticals.

Biden “will further reduce health care costs while expanding coverage, end practices like surprise billing, lower premiums and stand up to abuses of power by prescription drug companies,” said campaign spokesperson Rosemary Boeglin.

Before Trump took office, he said pharma companies were “getting away with murder” over the prices they charge. Despite the president’s claims and promises, he has done little to lower prescription drug prices, according to experts and fact-checkers.

A Trump executive order this month would require Medicare to pay no more for drugs than other developed nations, but it starts with a test program and could take months or years to implement.

Pharma companies were among the biggest beneficiaries of Trump’s 2017 tax cut, saving billions by being able to bring home untaxed foreign cash and billions more in lower rates.

KHN data editor Elizabeth Lucas contributed to this report.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

The week that Donald Trump lost the election

After the debate, he couldn’t hide what an asshole he is. After he got sick, he couldn’t hide how weak he is. 

Trump was already down in the polls, both nationally and in many swing states, and after his unhinged performance in the debate with Joe Biden last week, his people knew he would lose more ground. Sure enough, two days later, an NBC/Wall Street Journal national poll had Biden up by 14 points, 53% to 39%, among registered voters. Biden’s margin among women was 20 points last month; in the new poll, he led by 27, 60% to 33%. 

A CNN poll conducted at the same time, and largely after Trump first tested positive for the COVID virus, had Biden up over Trump by 16 points, 57% to 41%. Women in the CNN poll, who a month ago favored Biden by 20 points, now favored him by 34 points, 66% to 32%.

By last weekend, Trump was tanking in the polls, he was sick with COVID and he was in the hospital. So what did he do? Almost immediately after leaving Walter Reed Medical Center and making his mock-Mussolini triumphant return to the White House, he tweeted an end to any possible new stimulus package for COVID relief, calling off negotiations with Democrats. 

There are more than 213,000 dead from the virus, new coronavirus cases are averaging 45,000 a day over the last week, and there were 53,000 new cases on Thursday alone. According to National Geographic, “the virus is spreading uncontrollably” in the Midwest, new cases are up in 15 states, and “deaths are still hovering around 900 to 1000 a day.” 

Schools are shutting down in some places after reopening in August and September, some cities are closing bars and restaurants, and there were 840,000 new claims for unemployment last week. 

This is the COVID election, folks. 

But Trump has treated the virus with disdain and “played it down” from the beginning. First, he denied it was a problem at all and tried to wish it away. On Feb. 26, he said, “When you have 15 people, and the 15 within a couple of days is going to be down to close to zero, that’s a pretty good job we’ve done.” Thirty-four times, Trump has said the virus was going to “go away” or “disappear.” He and members of his administration, including Vice President Mike Pence, outright refused to wear masks to protect themselves and others around them, most recently at the infamous “super-spreader” Rose Garden announcement of Amy Coney Barrett’s nomination to the Supreme Court. His own family flouted the mask rule at the debate with Joe Biden.

Now, with more than 30 people in his own White House testing positive for COVID, including himself, Trump is trying to play down the virus’s ability to kill. 

In a bizarre video made at the White House just after his release from Walter Reed, Trump told people “don’t be afraid” of the virus, and “don’t let it dominate you.” It was pure, unadulterated macho posturing and angry denialism, an obsession with appearance over reality, a version of “strength” in quotes that he seems to have absorbed from Cold War era dictators and Lone Ranger-style go-your-own-way westerns. You have the feeling that every day he wakes up and sees himself as George C. Scott in “Patton,” standing alone in front of a gigantic American flag, growling a bunch of macho nonsense. 

But think about it: He had a perfect opportunity to pivot and put himself on a course to win this election going away. Instead of standing on the balcony of the White House and saluting God-only-knows-what, Trump could have used the occasion of his COVID infection to change his tone. and, He could have kept his mask on and made a short video in which he told his fellow Americans, OK. I get it. I caught the virus, and it’s a really bad thing, and here’s what we can do together to put this thing away for good.

Instead of goading his base to follow him over a cliff, he could have sought out and doubtlessly received their sympathy and support. He could have looked into the eye of the camera and said that getting sick with the virus has made him understand how tough it’s been on everyone. I realize that I’ve had the privilege of the best health care in America at Walter Reed, treatments that are not normally available. And for that reason, from now on, we’re going to cover COVID for everyone. All testing for the virus will be free, and the federal government will cover 100 percent of the cost of treating everyone who comes down with the virus. Vaccines, when available, will be given for free, and every new drug developed to treat the virus will be provided to patients for free. 

Then he could have announced that he was going to pick up the phone and make a deal for $3 trillion to help his fellow Americans cope with the fallout from the virus. He could have agreed to restart supplemental unemployment payments, provide help to state and local governments to make up for reduced tax revenues, send out new checks to every taxpayer for another $1,200, include help for the airlines, provide tax relief and send cash to small business owners to get them through the next few months until a vaccine can begin to reopen normal business for everyone. He could even have included a couple hundred billion specifically ear-marked for child care to make a direct appeal to the women whose support he has sand-blasted away from himself every time he opens his mouth. 

Sure, it would have blown up the deficit, but it’s not his money, and the deficit has already been exploded not once but twice, with his only-for-the zillionaires tax cut and the last stimulus bill. Republicans facing re-election battles at least as tough as Trump’s, or worse, would have embraced his Big Giveaway with open arms. It would have been like dropping trillions of dollars into the campaign chest of the Republican Party. Democrats, who have already passed a $2.2 trillion bill in the House, would have been forced to go along with it. Trump could have put his name on the whole thing, and Biden would have been left to endorse a plan he knew would benefit his opponent far more than himself and his fellow Democrats.

That’s the way Trump could have turned his illness into his October surprise. Instead of running from reality, he could have embraced it. He could have confronted the virus he has lied about for nine months and transformed a hit on himself into help for everyone else. 

Instead, he’s troweling on the pancake makeup and telling lies about how long he’s had the virus and how many more White House staffers have tested positive, and now he’s refusing to debate Joe Biden in front of 80 million voters he absolutely needs to pull himself out of the hole he’s dug. With only three weeks to go, this is the one we’ll look back on as the week Donald Trump lost the election.

How Congress could decide the 2020 election

If the the 2020 U.S. presidential election is contested, both campaigns are preparing to take the matter to court. But the Founding Fathers meant for Congress to be the backup plan if the Electoral College did not produce a winner.

Generally, the framers sought to avoid congressional involvement in presidential elections. They wanted an independent executive who could resist ill-considered legislation and would not care about currying favor with members of Congress, as James Ceaser explained in his definitive 1980 text, “Presidential Selection.”

That’s why they created the Electoral College, assigning to state legislatures the responsibility for choosing “electors” who then determine the president.

But the framers could foresee circumstances – namely, a fragmented race between little-known politicians – where no presidential candidate would secure an Electoral College majority. Reluctantly, they assigned the House of Representatives to step in if that happened – presumably because as the institution closest to the people, it could bestow some democratic legitimacy on a “contingent election.”

Tied or contested election

The founders proved prescient: The elections of 1800 and 1824 did not produce winners in the Electoral College and were decided by the House. Thomas Jefferson was chosen in 1800 and John Quincy Adams in 1824.

Over time, the development of a two-party system with national nominating conventions – which allows parties to broker coalitions and unite behind a single presidential candidate – has basically ensured that the Electoral College produces a winner. Though the Electoral College has changed significantly since the 18th century, it has mostly kept Congress out of presidential selection.

As a professor who has taught courses on presidential elections for two decades, however, I can see scenarios in which Congress gets involved in the 2020 election.

A tie in the Electoral College remains a possibility, however remote. There are 538 electors, so a minimum majority to win is 270. The website 270toWin lists 64 hypothetical scenarios in which both Joe Biden and Donald Trump could get 269 electors. That would throw the election to the House.

Though the House has a Democratic majority, such an outcome would almost certainly benefit Trump.

Here’s why: In a concession to small states concerned their voices would be marginalized if the House was called upon to choose the president, the founders gave only one vote to each state. House delegations from each state meet to decide how to cast their single vote.

That voting procedure gives equal representation to California – population 40 million – and Wyoming, population 600,000.

Currently, this arrangement favors the Republicans. The GOP dominates the delegations from 26 states – exactly the number required to reach a majority under the rules of House presidential selection. But it’s not the current House that would decide a contested 2020 election. It is the newly elected House that would choose the president. So the outcome depends on congressional races.

One more caveat: Split decisions are considered abstentions, so states that cannot reach an agreement would be counted out.

