The More Things Change…?

It feels as if I’ve been on “lockdown” forever, and I know others are equally “over” a pandemic that is anything but over. There just aren’t that many rooms to be deep cleaned, that many books to be read, or–in my case–that many blogs to be written.

The rest of the time, then, becomes available for worrying.

I’ve been particularly concerned about what will happen to the center of my city in the wake of Covid-19. My husband and I moved to downtown Indianapolis in 1980, when things were still pretty sketchy, and we’ve celebrated the subsequent rebirth of a flourishing urban core. We’ve been excited to see new homes and apartments being built, we’ve marveled at our inability to patronize all of the new restaurants and bars (although we really tried!). We’ve worried as online retailing has reduced the number and variety of shops.  And we were heartbroken when we drove past all the boarded-up windows in the wake of the one protest that included such destruction.

Predictions about “what will come next” are everywhere. Most aren’t worth the paper they’re printed on (or the bytes they represent), but I tend to respect the scholars at the Brookings Institution, who’ve weighed in with their analysis.

The Brookings report suggests that COVID-19 will accelerate or intensify many trends that are already underway, which makes a lot of sense to me.

The report noted that retailers, along with their landlords and suppliers, were already “responding to multiple industry-wide  trends” (aka “in a world of hurt”) before the coronavirus. Trump’s tariffs hurt an industry that was already reeling from shifts in consumer demand from products to experiences, e-commerce, and the sharing economy. The pandemic is accelerating an already pressing need to embrace new models.

The report is light on specifics, but does predict that profit-sharing leases will be an “increasingly important tool to help new businesses get started, survive slowdowns, and provide a return to landlords who invest in their tenants’ success.”

The report’s predictions about food really comforted me. (Comfort food? Sorry…)

Convergence and hybridization will accelerate in food retail, which will return to be a “revitalizing force in urban life.” IKEA was already a furniture showroom, warehouse, and restaurant. High-end grocers were encouraging shoppers to have a beer. Restaurants were increasingly not just dine-in, but fast-casual or mobile food trucks. Whether through app-based delivery or prepared foods from wholesalers such as Costco, Americans will return to eating much of their food prepared outside the home. In 2017, jobs in leisure and hospitality (which includes all bars and restaurants) grew to outnumber jobs in retail trade. The pandemic is a setback, but not a reset.

On the negative side, the researchers expect that the 50- million- plus low wage workers will continue to face unsupportable housing costs– and that households that previously strained to pay rent will find it impossible. They also see worse labor market outcomes for older workers who lose their jobs.

So what does all of that portend for cities?

Some urban dwellers who have decamped to less dense areas will undoubtedly stay there permanently,  “irrespective of the many amenities and agglomeration economies urban centers have to offer.” But the researchers note that the period following the Great Recession saw major metros gain more population than their suburbs

Why was this happening in a tepidly recovering economy? A good deal was attributable to young adult millennials. Unable to find jobs and housing in large stretches of the country, they found urban centers attractive. Eventually, the economy rebounded, jobs dispersed and many young adults dispersed with them. But large metro areas still prospered even with slower growth, as Brookings’s Metro Monitor 2020 revealed.

What does this mean for the post-COVID-19 period? Much will depend on Gen Z, an educated and racially diverse generation with strong urban roots.

In other words, if Gen Z  wants and needs what urban life has to offer, they’ll opt to remain.

We will face huge challenges once the pandemic is over and Trump is (fingers crossed) a  horrific memory. We will need to restore a functioning and ethical federal government, address our enormous inequalities with social investment and a comprehensive, adequate social safety net–and continue the work of making our cities  vital, livable places to live and work.

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The Pandemic And The Constitution

Faculty at the O’Neill School of Public and Environmental Affairs, where I teach, decided to put together a special course addressing issues raised by the pandemic. Those of us involved will each teach one class session; mine, unsurprisingly, will look at the civil liberties issues involved. The question I will explore is whether and how much government can limit individual rights in order to discharge its duty to protect citizens’ health and lives.

When I began to do some research in preparation for the class, I found the pandemic raising a more significant number of constitutional issues than I had anticipated. Many of those issues lack clear answers.

One of the most visible—and contentious—of those issues involves federalism. Federalism, as readers of this blog know, is the structure under which government jurisdiction is divided between federal, state and local units of government. What does the law say about the role of the federal government in a pandemic? What powers are reserved to the states?

