“An insufficient supply of ICU beds is one of the acute crisis points of the pandemic. When hospitals run out of room to treat patients who need the most help, doctors and hospital administrators must make difficult triage decisions. This affects not just COVID patients but anyone else who might be in urgent need of medical care—car crash victims or those who’ve had heart attacks—and it almost certainly means that some people will die who otherwise may have survived.
It’s a crisis that has been made worse by outdated and ineffective government regulations—known as “Certificate of Need” (CON) laws—that actually reduce the number of available hospital beds by requiring that hospitals get permission from the state before adding capacity.
In Alabama, which is one of 27 states that subjects the supply of hospital beds to CON oversight by the state, we’re now seeing some of the consequences of these rarely thought-of policies. While the surging number of serious COVID cases there and elsewhere across the country is largely the result of unvaccinated Americans being hit by the highly contagious delta variant, a restricted supply of hospital beds is not helping.
Since March 2020, states that use CON laws to regulate the supply of hospital beds have seen an average of 14.99 days per month where ICU capacity has exceeded 70 percent, according to Matthew Mitchell, a senior research fellow at the Mercatus Center who crunched Department of Health and Human Services (HHS) data and shared his findings with Reason. Meanwhile, states that do not have CON laws governing the supply of hospital beds have seen an average of just 8.65 days per month with ICU capacity exceeding 70 percent, according to Mitchell.”
“”Defining ‘misinformation’ is a challenging task, and any definition has limitations,” Murthy concedes. “One key issue is whether there can be an objective benchmark for whether something qualifies as misinformation. Some researchers argue that for something to be considered misinformation, it has to go against ‘scientific consensus.’ Others consider misinformation to be information that is contrary to the ‘best available evidence.’ Both approaches recognize that what counts as misinformation can change over time with new evidence and scientific consensus. This Advisory prefers the ‘best available evidence’ benchmark since claims can be highly misleading and harmful even if the science on an issue isn’t yet settled.”
Who decides what the “best available evidence” indicates? Trusting government-appointed experts with that job seems risky, to say the least.”
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“If those recommendations become commands, they would clearly impinge on the First Amendment rights of social media companies and people who use their platforms. But even if such regulations could pass constitutional muster, they would face the same basic problem as voluntary efforts to curb “misinformation”: Once you get beyond clear examples like warnings about vaccine-induced mass sterility, misinformation is in the eye of the beholder.”
“In a performative bid against “human trafficking,” Texas has raised the legal age for working at a strip club from 18 to 21 years old, putting many employees out of work and putting clubs that hire them—even inadvertently—in risk of serious legal penalties, including up to 20 years in prison and a $10,000 fine. The state also updated part of its penal code to define “child” as anyone under age 21.
There’s no evidence that legal strip clubs in Texas are rife with underage workers (which would already be against the law), nor that young adults working in these clubs are at higher risk of human trafficking. Texas lawmakers—and their counterparts in Congress and in states across the country—love to Do Something About Sexual Exploitation even if that thing has serious ancillary consequences and no chance in hell of accomplishing its stated goals.
What the new Texas law (S.B. 315) will do is make it illegal for young adult women inclined to work at a strip club to do so—driving up the likelihood that some of them will instead engage in more risky forms of sex work and/or fall into the arms of exploitative third parties (those who police call “traffickers” and “pimps”). Meanwhile, someone already under the control of a “trafficker” will still be, but in a location further underground.
“Those who pushed the bill may feel like heroes for ‘rescuing’ 18, 19, and 20-year-olds from what they believe to be the horrors of the sex industry,” writes Jessie Sage—managing editor of Peepshow mag and a self-described erotic laborer—in a blog post about the Texas legislation and those who will be pushed out of employment because of it. “Yet, in the wake of a global pandemic that has devastated the economy, and a lack of employment protections for sex workers, the sure harms of such laws far outstrip any imagined benefit, particularly for the young dancers whose livelihoods now hang in the balance.””
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“Strip clubs aren’t the only ones affected. The law—which was signed into law on May 24 and took effect immediately—says all “sexually oriented businesses” must comply with the new age limit. So working at shops selling sex toys, porn, or other adult goods is now off limits for adults under age 21, even though it’s legal for these same adults to purchase sex toys, purchase porn, or go to strip clubs and other sex-related businesses. Adult modeling studios, webcam studios, and their ilk are off limits too.
Any sexually oriented business found employing someone 18 to 20 years old in any capacity (with the exception of as an “independent contractor solely performing repair, maintenance, or construction services at the business”) is now guilty of a class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.
Anyone employing an 18- to 20-year-old to work nude, topless, or “in a sexually oriented commercial activity”—that is, “a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer”—is now guilty of violating the state’s law against Employment Harmful to Children, a felony.