Congressional commission

Another way Congress could become involved in the 2020 election is if there are disputes about the vote totals in various states. Given the spike in mail-in voting during the pandemic, threats of foreign interference and controversies over voter suppression, uncertainty after Nov. 3 seems likely.

Perhaps the most relevant precedent for that scenario is the 1876 election between Democrat Samuel Tilden and Republican Rutherford B. Hayes. That election saw disputed returns in four states – Florida, South Carolina, Louisiana and Oregon – with a total of 20 electoral votes.

Excluding those 20 disputed electors, Tilden had 184 pledged electors of the 185 needed for victory in the Electoral College; Hayes had 165. Tilden was clearly the front-runner – but Hayes would win if all the contested votes went for him.

Because of a post-Civil War rule allowing Congress – read, Northern Republicans worried about Black voter suppression – to dispute the vote count in Southern states and bypass local courts, Congress established a commission to resolve the disputed 1876 returns.

As Michael Holt writes in his examination of the 1876 election, the 15-member commission had five House representatives, five senators and five Supreme Court justices. Fourteen of the commissioners had identifiable partisan leanings: seven Democrats and seven Republicans. The 15th member was a justice known for his impartiality.

Hope of a nonpartisan outcome was dashed when the one impartial commissioner resigned and was replaced by a Republican judge. The commission voted along party lines to give all 20 disputed electors to Hayes.

To prevent the Democratic-dominated Senate from derailing Hayes’ single-vote triumph over Tilden by refusing to confirm its decision, Republicans were forced to make a deal: Abandon Reconstruction, their policy of Black political and economic inclusion in the post-Civil War South. This paved the way for Jim Crow segregation.

Bush v. Gore

The 2000 election offers the only modern precedent for contested vote returns.

George W. Bush and Al Gore argued for a month over Bush’s slim, 327-vote advantage in Florida’s second machine recount. After a lawsuit in state courts, this political and legal battle was decided by the Supreme Court in December 2000, in Bush v. Gore.

But Bush v. Gore was never intended to set a precedent. In it, the justices explicitly stated “our consideration is limited to the present circumstances.” Indeed, the court could have concluded that the issues presented were political, not legal, and declined to hear the case.

In that case, the House would have decided the 2000 election. The Electoral College must cast its ballots on the first Monday after the second Wednesday in December – this year, Dec. 14. If disputed state vote totals are not resolved by six days prior to that date, Congress can step in, under the 1887 Electoral Account Act. This could have happened in 2000, and it is an imaginable outcome in 2020.

The best bet for American democracy, history shows, is a clear and decisive victory in the Electoral College, as the framers intended.

Donald Brand, Professor, College of the Holy Cross

This article is republished from The Conversation under a Creative Commons license.

Trump broke debate rules and didn’t get tested: White House stonewalling gives it away

Donald Trump recklessly and corruptly violated agreed-upon presidential debate commission rules by not getting tested for COVID-19 shortly before the Sept. 29 debate in Cleveland.

That’s the obvious conclusion from the White House’s relentless stonewalling about when he last tested negative. And it’s time the news media said so.

The latest in an unending series of unbearably blatant dodges came Friday morning, when NBC News White House correspondent Hallie Jackson elicited maybe the smarmiest stonewall yet. She asked six times!

I should be clear: Journalists should keep digging. In fact, it would be great if our elite White House reporters went back to the “sources” they have so assiduously fluffed and granted anonymity to over the last three-plus years and demanded a little payback. Like: “Tell us the truth — now — while it still matters.”

But it’s entirely reasonable for our top news organizations to report at this point that the White House’s continued refusal to provide simple, basic information leads to the inescapable conclusion that Trump had not been tested recently and that -– in the absence of any evidence to the contrary — he certainly wasn’t tested before the debate.

That’s actually the most innocuous possibility.

There are considerably more heinous possibilities, including that he stopped getting tested weeks or months ago simply out of spite, or that he actually had symptoms before the debate, or that he tested positive on a rapid-response test long before the official announcement but the White House didn’t consider that definitive.

But his decision to attend the Cleveland debate without being tested, which is now incontrovertible, is heinous enough.

It speaks volumes about Trump’s level of personal responsibility.

Does he feel any at all? What he did was dangerous to everyone around him. He could have killed Joe Biden. This is not the sort of thing a normal, moral person would do — not to mention someone in a leadership role.

It also speaks to the willingness of Trump’s White House staff to mislead and lie. “The one thing they have been saying repeatedly throughout the last several weeks and months of this pandemic is that he is tested very regularly,” Reuters reporter Jeff Mason told Democracy Now on Monday. “I think many people assume that that would mean that he is tested on a daily basis, which would have included that Tuesday of that debate.”

The White House also evidently lied to the debate commission and the Cleveland Clinic, which was supervising safety measures. As Benjamin Siegel reported for ABC News, “both campaigns certified to debate organizers that the candidates and everyone who traveled with them to Cleveland tested negative within 72 hours of the debate.”

Siegel wrote:

Debate organizers required the Biden and Trump campaigns’ medical teams to test the candidates and their traveling parties within 72 hours of last Tuesday’s debate, and “certify” to the Cleveland Clinic that each person traveling tested negative within that window.

“Each campaign complied with this requirement,” the clinic, which partnered with the Commission on Presidential Debates to stage the debate, said in a statement.

Specifically, each campaign provided a list of names and the results of their test, clinic spokesperson Angie Kiska told ABC News.

White House spokesperson Judd Deere also lied to reporters on Oct. 1. BuzzFeed reported that “Deere said Friday that everyone who traveled on Air Force One to Tuesday’s debate was tested that day, but did not provide further details about the testing and did not answer a question about how that was communicated to the clinic.”

As debate moderator Chris Wallace explained after Trump’s announcement that he was infected, everyone at the debate other than the candidates and their entourages was physically tested by the Cleveland Clinic. The candidates were on the “honor system.”

Even as Trump was potentially spreading the virus onstage, he mocked Biden for his mask wearing — and most of Trump’s contingent in the audience, including his adult children and senior staff, violated commission rules by taking off their masks.

Does it matter?

Given all the other outrageous things Trump has done in the 10 days since the debate — his joyride outside Walter Reed with captive Secret Service agents, his gasping Mussolini-esque salute from the White House balcony, his preposterous claim that there is a cure, his abrupt reversals on a new stimulus bill and his mad string of tweets, just for starters — is the fact that Trump went to the debate untested really that big a deal?

I asked my Twitter followers and they seemed to think so.

As I argued on Monday, it’s worth paying particular attention to the questions the White House is refusing to answer the hardest. The No. 1 question they are refusing to answer, by far, is when the president last tested negative.

Maybe they think this one could really hurt.

Maybe they’ve done focus groups, and found that it hurts him with undecideds, or even with his base.

Maybe they realize how indefensible his conduct was, and how potent a symbol it is of his overall failure to contain the virus.

Maybe they’re right.

How Donald Trump intends to weaponize the Supreme Court against ordinary Americans

As a union griever, Jason Haynes fought constant battles against employers ever ready to cheat workers out of overtime pay and other hard-earned benefits.

He’s also seen firsthand how greedy corporations and their Republican cronies relentlessly erode labor protections at the state and national levels, making it increasingly difficult not only for Americans to organize but for union members to exercise long-held rights.

Now, Haynes fears the addition of anti-worker Judge Amy Coney Barrett to the right-wing-dominated Supreme Court will help the rich tighten their stranglehold on working people.

Donald Trump nominated Barrett to weaponize the nation’s most important court against ordinary Americans. Her confirmation would give the court’s right-wingers a 6-3 majority. And because she refuses to adhere to precedent, Barrett could provide a crucial vote on cases potentially overturning organizing rights, rolling back labor protections and dealing other setbacks to workers.

“Having her on there is definitely not going to do any favors for labor, that’s for sure,” observed Haynes, a member of United Steelworkers (USW) Local 6787 who works at ArcelorMittal’s Burns Harbor, Indiana, site.

“Labor rights are imperative to giving us a seat at the table,” he noted. “If we’re not sitting at the table, we’re on the menu. Our rights are the only leverage we have.”

With Senate Majority Leader Mitch McConnell and his GOP minions determined to ram through her confirmation, Barrett appears to have a lock on the vacancy created by Ruth Bader Ginsburg’s death.

But while the 48-year-old Barrett may take Ginsburg’s seat, she’ll never fill her shoes. Ginsburg devoted her career to advancing the interests of women and workers, even as Barrett used her power to tear them down.

As a judge on the U.S. Court of Appeals for the 7th Circuit since 2017, Barrett has consistently favored corporations over the workers and twisted laws to the breaking point in support of her opinions.

