Friday, August 27, 2021

The Ron DeSantis Award For Gross Incompetence In Governance Goes To…



Everything going according to the Governor's plan:

 

On Thursday afternoon, schools in the Houston area reported 9,762 active COVID-19 cases. For the first time since 13 Investigates began tracking dozens of districts on August 16, more than 2,000 cases were added since the day before. It is a 27% single-day growth rate.

A week ago schools were reporting 3,521 active cases.

Conroe and Humble school distircts lead the list.

HISD, which has a mask mandate, is still reporting a relatively small number of cases.

Thursday marks the first day that Cy-Fair, the state's third largest district, is reporting cases.

The data comes from COVID dashboards from 33 Houston-area school districts.


Not that I was asked, but the "societal conversation” hasn’t really changed in 400 years, and it’s no more insightful or intelligent now than then. The difference is the number of voices allowed in the conversation, but that expansion has made it only more democratic (good), not more worthwhile. We need to work on that. More people watching more videos won’t help.

I read books, something a vast majority of society doesn’t do. I don’t watch videos either. They are missing a great deal more than I am.

I realize this makes me an old crank. This is me owning that.

One Side…

...and the other... Especially the other:

Thursday, August 26, 2021

Sending In The Clowns 🤡

Yeah, that’s not what this is. It’s not this, either. Hawley’s not ripping the country apart; mostly because nobody notices him.

More Marines died under Reagan in Lebanon; more Americans died on 9/11. Still more Americans didn’t call for Reagan or Bush to resign. Hawley and his ilk are not a danger to the republic. They’re clowns 🤡.

Besides, the enemy of my enemy is still my enemy:
So ISIS operating in Afghanistan is not a sign of the Taliban’s control.  There’s that, too.

Let Them Drink Regeneron

The Vaccine is…Bad?

Science made the vaccine, but ivermectin comes from…?

People You Don't Want To Be

Yeah, I've seen lawyers disbarred for playing fast and loose with the client's money. It's the quickest way to lose your license (unless your Michael Avenatti, apparently. Or is he already disbarred?) But getting this crosswise with a federal judge may do it. Sidney Powell is licensed in Texas. I'm gonna be interested to see if the State Bar takes any action against her.

Let me pause here and explain to non-lawyers what "licensed" means, because there's some confusion on it, as in this passage:

Lin Wood was bundled together with the other "Kraken" lawyers as part of a sanctions lawsuit and it could mean Wood and his allies are disbarred in Michigan.

A lawyer is licensed by a state (hang on, this gets tricky fast) and can, in accordance with that state's laws, practice law in any court in that state (basically).  But lawyers can get permission to appear in courts where they are not licensed, or can get licensed in federal courts, separately.  Not seperately as in without a state license, but to practice in a federal court you must be licensed in that district, even if you hold a state license in that state to practice law.

Texas, for example, has four federal districts.  I was licensed, once upon a long ago time, in the Western District.  I'd have needed to make some application in order to appear in Federal court in Dallas, say, which is (if memory serves) the Northern district.  Anyway, you get the idea.  State licenses take you as far as the state boundaries.  Federal licenses take you as far as the district boundaries.  There are separate licenses to practice in federal appellate courts or to argue before the U.S. Supreme Court.

Now, lawyers can be licensed in several states.  This is rare, but possible.  Usually that means sitting for the Bar exam in that state, since, say, oil and gas law in Texas is not the same as it is in Colorado; nor is marital property law (Texas is a community property state; I don't think Colorado is).  Again, usually you need to be conversant with the law in the state before you can provide legal counsel or represent someone in court in that state.

Lawyers can appear in federal court in states where they are not licensed, and where they have not been admitted to that district.  This requires a motion requesting permission to appear.  It is not the same thing as being licensed in the state or in that federal district. It's a one-time appearance for a particular case or circumstance.

Clear as mud yet?

So when the federal judge in Michigan slams Lin Wood and Sidney Powell as she did, it may be she's kicked them out of representing anybody in her federal district ever again; at least (I haven't read the 110 page memorandum order).  It does not mean they will be disbarred in Michigan, because odds are they aren't licensed in Michigan.

It does mean the state bars in Georgia and Texas should be interested, though.  I understand the Georgia Bar is already investigating Wood.  I think the State Bar of Texas is interested, at least, in investigating Powell.  This 110 page opinion will be fodder for either effort.

Couldn't happen to more deserving lawyers.  Wood has already said he'll appeal.  My guess is the appellate court won't find the trial judge abused her discretion.  I thought I saw an article indicating Sidney Powell wants to represent some of the Capitol insurrection defendants.  Those are federal cases.  My guess is the federal district (D.C., I'm sure) where those cases are pending won't allow her to appear, just based on this ruling in Michigan.

