Disability lifestyle getting more attractive under Biden?

by philg

I’m wondering if we should expect a massive increase in the number of Americans who transition to the disability lifestyle during the Biden administration.

Let’s consider today’s world of work. Unless remote, the worker will be exposed to variant coronavirus that laughs at our feeble vaccines. The worker may need to wear a mask for 8 hours per day. The worker will be forced to accept whatever injections Dr. Joe Biden, M.D., Ph.D. orders, according to “Sweeping new vaccine mandates for 100 million Americans” (AP):

In his most forceful pandemic actions and words, President Joe Biden on Thursday ordered sweeping new federal vaccine requirements for as many as 100 million Americans — private-sector employees as well as health care workers and federal contractors — in an all-out effort to curb the surging COVID-19 delta variant.

Speaking at the White House, Biden sharply criticized the tens of millions of Americans who are not yet vaccinated, despite months of availability and incentives.

“We’ve been patient. But our patience is wearing thin, and your refusal has cost all of us,” he said, all but biting off his words. The unvaccinated minority “can cause a lot of damage, and they are.”

The expansive rules mandate that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly, affecting about 80 million Americans. And the roughly 17 million workers at health facilities that receive federal Medicare or Medicaid also will have to be fully vaccinated.

Biden is also requiring vaccination for employees of the executive branch and contractors who do business with the federal government — with no option to test out. That covers several million more workers.

Biden announced the new requirements in a Thursday afternoon address from the White House as part of a new “action plan” to address the latest rise in coronavirus cases and the stagnating pace of COVID-19 shots.

See also

What is there to like about any of the above?

Let’s consider disability lifestyle enhancements during the Biden administration.

First, it should be much easier to qualify: “Biden says ‘long Covid’ could qualify as a disability under federal law” (NBC). Here’s a list of long COVID symptoms from Mayo:

  • Fatigue
  • Shortness of breath or difficulty breathing
  • Cough
  • Joint pain
  • Chest pain
  • Memory, concentration or sleep problems
  • Muscle pain or headache
  • Fast or pounding heartbeat
  • Loss of smell or taste
  • Depression or anxiety
  • Fever
  • Dizziness when you stand
  • Worsened symptoms after physical or mental activities

I.e., a pretty good summary of how I feel every morning while attempting to get out of bed. Is there anyone over age 40 who wouldn’t qualify as a long COVID sufferer?

Once your claim for disability due to long COVID is accepted, you don’t have to pay back those student loans that have been overwhelming your finances (NYT: “$10 Billion in Student Debt Erased Under Biden, but Calls Grow for More”).

Need to fatten up so that COVID-19 can get a good grip on your body? “Biden Administration Prompts Largest Permanent Increase in Food Stamps” (NYT): “Under rules to be announced on Monday and put in place in October, average benefits will rise more than 25 percent from prepandemic levels.” (See also “Swipe Yo EBT”) Most folks on disability should also qualify for SNAP/EBT, right?

(Separately, have we noticed COVID Karens displaying thinner/fitter bodies compared to 1.5 years ago and compared to their COVID-ignoring Deplorable counterparts? If people are more worried about COVID, shouldn’t they have been exercising a lot more over the past 1.5 years compared to people who weren’t afraid to resume their lives?)

What if you want to move into a $1 million apartment in Cambridge or San Francisco and pay a means-tested $200/month including utilities (set as a fraction of whatever you get from SSDI)? In the bad old days there was a long waiting list for taxpayer-subsidized housing. Maybe not anymore, though! “Biden Administration Proposes $318 Billion for Affordable Housing in American Jobs Plan” (June 1, 2021)

Other than qualifying for disability, how could a working age American escape being hassled by all of these new requirements and simultaneously avoid the risks of contracting COVID-19? A purely remote job sounds like a possible solution, but the government and employer can presumably still impose requirements as a condition of continued employment (anti-racism training, sexual harassment training, vaccine requirements, etc.), just as Rutgers constructively expelled an unvaccinated student who was taking classes from home.