Citing a law that exempts over-the-road truckers from overtime for safety reasons, for example, Barrett ruled against workers who sued a transportation company that refused to pay them for extra hours they logged. Even though the Wisconsin company exclusively assigned the workers to yard duty, in which they used tractors to pull trailers short distances between warehouses, Barrett ruled they qualified as truckers engaged in interstate commerce. And that left them ineligible for overtime no matter how many hours their bosses required them to work.

Overtime may not mean much to a highly paid federal judge. But Haynes, who represented USW members in overtime disputes when he served as a griever at union shops in New York, said extra pay for extra work is not only fair but a game-changer for many struggling American families.

“It’s the difference between making your rent or not,” he explained. “It’s the difference between a spouse getting a second job or not. It’s the difference between putting your children in a safer daycare or not.”

As if denying overtime on such flimsy grounds weren’t bad enough, Barrett used exactly the opposite argument in ruling against Grubhub delivery drivers who were fighting to secure labor rights for themselves and other gig workers.

The drivers claimed Grubhub misclassified them as contractors—when they were really employees—and refused to pay them minimum wages and other benefits. Grubhub wanted to resolve the disputes through arbitration proceedings with individual drivers. But the drivers, noting federal law exempts many transportation workers from arbitration, filed a class-action lawsuit instead.

A victory not only would have delivered justice to the drivers but helped other gig workers finally win labor rights, decent pay and fair working conditions. But Barrett threw out the suit as Grubhub demanded, ruling the drivers had to accept arbitration. Delivering meals just short distances, she ruled, failed to make them transportation workers with the right to file a lawsuit.

“I believe this lady is going to try to destroy our unions,” warned Dottie Kotansky, a retired member of USW Local 8567 in Hazleton, Pennsylvania, noting Barrett will fit right in with the right-wing Supreme Court majority that’s already delivered many partisan decisionsbenefiting corporations at the expense of workers.

Kotansky, a member of the Steelworkers Organization of Active Retirees (SOAR) who has encouraged fast-food employees to unionize, worries that Barrett will continue to suppress gig workers and other poorly paid Americans who need union protections now more than ever.

But she also fears Barrett’s addition to the court will embolden the ever-stronger conservative faction to issue more rulings “just like Janus” aimed at decimating unions that already exist.

In the 2018 Janus v. AFSCME decision, the right-wing majority overturned four decades of precedent when it ruled that public-sector workers don’t have to pay dues or even smaller “fair-share” fees to the unions legally bound to represent them.

By encouraging workers to freeload, the justices hoped to starve unions of funds and kill them. Although the justices ultimately failed to inflict the damage they desired, the ruling dealt labor an ominous turn.

“We’re constantly under attack,” Haynes pointed out. “Any time we have to give up something, it’s nearly impossible to get it back.”

Barrett poses extra danger because she’s a wild card.

Most justices respect the rulings made by their predecessors and seldom vote to reverse them. But Barrett has no reservations about overturning previous decisions and upending the law. That potentially puts the nation’s entire body of labor rights—even the most fundamental protections provided in the landmark 1935 National Labor Relations Act—at risk.

Haynes worries that the voices of ordinary Americans will be drowned out as the court adopts an increasingly corporate-friendly agenda. Because of Barrett’s relative youth, he said, she could wreak damage for generations.

“My grandchildren might suffer from the decisions she makes,” Haynes said.

Bill Barr is setting the stage to interfere in the election — and set a “dangerous” precedent

U.S. Attorney General William Barr, one of President Donald Trump’s most aggressive loyalists in Washington, D.C., has joined the president in claiming that mail-in voting encourages voter fraud. Reporter Jerry Lambe, in an article published by Law & Crime on October 7, discusses some of the reactions that legal experts have had to Barr’s comments — noting that some of them believe he is setting a troubling precedent by interfering in an election.

Citing reporting from ProPublica, Lambe explains that the U.S. Department of Justice has “advised U.S. attorneys’ offices that a longstanding policy prohibiting the Department from interfering in U.S. elections will no longer preclude prosecutors who suspect election fraud from taking public investigative steps, even in the hours before polls close on November 3.”

The DOJ’s Public Integrity Section, according to Lambe, sent out an e-mail on Friday, October 2 announcing an “exception to the general non-interference policy” if a U.S. attorney suspects fraud involving postal workers or employees of the U.S. military. That exception, the e-mail said, applies to circumstances in which “the integrity of any component of the federal government is implicated by election offenses within the scope of the policy, including, but not limited, to misconduct by federal officials or employees administering an aspect of the voting process through the United States Postal Service, the Department of Defense or any other federal department or agency.”

During an interview with the Chicago Tribune in September, Barr claimed that voting by mail would encourage the “business of selling and buying votes.”

Barr’s critics are arguing that it is wildly inappropriate for him to interfere in an election. Attorney Daniel Goldman, who advised House Democrats during the impeachment inquiries against Trump, tweeted, “Every DOJ prosecutor and agent must remember that they represent the United States of America, not Bill Barr or Donald Trump. There is no place in our system of justice for the DOJ to interfere in elections, which this policy change is designed to do.”

Justin Levitt, a professor at Loyola Law School and a former deputy assistant attorney general in the DOJ’s civil rights division, described Barr’s actions as “profoundly counterproductive.” And attorney Matthew Miller, a security analyst for MSNBC, slammed the exception as a “dangerous foreshadowing of what Barr has planned.”

Trump dodges tough questions on his health during rambling interview on Tucker Carlson’s show

Donald Trump’s appearance on Tucker Carlson’s Fox News show, less than a week since the president returned from being hospitalized for COVID-19, revealed very little about Trump’s health or infectiousness. Yet unintentionally,  the president seems to have dropped some clues about the seriousness of his condition during the rambling, tangent-ridden interview.

The interview on “Tucker Carlson Tonight” was conducted by Dr. Marc Siegel, a Fox News contributor who has defended Trump’s poor handling of the American coronavirus outbreak, compared the pandemic to the flu and in 2016 raised concerns about the neurological health of then-Democratic nominee Hillary Clinton despite never having examined her in person.

Carlson set a hagiographic tone for the segment at the beginning, describing Trump’s supposed “remarkable turnaround” before allowing Siegel to conduct the interview. The two were not in the same room: Siegel was in a studio and Trump was in the White House, being filmed separately. Trump and Siegel’s conversation wandered, from Trump blaming China for the virus and repeatedly mentioning Regeneron (a company that gave him an experimental drug and with which he has personal ties) to describing himself as “very strong,” offering to donate his plasma and claiming that he has improved faster and better than others who have had COVID-19.

Despite these attempts to project that he was “virile,” Trump admitted that the disease had made him feel “tired,” adding that “my life is based a little bit on energy and I didn’t have it.” While downplaying his symptoms, however, Trump promised to freely give away the drugs that he has previously claimed constituted a “cure” for him. (Curiously, Trump has been consistently opposed to universal healthcare policies that might make such drugs free and accessible, though he was treated by the military healthcare system that has been likened to an exclusive form of universal healthcare).

Trump also stated that was “medication-free.” “I’m not taking any medications as of eight hours ago,” he claimed.

Trump also claimed that his Secret Service agents did not mind his Walter Reed hospital drive-by, which involved close physical contact with the security detail. Some current and former Secret Service agents interviewed by CNN were “frustrated” by Trump’s publicity stunt. “We’re not disposable,” one said.

Trump declined to say if he had received a test for the virus today that might definitively say if he had cleared the virus from his system. “I have been retested and I haven’t even found out numbers or anything yet …. I’m at either the bottom of the scale or free,” the president said. Based on reports of infections, the CDC recommends that those who have had COVID-19 refrain from being around others until at least 10 days since their first symptoms appeared and 24 hours since their fever waned without the use of “fever-reducing medications.”

Trump also denied experiencing any of the psychological symptoms that frequently accompany dexamethasone, the steroid that he is using to stop his immune system from destroying his infected lungs.

“The interview yielded little useful clinical information,” Dr. Georges Benjamin, executive director of the American Public Health Association (APHA) and former secretary of health in Maryland, wrote to Salon about the Siegel-Trump exchange. “The physician interviewer asked questions that were superficial and President Trump gave no specific answers.  He did admit to getting a CAT scan but we are not sure of what body part. He also said he got a lung test but no specific insight into what test. I suspect it was a breathing test since he said they told him he could keep his jacket on. He did not seem out of breath but he did not exert himself during the interview. Basically no new information.”

One expert who spoke to Salon said that, based on Trump’s self-described symptoms, there is reason for concern about whether he could infect other people.

