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Re:South Dakota nurse says many dying patients still insist ... by coding123 on Tuesday November 17, 2020 @12:57PM (#25127059)
It's actually the state governments that's at fault here. Not the specifically the people. Let me tell you I was in back-country Oregon recently, some of the MOST republican places within Oregon, not going to name drop the county. Anyway, the Oregon state government is very much democratic (cause you know Portland). But because of that, even the republican counties are under a mask order. And the extremely red counties, people are actually wearing masks all over the place. Grocery stores even are employing someone to just stand there and either hand a cheapy surg. mask or tell them to put one on.

So what I'm saying is that regardless of what people WANT to do, the state has the power and push to get people to do it. And this is why we need Biden in office yesterday.

Re:South Dakota nurse says many dying patients still insist ... by Animats on Tuesday November 17, 2020 @01:25PM (#25127514)
Grocery stores even are employing someone to just stand there and either hand a cheapy surg. mask or tell them to put one on.

In the more advanced countries, such as Thailand, this is automated.[1] The store entrance gate won't open until the automated face scan has seen a mask. Hikvision has a mask and temperature detection system integrated with their face recognition systems.[2] If you already have a face recognition system, adding mask detection is a software update. And yes, face recognition now works on people with masks.

[1] https://twitter.com/i/status/1312668730791403520

[2] https://www.hikvision.com/uk/solutions/solutions-by-applicat...

Re:South Dakota nurse says many dying patients still insist ... by Rooster61 on Tuesday November 17, 2020 @02:16PM (#25128303)
> In the more advanced countries, such as Thailand, this is automated.

Having facial recognition everywhere isn't necessarily considered "advanced" in all circles. Technically, perhaps. Ethically? Not so much.

Facial recognition could be put everywhere in the US. Its primarily the political, legal, and social culture that prevents it, not the access to sufficient technology.

Re:South Dakota nurse says many dying patients still insist ... by km3r on Tuesday November 17, 2020 @02:30PM (#25128482)
calling this facial recognition is a bit of stretch when its more akin to "is a mask present?", not trying to match to people in a database. No different then self driving cars detecting a pedestrian. very far from unethical (although i would hope they would make an effort to accommodate all skin colors to not unintentionally discriminate against anyone.)
Re:South Dakota nurse says many dying patients still insist ... by vinni2 on Tuesday November 17, 2020 @03:23PM (#25129269)
> not trying to match to people in a database

Are you sure it’s not building one?

Re:South Dakota nurse says many dying patients still insist ... by jsilence on Tuesday November 17, 2020 @03:47PM (#25129593)
What is it going to record? "Dude with a mask" ?
Re:South Dakota nurse says many dying patients still insist ... by bathtub365 on Tuesday November 17, 2020 @11:36PM (#25133257)
“Dude who ignored a mask mandate from the government”
Re:South Dakota nurse says many dying patients still insist ... by vinni2 on Tuesday November 17, 2020 @04:03PM (#25129791)
Facial recognition with masks is already working [1]. So storing facial images of all customers entering store with or without mask is essentially the same.

[1] https://apex.aero/articles/facial-recognition-tech-works-mas...

Re:South Dakota nurse says many dying patients still insist ... by rzz3 on Tuesday November 17, 2020 @02:28PM (#25128457)
Facial recognition everywhere is a horrifying thought.
Re:South Dakota nurse says many dying patients still insist ... by bb88 on Tuesday November 17, 2020 @05:46PM (#25130951)
Some might see a million dead people as a worse thought.

I don't really like the idea of facial recognition, but the political class lives in a public facing world where every move they make is scrutinized. So they see the world maybe differently than when they're private citizens.

Re:South Dakota nurse says many dying patients still insist ... by rzz3 on Thursday November 19, 2020 @01:54PM (#25152984)
I guess it depends where each person falls on the “freedom vs safety” spectrum. I’m strongly on the “freedom” side. But I feel it’s a perspective based in some objectivity, as it’s generally a lot easier for one to protect themselves than to free themselves.
Re:South Dakota nurse says many dying patients still insist ... by smegger001 on Tuesday November 17, 2020 @10:25PM (#25132855)
perhaps it will incentivizes mask wearing to get around the facial recognize and tracking and help with covid as a side effect
Re:South Dakota nurse says many dying patients still insist ... by gumby on Tuesday November 17, 2020 @06:53PM (#25131477)
Software, or a person, could do this without knowing whose face is presented and without keeping records.
Re:South Dakota nurse says many dying patients still insist ... by Ao7bei3s on Tuesday November 17, 2020 @07:31PM (#25131733)
That's not enough. Someone standing in front of such a system cannot tell whether records are kept, or shared.

