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Re:Stay home except for essential needs by fennecfoxen on Monday March 16, 2020 @05:42PM (#22598234)
The government has likely overstepped its legal authority here. It is likely a violation of Constitutional rights for the government to declare that you may not visit other people in person, and it takes a damn high bar to clear the necessary scrutiny to render it legal — high enough that courts have declared some Ebola quarantines in the US to be a violation of civil liberties (see: Kaci Hickox).

I am curious to see how long this lasts, and whether there will be lawsuits to that effect.

(Also. I am being modded down for this for no apparent good reason. This is not a violation of my civil liberties, though there may be ways to make HN a better place that are more consistent with site guidelines.)

Re:Stay home except for essential needs by hirundo on Monday March 16, 2020 @05:49PM (#22598330)
Read this: https://reason.com/2020/03/16/can-the-government-just-close-...

"American constitutional jurisprudence has long recognized a vast authority on the part of the states to regulate private social and economic activity in the name of the public welfare. Dramatic measures to address the spread of disease has long been a part of those police powers..."

That's coming from a libertarian writer in a libertarian magazine that both likely wish the truth were otherwise.

Re:Stay home except for essential needs by fennecfoxen on Monday March 16, 2020 @05:59PM (#22598458)
If you're going to drop links to Reason at me, you should also take a look at https://reason.com/2020/03/11/would-italian-style-lockdowns-... which is less recently published but addresses the question of a "China-like lockdown" more directly, rather than simply looking at questions of "can the government close my favorite bar?" It almost certainly can close the bar, but personal liberties — the freedom to not be under some sort of house arrest — tend to get a lot more scrutiny than commercial activity, for good or for ill. Where specific quarantine powers exist, the language authorizing these quarantines often hinges on whether the persons quarantine are actually a substantial risk to public health; here, we are talking about the freedom of movement of ~7000000 people, due to the (known) infections of approximately 200. Just by these numbers, this is an exercise of quarantine power that is without precedent.
Re:Stay home except for essential needs by earthtourist on Monday March 16, 2020 @05:47PM (#22598295)
Even if it is legally questionable (not sure it is, I'm not a lawyer) what jackass would bother suing over it?

This is a completely reasonable order given the emergency situation. No reasonable person should object to it.

(I did not downvote you)

Re:Stay home except for essential needs by enitihas on Monday March 16, 2020 @05:52PM (#22598377)
Not sure about the legal validity here, but you can be sure somebody would find time and energy to take this to court. I don't think however, that any court would rule to swifty declare this illegal and then be deemed somewhat responsible for the consequences.
Re:Stay home except for essential needs by KozmoNau7 on Monday March 16, 2020 @05:52PM (#22598370)
History shows that whenever you ask "what kind of jackass would do this?", a number of such jackasses tend to present themselves.

Don't underestimate contrarianism and people's willingness to fight tooth and nail for what they believe in, no matter how ridiculous it may seem to you.

Re:Stay home except for essential needs by hfern on Monday March 16, 2020 @05:54PM (#22598398)
Someone who is prosecuted for violating this will fight it, as they will have the most firm standing.
Re:Stay home except for essential needs by jahlove on Monday March 16, 2020 @05:59PM (#22598462)
This sounds like exactly the kind of thing ACLU would fight. And their twitter suggests they will:

https://twitter.com/ACLU_NorCal/status/1236722627000975361

Re:Stay home except for essential needs by notJim on Monday March 16, 2020 @06:07PM (#22598553)
That is related to people coming off cruise ships being quarantined, where they are actually confined. This order is different, because you are still allowed to leave your house for essentials, exercise, etc. Not saying whether it's legal/illegal/good/bad/whatever. Just noting that it's a different scenario.
Re:Stay home except for essential needs by SomeHacker44 on Monday March 16, 2020 @06:09PM (#22598586)
Even if it is ruled unconstitutional, it could take a very long time to happen, and in the meantime, the effect could be beneficial to society.

Look at how long it took the Japanese internment from WWII to be ruled upon - and that was by modern standards not remotely beneficial to society.