“Based on the limited public data available, and the President’s own description of imaging results and tests tonight, we must assume that he presented to Walter Reed Hospital with a severe case of COVID-19 as defined by the Center for Disease Control,” Dr. Russell Medford, Chairman of the Center for Global Health Innovation and Global Health Crisis Coordination Center, told Salon by email. “The CDC’s own guidelines advise that patients with severe disease may be infectious for up to 20 days after symptom onset.”

He added, “To release the President earlier should require the President’s physician to provide the necessary assurances that the President is no longer infectious and to consider releasing the key medical information that supports those assurances.”

The Commission on Presidential Debates cancelled the second scheduled event between Trump and Biden earlier on Friday, after Trump refused to do a virtual debate that would prevent Trump from spreading the virus. While Biden had been willing to debate Trump virtually, the president insisted that the two men had to meet in person. Because both Biden and Trump are men in their 70s, they are at a higher risk of dying from COVID-19.

In VP debate, Pence and Harris offer conflicting views of nation’s reality

The Trump administration’s pandemic response: decisive action that saved lives, or the greatest failure of any presidential administration? During Wednesday’s vice presidential debate, Vice President Mike Pence and the Democratic challenger, Sen. Kamala Harris of California, offered drastically different takes — from behind plexiglass screens — on how the president has handled the COVID-19 crisis.

Pence touted problematic claims, such as that President Donald Trump’s ban on travel from China helped the nation respond to the coronavirus (PolitiFact rated a similar claim “False”) and that the country would have a vaccine in less than a year (the director of the Centers for Disease Control and Prevention said a vaccine, yet to be approved, will not be widely available until next year).

Harris said the Trump administration misled the public about how serious the virus is, pointing to briefings Trump and Pence received in January. Trump told journalist Bob Woodward in a recorded interview that he purposely downplayed it.

Our partners at PolitiFact broke down a whole gamut of claims — on fracking, the economic recovery and the Supreme Court. The highlights regarding health care and coronavirus policies follow:

Kamala Harris: “The president said [the coronavirus] was a hoax.”Rating: False

This often-repeated statement falsely attributed to Trump has its roots in a Feb. 28 rally in North Carolina. But it’s a mischaracterization of what he actually said, which was an attack on Democrats’ response to the virus.

Trump cast the Democrats’ criticism of his work as foisting a hoax on the public. “They tried the impeachment hoax,” he said. “That was not a perfect conversation. They tried anything. They tried it over and over. They’d been doing it since you got in. It’s all turning. They lost. It’s all turning. Think of it. Think of it. And this is their new hoax.”

Mike Pence: The Rose Garden event with Judge Amy Coney Barrett “was an outdoor event, which all of our scientists regularly and routinely advised.”Wrong

The event included an indoor component, during which Trump, Barrett and others posed for photos without masks. Public health officials do say outdoor activities are less risky — provided masks are worn — than indoor events, where it might be harder to keep people apart and there’s less ventilation. But attendees of the Sept. 26 White House event for the nomination of Barrett to the Supreme Court did not practice social distancing, and many did not wear masks throughout the event.

Pence: Trump “suspended all travel from China. … Joe Biden opposed that decision. He called it xenophobic and hysterical.”Misleading

There were exemptions in Trump’s travel restrictions on China. On Jan. 21, the CDC confirmed the first U.S. case of the new coronavirus: a patient in Washington state who had traveled from Wuhan, China. On Jan. 31, the Trump administration announced a ban on travelers from China, but it exempted several categories of people, including U.S. citizens and lawful permanent residents. It took effect Feb. 2.

According to The New York Times, about 40,000 people traveled from China to the United States in the two months after Trump announced travel restrictions, and 60% of people on direct flights from China were not U.S. citizens.

As for the “xenophobic and hysterical” comment, Biden has not directly said the travel restrictions were xenophobic. Around the time the Trump administration announced the restrictions, Biden said Trump had a “record of hysteria, xenophobia and fearmongering.” Biden also used the word “xenophobic” in reply to a Trump tweet about limiting entry to travelers from China in which the president described the coronavirus as the “Chinese virus.”

Harris: Obama “created within the White House an office that basically was responsible for monitoring pandemics. They got rid of it. There was a team of disease experts that President Obama and Vice President Biden dispatched to China to monitor what is now predictable and what might happen. They pulled them out.” Largely accurate

Harris described two pieces of Washington’s operation to protect against new viral threats. There was a division within the White House National Security Council. And there was a CDC office in China.

In May 2018, the top White House official in charge of the U.S. response to pandemics left the administration. Then-national security adviser John Bolton reorganized the White House global health team. Homeland security adviser Tom Bossert, who recommended strong defenses against disease and biological warfare, had left in April 2018. Neither Bossert nor the official overseeing the U.S. pandemic response was replaced. Nor were their teams, some of whose responsibilities were farmed out to other corners of the administration.

In China, the CDC program specifically charged with spotting new infectious diseases went from four American staff members in 2017 to none by 2019.

Pence: Biden’s “own chief of staff, Ron Klain, would say last year that it was pure luck, that they did everything possible wrong [with H1N1]. And we learned from that.”Needs context

Klain, Biden’s former chief of staff, spoke about H1N1 during a biosecurity conference in May 2019: “A bunch of really talented, really great people working on it, and we did every possible thing wrong. And it’s, you know, 60 million Americans got H1N1 in that period of time. And it’s just purely a fortuity that this isn’t one of the great mass casualty events in American history. It had nothing to do with us doing anything right. It just had to do with luck.”

Klain has since told Politico and FactCheck.org that his comments were taken out of context, and that they were specifically in reference to the Obama administration’s difficulties meeting the public demand for an H1N1 vaccine. He was not talking about Biden directly.

Pence: The Obama administration “left the strategic national stockpile empty.”Rating: Mostly False

The Obama administration did not leave an “empty” national stockpile. Just months before COVID cases popped up in the U.S., the former director of the stockpile described it as an $8 billion enterprise with extensive holdings of many needed items. But N95 masks, for example, had been depleted after the H1N1 outbreak in 2009.

Pence: On the nation’s COVID response, “the reality is, when you look at the Biden plan, it reads an awful lot like what President Trump and I and our task force have been doing every step of the way.”Misleading

At first glance, the Biden plan does track closely with some of the talking points advanced by the Trump administration: the need to develop and distribute a vaccine, provide COVID tests free, reduce costs for COVID treatments, and produce necessary protective equipment and ventilators. But Biden’s plan proposes many other priorities that the Trump administration has not pursued. Biden also has, throughout the campaign, followed recommendations about mask-wearing and social distancing that the administration has defied — a pattern that’s being blamed for Trump’s own infection with COVID-19 and the outbreak at the White House.

Pence: The Obama administration “left an empty and hollow plan.”Misleading

The Obama administration left a “playbook” that detailed steps to take in the event of an infectious disease outbreak. The 69-page document from 2016 was a National Security Council guidebook created to assist leaders “in coordinating a complex U.S. government response to a high-consequence emerging disease threat anywhere in the world.”

Harris: “Today they still don’t have a plan” to deal with the pandemic.Needs context

Biden said the same thing during the first presidential debate. The Trump administration does have a plan to distribute vaccines once they are produced. But experts say the administration has failed to produce a national testing plan or a national strategy to address the COVID pandemic. The administration maintains its emphasis has been on helping the economy reopen. However, it has fallen short in executing a coordinated response between the federal government and states to combat the coronavirus. More than 210,000 Americans have died of COVID-19, more deaths than in any other country.

Pence (to Harris): “The fact that you continue to undermine public confidence in a vaccine, if a vaccine emerges during the Trump administration, I think is unconscionable.”Needs context

Harris said during the debate that she would not take Trump’s word that a vaccine is effective, insisting she would instead trust the opinion of an expert, such as Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases: “I will be the first in line to take it, absolutely.” Harris recently suggested Trump would push a vaccine before it was ready to help his electoral chances. But Harris is voicing concerns shared by many Americans. Last month, a Pew poll found Americans are divided on whether to get a COVID vaccine, with 78% saying they are worried it will be approved too quickly.

Harris: “The president hasn’t been transparent in terms of health records.” Accurate

After Trump announced his COVID diagnosis and was admitted to Walter Reed National Military Medical Center for treatment, his physician, Dr. Sean Conley, briefed reporters on the president’s health. Conley provided selective information and declined to answer questions, such as when the president first tested positive for the disease or the condition of his lungs. Conley said he couldn’t share this information, citing HIPAA — the Health Insurance Portability and Accountability Act of 1996. Experts told us HIPAA does prohibit Conley from sharing any health information the president hasn’t authorized him to share. However, if Trump wanted his doctor to be transparent, he could waive HIPAA protections. Beyond the recent questions about his COVID infection, Trump has shared less general health information than past presidents. But no law requires presidents to disclose information about their health.