1. One risk is that the government will slowly erode any limitations. In Germany, one of the most privacy oriented countries, restaurants were required to collect contact information. This was announced as being strictly for covid contract tracing purposes. Less than a month later, the police in multiple states were found to have demanded and received access to those lists for reasons entirely unrelated to covid. So any default level of trust has already been betrayed.

2. Another risk is that the vendors themselves might prefer "alternative definitions" of record keeping and data sharing for various reasons (e.g. processing in the cloud and/or by third-party companies with even less restrictions, data collection for ML training purposes, selling the same dataset for profit, "flagged as hidden" vs "never actually stored", "stored to persistent media then deleted" vs "never persistently stored", preventing access by contractual/legal vs technical means...). The people making such promises are never ever the engineers that actually understand their system. And similar to the previous paragraph, companies have every incentive to slowly erode any guarantees they might've actually met at some point.

3. The people buying the products (shop owners) as a general rule have neither the expertise, time, motivation nor source code level access to call the vendors out.

Re:South Dakota nurse says many dying patients still insist ... by tintor on Tuesday November 17, 2020 @02:23PM (#25128384)
`In the more advanced countries, such as Thailand, this is automated.` That seems very dystopian.
Re:South Dakota nurse says many dying patients still insist ... by opportune on Tuesday November 17, 2020 @02:42PM (#25128640)
It's both. You can still wear masks in areas where they aren't explicitly necessary. In liberal cities in many "red" states, most people wear masks. It's 100% a "culture war" thing at this point. When I was moving from CA back East a few months ago, I saw practically nobody wearing masks even in rural CA.

That's not even mentioning that it's the people who are electing governments which don't require these basic public health requirements.

Re:South Dakota nurse says many dying patients still insist ... by penagwin on Tuesday November 17, 2020 @01:29PM (#25127566)
> Let me tell you I was in back-country Oregon recently, some of the MOST republican places within Oregon, not going to name drop the county.

Not sure the name drop matters given the other information you shared ;) I won't name drop it either but for future curious readers

https://en.wikipedia.org/wiki/Politics_of_Oregon

Re:South Dakota nurse says many dying patients still insist ... by TurkishPoptart on Tuesday November 17, 2020 @02:01PM (#25128088)
Are we talking about Malheur county?
Re:South Dakota nurse says many dying patients still insist ... by chillwaves on Tuesday November 17, 2020 @02:16PM (#25128304)
You know who else has the power to lead people and states? The federal government. Almost like they were empowered specifically for this kind of scenario.
Re:South Dakota nurse says many dying patients still insist ... by clairity on Tuesday November 17, 2020 @02:24PM (#25128409)
no, the federal government exists to defend the interests of the states, and resolve disputes between them. it's not meant to be a higher level of authority.
Re:South Dakota nurse says many dying patients still insist ... by dragonwriter on Tuesday November 17, 2020 @02:34PM (#25128534)
> no, the federal government exists to defend the interests of the states, and resolve disputes between them.

Clearly, yes.

> it's not meant to be a higher level of authority.

The Supremacy Clause fairly explicitly disagrees.

Re:South Dakota nurse says many dying patients still insist ... by clairity on Tuesday November 17, 2020 @02:41PM (#25128624)
yes, but the supremacy clause applies only to laws written within its (federal) jurisdiction, as enumerated in the constitution (and amendments). the battle there, of course, is how much jurisdiction can be finagled under the interstate commerce clause and the like.
Re:South Dakota nurse says many dying patients still insist ... by nwallin on Tuesday November 17, 2020 @06:59PM (#25131528)
In your opinion, has COVID-19 had any effect on interstate commerce? Or is interstate commerce the same as it was this time last year?
Re:South Dakota nurse says many dying patients still insist ... by clairity on Tuesday November 17, 2020 @08:04PM (#25131998)
all commerce, including the interstate kind, has slowed down due to the pandemic response, but that certainly doesn't mean that the interstate commerce clause should be invoked for covid (or in many other cases that it has been employed by the federal gov't). that power should be reserved for things like collusive, coercive, and anti-competitive behavior, its intended purpose.

for epidemiological concerns, the public health services act is the relevant federal legal framework, as @dragonwriter mentioned elsewhere.

however, a national mask mandate is a political ploy unlikely to lower infection rates materially vs. less visible and harder-to-enforce mitigations. it's polarized pangeantry, being pushed to put some points on the political board and coalesce power. anyone who cares about getting past the pandemic should punish such ineffective partisan behavior in favor of real meaningful, targeted, and effective measures--start with focusing on private social gatherings, the primary vector of spread (and completely unrelated to interstate commerce), not meaningless public displays of compliance.

