On this Thanksgiving Day, We Can Be Thankful for America's Great Pharmaceutical Companies

As I write this on the Sunday before Thanksgiving, politics aside, I think we have a lot to be thankful for. This is true, even though as of today the death count attributed to the coronavirus here in the U.S. is 256,000. Is this bad? Yes. Could it be worse? Yes. Is it likely to be the worst pandemic ever to strike the U.S.? No.


In 1918, the "Spanish Flu" struck the United States. The Centers for Disease Control and Prevention (CDC) tells us, "The 1918 influenza pandemic was the most severe pandemic in recent history. It was caused by an H1N1 virus with genes of avian origin. Although there is not universal consensus regarding where the virus originated, it spread worldwide during 1918-1919. In the United States, it was first identified in military personnel in spring 1918.

"It is estimated that about 500 million people or one-third of the world’s [then] population became infected with this virus. The number of deaths was estimated to be at least 50 million worldwide with about 675,000 occurring in the United States. Mortality was high in people younger than 5 years old, 20-40 years olds, and 65 years and older. The high mortality in healthy people, including those in the 20-40 year age group, was a unique feature of this pandemic. 

 

"While the 1918 H1N1 virus has been synthesized and evaluated, the properties that made it so devastating are not well understood. With no vaccine to protect against influenza infection and no antibiotics to treat secondary bacterial infections that can be associated with influenza infections, control efforts worldwide were limited to non-pharmaceutical interventions such as isolation, quarantine, good personal hygiene, use of disinfectants, and limitations of public gatherings, which were applied unevenly."

Undoubtedly, more U.S. residents will die from COVID-19. But up until recently, our country has had little more to control the pandemic than it had in 1918-19. Since March, our president and governors have dealt with the pandemic very much like their predecessors dealt with the Spanish Flu: through non-pharmaceutical interventions, such as isolation, quarantine, good personal hygiene, use of disinfectants, and limitations of public gatherings, which have been applied unevenly.

With the exception of antibiotics to deal with secondary infections, the doctors have not had much else. While results have significantly improved, the initial use of mechanical ventilators did not come close to producing the desired survival rates.


But now, after only nine months, vaccines are expected to be available for use in the U.S. within a matter of weeks. Pfizer and BioNTech, working together, have applied for emergency use authorization from the U.S. Food and Drug Administration (FDA) for their vaccine. Moderna's application is expected to follow in early December. And AstraZeneca and the University of Oxford hope to have their two-dose shot available around year's end. General Gustave Perna, President Trump's head of Operation Warp Speed, has said repeatedly that vaccine distribution will begin within 24 hours after an authorization is issued by FDA.

Perna has also advised that by Dec. 31, 2020, Operation Warp Speed expects to have about 40 million doses of the two vaccines available for distribution. Both vaccines each require two doses, given 21 and 28 days apart. Forty million doses, therefore, would be sufficient to vaccinate about 20 million people. People at high risk will be prioritized.

As more vaccine become available in the new year, it will be distributed. Dr. Anthony Fauci, expects the vaccine to become available for use by the general public in April 2021.


At the same, treatments are becoming available. On October 22, the FDA approved the antiviral drug Veklury (Remdesivir) for COVID-19 treatment in adult and pediatric patients, ages 12 and older, weighing at least 88 pounds, and requiring hospitalization. It is an antiviral given intravenously.

Other pharmaceutical companies are developing monoclonal antibody therapies. GoodRx explains that antibodies are proteins made by the immune system to help fight infections. They bind to foreign pathogens, such as viruses; they help destroy them. Monoclonal antibodies are antibodies made in a lab. It can take weeks for the body to develop natural antibodies. Using MABs can thus potentially fight off infections sooner.


Even if Americans can't agree politically, this Thanksgiving we should all be thankful for the work of America's great pharmaceutical companies.

First Published in the Moline Dispatch and Rock Island Argus on November 26, 2020

Copyright 2020

John Donald O'Shea

Joe Biden - The Walking Wind Sock

Joe Biden campaigns as if nobody is recording what he says on the stump. What he says today is most often utterly inconsistent with what he said yesterday, or last month. Unless you watch CSPAN, Fox News, etc., you will not be shown his flip-flops, stone-walling and obfuscations. 

