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America isn’t ready for a fix-the-Yorktown type emergency push for many reasons, including that we have a lot of rules and regulations for privacy, safety, and other agreeable reasons. From the New York Times:

‘It’s Just Everywhere Already’: How Delays in Testing Set Back the U.S. Coronavirus Response
A series of missed chances by the federal government to ensure more widespread testing came during the early days of the outbreak, when containment would have been easier.

A research project in Seattle tried to conduct early tests for the new coronavirus but ran into red tape before circumventing federal officials and confirming a case.

By Sheri Fink and Mike Baker
March 10, 2020

Dr. Helen Y. Chu, an infectious disease expert in Seattle, knew that the United States did not have much time.

In late January, the first confirmed American case of the coronavirus had landed in her area. Critical questions needed answers: Had the man infected anyone else? Was the deadly virus already lurking in other communities and spreading?

As luck would have it, Dr. Chu had a way to monitor the region. For months, as part of a research project into the flu, she and a team of researchers had been collecting nasal swabs from residents experiencing symptoms throughout the Puget Sound region.

To repurpose the tests for monitoring the coronavirus, they would need the support of state and federal officials. But nearly everywhere Dr. Chu turned, officials repeatedly rejected the idea, interviews and emails show, even as weeks crawled by and outbreaks emerged in countries outside of China, where the infection began.

By Feb. 25, Dr. Chu and her colleagues could not bear to wait any longer. They began performing coronavirus tests, without government approval.

What came back confirmed their worst fear. They quickly had a positive test from a local teenager with no recent travel history. The coronavirus had already established itself on American soil without anybody realizing it.

“It must have been here this entire time,” Dr. Chu recalled thinking with dread. “It’s just everywhere already.”

In fact, officials would later discover through testing, the virus had already contributed to the deaths of two people, and it would go on to kill 20 more in the Seattle region over the following days.

Federal and state officials said the flu study could not be repurposed because it did not have explicit permission from research subjects; the labs were also not certified for clinical work. While acknowledging the ethical questions, Dr. Chu and others argued there should be more flexibility in an emergency during which so many lives could be lost. On Monday night, state regulators told them to stop testing altogether. …

But the Seattle Flu Study illustrates how existing regulations and red tape — sometimes designed to protect privacy and health — have impeded the rapid rollout of testing nationally, while other countries ramped up much earlier and faster. …

C.D.C. officials repeatedly said it would not be possible. “If you want to use your test as a screening tool, you would have to check with F.D.A.,” Gayle Langley, an officer at the C.D.C.’s National Center for Immunization and Respiratory Disease, wrote back in an email on Feb. 16. But the F.D.A. could not offer the approval because the lab was not certified as a clinical laboratory under regulations established by the Centers for Medicare & Medicaid Services, a process that could take months.

It’s difficult to know the optimal way to balance off worthy considerations in normal times versus emergencies. It’s also hard to know when is an emergency.

 
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  1. I’m starting to have fun trying to detect the bullshit jobs in this new context.

    “Market” denizens and “traders”, pundits, pols, campaign managers, …

  2. As far as patient consent (a good thing, generally) is concerned, couldn’t they just have contacted patients and obtain consent?

    • Replies: @ben tillman

    As far as patient consent (a good thing, generally) is concerned, couldn’t they just have contacted patients and obtain consent?
     
    Of course, and who cares?
    , @Erik L
    They would have had to get a new approval from the institutional review board as well. I think this article is stacking the deck a bit. You would have exactly the same issue in most other countries, those in Europe anyway. The key fact is that they wanted to do this on an existing research study. If the department of health wanted to just tell ED's across the state to test everybody I suspect they could.
  3. Ah yes, the NYT. Our nation’s loudest voice in favor of open borders. I’ve been meaning to ask: How’s that working out lately?

    P.S. Do not–I repeat do not–believe everything you read in the New York Times. Especially when it comports neatly with their preferred narrative. And it always comports with their preferred narrative.