There has been a great deal of public and official confusion over where various responsibilities lie; the President has asserted his authority to over-rule governors on several matters, and at the same time has disclaimed responsibility for tasks that he says are state responsibilities. Several of his statements have been inconsistent with the Constitution (I know–you’re shocked), which vests primary responsibility with the states, and anticipates support, co-ordination and assistance from the federal government.

Other questions: Does a pandemic allow government to impose more stringent limits on the First Amendment right to assemble? This issue arises in several ways: citizens have  protested state orders requiring masks and social distancing (some of those protestors have been armed). Those eruptions have been much smaller (and weirder) than the massive  Black Lives Matter demonstrations following the murder of George Floyd–but both challenge efforts to control the pandemic.

Then there are the shutdowns, the “stay-in-place” orders. Here, the law seems pretty clear; ever since a 1905 case—Jacobsin v. Massachusetts—the Supreme Court has upheld the right of government to impose quarantines and require vaccinations. (Government does have to demonstrate the reasonableness of those measures and their utility in ameliorating the threat of contagion.)

What about interstate travel, which the Supreme Court has long held to be a fundamental right? We’ve seen some governors restricting people from entering their states from so-called “hot spots.” Can they do that?

We are hearing a lot about new cellphone apps being developed to permit “contact tracing.” That technology has been met with considerable alarm from privacy advocates and organizations concerned about increasing government surveillance. The potential for misuse is high–and limitations on use of these technologies remain legally ambiguous.

The right to vote is obviously a critically-important constitutional right (not to mention a necessary guarantor of democracy) and the pandemic has further enabled efforts at vote suppression. Conflicts about the availability of absentee ballots for people fearful of the Coronavirus have already erupted, and efforts to expand vote-by-mail are being frantically resisted by Republicans. (The debate is further complicated by the evident inability of many states to handle increased voting by mail.)

Several states have used pandemic restrictions to justify denying women access to abortion. There is considerable debate about the degree to which those restrictions can be imposed, and a case from Texas (of course!) has been appealed to the Supreme Court.

The First Amendment’s right of Assembly and its Free Exercise Clause have both been cited by religious organizations—primarily churches—that are challenging limitations on in-person gatherings. In the cases of which I’m aware, the churches have lost.

Incarcerated persons, and those being detained by ICE face hugely increased medical risks and unique constitutional questions: what about an inmate’s right to consult with his or her lawyer? At what point do the conditions of confinement–the likelihood of contagion– rise to the level of “cruel and unusual punishment”?

A fascinating case that has recently been filed raises an increasingly important First Amendment Free Speech/Free Press issue: can sources of deliberate disinformation be held liable for damages? The case is Washington League for Increased Transparency and Ethics v. Fox News .The complaint alleges that Fox News violated the state’s Consumer Protection Act and acted in bad faith, both by disseminating false information about the novel coronavirus through its television news broadcasts and by minimizing the danger posed by the virus as COVID-19 began to explode into a pandemic.

It is highly unlikely that the Washington League will prevail, but the lawsuit raises some profound questions about the nature of speech that might be considered the equivalent of “falsely shouting fire in a crowded theater.”

And you thought the only thing to fear was the Coronavirus itself…

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Bolton’s Revelations And The Pandemic

Leaks from John Bolton’s book, The Room Where It Happened” have given the media lots of material. It’s hard to escape headlines trumpeting the “eight most stunning” revelations (or whatever number of “stunning revelations” has been chosen by the person writing that particular book review). 

Most of the commentary has accompanied the disclosures with the (obligatory and undeniable)  observation that Bolton’s refusal to share what he knew with the House impeachment managers was despicable–undoubtedly motivated by choosing anticipated profit from book sales over an opportunity to rid the country of a clear and present danger.

But it took Heather Cox Richardson to point out the single most horrifying disclosure, worse even than Trump’s encouragement of Chinese concentration camps.

Richardson points out that Trump’s desperate desire to protect the trade deal with China–a deal that he thought would  would “smooth the way” for his reelection–  delayed the administration’s response to the coronavirus and the pandemic that has now claimed the lives of more Americans than died in WWI.

She reminds us of the timeline: on January 15, Trump and Xi inked a trade deal that required China to increase purchases of U.S. products by at least $200 billion over 2017 levels. January, as we now know, was when the first signs of the pandemic arose.