Meanwhile, Ron DeSantis seems to be living on another planet:

"'You know, he said he was going to end COVID," DeSantis said. "He hasn't done that. We are the first state to start the treatment centers for monoclonal antibodies. We're having great success with that. That should have been a bigger plan, a bigger part of this whole response throughout the country from the beginning. At the end of the day, he is trying to find a way to distract from the failures of his presidency.'" 

Yeah, sure Ron: You don't want to be Ron DeSantis, either.

His Next Public Whine

...will be about being in jail. If he actually does a “bad thing,” that is.

Odds are he won’t. Talk is cheap, after all; and protected. Actions? Not so much.

News You Can Use! Twitter Edition

I'm not much interested in polls like this because: how do you ever prove their veracity?  That said, the framing raises an interesting question:  America:  Imperialist power, or not?

Because how many countries are we supposed to subjugate for fear of terrorism being visited upon our shores?  Maybe we should subjugate some states to suppress domestic terrorism?

Meanwhile, in Afghanistan:  chaos.
(The NYT sets the number higher: So apparently it's a moving target.)

Biden is going to be punished for this for years to come.  Or the commentators will be; oh, wait, I forgot:  they write the commentary: I think the historical record reflects that Ghani fled the country BEFORE mass evacuations could get underway.

From the chronicles of "America Descending into prolonged national adolescence:  'You're Not The Boss of Me!' chapter:
And on the "rational economic being" front: And Regeneron is only FDA approved for experimental use; which is supposedly what was wrong with the vaccine all along.

I have to say, I do support this idea:
We all must do our part for the greater good!

Wednesday, August 25, 2021

Miami Sees The Race With Texas

It’s a race to the bottom. Winner take nothing. At least we’re protected from knowing who’s vaccinated and who isn’t. Or from the state requiring our kids to have one more vaccination for school.

We Didn't Start The Fire

"Homicidal" is the right word.  Abbott is just a less publicly inept DeSantis:

Gov. Greg Abbott on Wednesday announced an executive order banning COVID-19 vaccine mandates regardless of a vaccine’s approval status with the U.S. Food and Drug Administration.

He also said he was adding the issue to the agenda for the current special session of the Texas Legislature.

The order comes two days after the FDA granted full approval to the Pfizer vaccine. That raised questions about the fate of a previous Abbott order that prohibited vaccine mandates, but only for those under emergency authorization.

Abbott’s latest order is simple, saying “no governmental entity can compel any individual to receive a COVID-19 vaccine.” The order preserves exceptions for places like nursing homes and state-supported living centers.

“Vaccine requirements and exemptions have historically been determined by the legislature, and their involvement is particularly important to avoid a patchwork of vaccine mandates across Texas,” Abbott said in a statement. 

Uh, yeah, they've already done that:

Subject to Subsection (c), the Department of State Health Services may modify or delete any of the immunizations in Subsection (a) or may require immunizations against additional diseases as a requirement for admission to any elementary or secondary school.

Subsection (c) refers to health risks to individuals from listed vaccines; it doesn't speak to the need for the legislature to add a new vaccine to the list.

Abbott is just playing politics.  If the Lege doesn't add covid-19 to the list by the end of this special session (which comes in 12 days), it won't be Abbott's fault.  Anybody think he'll call them back until they do pass the legislation he's asking for?  Yeah, neither do I.

Abbott is also playing dictator.  Having declared an emergency, he now seems to think he can override all existing laws if he so desires.  What this executive order has to do with an "emergency" is anybody's guess, but it'll take months to get that issue before a trial court, or settled by the Texas Supreme Court.   The most the Supreme Court has done so far is rule on interlocutory appeals, not on the legal basis for Abbott's increasingly authoritarian orders.  (It will be interesting to see the Court defend Abbott's actions by declaring the emergency gives the Governor the power to suspend public health laws and ban vaccines meant to prevent the spread of infectious disease.  Abbott's order today expressly says "I hereby suspend Section 1.082(f)(1) of the Texas Health and Safety Code and and any other relevant statutes...."  Why?  Because's he's the God Emperor of Texas?  How does this order protect anyone except Abbott's political aspirations in the state? I'm still struggling with the rational basis for such declarations.  But, as I say, the courts have yet to address that issue.) Meanwhile, Rome (Texas) continues to burn; as does the rest of the state.