  4. Simple. When it starts affecting the Media and its tool, the DNC, it’s an emergency. And rules don’t apply.

  5. “It’s difficult to know the optimal way to balance off worthy considerations in normal times versus emergencies. It’s also hard to know when is an emergency.”

    That’s when you hope your politicians and bureaucrats earn their corn.

    The sheer lack of preparation for a viral epidemic in the US is jaw-dropping. Moreover, as far as I can see, the armies of activists arguing for health reform have concentrated their case on private health with nary a mention of public health. Bet you they’ve already started lying about that.

    • Replies: @Forbes

    It’s also hard to know when is an emergency.
     
    Trump declared an emergency on Feb. 1. That was when Pelosi, the Dems, media, accused Trump of being raycist, premature, overreacting, etc., etc.

    Media only reports what it wants in order to reinforce The Narrative: Orange Man Bad.
  6. @LemmusLemmus
    As far as patient consent (a good thing, generally) is concerned, couldn't they just have contacted patients and obtain consent?

    As far as patient consent (a good thing, generally) is concerned, couldn’t they just have contacted patients and obtain consent?

    Of course, and who cares?

  7. Shin Gojira: The Political Godzilla

    • Replies: @MEH 0910
    Shin Gojira Political Satire Explained
    https://www.youtube.com/watch?v=vUDoMwHhjRQ

    Shin Gojira 3-11 Parallels Explained
    https://www.youtube.com/watch?v=XaWZN7TDpmI

    110 Things You Missed In Shin Gojira | Godzilla Explained
    https://www.youtube.com/watch?v=zpH1NhqOfsY
  8. @MEH 0910
    Shin Gojira: The Political Godzilla
    https://www.youtube.com/watch?v=XR38sFgsDn8

    Shin Gojira Political Satire Explained

    [MORE]

    Shin Gojira 3-11 Parallels Explained

    110 Things You Missed In Shin Gojira | Godzilla Explained

  9. anon[102] • Disclaimer says:

    CDC…Too clever by half. (1)

    The CDC’s test was designed to use three main sets of primers and probes — two that match just the novel coronavirus, and one that matches a variety of highly similar viruses. Someone infected with COVID-19 should test positive for all three, while someone who’s not infected should be negative for all three. A person who has SARS would only test positive using the third primer and probe set, thereby offering a way to theoretically discriminate between SARS-CoV-2 and other similar viruses. That concern, however, is hypothetical in this case, since there isn’t a known outbreak of SARS, or severe acute respiratory syndrome.

    The problem with the original CDC test was its clever but unnecessary 3rd probe. Whose idea was this?

    This was also presumably why we couldn’t use The WHO test. Or just bought a few million kits from the Chinese. Or subbed it out to Quest Diagnostics right away.

    (1) https://www.factcheck.org/2020/03/the-facts-on-coronavirus-testing/

    (2) https://www.questdiagnostics.com/home/Covid-19/

  10. @LemmusLemmus
    As far as patient consent (a good thing, generally) is concerned, couldn't they just have contacted patients and obtain consent?

    They would have had to get a new approval from the institutional review board as well. I think this article is stacking the deck a bit. You would have exactly the same issue in most other countries, those in Europe anyway. The key fact is that they wanted to do this on an existing research study. If the department of health wanted to just tell ED’s across the state to test everybody I suspect they could.

  11. HIPPA is over the top and unnecessary. It causes more problems than it solves.

    If Trump blows this, and it looks like he is, then the he is bringing the legitimacy of his base into question. Heritage Americans have no other leader.

  12. Remember the Kuwaiti oil field fires? There were 600 of them. It would have taken Red Adair 10 years to put them out at a rapid rate of 1 per week. But they got done well within a year.

    https://en.wikipedia.org/wiki/Kuwaiti_oil_fires

  13. Dr. Helen Y. Chu, an infectious disease expert…

    Any relation to Pika, part of another viral phenomenon?

    Chu on that for a moment.

  14. It’s difficult to know the optimal way to balance off worthy considerations in normal times versus emergencies. It’s also hard to know when is an emergency.

    There are basically two ways for a government to get things done.

