Tuesday ReadsPosted: October 13, 2020
NOTE: The paintings in today’s post are by Suzanne Valadon, artists’ muse, self-taught painter, and mother of another famed artist.
I’m grateful to Dakinikat for covering the Senate hearing on Amy Coney Barrett’s nomination to SCOTUS. I’m not going to spend much time on it today, because her confirmation is pretty much a forgone conclusion. It’s horrible, but we are just going to have to deal with it somehow.
Sen. Amy Klobuchar (D-Minn.) acknowledged on Monday that Democrats do not have “some secret, clever, procedural way to stop” the confirmation of Amy Coney Barrett to the Supreme Court, arguing that the only way for Americans to “change the trajectory of this nomination” is by voting.
The big picture: Klobuchar and other Democrats on the Senate Judiciary Committee used day one of Barrett’s confirmation hearings to criticize the process of rushing through a nomination after voting in the 2020 election has already begun, attacking it as a “sham” and “illegitimate.”
— They also painted Barrett’s confirmation as a proxy fight for health care, with a number of Democratic senators displaying posters of constituents who have benefited from protections under the Affordable Care Act.
— The Supreme Court is set to hear a case seeking to invalidate the ACA on Nov. 10. Klobuchar argued that “you don’t have to be a lawyer or a senator to figure out” that Barrett was nominated to help President Trump overturn the Affordable Care Act.
What they’re saying: “My point today is, you cannot divorce this nominee from the moment we’re in, in time. And that we do not have some secret, clever, procedural way to stop this sham. Let’s be honest,” Klobuchar told reporters after Monday’s hearing.
— “And as good as we are, it’s probably not going to be some brilliant cross-examination that is going to change the trajectory of this nomination, but there is one thing that will. And that is the people of this country, that is them voting, that is them understanding exactly what the Republican Party and this administration are doing right now and how it’s going to affect their lives.”
— “Because this is not Donald Trump’s country. This is your country, America’s country, and this should not be Donald Trump’s judge. It should be your judge.”
So what are the likely consequences of Barrett being elevated to SCOTUS?
At Vox, Anna North writes about the future without Roe v. Wade: This is the future of abortion in a post-Roe America.
Some have predicteda Handmaid’s Tale-esquefuturein which women are forced to bear children. Meanwhile, anti-abortion groups have begun quietly preparing for a baby boom once all Americans are forced to carry their pregnancies to term.
But the reality is that overturning Roe won’t end abortion in America. What it will end, across much of America, is legal abortion.
That will have devastating consequences for many people, especially low-income Americans and people of color in red states where the fall of Roe would likely shut down the few remaining clinics. “This is already an abortion desert,” Laurie Bertram Roberts, the executive director of the Mississippi Reproductive Freedom Fund, told Vox. If Roe falls, “you’re just talking about an abortion wasteland.”
But that doesn’t mean people who want to end a pregnancy would be completely without options. Abortion funds around the country would continue their work, in some cases helping patients travel to blue states to get the procedure. Community-based providers, who perform abortions outside the official medical system, would likely continue to operate. And self-managed abortion, in which people perform their own abortions with pills, would take a bigger role.
Preparing for that reality will require a lot from advocates and providers, from raising money to campaigning against laws that can send people to jail for self-managing an abortion. But people have been ending their pregnancies in America since long before Roe v. Wade or even abortion clinics existed, and a court decision isn’t going to stop them. It’s just going to change what their options — and the risks involved — look like.
At The Washington Post, Ruth Marcus claims that the Affordable Care Act will survive, but we have a lot more to worry about: There are many reasons to fear Barrett’s confirmation. The Affordable Care Act isn’t one of them.
In the midst of a pandemic, on the eve of an election, with yet another challenge to the Affordable Care Act coming before the Supreme Court next month, it’s no surprise that Democrats decided to focus on the future of the health-care law at the confirmation hearings for nominee Amy Coney Barrett.
As a matter of substance, not so much. Barrett’s nomination is about so much more than a law that has already survived two challenges and is likely, even with a Justice Barrett on the court, to survive this one.
Read Marcus’ detailed argument at the WaPo.
In other news, Trump held a superspreader rally in Florida last night, even though he could still be contagious.
Though Trump has declared himself now “immune” to the virus — which has killed more than 214,000 Americans and infiltrated the White House — he and his team have not clarified for the public the last time he tested negative before his covid-19 diagnosis was announced Oct. 2. This has raised questions about whom Trump may have infected before isolating himself at the White House and then at Walter Reed National Military Medical Center.
On Monday afternoon, however, Trump’s doctor, Sean P. Conley, said in a memo released by the White House that the president had tested negative for the virus “on consecutive days,” using the Abbott rapid testing machine, and was no longer contagious.
The Abbott antigen test produces quick results but has a greater chance of false negatives than the more reliable polymerase chain reaction, or PCR, test. Conley said other diagnostic factors were considered when determining that the president did not pose a threat to others.