At the same time, news of the coronavirus was spreading. Trump praised Xi’s handling of the virus and claimed it had been contained. On January 22, he tweeted: “One of the many great things about our just signed giant Trade Deal with China is that it will bring both the USA & China closer together in so many other ways. Terrific working with President Xi, a man who truly loves his country. Much more to come!” And on January 24, as the devastation of the novel coronavirus came clearer, he wrote: “China has been working very hard to contain the Coronavirus. The United States greatly appreciates their efforts and transparency. It will all work out well. In particular, on behalf of the American People, I want to thank President Xi!”

When the pandemic tanked the U.S. economy, the trade deal made less of a difference, and Trump’s close engagement with China just as the pandemic was breaking out suddenly became a liability that Biden was quick to hit. Trump turned on China, blaming it for the virus, and then took the US out of the World Health Organization, saying the WHO was responsible for the pandemic because it had been too willing to trust the Chinese.

Bottom line: Trump’s responsibility for the pandemic goes well beyond his (and, remember, Bolton’s) knee-jerk decision to eliminate the pandemic task force that had been established by Obama. It goes beyond Trump’s lies about the federal “cupboard” being “bare,” beyond the administration’s incredible mismanagement of the resources that remained at the federal government’s disposal, and even beyond the lies about phony “cures” and the likely, warm-weather disappearance of the virus.

Think about this: In order to protect his chances of re-election, Donald Trump was perfectly willing to ignore a deadly threat to the lives of American citizens. 

If people had to die in order to ensure his re-election, well, so be it. The other revelations pale in comparison.

This shouldn’t come as a shock, of course. Trump’s insistence on holding a rally in Tulsa–without masks and social distancing–confirms everything we suspected about Trump’s concern for the life and health of American citizens–even those who support him.

It’s non-existent.

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Predicting The Future

It’s impossible to pick up a magazine or log into a blog or website without coming across an article predicting how dramatically the Coronavirus pandemic will change the world.

As Steven Pearlstein recently wrote in the Washington Post,  self-appointed soothsayers are predicting the demise of globalization, the triumph of large enterprises over small business, and dramatic lifestyle changes brought about by fear of dangerous microbes:
everything from diminished travel, as people “think twice about boarding an airplane, checking into a hotel, attending a concert or taking their kids to Disney World” to the emptying out of expensive cities, since so many of us–and our employers– have discovered that we can work just as well from home.

Time to take a deep breath.

I certainly don’t have a crystal ball–nor do I claim any particular expertise in “futurism,” but these predictions strike me as fanciful at best and absurd at worst. Just look at how desperately people are returning to their previous behaviors, even in the face of warnings that it is dangerously early for such return. Humans are creatures of habit.

We are dependent upon those international supply chains. Our families are scattered around the globe, and we still want to visit them. Often, on airplanes. Etc.  Although there is likely to be movement toward remote work, that movement has been underway for quite some time, and it is necessarily limited–not just because many jobs require our physical presence, but because so many of us see real value in face-to-face interactions with our coworkers.

All of this is not to say that change is not underway. It is–and much of the social unrest we are seeing is attributable to it. The pandemic may accelerate some part of the broader social changes that were occurring when it hit–or it may retard some–but the real shifts have been underway for years, fostered by improved transportation and communication technologies and demographics.

I suspect that changes in the wake of the video of George Floyd’s murder by a police officer will turn out to be far more consequential than those triggered by the pandemic.

Last year, Gallup documented major social changes that have occurred “since Woodstock”: religious attachment has waned, support for marijuana legalization has grown, interracial marriage–and its acceptance– has increased, a majority of Americans now support reproductive rights, voters are far more willing to elect women or people of color, family sizes have shrunk, and given the option, most women now prefer to enter the workforce to staying home. And of course– to belabor the obvious–attitudes about premarital sex and LGBTQ citizens have dramatically changed.

There is a (hotly disputed) academic theory that posits cultural “swings” every forty or fifty years. Whatever the accuracy of that theory, anyone even slightly conversant with social history can recognize how the disruptions of one era lay a foundation for those of the next, and how technological innovations affect those changes (usually, in unanticipated ways).

My absolutely non-crystal-ball conclusion is that humans are approaching one of our inevitable turning points. (This one is made far more dangerous by climate change, and by the sheer number of humans on our planet.) One aspect of our new reality is already visible: thanks to demographic change and significantly increased urbanization, it has become far more difficult for people to live in geographic–as opposed to ideological–bubbles, far more difficult for most folks to ignore the reality of human diversity and the complexities of our daily social interactions.