    One is the military command model, in which the commanders have incredible discretion over vast resources and can make life or death decisions on the fly. (Say, blowing up a bridge to prevent an enemy advance or ordering 1,000 men to charge a hill.) Under this model, a leader can take big risks. The results can be brilliant success or massive waste and failure.

    The other model is the bureaucracy. Like the Post-Office or the DMV, it is run by mechanically following the rules. If form X is filled out properly, then action Y must be taken. Nobody has any discretion and the result is predictable, inflexible mediocrity.

    The clash of the two models was famously demonstrated when EMTs from around the country were rushed to New Orleans during Katrina, but instead of going out to save people they had to sit through mandatory sexual harassment training and other HR nonsense.

    There needs to be a way to selectively allow a military-style intervention in the normal running of the bureaucracies for emergency (or emergency-prevention) situations. The problem is, it’s also obvious how this power could be easily abused based on ulterior motives.

    • Agree: Charon
    • Replies: @PiltdownMan

    There needs to be a way to selectively allow a military-style intervention in the normal running of the bureaucracies for emergency (or emergency-prevention) situations.
     
    There used to be.

    FDR claimed vast, unchecked power by declaring a national emergency in 1993, with subsequent use of that power in very broad ways during WWII. The Supreme Court started curtailing the scope of those powers in the early 1950s, and Congress pretty much ended that era of Presidential emergency actions with the National Emergencies Act in the seventies, which severely limited Presidents in the powers they could claim.

  15. Is epidemiology the new diversity racket?

  16. @dearieme
    "It’s difficult to know the optimal way to balance off worthy considerations in normal times versus emergencies. It’s also hard to know when is an emergency."

    That's when you hope your politicians and bureaucrats earn their corn.

    The sheer lack of preparation for a viral epidemic in the US is jaw-dropping. Moreover, as far as I can see, the armies of activists arguing for health reform have concentrated their case on private health with nary a mention of public health. Bet you they've already started lying about that.

    It’s also hard to know when is an emergency.

    Trump declared an emergency on Feb. 1. That was when Pelosi, the Dems, media, accused Trump of being raycist, premature, overreacting, etc., etc.

    Media only reports what it wants in order to reinforce The Narrative: Orange Man Bad.

  17. A decent model, imo, was the split between intelligence and “law enforcement”.
    The intelligence and counter-intelligence people could generally poke into whatever they wanted to protect the country, but they couldn’t use that info to punish people for speeding or tax evasion or whatever.

    The lack of it also caused the retarded Trump Russia thing:
    it’s good imo for CIA / FBI to look into whether Russia’s trying to infiltrate the Trump campaign or blackmailing him or whatever.
    If you involved a massive evil plot, then good.
    BUT when there’s nothing obviously going on, let it be, don’t try to play these stupid games with the foreign Agent Registration act or whether people paid taxes on their leather suits.

    Same kind of thing should apply with the health stuff.

  18. RIP, Neil Innes and Terry Jones

  19. @Hypnotoad666

    It’s difficult to know the optimal way to balance off worthy considerations in normal times versus emergencies. It’s also hard to know when is an emergency.
     
    There are basically two ways for a government to get things done.

    One is the military command model, in which the commanders have incredible discretion over vast resources and can make life or death decisions on the fly. (Say, blowing up a bridge to prevent an enemy advance or ordering 1,000 men to charge a hill.) Under this model, a leader can take big risks. The results can be brilliant success or massive waste and failure.

    The other model is the bureaucracy. Like the Post-Office or the DMV, it is run by mechanically following the rules. If form X is filled out properly, then action Y must be taken. Nobody has any discretion and the result is predictable, inflexible mediocrity.

    The clash of the two models was famously demonstrated when EMTs from around the country were rushed to New Orleans during Katrina, but instead of going out to save people they had to sit through mandatory sexual harassment training and other HR nonsense.

    There needs to be a way to selectively allow a military-style intervention in the normal running of the bureaucracies for emergency (or emergency-prevention) situations. The problem is, it's also obvious how this power could be easily abused based on ulterior motives.

    There needs to be a way to selectively allow a military-style intervention in the normal running of the bureaucracies for emergency (or emergency-prevention) situations.