Re:Stay home except for essential needs by TomMckenny on Monday March 16, 2020 @05:53PM (#22598381)
The government can compel you to take up arms and risk death on a battle field. I think you'll find the constitution is entirely up to the whims of the courts which makes it far less absolute than one imagines.
Re:Stay home except for essential needs by fennecfoxen on Monday March 16, 2020 @06:15PM (#22598655)
Notwithstanding the presidency of Andrew Jackson, and more recently of Donald Trump, the United States remain a nation of laws, and not of raw power.

Because of this, it is utterly uninteresting to observe the peak of government power, like compelling the draft. The draft is specifically legally authorized in the Constitution, in which the Government is lawfully granted the power to raise and support Armies. It can do so while obeying the law. This is not "the whims of the courts," and the courts are barely involved, because the law is so very clear.

Quarantine powers are also subject to the power of law, including both general police powers and Constitutionally protected rights. When these conflict, there are a variety of legal tests to determine which wins, and there is legal precedent for interpreting the laws. When the courts interpret this conflict, it will almost certainly not be on a whim.

Re:Stay home except for essential needs by TomMckenny on Monday March 16, 2020 @08:01PM (#22599747)
True, the draft is not an ideal example. None the less, the court is hardly infallible: for example, it is odd that congress can not constitutionally require medical insurance but can institute taxes and even prohibit the consumption of anything deemed to be an intoxicant.

Or for more specific examples, given, Gore v Bush, when exactly does the court have standing to intervene in a presidential election? Given DC v. Heller in 2008, what does the word "militia" mean now? Why, to everyone's surprise, did maritime law suddenly limit punitive damages with Exxon vs Baker (2008)? Why did the court narrowly reverse 200 years of convention and the near universal understating of speech with Citizens United?

Re:Stay home except for essential needs by fennecfoxen on Wednesday March 18, 2020 @11:03AM (#22617400)
Please. Citizen's United was not a reversal of the understanding of speech. Efforts to convince you of that were propaganda. The Courts detailed the corporate personhood doctrine in Trustees of Dartmouth College v. Woodward in 1819, discussing how corporations have rights because their owners have rights and the corporation is a way for these owners to get together and exercise these rights as a group. These rights include freedom of speech and of the press.

Moreover, allow me to remind you that Citizens United is actually a nonprofit group+ and the thing this case was actually about was making an anti-Hilary movie, and being barred from distributing it. Anyone who has glanced at the Bill of Rights, and the history of this nation and its jurisprudence in the area of free speech, could have seen this result coming. (Somehow there are many people not aware of this fact.)

(+ not a charity, contributions aren't tax deductible; just a standard 504 not-for-profit.)

This may or may not be good policy. It's eminently open to debate. But hewing to precedent like this is supposed to be your evidence of the Court acting on a whim?!?

Re:Stay home except for essential needs by alfalfasprout on Monday March 16, 2020 @05:47PM (#22598297)
Keep in mind that, if it comes to it, California can declare martial law to maintain order. This is certainly an emergency of enough severity to warrant exceptional measures like this.
Re:Stay home except for essential needs by csomar on Monday March 16, 2020 @06:50PM (#22599059)
> Keep in mind that, if it comes to it, California can declare martial law to maintain order.

Isn't that the right thing to do? You can't have martial law forever. On the other hand, this set a precedent for government to reduce liberties when they see fit.

I'd much rather see a martial law.