Example #1:

Recently, Biden told voters in Pennsylvania, "I am not banning fracking! Let me say that again. I am not banning fracking! No matter how many times Donald Trump lies about me."

But in July 2019, a CNN host asked Mr. Biden, "Would there be any place for fossil fuels, including coal and fracking, in a Biden administration?

Biden: "No. We would work it out. We would make sure it's eliminated, and no more subsidies for either one of those."


In January 2020 in New Hampshire there was this, as documented in a CSPAN video:

Voter: "But like, what about stopping fracking?"

Biden: "Yes."

Voter: "And stopping pipeline infrastructure?"

Biden: "Yes."


During the March 15, 2020 Democratic presidential debate:

Sen. Bernie Sanders said, "I'm talking about stopping fracking as soon as we possibly can. No ifs, buts and maybes about it. I'm talking about..."

(interrupted by Biden)

Biden: "So am I! ... No new fracking."


On May 22, 2020, Biden told CNBC:

"I would not stop fracking. I would gradually move away from fracking. I would just not do more fracking on federal lands."


On September 6, 2020, Biden, while in New Hampshire, said: "I guarantee you we’re going to end fossil fuels."


So what exactly is Biden's position on fracking? He now says, "I am not banning fracking." But when asked if "there would be any place in a Biden administration for fracking," he stated, no, "we would make sure it's eliminated." He promises, "there would be no more subsides for fracking." Asked "if he would stop fracking," he answered, "yes."


Sanders said he was pledging to stop fracking "as soon as we possibly can." Not to be outdone, Biden answered, "So am I." Later he added, "No new fracking."

So what exactly is Biden's policy?

Which way is the wind blowing? He's not going to "ban" fracking; he's going to "eliminate" it. So who's the real liar?

But why is fracking important? Stephen Moore, writing in the Wall Street Journal, states, "Curtailing U.S. oil and gas production would be economically disastrous. At least $1 trillion of U.S. economic output is related to the shale revolution, and more than 1.5 million Americans are employed by the industry."

Owing to fracking, the U.S. is currently energy independent. Would America be better off depending on "friends" like Saudi Arabia or Venezuela for our oil? Russia for our natural gas?


Example #2:


Do American voters have any right to know whether Joe Biden will "pack the court?" So, what does Joe Biden say about"packing the court?" Again, it depends when he is asked. 

On October 9, 2000:

Interviewer Ross DiMattei: "I've got to ask you about packing the court, and I know you've said you aren't going to answer until after the next election.... Don't the voters deserve to know ..."

(Biden interrupts him)

Biden: ... No they don't. ... I'm not going to play his [Trump's] game. ... He's about to make a pick in the middle of an election, first time it's ever been done, first time in history that it's ever been done."


No they don't? Remember Nancy Pelosi? "We have to pass the bill (Obamacare) so you can find out what's in it." Or, Jonathan Gruber, the principal architect of Obamacare? "Lack of transparency is a huge political advantage. ... Call it the stupidity of the American voter ... but ... that was really, really critical to get the thing (Obamacare) to pass."


Do you see the Democrats' method of operation?


Now compare 2020 Biden with July 2019 Biden, when he told Iowa Starting Line, "No, I’m not prepared to go out and try to pack the [Supreme] court, because we’ll live to rue that day,”


Or 1983 Biden:

"President Roosevelt clearly had the right ... to pack the court. But it was a bonehead idea. ... It put in question, for an entire decade, the independence of the Supreme Court of the United States ....”


So, what kind of leader is a man, who knows that "packing the court" will cause Democrats to "rue the day," and won't say so? What kind of a leader is a man who refuses to disavow what he has previously called a "bonehead idea?"


What sort of a leader believes American voters don't deserve to know where he stands on critical issues? Is ours still a government of the people, by the people and for the people? Was Lincoln wrong?


Is it really the "first time in history" that a president ever made a nomination in a presidential election year?

No. It's been done 29 times! Washington, Adams, Jefferson, Lincoln, FDR, Eisenhower and Obama all made such nominations.