    There used to be.

    FDR claimed vast, unchecked power by declaring a national emergency in 1993, with subsequent use of that power in very broad ways during WWII. The Supreme Court started curtailing the scope of those powers in the early 1950s, and Congress pretty much ended that era of Presidential emergency actions with the National Emergencies Act in the seventies, which severely limited Presidents in the powers they could claim.

    • Thanks: Hypnotoad666
    • Replies: @Hypnotoad666

    There used to be. FDR claimed vast, unchecked power by declaring a national emergency in [1933], with subsequent use in very broad ways during WWII. The Supreme Court started curtailing the scope of those powers in the early 1950s, and Congress pretty much ended that ability with the National Emergencies Act in the seventies, which severely limited Presidents in the powers they could claim.
     
    Thanks. In case anyone else is curious, below is what Wikipedia has to say about the National Emergencies Act. Also, there is a separate Public Health Services Act from 1944 that specifically covers quarantines powers.

    I. Procedures for Invoking Emergency Powers

    The Act authorizes the President to activate emergency provisions of law via an emergency declaration on the condition that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. After presidents objected to this "Congressional termination" provision on separation of powers grounds, and the Supreme Court in INS v. Chadha (1983) held such provisions to be an unconstitutional legislative veto,[16] it was replaced in 1985 with termination by an enacted joint resolution. A joint resolution passed by both chambers requires presidential signature, giving the president veto power over the termination (requiring a two-thirds majority in both houses in the case of a contested termination).[17] The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.
     
    II. Scope of Emergency Powers

    Congressionally authorized emergency presidential powers are sweeping and dramatic, and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, passed 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f), passed 1977); to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a), passed 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018[18]); to drafting any retired Coast Guard officers (14 U.S.C. § 331, passed 1963) or enlisted members (14 U.S.C. § 359, passed 1949) into active duty regardless of ineligibility for Selective Service. https://en.wikipedia.org/wiki/National_Emergencies_Act#Provisions
     
    III. Public Health Service Act.

    The act clearly established the federal government's quarantine authority for the first time. It gave the United States Public Health Service responsibility for preventing the introduction, transmission and spread of communicable diseases from foreign countries into the United States.[4]

    The Public Health Service Act granted the original authority for scientists and special consultants to be appointed "without regard to the civil-service laws", known as a Title 42 appointment.[5]
    https://en.wikipedia.org/wiki/Public_Health_Service_Act
     
  20. @PiltdownMan

    There needs to be a way to selectively allow a military-style intervention in the normal running of the bureaucracies for emergency (or emergency-prevention) situations.
     
    There used to be.

    FDR claimed vast, unchecked power by declaring a national emergency in 1993, with subsequent use of that power in very broad ways during WWII. The Supreme Court started curtailing the scope of those powers in the early 1950s, and Congress pretty much ended that era of Presidential emergency actions with the National Emergencies Act in the seventies, which severely limited Presidents in the powers they could claim.

    There used to be. FDR claimed vast, unchecked power by declaring a national emergency in [1933], with subsequent use in very broad ways during WWII. The Supreme Court started curtailing the scope of those powers in the early 1950s, and Congress pretty much ended that ability with the National Emergencies Act in the seventies, which severely limited Presidents in the powers they could claim.

    Thanks. In case anyone else is curious, below is what Wikipedia has to say about the National Emergencies Act. Also, there is a separate Public Health Services Act from 1944 that specifically covers quarantines powers.

    I. Procedures for Invoking Emergency Powers

    The Act authorizes the President to activate emergency provisions of law via an emergency declaration on the condition that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. After presidents objected to this “Congressional termination” provision on separation of powers grounds, and the Supreme Court in INS v. Chadha (1983) held such provisions to be an unconstitutional legislative veto,[16] it was replaced in 1985 with termination by an enacted joint resolution. A joint resolution passed by both chambers requires presidential signature, giving the president veto power over the termination (requiring a two-thirds majority in both houses in the case of a contested termination).[17] The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.