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LCD or e-ink screen instead of grille for the front of electric cars?

by philg

Electric cars don’t need a cooling airflow from the front, thus rendering grilles superfluous. The Tesla 3 has a flat nose and a slab where you’d expect the grille:

Some competitors have figured out more aesthetic solutions. The Kia EV6 replaces the traditional gasoline-car grille with… multiple grilles:

Here’s a Mercedes concept, suitable for Burning Man:

Could we find a more interesting use of this space? With an LCD or e-ink screen, the car could have different personalities at different times of day or for different drivers. The e-ink approach would consume much less battery power, of course.

A Maskachusetts driver could, for example, mirror the state-run highway signs that urge motorists to get vaccinated (but there are no vaccine clinics at the state-run highway rest stops). Alternatively, he/she/ze/they could turn the car nose into an extension of his/her/zir/their lawn. The nose display could read “Black Lives Matter” and then change automatically to “#StopAsianHate” if a gold Lexus were approaching. A Floridian, unable to choose among the 100+ specialty plates available, could rotate among the designs (no front license plate is actually required in Florida, but many of these are fun designs, especially if the mournful “save the…” messages were removed):

(Why do people want to concentrate on the negative? Wouldn’t it be just as effective to say “Celebrate Our Seas” as “Save Our Seas”? To say “Manatee Friends” rather than “Save the Manatee”? Why does the sea turtle plate need a written message at all? People who see the plate will be reminded that Florida is home to sea turtles and to respect their nesting sites.)

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Can the Taliban get Western do-gooders to fund their entire government?

by philg

“UN Afghanistan donor conference raises $1 billion with crisis looming” (DW):

The UN says humanitarian aid money would go to maintain medical services, the water supply and sanitation for millions of Afghans. Additionally, funding would support women and children and set up educational projects.

Forty government ministers, including German Foreign Minister Heiko Maas, the head of the International Committee of the Red Cross, Peter Maurer, as well as dozens of government representatives are attending both in person and virtually.

The German foreign minister said it was up to the international community to “take responsibility” for the people in Afghanistan.

In other words, so long as the Talibans don’t make the mistake of allocating money to health care, clean water, sewage, education, or “women and children,” Westerners will fund all of these functions of the modern welfare state. The Taliban can spend 100 percent of tax revenue on their military, police, and other tools for remaining in power.

The population of Afghanistan doubled from 20 to 40 million while the country was getting U.S. cash infusions. Over the next 20 years, therefore, so long as the steady flow of German money continues, it seems reasonable to expect that the population will double again, to 80 million (current total fertility rate is 4.72 children per woman; compare to 1.84 in the U.S. (our population still grows steadily, however, due to low-skill immigration)). Afghanistan would then have about the same population as Germany and, essentially, every German would have a corresponding Afghan dependent. Assuming the German-funded schools for Afghanistan result in mass literacy, will it be time to set up a penpal program? (After 20 years of U.S. rule, the adult literacy rate in Afghanistan is 43 percent (CIA).)

Even if the Germans send all of their money to the Taliban, they’ll still have a beautiful beach to enjoy…. fleece jacket weather in August 2016, Warnemünde:

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Best way to invest in Sweden?

by philg

As readers may have noticed, I’m a contrarian when it comes to COVID-19 (along with the 60,000 physicians and PhDs who’ve signed the Great Barrington Declaration). To me, the untested “experiment” is locking a country down and closing schools in hopes of winning a war against a respiratory virus. It is not an “experiment” to stay open, as Sweden did (and as the W.H.O. recommended through 2019), and continue to educate children, continue to go to work, continue to hit the gym, continue to socialize with friends and family, etc. I don’t think the U.S., for example, will be better off as a result of shutting down, closing schools, buying and wearing cloth masks that have been shown to be worthless, etc. I do think the Swedes will prosper in the long run due to superior mental health, a focus on something other than COVID-19, their kids having an extra year of in-person school compared to kids in U.S. cities, etc. I want to invest in Sweden with a 10-20-year horizon.