And where exactly, does the Constitution say the president has no right to nominate a Supreme Court justice in a presidential election year, Joe?

Originally published in the Moline Dispatch and Rock island Argus on October 23, 2020

Copyright 2020

John Donald O'Shea

Construing the Constitution

President Trump has nominated Judge Amy Coney Barrett to fill the vacancy created by the death of Supreme Court Justice Ruth Bader Ginsburg. Democrats vehemently oppose her nomination. Why?

The debate is really over how judges should construe our written Constitution of 1787. "Construing" means saying what it means. There really are only two ways.

The first way: It can be construed consistently with the intent of the people who voted, through their representatives, to make it "the supreme law of the land." Those who would construe it this way are called "originalists" because they would construe the Constitution consistently with the intent of those who originally approved, ratified and amended it between 1787 and 1791.

The second way: The alternative method of construction is to construe the Constitution using any other intent. Perhaps a "more enlightened intent." Or a "more modern intent." Folks who opt for this alternative method of construction insist that the "Constitution is a living document for all ages."

But originalists would agree that the Constitution is a living document for all ages. For example, originalists would say the First Amendment guarantees freedom of speech on the internet to the same extent it has protected speech on a street corner, or in a newspaper since 1791. In this, both progressives and originalists would agree.

The First Amendment also guarantees the right of the people to peacefully assemble, and to petition the government for a redress of grievances. Originalists would acknowledge the people's right to peacefully assemble and protest. But they would deny that that right includes the right to riot, loot or burn buildings.

The rights of Americans are our liberties. The word "liberty" appears in two amendments to our Constitution.

The Fifth Amendment (1791) provides that no person shall be "deprived of life, liberty or property, without due process." The Fourteenth Amendment (1868) provides "nor shall any State deprive any person of life, liberty or property, without due process of law."

From the Magna Carta in 1215 until after our Civil War "due process" has had a clear fixed meaning. For Englishmen and Americans, it meant that no man could be executed, imprisoned or fined unless he was first tried and convicted consistently with the laws of the land. Due process referred to procedures — the laws of the land. That form of due process is therefore known as procedural due process.

But in the latter 19th Century, some judges opted to define liberty in a more expansive and "enlightened" way.

That "more enlightened" construction first redounded to the benefit of sweatshop employers. Laws that sought to limit the working day to ten hours, and the work week to sixty hours, and laws to protect child laborers, were struck down as infringing on the "economic liberty" of the employer and the worker to set their own contract terms. The result was that the Constitution was "amended" by five or more men in black robes to bar the states from making laws to regulate working conditions.

Because trade unions also were viewed as impinging on the liberty of employers and employees to freely contract, they were for a time regarded as criminal conspiracies. This expanded definition of the word "liberty" found in the due process clauses had nothing to due with procedural rules governing court cases. Because the Supreme Court recognized a hitherto undiscovered aspect of liberty, recognized its independent existence, and enshrined it as a constitutional right, this form of due process came to be known as "substantive due process."

"Substantive" refers to something that has a firm basis in reality and which has an independent existence.

In the 1930s, the Supreme Court overruled its substantive due process holdings in the employer/employee context. But in Roe v Wade (1973), and in Bourke v. Beshear (2018) and their related cases, the Court revivified its discredited substantive due process doctrine and held that liberty encompasses the right to abortion and same sex marriage.

In Bourke, a bare five judge majority amended the U.S. Constitution. The majority in effect said that this is the way the men who wrote the Fifth and Fourteenth Amendments, and the people who ratified them, meant liberty to be defined.

The originalists argue that that the men wrote the Fifth and Fourteenth Amendments, and the people who ratified them never for a minute thought that "liberty" included the right of abortion or same sex marriage, and that if they had been told that that was how it would be construed, they would have refused to approve either amendment and probably would have refused to ratify the Constitution.

Originalists further point out that Article V of the Constitution sets out specific procedures for amending the Constitution. This amendment power resides in the people acting through their elected representatives, not in the judges.

Originalists believe their duty is limited to construing the Constitution as the founding fathers intended. Progressive judges believe they have power to fix any deficiencies they perceive to exist in the Constitution.