Employing someone ages 18 to 20 to work nude, topless, or in a sexually oriented commercial activity has become a second-degree felony, punishable by a mandatory minimum of two years in prison (and possibly as many as 20 years in prison), plus a fine of up to $10,000. “Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense,” the law states.”
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“”Rather than pearl-clutching moralism, law makers would be better off listening to the chorus of sex workers who tell them that these laws are harmful to their community and young people who will be pushed into making more dangerous choices when clubs are no longer available to them,” suggests Sage. “If they were actually interested in protecting young sex workers, they would listen to them; sex workers know what they need, and it’s not less opportunity.””
“I don’t know the correct level of content moderation by Facebook, Twitter, Google, or Amazon. And neither do you.
Sometimes I can pinpoint what looks to me like an obvious misstep”
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“But I also know deciding what and whom to allow on your platform is a hard problem. Scale is hard”
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“The difficulty of this task hasn’t stopped everyone from elected politicians to think-tankers to pundits from looking for ways to punish tech companies for doing it wrong. These folks disagree about what is broken in the status quo, but the calls to action are no less strident for all that.
For every person arguing against moderation on the grounds of ideological bias, there is someone else pushing for more aggressive moderation to control rampant hate speech or “disinformation”—which can mean everything from objectively false claims to arguments that some users consider subjectively offensive. There are those who find the profit-making aspect of the whole industry distasteful, and there are those who fret about the difficulties faced by would-be competitors due to the sheer size of the companies in question.
The push to crack down on Big Tech is both bipartisan and fiercely politically tribal—the worst of both worlds.
The proposed solutions are numerous, and nearly all involve aggressive government action: break up some or all Big Tech firms via antitrust, remove longstanding liability protections by rewriting Section 230 of the Communications Decency Act, treat social media platforms as public utilities or common carriers with all the constraints that entails, reinstate the Fairness Doctrine, and much more.”
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“Any legislative or regulatory restriction on Big Tech will not be a triumph of the oppressed over the powerful. It will be yet another instance of the already powerful wielding the state’s machinery to compel private companies to do what they want, likely at the expense of their market competitors or political enemies. Such reforms are far more likely to be censorship than to reduce censorship, in the strictest sense.
It has become fashionable on both the left and the right to argue that Big Tech is now more powerful than a government or perhaps indistinguishable from one. Here is a list of things governments sometimes do if they dislike what you say or how you say it: lock you up, take your property, take your children, send you to die in a war. Here is a list of things tech companies sometimes do: delete your account.
Twitter, Facebook, Amazon, and Google do play a huge role in many people’s lives. To be kicked off a popular platform can be deeply unpleasant and unnerving. But the notion that political interference will result in broader access to a better product is naive at best and dangerous at worst.
On platforms that do any moderation or curation at all—both functions that are necessary for a pleasant or even comprehensible user experience—there are going to be many thousands of borderline calls each day, by humans and robots alike. And those decisions get more plentiful and complex over time. That, in turn, generates more room for error, and more consumer demand for clarity.”
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“Every single one of these sites is entirely or primarily free to use. Yes, they make money, sometimes lots of it. But the people who are absolutely furious about the service they are receiving are, by any definition, getting much more than they paid for. The results of a laissez-faire regime on the internet have been remarkable, a flowering of innovation and bountiful consumer surplus.
The question of the correct level of content moderation by Facebook, Twitter, Google, Amazon, and their would-be rivals is not a question that needs to be answered in the sphere of politics. We do not need to agree on a single answer. Which is good, because we never will.”
“One test is unfolding in Nevada in a fight over a planned lithium mine and a rare desert wildflower. A mining company, ioneer Ltd., has proposed building a large-scale lithium-boron mine in western Nevada (the first of its kind in the United States) to supply materials for electric vehicle batteries, wind turbines, and other clean-energy technologies. If approved, the mine could quadruple domestic lithium production and help build 400,000 electric cars each year, according to the company’s estimates, helping to advance Biden’s goal “to win the EV market.”
But a rare plant may stop the project from breaking ground. The site is also home to Tiehm’s buckwheat, a pale yellow wildflower that is only found on a 10-acre patch of lithium-rich soil within the project area. Last year, the Center for Biological Diversity, a litigious environmental group, sued the U.S. Fish and Wildlife Service, demanding emergency protections for the buckwheat to block the mine. On Thursday, in response to a court order, the service proposed listing the buckwheat under the Endangered Species Act. The Biden administration now has until September 30 to issue a proposed rule to protect the plant, which could all but doom the lithium mine.
