Tag: bankruptcy

Judge declares Oregon governor’s Wuhan flu edicts “null and void”; Overridden by state supreme court

1:48 pm

UPDATE: Oregon’s state supreme court has blocked the local judge’s order and reinstated the lock downs.

Not surprisingly, the state’s Democratic governor, Kate Brown, celebrated her new found fascist power:

“Following swift action by the Oregon Supreme Court, my emergency orders to protect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit.”

She claims “the science is clear,” but that is the type of brainless claim made by every politician when they grab power.

Regardless, I am not surprised. Oregon wants its fascism. It is why they have allowed the Democrats to control the state.

The original post:
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An Oregon state judge has invalidated all of Governor Kate Brown’s lock down edicts, stating she had exceeded her authority under law.

Brown has exceeded her authority by restricting activities, including church services and businesses, for longer than the 28 days the governor is authorized under a state law related to public health emergencies, [the judge] Shirtcliff said.

The judge granted a preliminary injunction blocking enforcement each of the more than 10 executive orders the governor has issued since March 8.

Shirtcliff’s decision applies to the entire state. He ruled on the motions because the lawsuit challenging the duration of the governor’s legal authority was filed May 6 in Baker County Circuit Court. Elkhorn Baptist Church of Baker City is the lead plaintiff in the lawsuit, which was filed by Salem attorney Ray Hacke of the Pacific Justice Institute, a nonprofit that defends religious liberty.

Expect more such victories in court. Most of the worst abuses have been cases where governors have completely ignored the law, and ruled by edict, as if they had that power.

Meanwhile, in New Jersey, a gym reopened in defiance of the shut down imposed by that state’s fascist Democratic governor, Phil Murphy. The police arrived, discovered themselves surrounded by a crowd of defiant customers, and told the owners they were in violation, but then left without doing anything else.

We need more such defiance.

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Large majority of COVID-19 infections are asymptomatic

9:17 pm

The evidence continues to build that the majority of people who get infected with the Wuhan flu end up showing no symptoms and do not even know they caught the virus.

The author gives eight solid examples where testing found a large population infected, with most asymptomatic. These included the crew and passengers on three different ships, prison systems in four different states (85% to 98% asymptomatic), a meat-packing plant, the homeless, pregnant women, and even in three nursing homes (!):

A survey published in the New England Journal of Medicine at an anonymous nursing home found that more than half with positive results were asymptomatic. In another nursing home in Washington state, 56% of those who tested positive were asymptomatic. One nursing home in Miami County, Ohio, tested every resident last week, and so far all of those who tested positive are still asymptomatic. [emphasis mine]

He also notes that in all but the last example, the number of fatalities were tiny, or none.

He then makes four common sense points. First,

The overwhelming majority of those infected are asymptomatic, which grows to an absolute super-majority when you factor in the mildly symptomatic. The fatality rate is therefore very small and very confined to a known population. Thus, it makes no sense to lock down younger and healthier people who overwhelmingly don’t get seriously ill, much less deathly ill, even if they contract the virus.

This confirms what was suggested from the beginning, that the death rate for the Wuhan flu is likely comparable to the flu.

Second, this shows it is absurd to release criminals. They almost certainly already have the disease, and weren’t bothered by it. They should serve out their punishments.

Third, “Contact tracing of the entire country is utterly insane. Most people have been spreading this virus while asymptomatic for months. What is left to trace?”

And finally,

By going back to normal with basic precautions for most of the population, we will be able to achieve herd immunity much less painfully than previously thought while shielding the more vulnerable population. … The fact that so many of the more exposed and vulnerable already got it and so many were asymptomatic means we could achieve herd immunity much quicker with fewer lives lost, certainly compared to lockdown.

The lock downs must end. We need to stop panicking and go back to normal. This disease is not the plague the press and politicians have been pushing. It does not require extreme measures to fight.

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The uncertainties of mask use demand that no one be forced to wear them

1:26 pm

The uncertainty of science: Regular readers of Behind the Black will know that I have made it very clear I consider the requirement to wear a mask by government officials to be an incredible and inappropriate overreach of their authority, partly because they don’t have that legal right, and partly because the science is very uncertain, with some studies strongly suggesting that the mask could have serious negative health effects.

Still, the science remains uncertain. Because of this uncertainty, it seems to me in a free society, where everyone respects the idea of freedom, wearing a mask must be left up to each individual.