Re:Stay home except for essential needs by anewguy9000 on Monday March 16, 2020 @05:55PM (#22598405)
why?
Re:Stay home except for essential needs by JshWright on Monday March 16, 2020 @06:02PM (#22598506)
Italy
Re:Stay home except for essential needs by whateveracct on Monday March 16, 2020 @05:46PM (#22598286)
Unsure why this is downvoted - the government restricting citizens' right en masse isn't something that happens often and definitely runs up against our Constitutional Rights. Even if in this case, it is for the greater good.
Re:Stay home except for essential needs by jeremyjh on Monday March 16, 2020 @06:06PM (#22598545)
I doubt they are actually going to lock anyone up for violating this order. If they did, probably that person would have standing for a lawsuit. Everyone else is going to go along because it makes good sense to do this.
Re:Stay home except for essential needs by vlunkr on Monday March 16, 2020 @06:00PM (#22598478)
Yeah what a read. The first few paragraphs I thought, hey, good for you SF. Then it became increasingly dystopian as it went on. I certainly agree with all the "advice" they're giving, but it's quite a shocking thing to read as an American. If they were simply advising people to stay inside rather than enforcing it would be fine, and personally I believe that people would listen. I could be wrong though.
Re:Stay home except for essential needs by manigandham on Monday March 16, 2020 @06:00PM (#22598479)
You're right, it would require martial law to express this kind of authority. However most people won't be opposing this and the main battle is against uncertainty and lack of information.

Government power is relatively fragile anyway, and in times like these, this kind of notice can settle fears and give people some direction. They'll follow it given the alternative of chaos, and that's all the city needs.

Re:Stay home except for essential needs by nostromo on Monday March 16, 2020 @05:56PM (#22598418)
I agree, this is an over-reaction, but good luck saying that on HN without inciting an angry mob. People are at peak panic mode right now, and it shows.

I just want to remind everyone that H1N1 in 2009 killed between 150-600k people worldwide. Between 10 and 20% of the world population caught it at some point. The fatality rate was greater than Covid-19.

And yet, we got through it without panicking. People don't even give it a second thought today, and it was just 10 years ago.

Re:Stay home except for essential needs by rosstex on Monday March 16, 2020 @06:07PM (#22598556)
H1N1 was contagious 1 day before symptoms appeared. COVID-19 is contagious mean 5-6 days before symptoms appear. And it's not about the CFR, it's about healthcare system capacity.
Re:Stay home except for essential needs by ncallaway on Monday March 16, 2020 @06:30PM (#22598818)
> I just want to remind everyone that H1N1 in 2009 killed between 150-600k people worldwide. Between 10 and 20% of the world population caught it at some point. The fatality rate was greater than Covid-19.

This is categorically false.

According to estimates from the CDC, in the United States, H1N1 infected ~61M people and killed ~12,649 for a CFR of around 0.02%.

https://www.cdc.gov/h1n1flu/estimates_2009_h1n1.htm

Stats for the global H1N1 pandemic estimates estimate ~1B people infected with 500,000 deaths. That's a CFR of 0.05% worldwide.

https://en.wikipedia.org/wiki/2009_flu_pandemic

You should stop claiming that the CFR of H1N1 is larger than COVID-19, when all current data and epidemiological estimates show that it absolutely is not.

Re:Stay home except for essential needs by dorkwood on Monday March 16, 2020 @07:10PM (#22599276)
What is "CFR"? Something fatality rate?
Re:Stay home except for essential needs by ncallaway on Monday March 16, 2020 @08:42PM (#22600144)
Yes. Case Fatality Rate. It's the number of known cases divided by the number of cases that resulted in a death.
Re:Stay home except for essential needs by fock on Monday March 16, 2020 @06:02PM (#22598511)
CFR of around 0.6‰. Spot the difference.
Re:Stay home except for essential needs by nostromo on Monday March 16, 2020 @06:11PM (#22598616)
H1N1: 0.4% CFR in the US

COVID-19: 0.6% CFR in South Korea (likely similar in other locations when we stop undercounting infections)

These aren't so dramatically different, are they?

But they are: H1N1 had a median death in the US of 37 years old, rather than 80+.

https://www.who.int/immunization/sage/1.Briand_epi_7th_July_...

Re:Stay home except for essential needs by ncallaway on Monday March 16, 2020 @06:27PM (#22598781)
> H1N1: 0.4% CFR in the US

This seems categorically false.