The answer is "politics." The health and safety of our schoolchildren, teachers, and school staff be damned. Like I said: another DeSantis, just slightly less politically clumsy.*

*In case you're wondering, the highest number of covid cases in Texas was 14,218 on January 11, 2021.  We are only 290 cases away from matching that number.  But we don't need a vaccine mandate in schools, or anywhere else in the state, because:  reasons.  I (almost) pity the deputy AG who finally has to defend that argument in court.

O, The Humanities!

Human beings are programmed to approach pleasure and avoid pain. It's an instinct that dates back millions of years, to a time when people needed to actively seek food, clothing and shelter every day, or risk death.

But psychiatrist Anna Lembke says that in today's world, such basic needs are often readily available — which changes the equation.

"Living in this modern age is very challenging. ... We're now having to cope with: How do I live in a world in which everything is provided?" Lembke says. "And if I consume too much of it — which my reflexes compel me to do — I'm going to be even more unhappy."

Ed. note:  no, it's not an "instinct."  "Instinct" is properly defined as inalterable behavior of a creature, such as birds that build nests they were born in and never saw constructed (and so learned to construct).  Human beings do not have instincts.  At all.  Pedantically yours (I can't help myself; it's an instinct.). 

This is an old human problem. Study the literature (but who does THAT anymore?) and you'll see it dates back to the beginnings of recorded history (there have always been some among us sated with what the world offers and wondering "Where can I get more?").  The literature also indicates that the solution is to be found in wisdom.

Alas, who teaches wisdom anymore?  Is there even a field of study of the topic?  Any source for it at all?  It can be secular, it can be religious; but where is sophia to be found?

(Is this where I point out "philosophy" is from the Greek philosophia, literally translated as love (philo) of wisdom (sophia)?  That sophia makes several appearances in the Jewish and Christian scriptures; appearing in the Septuagint as sophia, in the Gospel of John as the logos (the Greek word for "word," but also for "reason," by which the Greeks understood "wisdom," as well.)  And sophia is, for the Hebrews, an aspect of God, one closely related to the creation (so John is not exactly sui generis to say "In the beginning was the word, and the word was with God, and the word was God.  "Everything came to be by means of it;/nothing that exists came to be without its agency."  (SV)  It's what you might call a fundamental concept.  Except, I guess, to scientists.)

These things that pass for knowledge I don't understand.

One Wonders

With access to the faculty of UT Law School, who do they hire as their legal advisers?

Because if Professor Vladeck is accurately quoting the ADA (and why wouldn’t he?), what’s the explanation for this opinion?

Is UT afraid of being sued in this climate? Really? ‘Cause I’m pretty sure I can remove a student who is disrupting my class. I’ve had students receiving special accommodations under ADA, but those students weren’t coughing and sneezing and otherwise preventing class from being held.

Just as a teacher I don’t see how ADA gives a coughing student the privilege to disturb the rest of us. And then there’s the professor’s analysis.
So it’s three of us.

If only UT had put this on Twitter, it could be submitted to Bad Legal Takes.

Tuesday, August 24, 2021

The Narrative Must Be Served At All Costs!

I keep thinking of the blind panic when people tried to evacuate Houston as Hurricane Rita bore down on us. This was after Katrina and the evacuees who came to Houston, and all the stories about the "horrors" of New Orleans because of that storm, which drove people into panic as Rita, weeks later, threatened to come ashore bigger and larger and worse than Katrina. There was literally a traffic jam from Houston to Dallas, some 450 miles away, as cars turned that route into a parking lot of bumper to bumper traffic. Other routes west, toward Austin and San Antonio, were little better. If memory serves only a few thousand managed to actually escape to shelter (as opposed to getting stuck in impenetrable traffic), and the fatalities included a bus from a nursing home which idled too long outside Dallas and caught fire, killing all the elderly and infirm inside.

Had Rita actually struck with the force it was expected to bring, the slaughter of people stuck in cars could have been massive and horrific.

As it turned out, Rita was barely a rainstorm, much less a windstorm, when it finally came ashore.  Tens of thousands were not evacuated, but the panic and chaos were squarely on local officials who announced the need to evacuate without being specific that people on the coast needed to move inland.  People across the Houston area tried to flee, all at once, a chaos that makes the situation in Kabul seem almost orderly by comparison.  Indeed, the lesson from Rita is for people not on the coastline to merely "hunker down" and shelter-in-place.

Of course, I was home that week, and didn't participate in the evacuation, although I had family who did.  They took over 12 hours to make a three hour drive west, by the way.
Journamalism!