Sadly, the social justice warriors of our society no longer believe in freedom, and will try to shame and discredit you if you say publicly you will not wear a mask. In the past week I have had two friends tell me bluntly that they will never again be in the same room with me, because they insist that everyone should wear a mask in public, all the time. (This saddens me because I had considered them friends, and it appears those friendships are now over.) One even said “Not wearing a mask in public or with people who are not your immediate family is a true sign of disrespect for others, to put it mildly.”

The context of that last quote is important. » Read more

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Texas business reopens in defiance of shut down with armed security

12:18 pm

The future: A Texas tatoo parlor decided last week to reopen in defiance of the shut down regulations imposed by its state government, and did so with the help of armed security.

When Jamie Williams decided to reopen her East Texas tattoo studio last week in defiance of the state’s coronavirus restrictions, she asked Philip Archibald for help. He showed up with his dog Zeus, his friends and his AR-15 semi-automatic rifle.

Archibald established an armed perimeter in the parking lot outside Crash-N-Burn Tattoo, secured by five men with military-style rifles, tactical shotguns, camouflage vests and walkie-talkies. One of them already had a large tattoo of his own. “We the People,” it said.

“I think it should be a business’s right if they want to close or open,” said Archibald, a 29-year-old online fitness trainer from the Dallas area who lately has made it his personal mission to help Texas business owners challenge government orders to keep their doors shut during the coronavirus pandemic. “What is coming to arrest a person who is opening their business according to their constitutional rights? That’s confrontation.”

More businesses need to do the same. If enough do it, the police thugs will have no choice but to back off and let these Americans go about their business of freely pursuing life, liberty, and happiness.

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Senate approves FISA renewal

12:11 pm

Ya gotta have your KGB! The Senate today approved 80-16 a renewal of the FISA court, allowing that corrupt secret tribunal to continue its spying on Americans.

Since the Senate revised the House bill slightly, the new version will have to go back to the House for approval. It is unclear if the House will approve it as written, or if Trump will sign any of these versions.

Republicans, who spear-headed the passage of this bill, will claim that its new restrictions will protect the rights of Americans. They are lying.

While senators agreed to add the Lee-Leahy bill, they also rejected two other amendments: one from Sen. Rand Paul (R-Ky.) preventing FISA warrants from being used against Americans and one from Sens. Steve Daines (R-Mont.) and Ron Wyden (D-Ore.) preventing law enforcement from obtaining internet browsing and search history without a warrant.

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The epidemic has passed its peak

9:55 am

Link here. The author goes into great detail, with numerous graphs, illustrating that in nation after nation and state after state, the peak of the epidemic has passed, and we have done all the flattening of the curve we are ever going to do. Among a range of recommendations, he concludes that

In those countries and states that are past the peak, declare the emergency is over and open everything back up. Acknowledge that the chance to flatten the curve is gone, and revoke each and every emergency order. They are only valid for the duration of the emergency. [emphasis in original]

He notes, as I have repeatedly, that the lock downs have not worked. For example, he finds that the overall epidemic in Sweden, which did not lock down its society, trends smack dab in the middle when compared with all other countries. The lock downs made no difference.

If we need to do anything, he emphasizes again that you do not quarantine the healthy, you quarantine the sick.

He also notes that the economic crash, caused by those lock downs, has caused far more harm that the virus ever would have.

It’s like … it’s like … well, about the only example I can think of which has equivalent idiocy is if a mosquito were to land on your head and you grabbed a sledgehammer to get rid of it.

The lock downs must end, now. We need to accept the reality that the Wuhan virus is here to stay, and that it is really quite comparable to the range of similar viruses humans have lived with for eons.

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Lock down failure

2:05 pm

First we were told that it was necessary to impose “social distancing rules” and shut down the economy for a few weeks in order to prevent the healthcare system from being overwhelmed by a sudden influx of COVID-19 cases, predicted to possibly be in the millions. From a typical panicked news report on March 16:

Health officials take for granted that COVID-19 will continue to infect millions of people around the world over the coming weeks and months. However, as the outbreak in Italy shows, the rate at which a population becomes infected makes all the difference in whether there are enough hospital beds (and doctors, and resources) to treat the sick.

In epidemiology, the idea of slowing a virus’ spread so that fewer people need to seek treatment at any given time is known as “flattening the curve.” It explains why so many countries are implementing “social distancing” guidelines — including a “shelter in place” order that affects 6.7 million people in Northern California, even though COVID-19 outbreaks there might not yet seem severe.

Fortunately, the prediction that millions would become sick was so wrong it is now considered a joke. Moreover, it was quickly obvious that the healthcare system was not going to be overwhelmed.