CDC estimates that ~61M Americans were infected with ~12,469 deaths. That would be a CFR in the US of 0.02%.

https://www.cdc.gov/h1n1flu/estimates_2009_h1n1.htm

Re:Stay home except for essential needs by qayxc on Monday March 16, 2020 @06:32PM (#22598857)
According to current numbers,the CFR in SK is closer to 9‰ [1]

[1] https://nssac.bii.virginia.edu/covid-19/dashboard/

Re:Stay home except for essential needs by chinathrow on Monday March 16, 2020 @06:21PM (#22598716)
You picked SK and left Italy on the left.
Re:Stay home except for essential needs by nostromo on Monday March 16, 2020 @06:23PM (#22598738)
Because Italy has no idea how many cases they have.

The best data sets so far are South Korea and the Princess Cruise ship, because they did widespread testing. Both show a CFR of about 0.6%.

Re:Stay home except for essential needs by DanBC on Monday March 16, 2020 @06:19PM (#22598688)
SARS-Cov-2 is more infectious than H1N1. This larger pool of patients means a greater number of people will die. A small percentage of a very large number is still a lot of people.

> The fatality rate was greater than Covid-19.

No, it wasn't. The fatality rate for H1N1 was about 0.2%. The fatality rate for covid-19 is tricky to work out at the moment, but 2% is a reasonable low estimate.

Re:Stay home except for essential needs by nostromo on Monday March 16, 2020 @06:27PM (#22598789)
Re:Stay home except for essential needs by DanBC on Monday March 16, 2020 @06:40PM (#22598936)
You've linked a document created during the 2009 pandemic, when CFR rates are likely to be too high.

https://www.bmj.com/content/339/bmj.b2840

> At first sight, the data seem to imply that this new virus is relatively mild, with case fatality ratios around 0.5%, similar to the upper range of that seen for seasonal influenza2 and relatively low hospitalisation ratios. However, the case fatality ratio seems to vary substantially between countries, and deaths have occurred in much younger people than is the case for seasonal influenza.3 4

> There are many reasons why simple interpretations of these crude figures at the beginning of a pandemic may be misleading both in terms of assessing severity and in making comparisons between countries. Here, we discuss some of the important mechanisms resulting in biases, propose study designs and associated statistical methods to estimate the case fatality ratio given these limitations, and show their strengths using simulated data. The two main sources of bias in estimates of the case fatality ratio we consider stem from shifts in case ascertainment (over time, efforts may become more focused on the most severe cases, leading to an overestimation of the case fatality ratio) and from the inevitable delay between symptom onset and death, which in the early phase of the epidemic can lead to underestimation of the case fatality ratio if it is not adjusted for.

> A natural definition for the case fatality ratio is the ratio of the total number of deaths from a disease divided by the total number of cases. In a fully ascertained (and complete) epidemic, this simple method works perfectly. However, in most infectious diseases there is underascertainment of cases as people who are asymptomatic or have mild infection will be less likely to present to health care, and if they do present they will be less likely to be tested and confirmed. It is therefore likely that there will be a bias towards diagnosis of more severe cases (fig 1⇓), with the result that the case fatality ratio and other measures of severity are overestimated. Furthermore, this underascertainment will change as an epidemic matures. Initially increased awareness by patients and doctors may lead to high ascertainment, but as cases increase and systems are overwhelmed, only a proportion will be tested (potentially those with links to other confirmed cases), making it difficult to understand the scale of under-reporting.

Re:Stay home except for essential needs by geofft on Monday March 16, 2020 @06:09PM (#22598584)
> It is likely a violation of Constitutional rights for the government to declare that you may not visit other people in person

Which particular constitutional right do you think this violates, precisely?

Re:Stay home except for essential needs by LgWoodenBadger on Monday March 16, 2020 @06:23PM (#22598734)
Uhh, Freedom of Assembly.
Re:Stay home except for essential needs by uoaei on Monday March 16, 2020 @05:45PM (#22598278)
This is the kind of weird freedom-at-all-costs libertarian fetishism that the rest of the world makes fun of Americans for.
Re:Stay home except for essential needs by holler on Monday March 16, 2020 @05:55PM (#22598404)
I find the statement "the rest of the world makes fun of Americans for" to be a bit disingenuous. For one thing, the world is a very big place, and the alleged people making fun of the U.S. are no doubt a part of a certain demographic, who's views align with a certain demographic within the United States. That demographic is one of many demographics in both the US and elsewhere, and thus, it feels very intellectually dishonest to generalize that an entire world population of 8Billion+ "makes fun" of any one thing.

