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Precaution and the Pandemic — Part II

Read Part I of this pair of posts on CPRBlog.

The coronavirus has already taught us about the role of citizens and their government. First, we have learned that we have vibrant and reliable state and local governments, many of which actively responded to the pandemic even as the White House misinformed the public and largely sat on its hands for months. Second, science and expertise should not be politicized. Instead, they are necessary factors upon which we rely for information and, when necessary, for guidance about which actions to take and about how we should live our lives in threatening circumstances.

From all of this, three recommendations emerge:

  1. Regarding the precautionary principle, we should recognize there are two dimensions to the approach. First, moving slowly and watchfully can save lives. We cannot rush to put dangerous and ineffective drugs and other medical supplies on the market. At the same time, it is more important to oversupply resources than it is to wait until danger is upon us. The country should not have had to face shortages of masks or ventilators. Similarly, preparation for health crises cannot be abandoned. By way of example, the National Security Council Directorate for Global Health Security and Biodefense that had been located in the White House should not have been shut down by the Trump administration. Created in 2014 after the Ebola virus epidemic, the mission of the Directorate was to prepare for and prevent a viral epidemic or a pandemic. The existence of the Directorate was not an unnecessary regulatory cost; it was a necessary health precaution that President Trump should have kept in place.
  2. The importance of science must be recognized in the administrative state; it should not be downgraded, ignored, or distorted. This is as true for climate change as it is for coronavirus. The role and importance of science is written into the legislation that created and instructs the FDA. Its politicization goes contrary to the will of the electorate as expressed in legislation that is over a century old and has served the country well regardless of industry criticisms. When sound science is ignored, the public pays the price. The same is true for mathematics: The gruesome numbers of the coronavirus' toll are piling up in just the way the experts predicted, despite the president's wishful thinking early on.
  3. Cooperative, not antagonistic, federalism should be the rule of the day. The U.S. Constitution requires as much. For the first three months of this crisis, antagonism between the White House and some governors, as well as between some governors and their mayors, distorted the response to the coronavirus pandemic. A more smoothly operating and consistent federalism structure can benefit public health and should be observed.

In the end, the coronavirus is testing our governmental structure in a number of ways. Can our leaders rise to the challenge of taking politically painful steps in order to save lives? Will the expertise of epidemiologists, medical researchers, mathematicians, and others be thoughtfully weighed? Will legislators and chief executives be able to negotiate toward effective responses or simply toward ones that please their political supporters? And will the various levels of government be able to work together, supporting each other's efforts? On these questions, hundreds of thousands of lives depend.

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Joseph Tomain | April 3, 2020

Precaution and the Pandemic — Part II

The coronavirus has already taught us about the role of citizens and their government. First, we have learned that we have vibrant and reliable state and local governments, many of which actively responded to the pandemic even as the White House misinformed the public and largely sat on its hands for months. Second, science and expertise should not be politicized. Instead, they are necessary factors upon which we rely for information and, when necessary, for guidance about which actions to take and about how we should live our lives in threatening circumstances.

Katie Tracy | April 3, 2020

Amazon vs. Its Workers

Amazon's response to the coronavirus pandemic is the latest in a long line of instances where the company has put profit ahead of the health, safety, and economic well-being of its workforce. According to Amazon employees at its fulfillment centers and Whole Foods stores, the company is refusing to provide even basic health and safety protections for workers in jobs where they could be exposed to coronavirus.

Joseph Tomain | April 2, 2020

Precaution and the Pandemic — Part I

In this time of pandemic, we are learning about our government in real time – its strengths and weaknesses; the variety of its responses; and about our relationship, as citizens, to those we have elected to serve us. Most importantly and most immediately, we have learned the necessity of having a competent, expert regulatory structure largely immune from partisan politics even in these times of concern, anxiety, and confusion.

Daniel Farber | April 2, 2020

Federalism and the Pandemic

The states have been out in front in dealing with the coronavirus. Apart from President Trump's tardy response to the crisis, there are reasons for this, involving limits on Trump's authority, practicalities, and constitutional rulings.

David Flores | April 1, 2020

Webinar Recap: State Courts, Climate Torts, and Their Role in Securing Justice for Communities

Hundreds of thousands of Americans, from the southern California surf town of Imperial Beach to the rowhouse-lined blocks of Baltimore, are banding together to bring lawsuits against several dozen of the most powerful and wealthy corporations in the world. In March, 2020, CPR hosted the third installment of its climate justice webinar series. The webinar focused on the growing climate tort litigation movement, explored why litigants are bringing these suits, and discussed where we may see additional litigation in the next several years.

Michael C. Duff | April 1, 2020

The Coronavirus and Shortcomings of Workers’ Comp

Front-line health care workers and other first responders are in the trenches of the battle against the COVID-19 virus. The news is replete with tragic stories of these workers fearing death, making wills, and frantically utilizing extreme social distancing techniques to keep their own families sheltered from exposure to the virus. Should they contract the virus and become unable to work, they may seek workers' compensation coverage, which is the primary benefit system for workers suffering work-related injuries or diseases.

Brian Gumm | March 31, 2020

CPR Joins Advocates in Blasting EPA’s Free Pass for Polluters

On March 27, the Center for Progressive Reform joined environmental justice, public health, and community advocates in calling out the U.S. Environmental Protection Agency (EPA) for suspending enforcement of our nation's crucial environmental laws. The agency made the move as part of the Trump administration's response to the coronavirus pandemic, despite mounting evidence that increased air pollution worsens COVID-19, the disease the virus causes.

Daniel Farber | March 30, 2020

Inequality and the Coronavirus

It's a truism among disaster experts that people who were disadvantaged before a disaster are also the most vulnerable during the disaster. There are aspects of the coronavirus pandemic that fit this mold. Here are some of the disparities we can expect to see.

Daniel Farber | March 26, 2020

The Flight from Evidence-Based Regulation

The Trump administration's major deregulatory efforts share a common theme. They assiduously avoid having to rely on scientific or economic evidence. Confronting that evidence is time-consuming and difficult, particularly when it often comes out the other way. Instead, the administration has come up with clever strategies to shut out the evidence.