Originalists fear that if progressives can expand the definition of liberty today, Marxists and Fascists can contract it tomorrow. Originalists are content with liberty meaning today, what it meant in 1791.

Originally published in the Moline Dispatch and Rock island Argus on October 9, 2020

Copyright 2020

John Donald O'Shea

America's choice in the coming election

On November 3, 2020, Americans will elect our next president. Our choice seems to be to retain traditional capitalism with the Republicans, or turn the country over to a collection of old-line Democrats, worn-out socialists and modern Marxists.

The Marxists, with good reason, demand that we ignore history. Stalin's Russia and Hitler's Germany should be clear warnings to every American of what follows once a totalitarian takes powers.

In his monumental work, "The Rise and Fall of the Third Reich," William L. Shirer tells us that in the days before Hitler came to power in Germany in 1933, Joseph Goebbels, who would become Hitler's most loyal henchman and his propaganda chief, wrote in his diary, 

"I think it's terrible that we [the Nazis] and the Communists are bashing each other's heads ... Where can we get together sometime with the leading Communists?"

Goebbels then wrote an open letter to the Communists: 

"You and I are fighting one another, but we are not really enemies." 

Goebbels understood that Communism and Fascism were two sides of the same statist coin.


In the coming election, America will have a choice. It can remain a country that continues to work to ensure that all men are created equal, and which subscribes to the belief that all men are endowed by their creator with certain unalienable rights, including life, liberty and the pursuant of happiness. We can remain a country where the rights of the individual are protected by Constitution and law against encroachments by the government. Or we can eschew the value of individual liberty and accept the Marxist-fascist proposition that the individual exists to serve the state.


This Marxist-fascist view is most ably stated by Saul Alinsky:

"One does not always enjoy the luxury of a decision that is consistent both with one's individual conscience and the good of mankind. The choice must always be for the latter. Action is for mass salvation and not for the individual's personal salvation. He who sacrifices the mass good for his personal conscience ... doesn't care enough for people to be corrupted for them.'"

The Marxist-fascist world of Alinsky is not a world governed by moral principles. 

"It is a world ... where men speak of moral principles but act on power principles."

"[The Have Nots] hate the establishment of the Haves with its arrogant opulence, its police, its courts, and its churches. Justice, morality, law, and order, are mere words when used by the Haves, which justify and secure their status quo."

For Hitler, Stalin and Alinsky, 

"Life and how you live it is the story of 'means' and 'ends.' The end is what you want, and the means is how you get it. ... The man of action views the issue of means and ends in pragmatic and strategic terms. He has no other problem; he thinks only of his actual resources and the possibilities of various choices of action. He asks of ends only whether they are achievable and worth the cost; of means, only whether they will work."

For Alinsky, the Communists and the Fascists, the state must be supreme. The rights of the people must be effaced. Opposition political parties are suppressed. Unions are abolished. Churches become organs of the state. Political opponents are murdered or sent to concentration camps, gulags or prisons. Schools become indoctrination centers. The opposition press is suppressed. In politics, when the ends justify the means, the result is always the same: dictatorship, tyranny and totalitarianism.

Storm troopers and Marxists have no use for democracy. The pattern has been unalterably followed in Stalin's USSR, Hitler's Germany, Mao's China, Honecker's East Germany, Ceaușescu's Romania, Kim's North Korea, Castro's Cuba, and Maduro's Venezuela.

The Marxist storm troopers running amok in American cities, destroying monuments, burning buildings and looting stores are giving an honest preview of their agenda to all Americans — just as Hitler did in Mein Kampf. German nationalists and the German army thought they could control and use Hitler and his Nazi storm troopers. In less than four months, they understood their folly.


Today's Democrats believe they can control and use Marxist BLM and Antifa. They also are delusional. When Marxists take power the result is always the same: democracy ends, totalitarianism ensues and personal freedoms are forever lost. That includes the right to hold a free election to remove them from power. Hitler, Stalin, Mao, and Castro held power at gun point until they died. And now Maduro, Kim, et al., are doing likewise. Only an historical illiterate would expect a different result.

Originally published in the Moline Dispatch and Rock island Argus on Septermber 18, 2020

Copyright 2020

John Donald O'Shea

Pritzker's little shop of horrors

Whenever Illinois Democrats give their proposed legislation a pure and noble name, protect your wallet.