Pence: Biden and Harris support abortion “all the way up to the moment of birth.”Misleading

Biden and Harris have not said they support abortion up to the moment of birth. They say they support Roe v. Wade, the landmark Supreme Court case that legalized abortion while giving states the ability to regulate it after a certain point. Biden and Harris say they want to codify Roe v. Wade into law and are against state laws that they say violate the rulings in the case. Supporting Roe is not the same as supporting abortion up to the moment of birth, experts say.

“Because Roe allows states to prohibit abortion once a fetus is viable, agreement with the case does not indicate support for abortions ‘up to the moment of birth,'” said Darren Hutchinson, a professor at the University of Florida’s Levin College of Law.

KHN reporters Emmarie Huetteman and Victoria Knight and PolitiFact staff writers Daniel Funke, Jon Greenberg, Louis Jacobson, Noah Y. Kim, Bill McCarthy, Samantha Putterman, Amy Sherman and Miriam Valverde contributed to this report.

We need Larry Wilmore and Amber Ruffin for the hard truths we’re too chickensh*t to tackle

Slightly past the midway point of “The Amber Ruffin Show” premiere, the irrepressibly jolly host sits down for a serious moment.

“Because I have my own show, I have a responsibility to say things that people need to know but that aren’t being said,” she explains. “It’s a cool opportunity that I don’t take lightly. There are very big obvious truths no one wants to say on TV, but I will.”

People who recognize Ruffin from her guest segments on “Late Night with Seth Meyers,” where she’s worked as writer since 2014, understand that she could be teeing up to just about anything. Ruffin’s comedy claim to fame is to envelop hard truths in a bubble wrap of perkiness. An early memorable appearance of hers on “Late Night” was a post-2016 election bit where she appeared under the auspices of offering a message of hope to  Hillary Clinton’s shocked white supporters.

That message? “Join in the fun!” she said, the “fun” being our nation’s rampant sexism and racism to which they’d previously turned a blind eye. She said this time and again while smiling brightly, dancing and explaining that Black Americans have been dealing with this animus all along.

Four long, trying years later, about half the country is buckling under the weight of So! Much! Fun! And we need Ruffin’s brand of humor. By the time she sits down to address her “Ruffin” viewers, she and her announcer Tarik Davis have already bounced through sketches featuring A White Forgiveness Clock, which sets a goal of 48 hours for white Americans to go without a single transgression against Black folks in order to attain forgiveness (you can guess how well that goes); a visit with Fun Auntie; and a random bit that turns into an ode to Mary J. Blige – because she can.

Here, Ruffin takes a deep breath. “So, I can’t believe I have to say this but . . . you matter. Even though there are protests against having you around, or making sure you’re cared for or have rights, you matter. Even though some people are going to hate your guts just for fun, and I’m sorry, it doesn’t change the fact that you matter.”

She goes on in the same somber tone: “And another thing. I can’t believe I have to say this, but – old women in New York City, stop cutting in line and being like, ‘Whuuuut? Meee? I didn’t knoooow!’ I know you know! You’ve been on this Earth a thousand years but you don’t know what a line is? Please!” And there it is, that bubble wrap.

“The Amber Ruffin Show” and Larry Wilmore‘s new interview series, “Wilmore,” both had relatively quiet debuts on NBC Universal’s new streaming service Peacock – I should say, they were compared to the loud fanfare that tends to accompany the rollout of talk variety series that premiere on network, cable or even more established streaming services. That said, Ruffin and Wilmore’s streaming forebears, specifically talk series hosted by Sarah Silverman (on Hulu), Michelle Wolf, and Hasan Minhaj, (both on Netflix) have all been canceled.

Wilmore knows a little something about what that feels like; Comedy Central unceremoniously canceled his groundbreaking series “The Nightly Show” only weeks before to the November 2016 election. That makes the debut of “Wilmore” kind of a culmination of a goal deferred for four years.

“The Nightly Show” was designed by its creator Jon Stewart to spur conversations about race, class and gender into a late night talk show format, and it also made history in making “A Black Lady Sketch Show creator Robin Thede the first Black woman to be named the head writer of a talk variety series. But apparently it either wasn’t the right fit for Comedy Central or ahead of its time . . . by a few months.

That legacy sets a strong foundation for “Wilmore,” a series its host is approaching like a limited series, or something of an experiment. The way things are going in 2020, both it and “The Amber Ruffin Show” are at once on time and overdue.

“For the next 11 weeks, we’re here to have that conversation that America keeps saying it wants but so far has been a little chickensh*t about,” Wilmore says to the viewer in his first episode from a comfortable armchair, a tumbler of brown liquor sitting on a small table at his side. “We’ll also hold your hand through the current craziness we’re calling an election.”

Wilmore’s Peacock talk show and Ruffin’s sketch odyssey hit recognizable notes, both in terms of format and what people know about each of them.

Wilmore, who co-created “Insecure” with Issa Rae and is an executive producer on “Black-ish,” designed his eponymous program in the style of an old-school public affairs series like “The Tavis Smiley Show” or “Charlie Rose” (minus the sexual harassment allegations). In the place of sketches and bits, Wilmore arranges his monologue around thoughtful one-on-one dialogues with newsmakers and experts in a specific field or topic. Week one gave us conversations with U.S. women’s soccer co-captain Megan Rapinoe and congressional candidate Cori Bush to bring context to protests.

The second episode, about voter suppression, featured Wilmore going back and forth with U.S. Representative Katie Porter while DeRay Mckesson, and sports journalist Bomani Jones joined Episode 3 to discuss police brutality.

“The Amber Ruffin Show,” in contrast, has no guests and features no one else but the host dressing up daily frustrations common in friendly shenanigans. Like so many other comics she could have chosen to rip into Trump’s idiotic and heartless declarations that Black Lives Matter is “bad for Black” people or “our [COVID-19] numbers are better than almost all countries” in a monologue, but instead she presents a series of large drawings to humorously explain why these statements are “so false that anyone who believe [them] is ‘made of dumb.'”

To clarify what she means, Ruffin presenting an outline of a gingerbread man with the word “dumb” written in multiple spaces. “OK so, here’s their body, right? And where their head should be? It’s just a bunch of dumb. And that dumb continues all the way down to their feet. There’s some in this foot, and some in this foot, and there’s even a little bit of dumb in the belly button!”

In the second episode of “Ruffin,” she lampoons Colossal Failures in Allyship and white guys who view Black progress and achievement as occurring at their expense: a random guy named Brian marches into the empty theater where she films her show to accuse her of taking a hosting gig from him. He graduated from Harvard, after all!

Transcribing these details fails to capture Ruffin’s delivery or the singular chemistry that makes her a delightful guide through the trauma of everyday racism, two terms that would typically be at odds with each other. In attempting to describe her specific appeal, one struggles to write around terms that are typically disempowering to women like “adorable” or “spunky” or any other descriptor that would rightly merit a slap in the face. Ruffin’s plugs into them, though. They’re her power sources.

On “Late Night,” Meyers taps her to break down a flood of crazy headlines on a wide array of issues in a recurring segment called  “Amber Says What?” This is why, in the wake of George Floyd’s murder, Meyers had her share her stories about run-ins with the police with viewers – and it was effective because of the disconnect in a lot of white viewers’ minds between Ruffin – their cute TV buddy – and a person who might get wrongly arrested, brutalized or shot and killed.

“If you think about it, it’s kind of my duty to have fun,” she explains during one of those testimonials, where she recalls having a Chicago cop pull a gun on her for skipping down an alley. “Because at any time, I could get murdered by the police.”

This is that conversation America is too chickensh*t to have presented in ways that America understands and, moreover, may be willing to swallow and digest.

In “Wilmore” it occurs with the type of gentle, seen-it-all honesty that its host has always traded in. Back in 2016 I described Larry Wilmore as “an affable, well-informed figure doing his ablest to find punchlines within a never-ending parade of stories about the police shootings of unarmed Black men, the erosion of civil rights on a federal level and, among other items on the lighter menu of the world’s horrors, the unforgettable sliminess of Bill Cosby.'” I wish I could say any of this content feels out of date but miserably, all of it is evergreen. Even the Cosby part.