A better statement would be: "... that the rest of the [insert demographic] of the World make fun of Americans for"

Re:Stay home except for essential needs by uoaei on Monday March 16, 2020 @08:32PM (#22600051)
This is the kind of nitpicking pedantry that the rest of the internet makes fun of HNers for.
Re:Stay home except for essential needs by CompanionCuuube on Tuesday March 17, 2020 @12:28PM (#22606624)
Reducing it to "nitpicking" is fundamentally misunderstanding the content of the comment, and goes to show the truth of the criticism regarding the myopic nature of the perspective you are peddling.
Re:Stay home except for essential needs by uoaei on Tuesday March 17, 2020 @02:29PM (#22608347)
The entirety of the point that was made is "people are different and have different opinions" which is a retort to a clumsily-framed statement serving primarily as rhetoric and not fact. Shooting semantic fish in the rhetorical barrel is what makes people "no fun at parties" and something that has become a stereotype -- no, a meme -- on HN.
Re:Stay home except for essential needs by CompanionCuuube on Monday March 23, 2020 @01:03PM (#22666026)
> The entirety of the point that was made is "people are different and have different opinions"

That is only a superficial understanding. What you left out is the manipulative hubris of your clumsy rhetoric pretending to command some kind of hegemony of opinion. It is no surprise to see a continuation of that in the further comments.

Re:Stay home except for essential needs by sagichmal on Monday March 16, 2020 @06:23PM (#22598736)
Literally everyone who isn't an American libertarian makes fun of American libertarians. For good reason.
Re:Stay home except for essential needs by fennecfoxen on Monday March 16, 2020 @05:50PM (#22598341)
Excuse me. This is a rather dispassionate note that the government has likely done something it is not authorized to do, and that its orders are at risk of being overturned. It does not assign value to the order, nor declare it worthless. It does not decry the violation of civil liberties, nor does it declare the violation meaningless.

If merely raising the issue in such a note is sufficient to count as "freedom at all costs libertarian fetishism" these days, then by all means, sign me up for freedom at all costs libertarian fetishism. In the meantime, I am confident that our government is strong enough to withstand mild observations of this nature.

Re:Stay home except for essential needs by jabroni_salad on Monday March 16, 2020 @06:02PM (#22598500)
I know we're all willing to die for each others freedoms, but seniors eating it to respiratory illness and other injureds dying because the ICUs were full doesn't really have the glory factor.
Re:Stay home except for essential needs by fennecfoxen on Monday March 16, 2020 @06:17PM (#22598675)
What in God's good name are you talking about, sir?

I think you are replying to the wrong part of the thread. The post you want was written by someone with the username `strawman` who was posting patriotic poems about dying for freedom. This thread is entirely unrelated and much, much more boring.

Re:Stay home except for essential needs by uoaei on Monday March 16, 2020 @08:34PM (#22600074)
> If merely raising the issue in such a note is sufficient to count as "freedom at all costs libertarian fetishism" these days, then by all means, sign me up for freedom at all costs libertarian fetishism.

The fetishism I refer to is one that is distinctly anti-social, since the premise is entirely "others are telling me I shouldn't do this thing, and obviously I know what's best for me, so I will do it to exercise my freedom". You are falling into the same trap.

Re:Stay home except for essential needs by fennecfoxen on Monday March 16, 2020 @09:33PM (#22600545)
Sir, the person who is fetishizing all these things, and exercising his freedom, is not a part of this conversation, and you offer no meaningful link to this conversation.
Re:Stay home except for essential needs by uoaei on Monday March 16, 2020 @10:50PM (#22601105)
The line I quoted is an example of such anti-social behavior. I thought that much was clear.
Re:Stay home except for essential needs by fennecfoxen on Tuesday March 17, 2020 @03:15PM (#22609003)
I'm afraid not.
Re:Stay home except for essential needs by iconhacker on Monday March 16, 2020 @05:54PM (#22598402)
You are completely right! US will sacrifice big comparing to China that we laugh about.
Re:Stay home except for essential needs by Der_Einzige on Monday March 16, 2020 @05:44PM (#22598268)
It literally doesn't matter what the courts say.