In 2018, they passed the "Bail Reform Act." Who could be against "Reform?" Now with more criminals back on the street, and crime rates soaring, the gullible Illinois citizenry is slowly waking to the price of the so-called bail "reform."

And now our "good ole" thimblerigging Democratic legislators, with the connivance of Gov. J.B.Pritzker, want to dupe us into amending the Illinois Constitution to allow our "good friends" in the legislature to pass a "graduated income tax." This license to plunder Illinois taxpayers, they have christened "The Fair Tax."

Democrats know that if they give their proposed new "Income Tax Law" an honest name, that they'd risk being tarred and feathered. Or even worse, being voted out of office.

Imagine if our Illinois Democrats actually called their "Audrey II"* by its true name and described what they have already done, and why:

"An Amendment to the Illinois Constitution to Allow the Legislature to Create a Graduated Illinois Income Tax. The Illinois Legislature has already passed legislation creating initial 'sucker rates,' so as to gull the gullible into voting for this deceptively named 'Fair Tax.' Once this Amendment is approved, the legislature, at any time thereafter, can increase the tax rates on disfavored classes of individuals, even to the point of confiscation, by a simple majority vote. This "Fair Tax" is really a shell game."

To repeat,, the Democrats in the Illinois Legislature are asking for a license to plunder. They want to emulate, in Springfield, the looting and plundering that Antifa, Black Lives Matter and their fellow-travelers are already wreaking on the shops and business along Chicago's "Magnificent Mile."

Advocates of graduated income taxes always argue that it is "unfair" for a rich man to pay the same rate of tax as a poor man. To make it "fair" the rich man must pay a higher rate.

Really? What exactly is unfair about a man with 10 times the income of his neighbor paying 10 times as much in taxes?


Graduated income taxes are always ushered in with promises of low rates. But that quickly changes. In 1913, Congress levied a 1% tax on net personal incomes above $3,000, with a 6% surtax on incomes above $500,000. A mere five years later, the top rate on income over $1 million was increased, as a war measure, to 77%.

Today, federal rates range from 10% to 37%.


This "Fair Tax" proposal of Pritzker and the Illinois Democrats is "bait and switch."

Presently - unless you vote "yes" in the November referendum - the Democrats in the Illinois Legislature cannot impose any "graduated" or "progressive" income tax. To get power to impose their "Fair ("graduated") Tax," they first need you to approve their referendum. (Approval requires either the approval of 60% of voters voting on the question, or greater than 50% approval from all voters who cast ballots in the election).

Once you hand Democrats the constitutional power to impose a "graduated" or "progressive" income tax, they can change the rate at their will.

Pritzker promises that unless you are "rich," your rates will remain the same or be slightly less. However, if you file single and have an income over $250,000 up to $350,000; or if you file jointly, and your income is over $250,000 and up to $500,000, you are "rich" and will pay 7.75%.

If you are "richer," you will pay up to 7.99%.


That doesn't sound so bad, does it? But that's where the "bait and switch" comes in:

The day after you approve the constitutional amendment authorizing a "Graduated Income Tax," the Democrats can go back into session and double, triple or quadruple the rates. You are giving them a "blank check" to insert whatever rates they want.

Under Illinois' present "Flat Tax," a person with no income pays nothing. Everybody else pays 4.95% of their income. That's "fair." Presently, if Mr. Democrat wants to raise your tax rate, he must raise his own and everybody else's in the same percentage.

There is nothing whatever "fair" about a "Fair Tax" that allows a majority to vote to exempt itself from income taxation while at the same time voting to raise taxes on their "rich" neighbors. That's not "fairness;" it's plunder.

Similarly, the majority's use of its voting power to elect legislators committed to "making the rich or any other minority pay their 'fair share'," while exempting or minimizing the tax obligation of the majority, is plunder. It is morally indistinguishable from the looter plundering shops along Michigan Avenue.

To place unlimited taxing power in the hands of a Democrat-controlled legislature generally perceived as being incompetent, corrupt and self-dealing is utter insanity. Is 7.99% "fair" today? How about tomorrow? 100 voters will give 100 different answers.