Without joy to cut the pain, we’d lose our minds. And without someone to say, as Ruffin does, “It is wrong for the President to incite violence against you . . . That is wrong, and you deserve better,” or “what happened to Breonna Taylor was the product of a system made to protect the oppressor. And it’s OK if that verdict knocked the air out of you,” we might lose hope. Of course, to sweeten the sorrow, she breaks into a short rant at people who freak out about spoilers.  

In summary, she says, “Spoilers don’t exist anymore, you deserve to feel safe in your own country, f*ck an old lady, and most of all, I can’t stress this enough, you matter.”

Sometimes, Ruffin admits, it’s tough to say what needs to be said. But as her show and “Wilmore” consistently prove, putting these truths out there with a frosting of humor tends to help.

New episodes of “The Amber Ruffin Show” and “Wilmore” premiere Fridays on Peacock.

Sorting through the science on breast milk and COVID-19

Since the Covid-19 pandemic struck, headlines have been full of fluids. There are droplets sprayed when we talk or cough, nasal secretions swabbed for testing, and blood checked for antibodies. But some scientists have focused on a different bodily product: breast milk.

Unlike the others, milk is a fluid made for sharing. That has raised urgent questions about its safety during the crisis, for mothers feeding babies as well as for milk banks handling donations. When an advisory panel for Australian Red Cross Lifeblood, which manages milk banking as well as blood donation, met in March, “there was a lot that was still unknown about Covid-19,” Laura Klein, a research fellow with the organization, wrote via email. “We didn’t know then if the virus could be transmitted through breast milk,” as some other viruses, including HIV and cytomegalovirus, can.

If the virus lurked in breast milk, should infected mothers give their babies formula instead? There were more unknowns. Did milk banks need to take extra precautions with donations? Did breast milk from previously infected women carry antibodies, and could those antibodies protect babies — or maybe other people?

With more than 250 papers on Covid-19 and infant feeding published since February, researchers are beginning to answer these questions, while at the same time contributing to the poorly understood field of breast milk science more generally. They’re discovering that in the time of Covid-19, breast milk is not a fluid to fear.

In the early stages of the pandemic, though, governments were highly cautious when it came to breast milk. In China, where the new coronavirus first emerged, a group of physicians and researchers developed an expert consensus on how to handle infected mothers. Published in February, the document said that infected mothers, and even those with suspected infections, should not breastfeed their babies.

As the virus spread globally, other countries were similarly cautious. In as-yet unpublished research, a team of researchers including experts from Alive & Thrive, a global organization dedicated to maternal and child nutrition, reviewed guidelines on Covid-19 and newborn care from 33 countries. They found that 49 percent either advised against breastfeeding, or created hurdles such as counseling families on the risks of breastfeeding or requiring a negative swab test first, wrote nutritionist Jennifer Cashin, one of the study authors, by email.

Another hurdle to breastfeeding arose in the United States, where the Centers for Disease Control and Prevention initially suggested separating infected mothers from their newborns. If mothers wanted to, they could pump milk for someone else to feed their babies. Although the CDC no longer recommends separation, Cashin said the original stance influenced other countries’ guidelines.

 

The authors of some of the scientific papers published this spring have also asserted that women with Covid-19 shouldn’t necessarily breastfeed. This caution came despite little evidence of danger, wrote University of North Carolina assistant professor and medical anthropologist Aunchalee Palmquist and coauthors in a commentary for the American Journal of Human Biology.

“Scientists are making recommendations without strong evidence, and many are starting with a problematic assumption,” Palmquist wrote in an email — namely, that any chance of virus in milk means women should stop breastfeeding. “The reality is that it’s just not that simple.”

She and others compare the current pandemic to the outbreak of HIV in the 1980s. At the beginning of that pandemic, researchers found the virus in breast milk, and soon infected mothers worldwide were advised not to breastfeed. But breastfeeding is especially critical for infants’ health in the developing world, where many babies die of diarrhea from unclean water, making formula a risky choice. Because HIV passes to babies through milk only infrequently, avoiding breastfeeding did more harm than good in developing countries, researchers say.

Today, the World Health Organization advises that even when mothers have Covid-19, “the benefits of breastfeeding substantially outweigh the potential risks for transmission.”

* * *

This recent caution over breast milk stems from the fact that there’s still so much about it that we don’t know. At the University of California, San Diego, researchers are collecting breast milk at a biorepository for scientific research. Their ongoing work is trying to address a huge range of unanswered questions, said Christina Chambers, a perinatal epidemiologist and professor of pediatrics at the university. For example, how does the nutrient content of breast milk vary? What medications can pass into milk, and which ones are safe for breastfeeding mothers to take? What about cannabis? How do the immune components of a mother’s milk change when her baby is sick?

With their existing networks, the scientists were well positioned to start answering the question of whether SARS-CoV-2 can spread through the breastmilk of infected women. Earlier case studies had found snippets of the new coronavirus’ genetic material in breast milk. But by the late spring, no studies had proven that milk held live virus, capable of making a baby sick.

Chambers and her coauthors collected milk from 18 women who had tested positive for Covid-19. The volunteers provided breast milk from around the time they’d first tested positive, and many gave repeat samples afterward, amounting to 64 total samples.

When the researchers tested the milk for the coronavirus, they found its genetic material in just one of the 64 samples. A donor had collected that milk on the day her symptoms started. But the sample didn’t contain any live virus that could have infected someone. The results were published in the Journal of the American Medical Association.

Jim Thornton, an obstetrician and professor at the University of Nottingham in the United Kingdom who in June coauthored a review of the evidence on mothers transmitting SARS-CoV-2 to newborns, said the lab findings fit with what’s happening in the real world. “We’re certainly seeing very, very few babies who are infected,” Thornton said. “It’s almost certainly safe to breastfeed.”

The result is reassuring. Still, “it’s not the definitive answer,” Chambers said. When it comes to Covid-19, “as data evolves, there are surprises everywhere.” These 18 women had safe breast milk, but that doesn’t prove that the virus can never be present. The researchers plan to repeat their investigation with a larger number of samples, as well as look for antibodies in the milk.

* * *

Nonprofit milk banks, which provide breast milk to hospitalized premature babies, were initially unsure of what precautions they needed to take. In general, after collecting milk from donors, banks heat the milk to 144.5 degrees Fahrenheit for 30 minutes to kill microbes — a process known as Holder pasteurization.

It was assumed this process would kill SARS-CoV-2, although some microbes can survive heating. Researchers in Australia set out to answer the question definitively. Klein said that for the study they used frozen donated milk they couldn’t give to babies, such as milk from donors who were taking certain medications. They also reached out to some existing donors and asked for a little freshly pumped breast milk.

Scientists then spiked the milk samples with live SARS-CoV-2 virus. Some of the infected milk was refrigerated or frozen, to replicate how mothers would store it at home. Other milk underwent Holder pasteurization. Cold storage didn’t eliminate the virus, the scientists found — but pasteurization wiped it out. The team’s findings have been published in the Journal of Pediatrics and Child Health.

“The results were very much what we expected to see,” Klein says. Milk banks around the world use Holder pasteurization because it kills many kinds of viruses, she said, including the coronaviruses that cause SARS and MERS. Based on the new results, “We can be confident that pasteurization would kill any amount of virus that might be in donated breast milk in the real world.”

* * *

Before infants start developing their own immune response to viruses and other threats, they receive a sampling of their mothers’ antibodies to tide them over. These antibodies come first through a mother’s placenta, and then in her milk, if she breastfeeds. Most antibodies in milk are a type called secretory IgA. They give babies what’s called passive immunity: temporary disease resistance that’s replenished with every meal.

When the coronavirus pandemic began, doctors and scientists wondered whether mothers who’d been infected would pass antibodies against SARS-CoV-2 through their milk that might protect their babies. “We needed to know,” said Rebecca Powell, a human milk immunologist and assistant professor at Icahn School of Medicine at Mount Sinai in New York City.

The research question was a natural pivot from her recent work studying the immune response in breast milk to seasonal flu. And since her city was the disease’s epicenter at the time, potential research participants were all around. Powell began using Facebook to recruit breastfeeding moms who had been infected with Covid-19. So far she’s enrolled about 800 donors, and she’s following about 600 more volunteers who are at high risk of infection.

In a paper that’s currently under peer review, Powell and her coauthors tested milk from 15 of those donors for antibodies to SARS-CoV-2. They found antibodies in every one of the samples, Powell says.

Powell says it’s too soon to know how much protection, if any, these antibodies give to breastfeeding infants. But Powell is also interested in the idea of taking these antibodies out of the milk and using them as a treatment for Covid-19. Researchers are already doing something similar involving recovered patients, transferring their antibody-rich blood plasma to those who are sick.