(Based on our devotion to the Vietnam and Afghanistan wars, we could still be fighting the COVID-19 war 10-20 years from now! Even if we aren’t, the misallocation of $trillions from the past 1.5 years, e.g., paying people to stay home for 1.5 years ($800 billion just from federal tax dollars), giving $3,600/year extra per child to successful child support plaintiffs, funding highway repairs in the least efficient states (the new “infrastructure” bill, which builds infrastructure everywhere other than in the states that actually need it due to growing population?), etc., will be a comparative drag on the U.S. economy.)

What’s the best way to invest in Sweden? My usual preference is for common stocks, but apparently a lot of these can’t be purchased in the U.S. There is an ETF that tracks the Swedish market: EWD from iShares. The dividend yield is medium (just under 3%), which I hope means that capital appreciation is expected. Somehow, 77 percent of the yield is classified as “qualified” (I’d thought that this was for U.S. stocks) and therefore subject to a lower federal tax rate (if the Democrats are successful with their latest federal tax increase, the result will be a dividend tax rate of about 50 percent for Californians (fed+state) and this will be on top of higher corporate taxes (i.e., something like 75% of a company’s profits that would have belonged to shareholders will instead go to pay taxes); things are a little less grim for residents of Florida).

The big negative of this iShares fund is a 0.51 percent management fee. They’re just trying to track the index, so it is unclear what you’re paying them for (how hard is it to buy and hold 53 stocks?). The fee for the Vanguard S&P 500 ETF is 0.03 percent, which is also the fee for the corresponding iShares S&P 500 ETF.

The big negative of Sweden as an investment, if you’ve been reading this blog, is that I don’t believe the prevailing American dogma that low-skill migrants make a country richer (if they did, Canada and European nations would be vying for and paying for the opportunity to fly low-skill migrants from our southern border to their respective countries). At 25 percent, Sweden has, I think, the highest percentage of immigrants or children of two immigrant parents, of any country in Europe. If these folks prefer not to work, that could be a drag on the Swedish economy (via welfare costs) for the next 100 years. See “‘New Swedes’ left out as economy powers through pandemic” (Reuters, March 17, 2021):

Sweden has powered through the COVID-19 crisis with an economy set to regain its pre-pandemic size by late-2021, but a surge in unemployment among its foreign-born citizens risks exacerbating social divisions for years to come.

Ajlan came to Sweden as a 17-year-old from Baghdad in 1993. Despite graduating with a degree in Middle Eastern Studies from Lund University – one of the country’s best schools – he only found work as a taxi driver.

A rigid labour market and a lack of low-skilled jobs means Sweden has been poor at integrating waves of immigrants, or “new Swedes”, since the 1970s – a social and economic divide that has been widened further.

Unemployment among foreign-born workers stood at 18% in the fourth quarter of last year, up 3.5 percentage points from a year earlier, according to Statistics Office data. For people born in Sweden, it was 4.1%, up just 1 percentage point.

Immigration has been running at high levels for the past two decades in Sweden, with a record 163,000 asylum seekers arriving in the country of 10 million in 2015.

The government has launched a raft of measures – some of which predate the pandemic – aimed at getting people into work, including subsidized employment, tax breaks for employers, on-the-job training schemes and its “knowledge-lift” programme that offers study opportunities for the unemployed.

In other words, the Swedes don’t have any better idea of what to do with low-skill migrants than we do. They’re on the same “provide free housing, free health care, free food, and then ask people nicely if they would like to work” plan (maybe the Swedes don’t offer an Obamaphone, but mobile phone service in Europe is much cheaper than in what we call our competitive market).

On the third hand, the U.S. and all of Europe are going to be packed with low-skill migrants for the foreseeable future. The only way to short the idea of a migrant-packed welfare state is to invest in Asian countries that are closed to low-skill immigration and that, in any case, don’t offer the multiple generations of free housing, health care, and food that the U.S. offers and that some European countries offer (albeit at a less generous level; see Hartz IV in Germany, of which 55 percent of the recipients are migrants or children of migrants: “According to the Federal Employment Agency … this was due to the migrants lacking either employable skills or knowledge of the language”).