At times like these, when social transformation seems overwhelming, people everywhere fall into two broad (very broad) categories–those who accept the new realities and those who reject them. Those who adapt–or try to– and those who panic.

In the United States, the MAGA folks, the alt-right provocateurs, the fundamentalist preachers, the Fox-News audience members and their ilk are clinging to a world that no longer exists, insisting that we can bring back a time when everyone knew their place– and the straight white Christian guy’s place was on top.

The pandemic will impel some changes around the edges, but the real transformation will be produced by people who recognize the necessity of building a different, fairer world. I’m betting that there are enough of those people, that they outnumber and certainly out-think the reactionaries, and that the disorientation and unrest we are now experiencing will ultimately lead to a vastly improved social contract.

I sure hope I win that bet….

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Facts Can Be So Pesky

Santayana supposedly said that people who don’t know their history are doomed to repeat it. I think the even truer saying–one for which I don’t have an attribution–is “what we learn from history is that we don’t learn from history.”

Which brings me to “the Big Lie.”

The big lie was a term used by Adolf Hitler in his 1925 book, Mein Kampf. It was a propaganda technique: tell a lie so huge, so colossal, that no one would believe that anyone would have the gall to make it up.

The Saint Louis Post Dispatch recently took aim at Trump’s effort to use a “Big Lie” to escape responsibility for his incompetent response to Covid-19. 

It was all Obama’s fault.

I am not suggesting that Trump is strategic enough to intentionally employ a propaganda technique; given his grasp of history, I doubt he’s ever heard the term “Big Lie.” (Besides, he blames everything on Obama. His jealousy of Obama is such an obsession that if space aliens invaded, that would be Obama’s fault too.) I’m not even sure he is capable of telling the difference between the reality he prefers and the reality most of us inhabit.

That said, his constant attacks on Obama create a story that his base–still smarting from the outrage, the indignity, of living in a country with a highly competent and widely admired black President for 8 long years– desperately wants to believe.

Trump has repeatedly blamed Obama for his own administration’s mishandling of the coronavirus pandemic, claiming that “The last administration left us nothing.” But an investigation by the St. Louis Post-Dispatch found that Trump’s own budget documents show the opposite ― exposing what it called “a lie of colossal Trumpian proportions.”

The newspaper’s investigators found Trump administration testimony to Congress in which it justified its request for big budget cuts in pandemic preparedness programs by explaining that the Obama administration had left it with everything that would be needed should a pandemic emerge.

Trump’s 2020 budget asked Congress to cut the pandemic preparedness budget by $102.9 million, part of $595.5 million in requested cuts to public health preparedness and response outlay.

Think about that.

Trump has also blamed Obama for lack of personal protective equipment and testing supplies, saying “our cupboards were bare. We had very little in our stockpile.”

But a chart provided to Congress by the Trump administration as part of its budget requests showed that by 2016 ―which was Obama’s final year in office ― the nation’s public health emergency preparedness was at least 98% on every key measure. And that 98% was the Trump administration’s own assessment.

As the newspaper’s editorial board wrote,

We’ve taken the time to dissect Centers for Disease Control and Prevention budgets from the year before Obama left office all the way to the present. Trump can lie, but the numbers cannot. Obama left office with an unblemished record of building up the nation’s pandemic preparedness. Trump systematically sought to dismantle it.

Perhaps because of his experience with the 2015 Ebola outbreak, Obama sought to leave his successor fully prepared to confront future pandemics. He asked in his fiscal 2017 budget request to boost federal isolation and quarantine funding by $15 million, to $46.6 million. Congress approved $31.6 million. In Trump’s three years in office, he has not requested a dime more in funding.

Obama asked to nearly double his own $40 million outlay for epidemiology and laboratory capacity. Congress balked, but Obama left Trump with that $40 million as a starting point. What did Trump do? In his 2020 budget, he asked Congress to cut that number to: Zero. Zilch. Nothing.

Let me repeat the newspaper’s most damning discovery: in the 2019 fiscal year budget, Trump asked for a $595.5 million dollar cut to the overall public health preparedness and response efforts. 

The one thing we all know about the Big Liar in Chief is that nothing is ever–and can never be–his fault.

The one thing we don’t all know is how many of “We the People” will eagerly believe the Big Lie.

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