So of course, we can now end these stringent social distancing rules and the lock downs, right?

Hah. Now we are being told that the new social rules and the government-imposed economic shut downs are necessary to stop the spread of the disease, to protect us from further infection, to make us all safe from coronavirus, forever. And if we do have to ease the lock downs at all, we have to do it as slowly as possible, and to change our behaviors forever. Masks must be worn, businesses can no longer serve as many at a time, and we must change and limit our freedoms, just because we might possibly save one life!

Consider the fascist Democratic governor of Pennsylvania and his demand that the state remain locked down for as long as possible.
» Read more

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Senior facilities account for 39% of all Wuhan flu deaths

10:02 pm

More evidence the lockdowns and social distancing made no sense: A new study has found that 39% of all the deaths in the United Stated from COVID-19 have occurred in nursing homes and assisted living facilities.

According to the Centers for Disease Control and Prevention, 5.1 million people live in nursing homes or residential care facilities, representing 1.6% of the U.S. population. And yet residents in such facilities account for 39 percent of all deaths from COVID-19, for states that report such statistics.

Alaska, Hawaii, Kansas, Michigan, Missouri, New Mexico, North Dakota, South Dakota, Utah, Vermont, and Wyoming do not break out deaths by residential categories. But among the 66,012 U.S. COVID-19 deaths captured by our analysis, 25,731, or 39 percent, were nursing or residential care home residents. Based on long-term care usage and demographics in the 11 largely rural states that do not report long-term care fatalities, we estimate that, nationally, the share of fatalities from assisted living facilities is 39 percent, and 50 percent outside of New York State.

Which once again illustrates the stupidity of bankrupting the entire economy and quarantining the entire population. Better to have put tighter protections on these specific facilities. And it would not even been necessary to make them prisoners. Make sure visitors are not sick, and maintain social distancing in these facilities. Masks here might even be worthwhile, when used in a careful and controlled manner.

Instead, we shut everything down, put millions out of work, destroyed whole industries, and in New York the Democratic governor even required nursing homes to take in patients who were sick with coronavirus, putting their other residents at far greater risk, for absolutely no reason.

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House FISA court reauthorization reaches Senate

1:39 pm

You gotta have your KGB: A House-passed FISA court reauthorization bill, which makes some superficial claims at reining in the abuses of that court by FBI and Justice officials in the past four years, has now reached the Senate.

Overall this new law is junk, and accomplishes nothing. Though it does increase penalties for misuse, and allows for outside review in more situations, the secret court will continue, available to authorize the illegal surveillance of American businesses and individuals, for political reasons.

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Musk: Tesla leaving California due to government-imposed shut down

2:00 pm

Good: Elon Musk yesterday announced in a furious tweet yesterday that he has had enough of the government-imposed shut down in California due to the Wuhan flu panic, and will be shifting Tesla operations from that state.

“Frankly, this is the final straw,” Musk tweeted. “Tesla will now move its HQ and future programs to Texas/Nevada immediately. If we even retain Fremont manufacturing activity at all, it will be dependen (sic) on how Tesla is treated in the future. Tesla is the last carmaker left in CA.”

He is also suing Alameda County, since its order to stay closed contradicted the okay he had gotten from fascist governor Gavin Newsom. How these actions here will effect SpaceX is not yet clear. Last I heard that company was going to put its factory to build Starship in the port of Los Angeles. Maybe not now.

I expect more businesses that can will be shifting their operations from the dictatorial Democratically-controlled blue states to places that are more friendly to freedom and free enterprise.

A bit of history: This flight from leftist states mirrors what happened in East Germany during the 1950s during the Cold War. The Soviets, direct ancestors to today’s Democratic Party, were insistent on imposing communism in East Germany, which quickly resulted in poverty and an inability of anyone to make a living. In response people and businesses fled in great numbers, making East Germany the only country in Europe to be losing population.

To solve this, Khrushchev decided in 1961 to build the Berlin Wall and make everyone in East Germany a prisoner. I will not be surprised if the leftist states, such as California, Oregon, Washington, New Jersey, and New York, soon consider the same solution. Nor would I be surprised if soon these very states find large portions seceding from them to also escape this tyranny.

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The epidemic model that panicked the world was junk

12:17 pm

A software engineer has done a careful fact-based analysis of the code that runs the computer model of now disgraced and fired Neil Ferguson of Imperial College in London — the computer model that had predicted millions would die in mere weeks from COVID-19 and thus triggered the worldwide panic over it — and found that it is buggy, unreliable, produces different results with the same data, and often does so for completely irrelevant factors (such as simply running it on different computers).