Vaguely related… the Volvo-driving migrants arrive in Stockholm on the ferry from Finland (2016):

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Good news for dogs: Tesla 3 dominates Hyundai, Audi, and Polestar

by philg

“Hyundai Ioniq 5 vs Q4 e-Tron vs Polestar 2 vs Model 3 group test (2021) review” (Car, an English magazine) says that the Hyundai is huge and maybe better for carrying adults in the back seat. Also, the Hyundai has tremendous style and cleverness. But the suspension isn’t adequate for the massive weight and the (“Long Range”) Tesla has better range than any of the competitors. What did more than 100 years of history do for Audi? Got them into last place! The Chinese/Swedish Polestar was “let down by ride, packaging, range”.

The Tesla 3 turned out to be the best all-around car, though they didn’t have the Mustang Mach-E to compare to. This is Car and Driver‘s favorite, but it lacks dog mode so I think a Tesla 3 would be way better for Florida, even if you don’t have a dog.

How is it possible that the experienced car manufacturers cannot knock Tesla out of first place when it comes to building a car? I’m amazed by this every day! (For haters who say that electric cars are bad, I guess the argument is that the Honda Accord is still a way better car than the Tesla 3 and therefore Tesla is not in first place.)

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Coronalogic in Palm Beach County

by philg

Mostly-Democrat Palm Beach County was one of the local governments ready to fight the governor’s “no mask orders in schools” order (a.k.a. “parental choice order”) with every last dollar of residents’ money. See “Palm Beach County public schools set to hire elite law firm to defend mask mandate” (Palm Beach Post, August 31, 2021), for example:

With the legal battle over masks in schools heating up, Palm Beach County public schools are hiring a high-profile law firm to advise them on their mask mandate and, if needed, defend it in court.

School board members are expected Wednesday to approve spending up to $50,000 for advice and legal representation from the national law firm Boies Schiller Flexner.

The vote comes five days a Tallahassee judge ruled Gov. Ron DeSantis exceeded his authority by ordering school boards last month not to impose mask mandates on campus. DeSantis said he will appeal the decision.

Where else on this blog might you have seen mention of Boies Schiller Flexner? They were the law firm that enabled Elizabeth Holmes to silence potential whistleblowers. From Evaluating trustworthiness; lessons from Theranos (based on reading the fascinating book Bad Blood):

Background: Roger Parloff, legal affairs reporter for Fortune, was intrigued by a story about Theranos hiring David Boies to sue a guy who had a patent that they would have needed to license if the blood testing machines had actually worked. Boies was given a fat slice of Theranos equity and a board seat in exchange for doing the company’s legal bidding. The author describes the lawsuit as entirely meritless, alleging that the inventor had somehow gotten hold of proprietary Theranos info because his son was a partner at the same huge law firm that had filed some patents for Theranos. The inventor spent $2 million on legal defense before caving in. (The big multi-office law firm’s records manager investigated the allegation and couldn’t find anything to suggest that the son/partner had ever accessed any Theranos-related information or even knew at the relevant time that the company was a client.)

So… the county is prepared to lose state funding (but they’ll get it all back from Uncle Joe: “Biden Administration Says Federal Funds Can Cover Florida School Board Salaries If DeSantis Defunds Them Over Mask Mandates” (Forbes); how are Presidents Biden and Harris able to write checks for this without Congressional funding?). And the county will happily hire a law firm that enabled one of of America’s most prominent criminal defendants, with its lead name partner actually serving on her corporate board and the firm hoping to benefit from the fraud by holding shares. All of this to ensure that when children sit together in a classroom, kept separated by however many feet the CDC recommends, they are wearing some sort of mask.

Suppose that the kids in the class decide to go to an after-school basketball program run by a different branch of the same enterprise (Palm Beach County). They will then meet on an indoor court and be close enough to actually touch each other, without any masks on. They’ll be breathing much more forcefully, of course, on the basketball court than in the classroom.

I would expect variation in coronapanic level and faith in masks from state to state and from county to county, but I didn’t expect to find this much variation in coronascience between two departments of the same county government!