She imagines using the antibodies in a respiratory therapy that patients could inhale — similar to an asthma treatment, for example — sending antibodies right to the site of infection. Secretory IgA antibodies, such as those in milk, are packaged by the body to be extra durable, Powell says. This lets them survive in environments such as the respiratory or digestive tract. In blood, the most common antibodies are a less durable type called IgG. This might make breast milk antibodies a more useful potential therapy than convalescent plasma, Powell speculated.

Genevieve Fouda, a pediatric immunologist and associate professor at Duke University in North Carolina, wrote in an email that using breast milk antibodies as a therapy is an interesting, if untested, idea. “But it would first be important to fully characterize the function of these antibodies,” she said. “Can they neutralize the virus?”

Powell is now looking to answer more questions: What percentage of infected women have antibodies to SARS-CoV-2 in their milk afterward? How long after infection do the antibodies last? What if the mother got sick, and recovered, long before having a baby?

The research may reveal whether breast milk is not only safe, but useful in this pandemic. Powell will need a lot of people and their milk to gather enough data. But it’s doable, she said, because of the huge number of volunteers who have come forward to help with her project. “The response was overwhelming,” she said. “I mean, viral, really.”

This article was originally published on Undark. Read the original article.

The Mobster-in-Chief: Will the November election be decided in the streets?

The white mobs didn’t care whom they killed as long as the victims were Black. They murdered people in public with guns and rocks. They set fire to houses and slaughtered families trying to escape the flames. In East St. Louis in July 1917, white vigilantes lynched Blacks with impunity.

It was the prelude to what civil rights activist James Weldon Johnson would ultimately call Red Summer. The “red” referred to the blood that ran in the streets. The “summer” actually referred to the months from April to October 1919, when violence against African Americans peaked in this country.

In reality, though, that Red Summer stretched across six long years, beginning in East St. Louis in 1917 and ending with the destruction of the predominantly African-American town of Rosewood, Florida, in 1923. During that time, white mobs killed thousands of Blacks in 26 cities, including Chicago, Houston, and Washington, D.C. In 1921, in a slaughter that has been well documented, white citizens of Tulsa, Oklahoma, destroyed the country’s wealthiest African American community (“Black Wall Street,” as it was then known), burning down more than 1,000 houses as well as churches, schools, and even a hospital.

During this period of violence, the mobs sometimes cooperated with the authorities. Just as often, however, they ignored the police, even breaking through jail walls with sledgehammers to gain access to Black detainees whom they executed in unspeakable ways. In Tulsa, for example, that campaign of murder and mayhem began only after the local sheriff refused to hand over a Black teenager accused of sexual assault.

Although white America repressed the memories of Red Summer for many decades, that shameful chapter of our history has gained renewed scrutiny in this era of Black Lives Matter. The Tulsa massacre, for instance, features prominently in the recent Watchmen series on HBO and several documentaries are in the works for its centennial anniversary in 2021. Other recent documentaries have chronicled killings that took place in the immediate aftermath of World War I in Elaine, Arkansas, and Knoxville, Tennessee.

But memories of that Red Summer are resurfacing for another, more ominous reason.

White mobs have once again moved out of the shadows and into the limelight during this Trump moment. Militia movements and right-wing extremists are starting to turn out in force to intimidate racial justice and anti-Trump demonstrators. Predominantly white and often explicitly racist, these groups now regularly use social media to threaten their adversaries. This election season, they’re gearing up to defend their president with an astonishing degree of support from Republican Party regulars.

According to a January 2020 survey by political scientist Larry Bartels, most Republicans believe “the traditional American way of life is disappearing so fast that we may have to use force to save it.” More than 40% agree that “a time will come when patriotic Americans have to take the law into their own hands.” In a recent essay on his survey’s findings, Bartels concludes that ethnic antagonism “has a substantial negative effect on Republicans’ commitment to democracy.”

As the 2020 election nears, that party is also desperately trying to flip the script by using fear of “their mobs” and “Antifa terrorists” to drive its base to the polls. “We have a Marxist mob perpetrate historic levels of violence & disorder in major American cities,” tweeted Florida Senator Marco Rubio in response to the Democratic National Convention in August. Not to be outdone, the president promptly said: “I’m the only thing standing between the American dream and total anarchy, madness, and chaos.”

Of course, this country has no such Marxist mobs. The only real groups of vigilantes with a demonstrated history of violence and the guns to back up their threats congregate on the far right. The white supremacist Atomwaffen Division, for instance, has been linked to at least five killings since 2017. In late May and early June, members of the far-right Boogaloo Bois conductedtwo ambushes of police officers and security personnel, killing two of them and injuring three more. Over the summer, as far-right organizations spread the meme “All Lives Splatter” around the internet, dozens of right-wingers drove vehicles of every sort into crowds of Black Lives Matter protesters.

The prospect of far-right vigilantes or “militias” heading into the streets to contest the results of the November election has even mainstream institutions worried. “Right-wing extremists perpetrated two thirds of the attacks and plots in the United States in 2019 and over 90% between January 1 and May 8, 2020,” reports the centrist think tank Center for Strategic and International Studies. “If President Trump loses the election, some extremists may use violence because they believe — however incorrectly — that there was fraud or that the election of Democratic candidate Joe Biden will undermine their extremist objectives.”

As the violence of Red Summer demonstrated, such acts were once a mainstay of American life. Indeed, the not-so-hidden history of this country has featured periodic explosions of mob violence. Racial justice activists rightly call for the radical reform of police departments. As November approaches, however, uniformed representatives of the state are hardly the only perpetrators of racist violence. Beware the white mobs, militias, and posses that are desperate to establish their own brand of justice.

Mob history

When Donald Trump paints a picture of lawlessness sweeping through the United States, he’s effectively accusing the institutions of government of not doing their jobs. In a September 2nd memo, the Trump administration laid out its charges:

“For the past few months, several State and local governments have contributed to the violence and destruction in their jurisdictions by failing to enforce the law, disempowering and significantly defunding their police departments, and refusing to accept offers of Federal law enforcement assistance.”

As president, Donald Trump has refused to take responsibility for anything, not the more than 200,000 Covid-19 deaths in the United States, not the pandemic-induced economic collapse, and certainly not the racial injustices that prompted this summer’s wave of protests. Simultaneously above the law and outside it, the president consistently portrays himself as a populist leader who must battle the elite and its “deep state.” With conspiracy-tinged tirades about Democrat-run cities failing to enforce the law, he has already symbolically put himself at the head of a mob — for this is just how such groups justified their extra-legal actions throughout our history.

The right-wing racists who currently bear arms in defense of the president are part of a long tradition of Americans resorting to vigilantism when they believe the law is not protecting their interests. Whether it was the displacement and massacre of Native Americans, the horrors that slaveowners inflicted on African Americans, the wave of lynching that followed Reconstruction, the bloodletting of Red Summer around World War I, the murders conducted by the Ku Klux Klan and other extremist organizations, or even everyday resistance to federal policies like school desegregation, gangs of Americans have repeatedly taken the law into their own hands on behalf of white supremacy.

To be sure, mobs are hardly responsible for all the racist ills of this country. America has always been a place of institutional racism and violence. Slavery, after all, was legal until 1865. The U.S. government and its military did the bulk of the dispossessing of Native Americans. Police departments cooperated early on with the Ku Klux Klan and today’s police officers continue to kill a disproportionate number of African Americans. Mobs have eagerly cooperated with state institutions on the basis of shared racism. But they have also stood at the ready to enforce the dictates of white supremacy even when the police and other guardians of order treat everyone equally before the law.

The mob has occupied an unusually prominent place in our history because Americans have cultivated a unique hostility toward the state and its institutions that goes back to the early years of the Republic. As historian Michael Pfeifer notes in his groundbreaking book, The Roots of Rough Justice, the violent libertarianism associated with the American Revolution and the subsequent lack of a strong, centralized state gave rise to mob violence that gathered force before the Civil War. He writes,

“Antebellum advocates of vigilantism in the Midwest, South, and West drew on Anglo-American and American revolutionary traditions of community violence that suggested that citizens might reclaim the functions of government when legal institutions could not provide sufficient protections to persons or their property.”

Those mobs didn’t necessarily think of themselves as anti-democratic. Rather, they imagined that they were improving on democracy. As Pfeifer points out, many of the vigilante outfits that targeted minorities practiced democratic procedures of a sort. Some adopted bylaws and even elected their own leaders. They held mock trials and votes on what punishments to mete out: hanging or burning alive.

Such mobs functioned both as a parallel military and, to a certain extent, a parallel state.

