(12-09-2020, 03:59 PM)OutsiderFan Wrote: OK, let's get into this further...
I read the Morrow post and really appreciated his perspective. Honestly, there is not a lot to disagree with him about. That said, if you strip away everything he said, you are left with one overarching conclusion: He agrees everyone should avoid travel, gathering, keep distance, and mask up if outside their residence.
He effectively says the only reason he isn't issuing the same orders as the other Bay Area counties is because he doesn't know how effective telling people what to do is, and absent enforcement, what is the point of orders? He even makes my point, which is why in the hell are we allowing sports to be played if it is essentially important for everyone to avoid travel, gathering, and distance from others?
But the fact is at this point - as he points out - the stay at home orders are not as strict as they were in March. It seems everyone at all levels realizes you can't completely shut down all businesses any longer. Regulating capacity is a much more balanced and pragmatic approach. He says he's not sure how 20% capacity in grocery stores will impact them. I don't either, but given the amount of people using shopping services, and the fact Whole Foods isn't counting their paid shoppers against the 20% capacity AFAIK, I don't think it will be hurting them much.
As far as the "only those accountable to voters should make decisions" concept, this would be a terrible practice. There is a reason Federal judges are appointed to lifetime positions. It's the same reason public health officials should never be subject to voting. Can you even imagine the disaster it would be if a pro-business, anti-science lobby paid for a massive campaign to put a corporate shill in Dr. Cody's position? How'd you like Dr. Scott Atlas in charge in Santa Clara County? We as people are so vulnerable to greedy corporate interests as it is. Now you want us to put our public health for sale in our corrupt AF political systems? How much more do you think a pro-business, anti-science lobby could raise for its preferred candidate, versus a science-driven public health officer? Might it be 5x or maybe 10x? I can't believe anyone would think subjecting public health officers to elections is in any way a good idea. I can see the ads now "A public health officer who will balance business interest with our health." Think that message might win an election, versus "I will be guided by the science, data, and the best epidemiology."
But even f you say the public health officer shouldn't be subject to elections, but should give recommendations for elected officials to make their own calls, you're in effectively the same position, with public health officials neutered to protect public health. I again go back to the Korea example with the KBO and the Korean CDC. KBO only was able to play games in accordance with its CDC guidelines. This is how it should be, because this allows the health experts to make the calls, not business interests who really don't care about or have any responsibility for pubic health.
I get it, people are frustrated by the situation, but tearing down the systems we have in place to protect us because you don't like how we are being protected, is a recipe for future disaster. Rather than complaining about being told what to do, spend your time encouraging everyone you know to practice the behavior Dr. Morrow advocates, orders or not. We aren't near the end of this pandemic. So the best course of action is to stop it, because the more we don't do all we can to do so - which is what are public health leaders are trying to do - the longer it will be damaging us.
This might surprise you, but I am not at all on lex's page about non-elected officials. As a matter of practicality, I believe every county and municipality runs on a managerial system, whereby a county or city manager is appointed by a board of supervisors or city council. Health officers, police chiefs, and the like may not be elected, but they are definitely accountable. (You may not know this, but police chief in a small town is one of the hottest seats there is. They get fired all the time.) Goose is definitely correct that these regulations are strongly debated between executives and the Board. Cody is not a free agent, and - candidly - she will probably be fired after all this improves. She's a bit too rigid for my taste, and I bet for a lot of the supes.
My own shtick is a little different. I'm strongly hostile to the idea that 'rigorous' equates to 'scientific', and 'flexible' means the opposite. The science of this thing does not get down to that filigree detail, and the personal values of Cody and Morrow come into play after the science runs out. Personality types, too - if you're cautious, you can't get burned, and yet there is such a thing as over-caution. You can do real harm to non-quantifiable social values that are quite real and valid even if they can't be calculated.
Finally, you're on my turf with one opinion. if the Founding Fathers had envisioned the extent to which federal courts have become involved in the making of social policy, there's no way judges would have life tenure. You should never have contested elections, but my own thought is that the CAlifornia system, in which you have an extended term for justices, followed by a yes/no plebiscite, is close to ideal. No institution should have unchecked power. I knew Rose Bird and in fact succeeded her as the motions and appeals deputy in the Santa Clara Public Defender's Office when she left to join Jerry Brown's campaign. She was a decent person, but an appalling judge, absolutely rigid inside her own value system. When she looked at the California Constitution, she saw her own reflection, and unfortunately not one with much balance. It is almost impossible to describe the carnage she and her cohorts had inflicted on California tort and criminal law by 1986 (when the voters quite wisely threw them out). You do need that sort of check. Lex disagrees with this, I think, because he clerked for one of the justices who was a good guy. But he'd joined the wrong faction.
Cody is accountable, though unelected, in the same way Rose Bird was. So I think Lex's complaints on that basis are misplaced. But she has shown a school marm's strictness at times when the wisdom was debatable, and which did real harm. (Right now, drastic measures are appropriate.) I don't think she is going to be with us this time next year.