(Separately, our neighborhood is packed with kids. As soon as they’re out of school, the masks come off and they play with each other outdoors in direct physical contact with no masks. They are also observed to visit each other’s homes and socialize without masks. So even if the county itself didn’t run mask-free kid gatherings, the young people and their parents would do this. Thus, it is a mystery to me how the masks-in-school plan was supposed to be effective.)

Related:

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Vaccine-resisting idiots

by philg

Before departing from Maskachusetts last month in the Cirrus SR20 (ferry trip to her new home in the Florida Free State), I mentioned to a woman in the old neighborhood that I’d be visiting a family at their oceanfront house as my first stop. “The dad is my friend and he’s the only one who is vaccinated,” I volunteered. “The kids are slender, healthy and in their late 20s so I can understand their point of course, but the wife is around 60 and could perhaps benefit, though she also is slender and fit.”

Neighbor: “They’re idiots.”

Me: “As it happens, they’re Black.”

Neighbor: “Oh, well, ….” (the “idiot” statement was walked back to a discourse regarding why it wouldn’t make sense for Black people to listen to anything that scientists say)

The neighbor’s car (Chevy Bolt with Bernie bumper sticker):

(Bernie wanted her to live in a town where a vacant buildable lot costs $1 million (minimum 2-acre zoning).)

On arrival, I learned that when you have an oceanfront house it seems that you’re going to be quite popular all summer. The unvaccinated kids (late 20s) had about 6 similar-age friends visiting. All of them, as it turned out, were unvaccinated and resented the government’s attempts to coerce them into getting stuck with a medicine that is extremely unlikely to help them unless the mass vaccination campaign breeds a super deadly version of the coronavirus (see Marek’s Disease). I comforted them at dinner (out on the screen porch and following the CDC guidelines that coronavirus cannot spread when unmasked people sit at restaurant tables): “It probably won’t do you more harm than a week of binge drinking.”

(One of the young people had the idea of running a restaurant where students received music lessons and other kinds of education. “If they’re sitting at a table being served food, they don’t need to wear masks, even if the governor orders students in schools to wear masks.”)

My favorite recent Apple News screen, in which a confused grandfather (of a child who yielded $2.5 million tax-free for the smart plaintiff) has lost patience and scapegoats responsible for all of our woes have been identified:

Separately, it seems that the current crop of vaccines may be worthless from a public health point of view (could still be useful for an at-risk individual who stays in his/her/zir/their bunker 99 percent of the time). “Benefit of COVID-19 vaccination accounting for potential risk compensation” (Nature, August 11, 2021):

With very high vaccine efficacy (E = 0.95), substantial benefit is maintained except in situations where there is a very low probability of infection in the population. If the vaccine efficacy decreases to 0.8, the benefit gets eroded easily with modest risk compensation.

Risk compensation needs to be factored carefully when appraising COVID-19 vaccination strategies. The simplified model used here suggests that even negligible risk compensation can eliminate the benefit of a vaccine of low efficacy, and it also takes only 2.5-fold increase in exposures for the benefit of a vaccine of moderate efficacy (E = 0.6) to disappear unless the probability of infection in the population of interest is very high.

(The most familiar example of risk compensation is a person driving 75 mph in a pavement-melting SUV. He/she/ze/they feels invulnerable due to seatbelts, 17 airbags, and 6,000 lbs. of steel. He/she/ze/they would drive only 50 mph, perhaps, in a lighter car without seatbelts or airbags. Since kinetic energy rises as the square of velocity, the risk of death in an accident might end up being roughly the same as if the driver were in a less thoroughly armored vehicle. See “Condoms and seat belts: the parallels and the lessons” (Lancet) for some references.)

In other words, a less-than-perfect vaccine slows down an epidemic only if people don’t change their behavior as a result of being vaccinated. A person who decides that it is okay to travel on commercial airliners once again, for example, is risk compensating. I’ve observed this behavior in New England. The (mostly) vaccinated population ceased wearing masks on the day that the government stopped ordering them to do so (a couple of months later, of course, it was “Simon Says Masks On” and they all complied with that too!). Fauci-following Democrats who refused to meet me outdoors for coffee pre-vaccination would step in for hugs after they’d received the magic elixir.

