Sunday, April 19, 2020

The Coronavirus Five Weeks Later - The Governors Have Their Say

First, the numbers. As of today, worldwide cases total 2,355,676, with 162,032 deaths. The US totals are 742,637 cases and 39,201 deaths. As of yesterday, New York still had the most cases and deaths: 236,732 and 17,671, respectively. Then New Jersey with 81,420 cases and 4,070 deaths, Massachusetts with 34,402 cases and 1,404 deaths, Pennsylvania with 31,069 cases and 836 deaths, Michigan with 30,791 cases and 2,308 deaths and Illinois with 29,160 cases and 1,259 deaths. However, California numbers as of last night were 30,802 cases and 1,148 deaths, with Los Angeles County alone accounting for 12,021 cases and 576 deaths.

Meanwhile, in the prior week another 5.2 million people applied for unemployment, bringing the total for the last 4 weeks to about 22 million. That is more people than live in 48 of the 50 states (not combined, obviously), with the exceptions being Texas with 29 million people and California with nearly 40 million people. It is, frankly, quite scary, and helps to explain why people have been protesting in a push to reopen society. While we are still discussing numbers, here are some interesting poll numbers from the Pew Research Center. The poll was conducted from 4/7 through 4/12, and has a margin of error of +/- 2.1%. 66% of those polled feared that states would reopen too soon, while 32% worried that states would not open soon enough.

When broken down by party we see quite a divergence of views. 81% of Democrats and those leaning Democrat are worried that things would open up too soon. However, Republicans and those leaning Republican are split fairly evenly - 51% worried that things would open too soon, with 48% worried not soon enough. Some in the mainstream media were of the opinion that Republicans just care more about business. I do not think that is it at all. I do think Republicans are more likely to think in terms of liberty. I also think Democrats are more likely to be fearful - whether it is fear of global warming to fear of second hand smoke to fear of offensive language (and needing safe spaces).

Early last week President Trump said this: "When somebody's president of the United states, the authority is total." The comment was in reference to opening up the country, and was clearly incorrect. By mid-week he reversed himself, acknowledging that 50 governors would be making those decisions for their respective states. It is well accepted that states have a general police power. Certainly, the President has the authority to enforce federal laws. But Congress did not pass any legislation giving Trump such broad powers. Even if they had, we also know that the federal government has no inherent power to force states to comply with federal law (supremacy and related issues aside). When former Alabama Governor George Wallace stood at the doors to the University of Alabama, with state troopers at his side, it was with the intent of blocking two black students from attending. President Kennedy federalized the National Guard and ordered them to allow those black students to enter. In that case, Kennedy was enforcing the federal Constitution and federal statutory law.

New York Governor Andrew Cuomo (Dem.) said he would challenge Trump in court if "he's going to force this state...to do something that is reckless or irresponsible, that could endanger human life." Michigan's Governor Gretchen Whitmer (Dem.) imposed what some felt were overly excessive restrictions, such as not being able to travel to a second home within the state, and not allowing big box stores to sell certain items she deemed to be non-essential. Those items included seeds, paint, furniture, carpeting and flooring. Following the protests in Michigan, the state's Attorney General went straight to the race card: "I just can't hear about one more black health care worker, police officer or bus driver dies, while getting a barrage of complaints from white folks outraged because they can't go golfing."

South Dakota's Governor, Kristi Noem (Rep.), has declined to issue a state-wide stay at home order. Noem: "I believe in our freedoms and liberties. What I've seen across the country is so many people give up their liberties for just a little bit of security and they don't have to do that." In a state of just under 885,000 people (as of 2019) they have had 1300 cases of the virus and 7 deaths. Tucker Carlson of Fox News had an interesting exchange with New Jersey Governor Phil Murphy (Dem.). After pointing out that 15 men were arrested for attending a synagogue service, Carlson asked this: "The Bill of Rights...protects Americans' rights - enshrines their right to practice their religion as they see fit...by what authority did you nullify the Bill of Rights in issuing this order?" Murphy: "I wasn't thinking of the Bill of Rights when we did this...we looked at all the data and the science and it says people have to stay away from each other." He further added that he did first consult with religious leaders, including the Archbishop of Newark.

Texas Governor Greg Abbott (Rep.) expects that by Friday all retail outlets can be open for pick up or delivery, but no in-store shopping. Minnesota Governor Tim Walz (Democratic-Farmer-Labor Party) ordered that as of Saturday 5 a.m. certain outdoor activities could resume, including golfing, fishing, boating, hiking and hunting - but still follow social distancing guidelines of staying six feet apart. California Governor Gavin Newsom was the first of the governors to issue a statewide stay-at-home order, having done so on March 19. Newsom issued six guidelines that he will use to assist in determining when and how much of the state should reopen. Included is the ability to monitor the infection, prevent infection, ability of the hospitals to handle new cases, development of therapeutic treatments, the ability of schools and businesses to maintain social distancing, and the ability to reimpose certain restrictive orders. "Normal, it will not be until we have had herd immunity and a vaccine. You may be having dinner with the waiter wearing gloves and maybe a face mask...where your temperature is checked before walking in. These are likely scenarios."

Over the past 100 years or so we have seen a push toward looking to the federal government to solve all of the country's problems. That push, of course, has come mainly from Democrats and their allies in the mainstream media. Republicans have tended to argue for "states' rights." It is interesting, therefore, to see this push back from Democrats now against the federal government when it comes to deciding what is best for each state, and when and under what conditions they should reopen. It is not necessary to agree with this or that particular governor to be reminded of the brilliance of our Founding Fathers in setting up a republic of states.