It’s a familiar story: A tangled web of environmental laws and regulations gives litigious groups ample opportunities to stall development projects or thwart them altogether. That strategy works well when environmentalists’ goal is to stop things from happening, but it’s likely to be a major obstacle to building the infrastructure and technological capacity to achieve Biden’s clean-energy vision, which will require many new mining operations, solar and wind farms, transmission lines, and other forms of development.”
“There aren’t enough homes to meet the demand for would-be homeowners, and there aren’t enough homes to meet the demand for renters. The US needs to build enough housing to support the number of people who need a place to live. And to do that, it needs to change local zoning laws that seek to prop up current homeowners’ investments by preventing more dense housing from being built. If it doesn’t, prices will continue to rise.”
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“The biggest concern is that when you want to move to a new job, there might not be a house to buy or a place to rent for you and your family. That when your kids grow up, there will be zero homes available nearby for them to live in. That when your parents want to downsize, or are unable to afford their mortgage on a fixed income during retirement, they’ll be forced to move out of their community because there are no available places to live.
This is a crisis of our own making. The housing frenzy that accompanies the current moment is a byproduct of turning an asset that could be widely available into a scarce one. It’s up to local, state, and federal authorities to reverse that trend quickly or face the consequences.”
“Thanks to the Davis-Bacon Act of 1931, which mandates that all infrastructure projects receiving federal funding pay “prevailing” (generally union) wages, organized labor has been getting a piece of the action for nearly a century. This requirement raises labor costs by as much as 22 percent, according to an analysis by Suffolk University’s Beacon Hill Institute.
The president’s insistence that he’ll sign off on a contract only if it’s with “an American company with American products all the way down the line and American workers” will raise costs even further. Existing “Buy American” provisions are a well-established driver of transportation project costs.
A 2019 report from the Congressional Research Service found that buying American steel costs around twice as much as importing it from China. Requiring road builders to use pricier domestic steel raised the cost of highway construction by about $2 billion from 2009 to 2011, back when then–Vice President Biden was overseeing the spending of stimulus dollars on infrastructure projects.
If the president’s goal were truly to “build, baby, build,” he would be making every effort to pare back regulations that raise the labor and material costs of federal infrastructure projects. Instead, Biden wants to double down on those rules.”
“HFCs have only been used in appliances since the 1990s, as a replacement for ozone-depleting chemicals, but their use has grown at a terrifying rate. While HFCs still only comprise about 1 percent of total greenhouse emissions, they are thousands of times better at trapping heat than carbon over a 20-year period.”
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“another big task awaits for President Joe Biden to rein in HFCs: ratifying the 2016 Kigali Amendment, the global agreement to phase down these dangerous chemicals by 85 percent before 2050. It’s one of many amendments that has been added to the Montreal Protocol since 1987, a treaty that has been used to phase out ozone-depleting chemicals.
Every one of these amendments was ratified and implemented successfully by the US —except Kigali, the one that came along just as Trump and Republicans took power and brought climate action to a standstill.”
“This isn’t speculation. We know what this law bill will do to freelancers because it’s based on A.B. 5, legislation passed in California in 2019 that codified extremely restrictive rules controlling who was allowed to work as an independent contractor. The law was written deliberately to attack the gig economy and companies like Uber and Lyft, which operate on a business model in which drivers are classified as independent contractors. This means they can set their own hours and control their work schedules, but also means they don’t qualify for certain benefits. And it also makes it much harder for union supporters to organize them.
But A.B. 5 was written so broadly that in practice it affected thousands of different jobs, threatening hairdressers, freelance journalists, real estate agents, translators, musicians, and many, many others. Ultimately, the bill’s own creator had to pass legislation last year that carved out a bunch of occupational exemptions. The ride-sharing and delivery drivers were left in, but then California voters in November supported a ballot initiative that exempted them as well.
A.B. 5 is in tatters but is still officially on the books. A federal ruling had exempted truck drivers from A.B. 5, accepting the argument that it was preempted by federal transportation law. But on Wednesday, a panel of three judges in the U.S. Court of Appeals for the 9th Circuit reversed the lower court’s order, meaning that independent truckers may soon be affected by the law, hampering their ability to find work unless a company takes them on as employees.
Circuit Judge Mark J. Bennett was the sole dissenter, noting that “[California Trucking Association’s] members will now suffer irreparable injury.”
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“Embedded within the PRO Act is text to take A.B. 5 nationwide, despite California voters’ rejection of the measure. It sets the exact same rules restricting who is permitted to be classified as an independent contractor, regardless of what the worker actually wants. This, to be clear, is completely intentional. A.B. 5 proponent Assemblywoman Lorena Gonzalez (D–San Diego) dismissed the concerns of freelancers, saying, “These were never good jobs.” It was very clearly her goal to dismantle and destroy the ability for workers to decide to make careers out of being independent contractors.”