Let’s combine the above with July 2021 data (i.e., regarding the delta variant) on breakthrough infections. “Resurgence of SARS-CoV-2 Infection in a Highly Vaccinated Health System Workforce” (NEJM), Table 1:

Vaccine effectiveness was only 65 percent in July 2021 and therefore risk compensation by those who’ve been told by Drs. Fauci and Biden that vaccines are valuable will wipe out the benefit of the vaccines.

I was on a Zoom meeting with some folks from grad school. A friend’s wife is a Ph.D. biologist. She has gone back into her bunker, despite being vaccinated. “The reason that people think vaccines are helpful,” she said, “is that they’re combining data from pre-Delta and Delta. With Delta, the infection and fatality rates aren’t that different for the vaccinated and unvaccinated.”

Israel and the Delta variant:

In a country that has vaccinated 80 percent of those eligible, deaths are about 3/4 of where they were in the fall of 2020, when nobody in Israel was vaccinated.

Related:

  • “It may take ‘many, many’ more vaccine mandates to end the Covid-19 pandemic, Fauci says” (CNN, 9/13): “I believe that’s going to turn this around because I don’t think people are going to want to not go to work or not go to college … They’re going to do it,” Fauci told CNN’s Jen Christensen during an interview at the NLGJA, the Association of LGBTQ Journalists, convention Sunday. “You’d like to have them do it on a totally voluntary basis, but if that doesn’t work, you’ve got to go to the alternatives.”
  • “Fauci says he supports a vaccine mandate for air travel.” (NYT, 9/13): Dr. Anthony Fauci, the nation’s top infectious disease doctor, said … that he would support a vaccine mandate for air travelers. “I would support that if you want to get on a plane and travel with other people, that you should be vaccinated,” Dr. Fauci [said]
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Shut down the U.S. Army now that we know more about our limits?

by philg

Some 9/11 reflections…

U.S. military spending in 2000 was $320 billion. That’s about $520 billion in today’s mini-dollars. The 2021 military spend is about $700 billion (35 percent higher in real terms) plus about $220 billion for veterans (pensions, health care, etc.).

We were recently defeated by a peasant army in Afghanistan. Might it be time to consider investing less in an area where we have a record of ineffectiveness?

My dumbest question: Why spend money on an army (1 million uniformed personnel plus 250,000 civilians)? I can understand why we might want a navy (though maybe we could lose it all in an hour or two? See Robot kamikaze submarines shaped like blue whales render navy ships useless?). I can understand why we want an air force, e.g., for drone attacks on people we don’t like, dropping bombs on the assets of governments we don’t like, etc. I can understand why we might want Navy SEALs and similar special forces. But what is the Army for in our current strategic situation?

We’re not going to invade Poland with tanks, right? We’re not going to occupy Canada (I hope!). We’re not going to try to secure the border with Mexico against unauthorized crossing. Why are we paying 1.25 million people to prepare for a land war and/or to fight unwinnable land wars, such as in Afghanistan?

One argument in favor of the Army is that it can be deployed against domestic enemies, e.g., those who violate lockdown and mask orders (see Australia and Peru) or Trump supporters who might have wanted to come back to the Capitol after January 6. Another argument is that the National Guard part of the Army can help with disaster relief, e.g., picking up people with helicopters after floods. But these roles wouldn’t seem to require 1.25 million people.

Here’s another way to phrase the question: If we had no military forces of any kind today, what would we choose to fund and build? Would a million-soldier land army be part of that?

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Science: opening schools without masks stops a coronaplague (data from Florida)

by philg

Inspired by the official coronascience that I’ve seen in the last 1.5 years, here is an analysis that follows the same logic and methodology….

Florida was suffering from a terrible coronaplague, leading to an exponential rise in hospitalizations of patients tagged with COVID-19, a tweet from the Florida Hospital Association on August 23, 2021:

As a way of fighting this wave of contagious death, public health officials wisely decided to reopen schools on the usual schedule, with the last school district opening on August 23, 2021 (calendar). Mixing students from different households in the same room, oftentimes without masks (due to a governor’s order that parents retain the ultimate decision regarding whether their children would wear masks 7 hours/day), diluted the coronavirus so as to render it harmless. Same chart from the same source, today:

The red curve that was rising inexorably toward infinity is now trending down, having peaked right around the time that schools throughout Florida were back in session.