The two, in fact, went hand in hand. German sociologist Max Weber famously defined the state as possessing a monopoly on the legitimate use of physical force, but that was the German tradition. In the United States, particularly during its first 150 years, the state only aspired to possess such a monopoly.

Instead, a rough form of frontier justice often prevailed. Before and just after the American Revolution, even whites were its targets, but increasingly its victims were people of color. Slave owners, slave patrols, and ad hoc mobs dispensed justice throughout antebellum America and the tradition of “Judge Lynch” continued long after the abolition of slavery. The pushing of the frontier westward involved not only the Army’s killing of Native Americans but extrajudicial violence by bands of settlers. Historian Benjamin Madley estimates that the Native population in California declined by more than 80% between 1846 and 1873, with as many as 16,000 killings in 370-plus massacres. This “winning” of the West also involved the widespread lynching of Latinos.

The “right” to bear arms

Mobs were able to dispense frontier justice not only thanks to a strong libertarian tradition and a weak state, but also because of the widespread availability of guns. Coming out of the Civil War, this country developed a distinct gun culture sustained by a surge in firearm production. Gun prices fell and so guns fell into the hands of more and more citizens.

Mobs used firearms in the infamous Draft Riot in New York in 1863, which ended up targeting the city’s Black community, and in New Orleans in 1866 when enraged whites attacked a meeting of Republicans determined to extend civil rights protections to African Americans. In their drive westward, settlers favored Winchester rifles with magazines that could fire 15 rounds, giving them a staggering advantage over the people they were displacing. Early gun control laws seldom prevented whites from acquiring firearms because they were mainly designed to keep guns out of the hands of Blacks and other racial minorities.

Even today, widespread gun ownership distinguishes the United States from every other country. Approximately 40% of American households own one or more firearms, a figure that has remained remarkably consistent for the last 50 years. If you look at guns per capita, the United States ranks number one in the world at 120 firearms per 100 civilians. The next country on the list, war-torn Yemen, comes in a distant second with 52 per hundred. With more guns than people within its borders, it’s no wonder that the federal government has often struggled to maintain its monopoly over the legitimate use of physical force.

Gun enthusiasts have erroneously enlisted the Constitution to justify this extreme democracy of firepower. To guard against tyrannical federal behavior, the Second Amendment of the Constitution preserved the right of state militias to bear arms. However, organizations like the National Rifle Association have campaigned for years to reinterpret that amendment as giving any individual the right to bear arms.

That has, in turn, provided ammunition for both the “castle doctrine” (the right to use armed force to defend one’s own home) and “stand your ground” laws (the right to use force in “self-defense”). Armed extremist groups now imagine themselves as nothing less than the Second Amendment’s “well-regulated Militia” with a constitutionally given “right” to own weapons and defend themselves against the federal government (or anyone else they disapprove of).

Improbably enough, for the last four years, the head of the federal government has become one of their chief supporters.

Donald Trump: Leader of the pack

Long before becoming president, Donald Trump was already acting as if he were the head of a lynch mob. In 1989, he published full-page ads in the New York Times and three other local papers calling for New York City to reinstate the death penalty in response to a brutal gang rape in Central Park. He sworethat the city was then “ruled by the law of the streets” and that “muggers and murderers… should be forced to suffer and, when they kill, they should be executed for their crimes.”

It was language distinctly reminiscent of white mobs bitter about the failure of local law enforcement to execute Blacks accused of crimes. Like many of their predecessors, the accused Black and Latino teenagers were, in the end, found to be quite innocent of the crime. After a long legal struggle, the Central Park Five (as they came to be known) were released from prison. Trump has never apologized for his campaign to kill innocent people.

When he ran for president, he quickly moved beyond mere “law and order” rhetoric. In his 2016 presidential campaign, Trump deliberately cultivated a following among armed extremists. At a rally in North Carolina, for instance, he warned of what might happen to the Supreme Court if Hillary Clinton were to win.

“If she gets to pick her judges, nothing you can do, folks,” he lamented. Then he added in his typically confused and elliptical manner of speaking: “Although the Second Amendment people, maybe there is. I don’t know.” He was, in other words, suggesting that followers with guns could do something about Clinton’s choices by shooting her or her judicial picks.

Throughout that campaign season, he regularly retweeted white supremacist claims and memes. At the time, it was estimated that more than 60% of the accounts he was retweeting had links to white supremacists. At his rallies, he encouraged his supporters to get “rough” with protesters.

As president, he’s continued to side with the mob. He infamously refused to denounce neo-Nazis gathering in Charlottesville in August 2017, applauded the armed demonstrators who demanded the reopening of the economy in the pandemic spring of 2020, and defended 17-year-old Kyle Rittenhouse after he killed two Black Lives Matter protesters in Kenosha, Wisconsin, in August.

Trump has stood up for the Confederate flag, Confederate statues, and keeping the names of Confederate generals on U.S. military bases. In a recent speech denouncing school curricula that teach about slavery and other unsavory aspects of our history, he pledged to erect a statue of a slaveowner in a project he’s been promoting — building a National Garden of American Heroes park. The current administration has cultivated direct links to white nationalists through disgraced figures like Steve Bannon and Sebastian Gorka, as well as current advisers like Stephen Miller.

In his reelection bid, Trump pointedly held his first pandemic rally in Tulsa, Oklahoma, where he excoriated Democrats who “want to take away your guns through the repeal of your Second Amendment” and “left-wing radicals [who] burn down buildings, loot businesses, destroy private property, injure hundreds of dedicated police officers.” In a literal whitewashing of history, he made no mention of the White mobs that had looted businesses and destroyed property in that very city in 1921.

Trump’s exhortations to his followers over the heads of state and local officials appeal to the mob belief that citizens must reclaim the functions of government, if necessary through force. Right-wing militias explicitly embrace that history. The “Three Percenters,” a militia movement that emerged in 2008 after the election of Barack Obama, purports to protect Americans from tyrannical government. Their name derives from the inaccurate belief that only 3% of Americans took up arms to fight the British empire in the eighteenth century.

Of course, three percent of Americans are not now members of such militias and White nationalist movements, but their numbers are on the rise. White nationalist groups increased from 100 in 2017 to 155 in 2019. The several hundred militia groups now in existence probably have a total of 15,000 to 20,000 members, including an increasing number of veterans with combat experience. Far from a homogeneous force, some are focused on patrolling the southern border and targeting the undocumented. Others are obsessed with resisting the federal government, even in a few cases opposing Trump’s various power grabs.

West Virginia University professor John Temple argues, in fact, that not all right-wing militias hold extremist views. “I have listened to many hours of ‘patriot’ conversations that didn’t sound all that different from what you would hear during a typical evening on Fox News,” he writes. “Many seemed to have joined the cause for social reasons, or because they liked guns, or because they wanted to be part of something they saw as historic and grandiose — not because their views were far more radical than those of typical right-leaning Americans.”

This is not exactly reassuring, since the politics of right-leaning, Fox News-watching Americans have grown more extreme. With nearly half of the Republicans surveyed by Larry Bartels prepared to take the law into their own hands, Trump has nearly succeeded in transforming his party into a mob of vigilantes.

Don’t be fooled into thinking that the president is a law-and-order candidate. He flourishes in chaos and routinely flouts the law. By siding with right-wing militias and their ilk, he daily undermines the state’s monopoly on legitimate violence.

The debate over defunding the police must be seen in this context. In a country awash in guns and grassroots racism, with a major party flirting with mob violence, getting rid of police departments would be akin to jumping out of the frying pan and into the fire of uncontained extremism. Sure, local law enforcement needs major reforms, massive civic oversight, and right-sized budgets. Police departments must be purged of white nationalists and neo-Nazis. The Pentagon has to stop supplying the cops with military-grade weaponry.

But remember: the police can be reformed. What was once an all-white force now better reflects America’s diversity. The mob, by definition, is not subject to reforms or any oversight whatsoever.

This is no time to permit the return of frontier justice administered by white mobs and a lawless president, especially with a critical election looming. Mob violence has often accompanied elections in the past, with rival factions fighting over the results, as in the street battles of 1874 in New Orleans between Republican integrationists and racist Democrats. Like nineteenth-century Louisiana, the struggle this November is not just about Democrats versus Republicans. It’s about the rule of law versus racist vigilantism.

White supremacy is not going to give up its hold on power without a fight. If you thought you’d seen real American carnage in Trump’s four years in office, prepare yourself for the chaotic aftermath of the November election. The mob is itching to take the law into its own hands one more time on behalf of its very own mobster-in-chief.

Copyright 2020 John Feffer

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