Either Trump is afraid to take the more accurate PCR test, or he tested positive on it and the White House is covering it up.
Some of Trump’s aides and associates initially hoped that his coronavirus diagnosis would help focus him on the pandemic, allowing him to emerge as a sympathetic figure with a newfound sense of seriousness and empathy.
That, so far, has not happened.
“The cure cannot be worse than the problem itself can. The cure cannot be worse,” Trump told the Sanford crowd — many of whom were not wearing masks — referring to public health restrictions in many states. “But if you don’t feel good about, if you want to stay, stay relaxed, stay. But if you want to get out there, get out. One thing with me, the nice part, I went through it. Now they say I’m immune . . . I feel so powerful.”
Since contracting the virus, Trump has remained dismissive of the threat posed by the pandemic, reappearing in public seemingly invigorated by his survival. He has doubled down on his push for reopening the country while continuing to discount social distancing and other public health practices.
In the real world, we’re still living through a global pandemic, and the U.S. still leads world in cases and deaths. Coronavirus news:
The study of Johnson & Johnson’s Covid-19 vaccine has been paused due to an unexplained illness in a study participant.
A document sent to outside researchers running the 60,000-patient clinical trial states that a “pausing rule” has been met, that the online system used to enroll patients in the study has been closed, and that the data and safety monitoring board — an independent committee that watches over the safety of patients in the clinical trial — would be convened. The document was obtained by STAT.
Contacted by STAT, J&J confirmed the study pause, saying it was due to “an unexplained illness in a study participant.” The company declined to provide further details….
J&J emphasized that so-called adverse events — illnesses, accidents, and other bad medical outcomes — are an expected part of a clinical study, and also emphasized the difference between a study pause and a clinical hold, which is a formal regulatory action that can last much longer. The vaccine study is not currently under a clinical hold. J&J said that while it normally communicates clinical holds to the public, it does not usually inform the public of study pauses.
Read more at the link.
David Wallace-Wells at New York Magazine: The Third Wave of the Pandemic Is Here.
When Donald Trump checked into Walter Reed medical center more than a week ago, it appeared likely to have marked the beginning of the end stage of his presidency. But it was also a milestone for the pandemic, and not just because COVID-19 had infected its most prolific and prominent skeptic and dissembler. In recent weeks, a third wave of the coronavirus has come to the U.S. at almost precisely the time of year scientists warned us about in the spring. But the country has hardly noticed, so paralyzed and preoccupied by the spectacle of the presidential campaign it could barely acknowledge any new cases but Trump’s. There were nearly 50,000 new U.S. infections reported on the day the president was hospitalized, along with 835 new deaths. That’s two 747 crashes’ worth.
When the country passed 100,000 deaths, a spectacularly bleak edition of the New York Times marked the occasion with a six-column headline for a flood of obituaries that ran the full length of the front page (and onto several additional pages). When the toll passed 200,000, it did not even mark the tragic landmark on A1. They are running out of hospital beds in Wisconsin — which used to qualify as a battleground state, incidentally — and in North Dakota, which hasn’t imposed a mask mandate, they are down to 39 open ICU spots. But while the pandemic does indeed appear to be getting worse almost everywhere in the country, it also seems unlikely to return to the center stage of America’s attention until after Election Day — at which point perhaps 25,000 more Americans might have died.
But things won’t really change immediately after November 3, either. The apparent collapse of last-minute stimulus negotiations means that our sclerotic Congress won’t likely extrude any meaningful pandemic relief until January 20. There also won’t be a national testing program erected, or a federal contact-tracing system belatedly instituted, or, probably, a vaccine or novel therapeutics in wide distribution before the next presidential inauguration, either. At which point there might be 100,000 more American deaths than there are today, each a tragedy unfolding amid a considerably uglier humanitarian catastro phe — poverty and hunger, evictions and loss of health insurance, mass joblessness without commensurate federal support — than the pandemic has produced to this point. In other words, the third wave will likely be worse, nationally, than the first; much less buffered by political action and support, at least on the federal level; and, as long as the election eclipses the full attention of the news media, many times less salient. We’ve already tuned it out, and nothing is likely to help anytime soon.
More stories to check out today:
Paul Krugman: Mitch McConnell’s Mission of Misery.
The Daily Beast: Dr. Fauci: The Trump Campaign Is ‘In Effect, Harassing Me.’
Mary McNamara at The Los Angeles Times: Column: Make way for Slayer Pete. Buttigieg is the Biden campaign’s ruthless secret weapon.
The New York Times: California Republican Party Admits It Placed Misleading Ballot Boxes Around State.
The New York Times: As Trump Flouts Safety Protocols, News Outlets Balk at Close Coverage.
Joshua Holland at Alternet: Here’s the truth behind the Republicans’ big lie about ‘court-packing.’
Hang in there Sky Dancers. Only 20 more days until the election. Take care, and please check in with us today if you have the time and inclination.