Hat tip Rand Simberg at Transterrestrial Musings.

The conclusion from this software engineer:

All papers based on this code should be retracted immediately. Imperial’s modelling efforts should be reset with a new team that isn’t under Professor Ferguson, and which has a commitment to replicable results with published code from day one.

On a personal level, I’d go further and suggest that all academic epidemiology be defunded. This sort of work is best done by the insurance sector. Insurers employ modellers and data scientists, but also employ managers whose job is to decide whether a model is accurate enough for real world usage and professional software engineers to ensure model software is properly tested, understandable and so on. Academic efforts don’t have these people, and the results speak for themselves.

The second paragraph applies equally to all computer modeling in the climate field, which has been repeatedly found to have similar problems.

Science should be based on data, from the field, not models predicting that data. Models have a minor use as a guide, but it is beyond dangerous to depend on them in any manner at all. Had our politicians relied on the available data when COVID-19 first started to spread, instead of these fake models, they would not have panicked, and would have instead done what they should have, focused on protecting the elderly and the sick, the only part of the population under serious threat.

Similarly, had the public and the press ignored these bad models and focused on that same data, they too would not have been frozen in fear, and would have demanded a more rational approach to the epidemic.

I know I have been repeating myself on this subject, but it must be driven home. The modelers are unreliable. The modelers are often driven by political agendas, not the facts. The modelers must not be relied upon for any long term policy.

Repeat this mantra to yourself, over and over again. It should sound a warning in your brain every time you read another article predicting doomsday from something, from global warming, from sea level rise, from the ozone hole, from some disease, from any crises these frauds want to latch onto.

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Study: 50% of all small businesses to vanish due to Wuhan lock downs

10:08 pm

The Great Wuhan Depression: According to a new survey, it is predicted that 50% of all small businesses will vanish in the next six months due to losses incurred because of the government-imposed Wuhan flu shut downs.

The study also predicts that another 12% will go bankrupt in the next month. That’s 62% of all small businesses, gone in a flash, leaving their owners and all of their employees jobless. And though it is only implied at the link, the loss of those businesses will ripple outward, causing more businesses to fail. The consequences will be horrifying.

“Before the pandemic, food policy experts say, roughly one out of every eight or nine Americans struggled to stay fed. Now as many as one out of every four are projected to join the ranks of the hungry, said Giridhar Mallya, senior policy officer at the Robert Wood Johnson Foundation for public health,” the AP reported Tuesday.

And that’s just in the states. On a global level, the United Nations has predicted that hundreds of thousands of children may die before year’s end specifically because of the economic realities being engendered by the current crisis. “Economic hardship experienced by families as a result of the global economic downturn could result in hundreds of thousands of additional child deaths in 2020, reversing the last 2 to 3 years of progress in reducing infant mortality within a single year,” a U.N. report published last month reads. “And this alarming figure does not even take into account services disrupted due to the crisis – it only reflects the current relationship between economies and mortality, so is likely an under-estimate of the impact.” [emphasis mine]

As I have written repeatedly, when you find yourself in this kind of crisis, you need to rationally and calmly do a cost-benefit analysis, figuring out the best solution that will do the least harm, to the most people. In this case a likely smart move would have been to look at the early data, now confirmed, that showed the the disease was only a serious threat to the old and sick, and that to the young and healthy the Wuhan flu was no threat at all. A wise plan then would have focused on protecting the elderly and the sick, while letting the rest of the population not at risk live their lives normally, get infected, and develop antibodies to the disease so that the epidemic would peter out quickly — as has been done with every flu-type epidemic for more than a century.

That would have been a rational approach, reasonable and likely very successful. It would not have prevented all deaths from COVID-19, but then no plan could. What it would have done is minimize the damage as much as possible.

Instead, our politicians, in their never-ending partisan battles, depended not on the data but on faulty computer models, which have been routinely found to be inaccurate and unable to predict anything. Those models, vastly wrong, said that millions would get sick and hundreds of thousands would die, and this would all happen in a matter of weeks. The politicians panicked, and destroyed the economy, even as they enforced policies that actually exposed the elderly and the sick directly to the disease, causing many more to die than was necessary.

The consequences of this madness in the coming years will be hard to measure. We can hope that the economy might recover. We can hope that our government will back off and reinstate its respect for the law, the Constitution, the Bill of Rights, and its citizens.

We can hope. I have no idea however if this is a vain hope. I am not optimistic.

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