Re:South Dakota nurse says many dying patients still insist ... by dragonwriter on Wednesday November 18, 2020 @10:09AM (#25137562)
> all commerce, including the interstate kind, has slowed down due to the pandemic response, but that certainly doesn't mean that the interstate commerce clause should be invoked for covid (or in many other cases that it has been employed by the federal gov't). that power should be reserved for things like collusive, coercive, and anti-competitive behavior, its intended purpose.

> for epidemiological concerns, the public health services act is the relevant federal legal framework, as @dragonwriter mentioned elsewhere.

The Public Health Services Act is almost entirely an exercise of Congressional power under the Commerce Clause. (Some bits of it may be grounded elsewhere, but that is the main source of authority for the Act.)

You can't really say it's the right statutory authority and say that the Commerce Clause should not be invoked in this context.

Re:South Dakota nurse says many dying patients still insist ... by clairity on Wednesday November 18, 2020 @01:35PM (#25140515)
> "The Public Health Services Act is almost entirely an exercise of Congressional power under the Commerce Clause."

some quick research reveals that the federal quarantine powers of the PHSA are largely restricted to state and national borders. so that's indeed based (partly) in the commerce clause, protecting trade across borders from destabilizing forces. but the 5th & 14th amendments (due process and equal protection) also contribute, as does the necessary and proper clause (allowing the fed to use unenumerated powers to carry out its charter, and only its charter, when necessary and proper).

but a true national quarantine, where people are confined to homes or communities, and other proposed national measures (like a mask mandate) would require broader powers that go beyond the commerce clause, and that was the (unstated) common understanding from which i was arguing from before.

i still find this use of the commerce clause troubling, as it's just another stepping stone in the consolidation of power away from states to a future autocrat. the commerce clause is meant to curtail human-induced distortions on interborder trade, not pandemics.

Re:South Dakota nurse says many dying patients still insist ... by nefitty on Tuesday November 17, 2020 @02:22PM (#25128376)
I started thinking about this when thinking of the United Nations. If the UN had become what it could have, we would have some sort of federal world system that could tackle things like climate change, etc. This same thing occurs at different levels. The US federal government is in the best position to enforce regulations that require collective state action, like pandemic response. If they’re not solving the problems they’re uniquely in a position to solve, then what’s the point of federal taxes?
Re:South Dakota nurse says many dying patients still insist ... by throwaway0a5e on Tuesday November 17, 2020 @02:42PM (#25128632)
The states aren't run by stupid people. They're not gonna send in some state cops start shooting people over masks or to escalate in that direction. They don't have the manpower to enforce mask mandates without the consent of the governed. Their options for projecting power into areas where people have relatively homogeneously chosen to not comply are limited.
Re:South Dakota nurse says many dying patients still insist ... by ryandrake on Tuesday November 17, 2020 @02:55PM (#25128818)
There are plenty of examples of unpopular rules successfully enforced, from school integration to the War On Drugs. The lack of mask/distancing enforcement is purely government cowardice and indifference. They could do it if they wanted to.

Publicly fire a few county bumpkin Sheriffs who refuse to enforce the mandates and you'd see an attitude change.

Re:South Dakota nurse says many dying patients still insist ... by zests on Tuesday November 17, 2020 @04:20PM (#25130005)
So when people protest, are you going to break up the protests?
Re:South Dakota nurse says many dying patients still insist ... by coding123 on Tuesday November 17, 2020 @05:07PM (#25130578)
That's the thing, in rural Oregon they protested the election, but they're definitely walking into grocery stores wearing the masks.
Re:South Dakota nurse says many dying patients still insist ... by whammywon on Friday November 20, 2020 @02:33PM (#25163984)
AFAIK most (all?) sheriffs can't be fired. They're elected county officials, so maybe they could be impeached but I really don't think they can be just outright fired like that.

Also, I would imagine many of the sheriffs that refuse to enforce mandates probably have considerable support from their constituents. Surely that would make their impeachment a significantly more difficult ordeal for whatever agency is responsible for the impeachment proceedings.