Because coronanumbers don’t move without government action (see Thomas Aquinas regarding the Prime Mover and First Cause), we can be confident that it was the reopened mask-optional (depending on county) schools that caused the decline in hospitalizations. Thus, it is fair to say that #Science proves that unmasked children in schools, or at least tightly packed children in indoor classrooms (in the counties that defied the governor), are the key to ending an exponential coronaplague.

(Separately, while on a Zoom call with a group of MIT alumni a couple of nights ago, I asked the assembled group whether hospitalizations in Florida were trending up or trending down. All of the folks on the call, based on what they’d read in the media and heard on NPR, believed that COVID-19-tagged hospitalizations in Florida were trending up.)

(On a more serious note, deaths tend to lag hospitalization and therefore there are still quite a few people dying from what seems likely to be an annual summer COVID-19 wave in Florida. The cumulative death rate remains lower than in many states, but it is still painful to confront the fact that we humans cannot escape a determined virus.)

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Should a criminal defendant be required to wear a mask at trial?

by philg

Coronavirus is here to stay, just as the Swedish MD/PhDs said back in February 2020 (“don’t lock down unless you’re willing to keep everyone at home for the next 20 years”). Criminal defendants are also likely to remain plentiful here in the U.S. Where do these phenomena intersect? San Jose!

“At Issue in Theranos Trial: Whether Elizabeth Holmes, Witnesses Will Wear Face Masks” (WSJ, August 16, 2021):

Attorneys for Theranos Inc. founder Elizabeth Holmes told a federal judge on Monday that she plans to attend her criminal fraud trial with three family members or friends by her side and strongly prefers not to wear a face mask.

Should this be at the discretion of judges? Suppose that Dr. Fauci says that the best way to #StopTheSpread is to cover people in hoods, like Al-Qaeda warriors getting into a CIA-chartered Gulfstream for the trip to Guantanamo. Would it be okay for a jury to convict a defendant whose head they’ve never seen? If not, why is it okay for a jury to convict a defendant whose full face they’ve never seen?

Separately, the Theranos fraud (largely perpetrated, according to Bad Blood, by David Boies (on the Theranos Board) and the law firm of Boies, Schiller & Flexner (now representing Palm Beach County in its fight to keep schoolchildren masked against the Florida governor’s order to allow parental choice)), was vaguely predicted here in 2014:

New Yorker magazine carries an article about a young self-made billionaire whose success was partly due to having put in the effort to learn Mandarin while in high school.

Separately, the article covers the question of whether people will benefit from being able to get blood tests more easily and cheaply, e.g., without having to first visit a physician and without having a vein opened up. A doctor friend says “Never order a test unless you know what you’re going to do with the answer.” If he is correct then generally we will not be healthier if we get more numbers more frequently. The article also covers the question of the extent to which the FDA will regulate vertically integrated blood testing labs differently than labs who buy their machines from third-party vendors.

Regarding the second question, I queried a friend in the pharma industry. Here’s what she had to say…

A couple of things struck me, the first being the powerful friends/supporters that she has on her Board. I really do believe that this has insulated her from some rather obvious scrutiny. The second was the FDA representatives who appear to not have a clue regarding their own regulations.

Who was the first to expose what Elizabeth Holmes and David Boies were up to at Theranos? According to Wikipedia, it was coronaheretic John Ioannidis (excommunicated Stanford professor, author of “Why Most Published Research Findings Are False”, and colleague of Dr. Jill Biden, M.D., Ph.D.). Dr. Ionnidis, M.D., Ph.D. pointed out the red flags in February 2015 (a little later than this blog!), which was well before the October 2015 Wall Street Journal article that destroyed the company.

Circling back to the main topic… is it acceptable to run criminal trials in which defendants can be forced by judges to wear masks?

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