* Audrey II is from "The Little Shop of Horrors" and was a plant that thrived on a diet of blood.

Originally published in the Moline Dispatch and Rock Island Argus on September 4, 2020.

Copyright 2020,  John Donald O'Shea

Governor Pritzker's Powers are not Unlimited

The Illinois Legislature has conferred upon the Governor powers to deal with "emergencies and disasters" in the Illinois Emergency Management Act, 20 ILCS 3305. So, are the Governor's pandemic powers unlimited? In a word, "No!"


Whatever "emergency" actions the Illinois Governor takes during the pandemic or during an Antifa riot, his actions must be taken consistently with the the U.S. and Illinois Constitutions, and his oath of office by which he promised to "support the Constitution of the United States, and the Constitution of the State of Illinois, and ... faithfully discharge the duties of [his] office of . . . to the best of [his] ability.” Each Constitution contains its own Bill of Rights.


If you read both Constitutions, you will find no language in either constitution that allows for suspension during an "emergency" of either the U.S. or the Illinois Bill of Rights. Both Constitutions allow suspension of Habeas Corpus "in cases of rebellion or invasion when the public safety may require it. But that is as far as they go.


The Illinois Constitution provides, "The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives ...." Art. 4, §1. Unlike Congress, which has only the powers explicitly given it by the U.S. Constitution and the additional powers needed to carry out those stated powers, a state legislature has all legislative powers that are not [specifically] denied by the state or federal Constitution.


Since it has plenary legislative power, the normal challenge to Illinois Legislative action is not that the legislature exercised powers not granted to it by the Illinois Constitution. Rather the challenge is normally that the legislature improperly delegated its legislative power. But while the General Assembly may not give away its legislative powers, it may set up a general statutory scheme designed to reach a result and leave details for reaching it to a governmental agency. Such a delegation would be subject to oversight by the General Assembly and review by the courts to determine whether the agency  has overstepped its authority. But an agency may not be left free to carry out the legislative purpose as it sees fit without any standards, or allowed to determine to whom a law will apply.



Under the Illinois Constitution, the legislative and executive branches are separate, and "No branch shall exercise powers properly belonging to another. Art. 2, §1. As such, there are limits to how much power the legislature can give to the Governor. Moreover, the Illinois Legislature cannot make laws or delegate powers where doing so would be prohibited by either Constitution or either Bill of Rights.


The Illinois Constitution provides that "The Governor shall have the supreme executive power, and shall be responsible for the faithful execution of the laws." Art. 5, §8. In that regard, the Legislature has passed the Illinois Emergency Management Act, and the Governor has a duty to "faithfully execute" it. But the question remains: how much power the Legislature can delegate? Clearly, even given a Legislative delegation of power to the Governor, the Governor can not exercise executive power if the Legislative grant thereof, or if his exercise of those delegated powers would contravened either Constitution or Bill of Rights.


So, can a governor, under a legislative grant of "emergency powers" order a shut down of legitimate businesses and permanently put them out of business? Materially damage those businesses?

Art. 1, §1 of the Illinois Constitution borrows from the Declaration of Independence, and states the "Inherent and Inalienable Rights" of the people of Illinois: "All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed."

Although that clause has been held to be "hortatory," it makes rather clear that Illinois government exists to protect property; not destroy it.

Art. 1, §2, however, is mandatory. It provides, "No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.


When a Governor decrees that all "non-essential" business shall be shut down, where is the due process hearing? Where is the equal protection when cannabis dispensaries are allowed to remain open when restaurants and barbers shops are destroyed by being forced to stay closed?


And Art. 1, §15 provides, "Private property shall not be taken or damaged for public use without just
compensation as provided by law. Such compensation shall be determined by a jury as provided by law." Where is the compensation?


I will be very surprised if we do not see a plethora of "reverse" eminent domain actions* for Illinois taking or damaging property without payment of compensation. And perhaps some Federal Civil Rights actions.


*In an eminent domain case, the state takes the property and asks that a jury assess the damages. In a reverse eminent domain case, the property owner asks for a jury to assess the damages where the state has taken or damaged the property but not paid the damages.