    II. Scope of Emergency Powers

    Congressionally authorized emergency presidential powers are sweeping and dramatic, and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, passed 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f), passed 1977); to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a), passed 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018[18]); to drafting any retired Coast Guard officers (14 U.S.C. § 331, passed 1963) or enlisted members (14 U.S.C. § 359, passed 1949) into active duty regardless of ineligibility for Selective Service. https://en.wikipedia.org/wiki/National_Emergencies_Act#Provisions

    III. Public Health Service Act.

    The act clearly established the federal government’s quarantine authority for the first time. It gave the United States Public Health Service responsibility for preventing the introduction, transmission and spread of communicable diseases from foreign countries into the United States.[4]

    The Public Health Service Act granted the original authority for scientists and special consultants to be appointed “without regard to the civil-service laws”, known as a Title 42 appointment.[5]
    https://en.wikipedia.org/wiki/Public_Health_Service_Act

    • Replies: @Hypnotoad666
    Incidentally, emergency powers are vital to handling, well, emergencies. On the other hands, few things are as dangerous to a democracy. One recalls that everything Hitler did was legally authorized by the 1933 Enabling Act that granted him open-ended emergency powers in response.
    https://en.wikipedia.org/wiki/Enabling_Act_of_1933#:~:text=The%20Enabling%20Act%20(German%3A%20Erm%C3%A4chtigungsgesetz,the%20involvement%20of%20the%20Reichstag.
  21. @Hypnotoad666

    There used to be. FDR claimed vast, unchecked power by declaring a national emergency in [1933], with subsequent use in very broad ways during WWII. The Supreme Court started curtailing the scope of those powers in the early 1950s, and Congress pretty much ended that ability with the National Emergencies Act in the seventies, which severely limited Presidents in the powers they could claim.
     
    Thanks. In case anyone else is curious, below is what Wikipedia has to say about the National Emergencies Act. Also, there is a separate Public Health Services Act from 1944 that specifically covers quarantines powers.

    I. Procedures for Invoking Emergency Powers

    The Act authorizes the President to activate emergency provisions of law via an emergency declaration on the condition that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. After presidents objected to this "Congressional termination" provision on separation of powers grounds, and the Supreme Court in INS v. Chadha (1983) held such provisions to be an unconstitutional legislative veto,[16] it was replaced in 1985 with termination by an enacted joint resolution. A joint resolution passed by both chambers requires presidential signature, giving the president veto power over the termination (requiring a two-thirds majority in both houses in the case of a contested termination).[17] The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.
     
    II. Scope of Emergency Powers

    Congressionally authorized emergency presidential powers are sweeping and dramatic, and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, passed 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f), passed 1977); to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a), passed 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018[18]); to drafting any retired Coast Guard officers (14 U.S.C. § 331, passed 1963) or enlisted members (14 U.S.C. § 359, passed 1949) into active duty regardless of ineligibility for Selective Service. https://en.wikipedia.org/wiki/National_Emergencies_Act#Provisions
     
    III. Public Health Service Act.

    The act clearly established the federal government's quarantine authority for the first time. It gave the United States Public Health Service responsibility for preventing the introduction, transmission and spread of communicable diseases from foreign countries into the United States.[4]

    The Public Health Service Act granted the original authority for scientists and special consultants to be appointed "without regard to the civil-service laws", known as a Title 42 appointment.[5]
    https://en.wikipedia.org/wiki/Public_Health_Service_Act
     

    Incidentally, emergency powers are vital to handling, well, emergencies. On the other hands, few things are as dangerous to a democracy. One recalls that everything Hitler did was legally authorized by the 1933 Enabling Act that granted him open-ended emergency powers in response.
    https://en.wikipedia.org/wiki/Enabling_Act_of_1933#:~:text=The%20Enabling%20Act%20(German%3A%20Erm%C3%A4chtigungsgesetz,the%20involvement%20of%20the%20Reichstag.

  22. The more difficult the policy decision, the more localized it should be made. People will gladly uproot and relocate to avoid having idiots kill them with their idiotic social theories but the price you have to pay is letting people enforce their borders.

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