Meanwhile, it’s clear this is a complete clusterfuck:

What "Freedom Of Choice" Looks Like

We The Friggin' People

I suppose when the obese are crowding hospitals and ICU's and taking up all the ventilators and staff needed to treat ventilated patients, as well as overworking the nursing staff and still coming in in droves and hordes, we could say this was an apt comparison.

Which is not to say refusing treatment of patients is not a course without any moral or ethical land mines in it.  The argument for refusing treatment is not even a distant cousin of the reasoning that led to the infamous Tuskegee experiments; it is in fact the same argument.

We don't decide that some people are expendable or unworthy of medical care; for any reason.  Great as the frustration at this situation may be, this is not the exception that proves the rule that we almost always treat those in medical need without regard to social, political, racial, ethnic, or criminal, status.  This doesn't even raise the question of triage.  It is based on the assumption that the unvaccinated are willfully refusing medical care until their life is threatened. And that blanket assumption is no more appropriate than the blanket assumption that doctors always know best how to treat a presenting patient with a documented medical history.*

*Don't get me started.  It's a personal and anecdotal point, but I don't think medical care is always perfect and doctors are wise determiners of what is best for each individual case.  Still, they are the best we have, and the minute we allow them to decide you are worthy of medical care because of your vaccination status, but your friend is not, is the minute in which we stop even pretending to follow the high ideals we say our country represents.

On the other hand, at this point I'm willing to tell the people who identify themselves so publicly as insane and interested only in their own navel gazing, to drop dead and we'll pick up the bodies later.
We the people at least have an interest in limiting the spread of cholera from dead bodies.

Pretty Sure I Saw This…

...in "Lord of the Rings." Or maybe it was this: Either way, I knew it was fake.

Insidious

Rick Perry is a particularly nasty piece of work.

What he’s peddling are air filter systems that supposedly will make schools safe to be in without masks. Of course, schools exchange outside and inside air every time an external door opens. They aren’t clean rooms making computer chips or surgical wards. What, exactly, would this system do a regular HVAC filter doesn’t do?

Texas schools are notoriously underfunded. The smaller districts can’t afford what Perry’s peddling. The larger ones give up so much locally raised tax dollars to the state they can’t afford it either, mostly because they have so many campuses to outfit.

Buildings would have to be closed to install this equipment, so it can’t realistically be done before Christmas, and in the larger districts not even then. The summer break wouldn’t be long enough to do the work. And what would it do? Almost nothing.

Masks are cheaper, easier, and less permanent. But they don’t line Perry’s pockets.

So our schools are broke, but not so broke Perry won’t sell them a solution that doesn’t work for a problem they won’t long have. The saving grace is he’s unlikely to sell it to even one school district. That and it’s not as bad as DeSantis telling people to get sick, the state will administer the Regeneron, to the benefit of his donors.

There’s always somebody worse. There really is no bottom.


Helpless

You And What Army?

The Taliban; sure. First question: do you have Taliban money?

GRETCHEN PETERS: They're awash with cash. The Taliban has been earning far more from trafficking drugs and other illicit activity, ranging from extortion rackets to timber trafficking, artisanal mining, kidnapping schemes, for almost two decades now. And so they clearly have been earning more money from all these activities than they needed to run their insurgency. And so they're very well funded.

MARTINEZ: In 2009, you estimated that the Taliban was getting 70% of their funds from opium. Has that changed over time?

PETERS: Well, it's important to state that there are more than one Taliban. So certain factions of the Taliban, particularly the ones that are down in Kandahar and Helmand and the drug-producing areas out in the south and the west, are probably making the vast amount of their funding from the drug trade. Other factions, like the ones located in the east and in the southeast, don't have so much of a revenue stream from narcotics specifically, and they tend to make their money in other ways - from extortion, from kidnapping, from timber trafficking, a wide range of activities.

The Taliban's been making mad money for two decades now.  What have you and your buddies done the past two decades, besides play "Army" in the woods on the weekends?  Or drink beer and talk about your guns?

The Afghan government collapsed so completely the head of government fled the country within hours of the U.S. announcing its withdrawal was almost complete.  Most of the Afghan soldiers either surrendered to the Taliban or joined them.  Do you expect that to happen with U.S. armed forces, as well as local police departments and state police?  Do you expect all heads of government, from D.C. to the 50 states, to flee the country at once, leaving you in charge?

You ready to fight that insurgency for 20 years, like the Taliban did?  You ready to go up against the helicopter gunships?  You got "millions of guns"?  The military has millions of rounds, and they deliver them from airships and helicopters and jets.  You gonna shoot down a jet with your guns?

Go back to playing Army in the woods with your buddies.  You won't get hurt that way.