Author Archives: Michael Froomkin

The First Thing We Do is Praise (Certain) Lawyers

Dick the Butcher in Henry VI, part II, act IV, Scene II, Line 73 explains the necessary first step to seizing power illegally.

Trump really did attempt a coup.

Mr. Rosen, Mr. Donoghue and Mr. Pak — all Republicans — testified that Mr. Trump was not seeking their legal advice, but strong-arming them to violate their oaths of office, undermine the results of the election and subvert the Constitution.

What stopped him?  Two things: 1) Lawyers with a basic core of ethics that required fidelity to bedrock democratic values;  and 2) the general incompetence of the plotters (cf. events of Jan 6, 2020).

I believe this has important implications for how we teach law students.  More discussion of (or paeans to?) the values of the rule of law in a democratic society may be in order.  At least until the Supreme Court makes ashes of it in our mouths, at which point…what?…Edward Luttwak?

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Posted in Law School, The Scandals | 1 Comment

The First Terrific Ad of the 2022 Election Cycle

I’ve seen a bunch of frankly unimpressive attack ads this cycle. (Yes, looking at you, Remove Ron.) Here’s a reminder of how positive ads can be so much much better. This ad for Charles Graham in North Carolina could bring a tear to the eye if you are the weepy sort:

Great ad, but alas not a perfect candidate. If that doesn’t put you off, you can donate here.

Posted in 2022 Election | Leave a comment

Spot the Outlier

Source: Johns Hopkins via Kevin Drum

Posted in COVID-19 | Leave a comment

Death Panels Spotted (2)

NYT, In Alaska’s Covid Crisis, Doctors Must Decide Who Lives and Who Dies: Amid the nation’s worst Covid-19 outbreak, patients are trapped in remote communities and doctors are prioritizing treatment based on who is most likely to survive.

Mike Baker writes,

There was one bed coming available in the intensive care unit in Alaska’s largest hospital.

It was the middle of the night, and the hospital, Providence Alaska Medical Center in Anchorage, had been hit with a deluge of coronavirus patients. Doctors now had a choice to make: Several more patients at the hospital, most of them with Covid-19, were in line to take that last I.C.U. spot. But there was also someone from one of the state’s isolated rural communities who needed to be flown in for emergency surgery.

Who should get the final bed?

Dr. ​​Steven Floerchinger gathered with his colleagues for an agonizing discussion. They had a better chance of saving one of the patients in the emergency room, they determined. The other person would have to wait.

That patient died.

“This is gut-wrenching, and I never thought I’d see it,” said Dr. ​​Floerchinger, who has been in practice for 30 years. “We are taxed to a point of making decisions of who will and who will not live.”

Of course, it’s a red state and vaccination rates are low, and cases are spiking.

Previously: Death Panels Spotted in Idaho.

Posted in COVID-19 | Leave a comment

Real or Onion?

Gov. Ron DeSantis, R-Fla., questioned Tuesday if the United States should rethink its diplomatic relationship with Australia given its strict, military-enforced COVID-19 lockdowns…

“You know, you guys, look what’s going on in Australia right now. You know, they’re enforcing, after a year and a half, they’re still enforcing lockdowns by the military.”

“That’s not a free country. It’s not a free country at all. In fact, I mean, I wonder why we would still have the same diplomatic relations when they’re doing that. Is Australia freer than China, communist China, right now? I don’t know. The fact that that’s even a question tells you something has gone dramatically off the rails with some of this stuff.”

So, real or Onion? You decide, then click through for the answer.

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Posted in COVID-19, Florida, Onion/Not-Onion, Politics: International | Leave a comment

LA Times Says Gov. Ron DeSantis is #1 Reason Why Florida is Doing So Much Worse than California on COVID

DeSantis COVID PolicyLA Times, How Florida fell so far behind California in battling the coronavirus:

Since the beginning of the COVID-19 pandemic, California and Florida have stood as polar opposites in how government should respond to the coronavirus.

California Gov. Gavin Newsom last year backed sweeping stay-at-home orders, and this summer supported targeted vaccination requirements and indoor mask rules. In Florida, Gov. Ron DeSantis led efforts to ban health rules: he issued an order prohibiting mask requirements and signed a law banning vaccine passports — requirements by businesses or government agencies to show proof of vaccination to gain services.

[…]

A Los Angeles Times analysis found that of the nation’s 50 states, Florida had the worst COVID-19 death and coronavirus case rate for the summer.

California, by contrast, for the summer had only about one-sixth of Florida’s COVID-19 death rate, and one-third of Florida’s case rate.

For every 100,000 Floridians, 70 residents died over the summer, while for every 100,000 Californians, 12 residents died.

[…]

Higher vaccination rates and mask use indoors “have helped to blunt this fourth surge in California as compared to Florida,” said Dr. Robert Kim-Farley, medical epidemiologist and infectious diseases expert at the UCLA Fielding School of Public Health. “We are seeing better application of public health measures in California compared to Florida.”

Of the nation’s 10 most populous states, Florida now has the second worst cumulative COVID-19 death rate since the  pandemic began, with 262 deaths for every 100,000 residents. Only New York has a higher death rate — 281. California’s rate is 176.

[…]

In other words, if California had Florida’s cumulative COVID-19 death rate, an additional 34,000 Californians would have died. And if Florida had California’s death rate, 18,000 fewer Floridians would have died.

[…]

Some epidemiologists and infectious diseases experts say Florida was hurt by leaders there making statements contradicting those made by leading scientists and the U.S. Centers for Disease Control and Prevention, which advised by late July that masks again be worn again in indoor public settings.

[…]

DeSantis, Florida’s governor, has made statements contradicting the CDC, stating in an executive order that “forcing students to wear masks lacks a well-grounded scientific justification.” In fact, there is plenty of evidence suggesting masks help: a study published last week by the CDC found that, in Arizona’s two most populous counties, schools without mask requirements were 3½ times more likely to have coronavirus outbreaks than those with mask rules.

[…]

In Florida, [University of Florida epidemiologist Cindy] Prins said she and other public health experts found their work and expertise criticized, misconstrued and politicized around whether masks work, vaccine efficacy and the merits of social distancing.

[…]

[Ali Mokdad, an epidemiologist at the Institute for Health Metrics and Evaluation at the University of Washington, which runs a widely cited forecast of pandemic projections] lamented key steps that could’ve inspired more people to get vaccinated. DeSantis, for instance, notably declined to get vaccinated in front of news cameras, and held an event criticizing government vaccination requirements, where he stood along side several workers employed by the city of Gainesville who said the government shouldn’t force them to get vaccinated, according to the Associated Press.

Thank you Governor DeSantis!

Posted in COVID-19, Florida | 1 Comment