"The Constitution is not a Suicide Pact". Lincoln got away with throwing out Habeas corpus during the Civil War.

California will get away with this on the grounds of an unprecedented national emergency.

Re:Stay home except for essential needs by tengbretson on Monday March 16, 2020 @05:46PM (#22598291)
> California will get away with this on the grounds of an unprecedented national emergency.

Can we at least wait til the US body count reaches 3 digits before saying stuff like this?

Re:Stay home except for essential needs by rconti on Monday March 16, 2020 @05:54PM (#22598389)
Can we not infer from other nations, or is the US exceptional, precisely because of the kinds of people who want to bury their heads in the sand and not take action to make us exceptional, until it's too late?
Re:Stay home except for essential needs by hinzed1127 on Monday March 16, 2020 @05:53PM (#22598382)
Given what we've already seen worldwide, it's irresponsible to say that. Especially since this has proven to be statistically much less fatal to younger ages, youthful hubris is dangerous. It might not kill you, but transmission is just as dangerous to older populations.
Re:Stay home except for essential needs by nostromo on Monday March 16, 2020 @06:16PM (#22598658)
Is it even right to say "older populations?" I don't have a better word, but maybe we should say, "very old" or enumerate the ages specifically.

Median COVID-19 death age in Italy is 81.

Average life span for an Italian male is 80.

Chance of dying every year for an 85 year old American male is 10% for any and all causes. Because... well our bodies get old and frail at that age. And even then, the vast majority of them survive COVID-19.

Re:Stay home except for essential needs by cma on Monday March 16, 2020 @11:03PM (#22601190)
The death rate for the elderly from the virus (relative to the less elderly) is amplified by triage.
Re:Stay home except for essential needs by lm28469 on Monday March 16, 2020 @05:56PM (#22598415)
That's what they did in Italy and Spain, wait "to see if it's really bad" and then get hit full force with no preparation.

I'm very impressed that some countries think they're above others.

Re:Stay home except for essential needs by Retric on Monday March 16, 2020 @05:50PM (#22598338)
What advantage does waiting provide? It’s not like the disease is less deadly because 100 million people have it vs 100 thousand.

Theoretically the most efficient approach might be to quarantine only the sick or elderly, but that’s unlikely to work well. Doing absolutely nothing would cost millions of lives. So, I really don’t see any good options only some hard choices ahead.

PS: The only state without known infections is not testing people. Exponential growth is a bitch at this point.

Re:Stay home except for essential needs by chickenpotpie on Monday March 16, 2020 @05:51PM (#22598368)
If you feel like we’re not overreacting, we’re underreacting.
Re:Stay home except for essential needs by nimblegorilla on Monday March 16, 2020 @06:02PM (#22598508)
> Can we at least wait til the US body count reaches 3 digits before saying stuff like this?

Looks like your comment was posted around 3 pm Pacific on Monday. https://www.worldometers.info/ says we are at 85 deaths. Unfortunately we'll probably be at triple digits within 24 hours.

Re:Stay home except for essential needs by jabroni_salad on Monday March 16, 2020 @05:57PM (#22598435)
Only problem is that exponential growth factor. The line between "nothing happened so why did we do all this" and "everything happened, why didnt you prevent it?" is thin.
Re:Stay home except for essential needs by anamexis on Monday March 16, 2020 @05:50PM (#22598346)
No, because the current US body count isn't relevant?
Re:Stay home except for essential needs by Analemma_ on Monday March 16, 2020 @05:50PM (#22598344)
No, that's what "exponential growth" means. By the time the body count is in three digits, you're way, way too late. Frankly this should've happened at least a week ago as it is.