Originally published in the Moline Dispatch and Rock Island Argus on August 21, 2020.

Copyright 2020, John Donald O'Shea

Americans Don't Get Ruled!

As a former public official, my tendency it to assume that public officials do their best to provide us with accurate information. I've always presumed the president or governor, surrounded by expert fact providers, has better information than I do.

Not any more. Here are two reasons:

                                                                        1. 

Gov. J. B. Pritzker's coronavirus press conferences and orders strongly suggest I would do better to listen to the Three Stooges.

Consider this April 20 press conference:

Reporter: "Earlier this week, the state reported the death of a teenager in Cook County. ... Can you tell us if the teenager in question had underlying conditions?"

(Gov. Pritzker was at the podium and he deferred to Dr. Ngozi Ezike, director of the Illinois Department of Public Health).

Dr. Ezike: "I don't have that information at my disposal at this time. I know that we have had people of all age groups die. I just want to be clear as to the definition of death by COVID. The case definition is very simplistic. It means that at the time of death, it was a COVID positive diagnosis."

Reporter: So if you are killed in an auto accident or by falling off a cliff, if you are positive for COVID, it's counted as a COVID death?

Dr. Ezike: "It means if you were in hospice and had already been given a few weeks to live, and if you were also found to have COVID, that would be counted as a COVID death. ... Even if you died of a clear alternate cause, but you had COVID at the same time, it's still listed as a COVID death. So, everyone who's listed as a COVID death doesn't mean that that was the cause of the death, but they had COVID at the time of the death."

You wonder why the numbers can't be trusted? If a teenager is shot dead while strolling down Michigan Avenue, that's listed as a COVID death?

                                                                        2. 

Then, on April 22, Chief Judge Michael McHaney, sitting in Clay County, Illinois, in his ruling in Mainer v. Pritzker, pointed out the bizarre inconsistency of the governor's rules designating certain businesses as "non-essential" and others as "essential."

The judge accuses the governor of making "arbitray and capricious" judgments:

"I won't get COVID if I get an abortion, but I will get COVID if I get a colonoscopy."

"If I go to Walmart, I won't get COVID but, if I go to church, I will."

"Selling pot is essential, but selling goods and services at a family owned business is not."

The judge points out that cannabis sales, illegal in Illinois until a few months earlier, are "essential," but a "family-owned business in existence for five generations is not."

The judge finds "insanity" in presuming that a family of six "piling in their car" and driving to the lake will not get COVID, but they will if they pile into their boat.

Similarly the judge notes the presumption that "four people [who] drive to the golf course [will] not get COVID, but if they play in a foursome, they will." 

The judge wonders why kids' summer sports programs are cancelled when "we are told that kids rarely contract the virus and sunlight kills it!"

Further, he is unable to understand why "murderers" should be "released from custody" for fear of the virus, while owners of small businesses are threatened with being taken into custody if they open their businesses in an "attempt to feed their families."

Finally the judge criticizes the governor for behaving like a "divine right king" in the making of rules that bind the people of Illinois, while exempting himself and his family from obeying those same rules. 

"The defendant in this case orders you to stay home and pronounces that, if you leave the state, you are putting people in danger. But his family members traveled to Florida and Wisconsin because he deems such travel 'essential.'"

Judge McHaney then sums up his "indictment" of the governor.

"When laws do not apply to those who make them, people are not being governed, they are being ruled.

"Make no mistake, these executive orders are not laws. They are royal decrees. Illinois citizens are not being governed, they are being ruled. The last time I checked, Illinois citizens are also Americans and Americans don't get ruled.

"The last time a monarch tried to rule Americans, a shot was fired that was heard around the world. That day led to the birth of a nation consensually governed based upon a document which ensures that on this day in any American courtroom tyrannical despotism will always lose and liberty, freedom and the Constitution will always win."

But if the case ever reaches the U.S. Supreme Court, will Mr. Chief Justice John Roberts agree? Probably not, given his concurring opinion in South Bay United Pentecostal Church v. (California Gov.) Gavin Newson.

Copyright 2020, John Donald O'Shea

Published in the Moline Dispatch and Rock Island Argus on August 9, 2020