Re:South Dakota nurse says many dying patients still insist ... by tehwebguy on Tuesday November 17, 2020 @06:34PM (#25131333)
Do you think mask mandates are working in the other states due to enforcement? They aren't. People are just wearing them because they accept the seriousness and have a sense of the risk and their responsibility.

Some do it out of shame, others necessity (e.g. shop not letting you in without a mask) but nobody is afraid of being arrested for failing to wear a mask.

Re:South Dakota nurse says many dying patients still insist ... by pmiller2 on Tuesday November 17, 2020 @04:54PM (#25130434)
With mask noncompliance so widespread, what exactly is Biden going to do? Throw all the anti-maskers in jail? Post law enforcement outside their houses to force them to quarantine? In fact, while the state technically has legal authority to get people to comply with mask mandates, they don't literally have the ability to do so. So, I would argue that the state doesn't have the "power" to do anything here at all, or, at least that it hasn't been demonstrated to date.
Re:South Dakota nurse says many dying patients still insist ... by Bombthecat on Tuesday November 17, 2020 @03:01PM (#25128916)
Yeah, but uhhh shouldn't you change your view while dying?? I mean... That's just plain insane.

I'm reminded of monthy python: those lost arms?!? Just a scratch!

Re:South Dakota nurse says many dying patients still insist ... by irq11 on Tuesday November 17, 2020 @01:40PM (#25127748)
Oregon’s cases are skyrocketing:

https://covid-19.direct/state/OR

Much of this is in Portland:

https://covid-19.direct/county/OR/Multnomah

Re:South Dakota nurse says many dying patients still insist ... by dumbfoundded on Tuesday November 17, 2020 @02:12PM (#25128235)
Cases are skyrocketing everywhere. While your statement is true, it's extremely misleading.

Oregon is 47th place in terms of population adjusted total cases. In terms of number of absolute new cases, Oregon is 40th. Every state with fewer absolute new cases than Oregon is smaller with the exception of Lousiana. Oregon has done a fantastic job of handling Covid.

(1) https://www.worldometers.info/coronavirus/country/us/ .

Re:South Dakota nurse says many dying patients still insist ... by irq11 on Wednesday November 18, 2020 @03:14AM (#25134285)
It isn’t misleading in any way: the parent was talking about mask rules in Oregon, asserting that they make all the difference. Yet cases are going up, all over Oregon, and especially in the places with the most compliance.

The fact that cases are going up all over the northern hemisphere - in places both with mask rules and without - should tell you something very important about the effectiveness of those rules.

Re:South Dakota nurse says many dying patients still insist ... by dumbfoundded on Wednesday November 18, 2020 @11:49AM (#25139004)
I'm not sure why you're being purposely ignorant. Rules in Oregon have been relatively more strict so Oregon has had relatively fewer cases. Oregon lifted restrictions, opening up dining & gyms for example leading to an increase in cases. As a response, Oregon has reentered a lockdown.

What's so complicated?

Re:South Dakota nurse says many dying patients still insist ... by irq11 on Friday November 20, 2020 @06:35PM (#25166452)
How civil.

Oregon’s restrictions were no more or less strict than, say, New York City. In New York, gyms are open, dining is open.

New York is currently at 20 per 100k cases per day. Portland is at 100 per 100k. I suppose this means that New York is masking harder?

What’s so complicated?

Re:South Dakota nurse says many dying patients still insist ... by lavishlatern on Tuesday November 17, 2020 @01:54PM (#25127967)
Oregon still seems to be doing relatively better.

https://covid.cdc.gov/covid-data-tracker/#cases_casesper100k...

Re:South Dakota nurse says many dying patients still insist ... by davidw on Tuesday November 17, 2020 @01:53PM (#25127951)
Much of it is due to private gatherings without masks, gyms, and maybe bars and restaurants.

From what I can tell (I'm just staying home), people maybe did backyard gatherings when it was nice enough out, but moved indoors and that's gotten a lot of people sick.

Re:South Dakota nurse says many dying patients still insist ... by irq11 on Tuesday November 17, 2020 @02:04PM (#25128116)
> Much of it is due to private gatherings without masks, gyms, and maybe bars and restaurants.

Prove it.

When cases go down, it’s because of masks. When they go up in the same place, it’s because people suddenly stopped wearing them, but no proof is provided for either assertion.

Re:South Dakota nurse says many dying patients still insist ... by d1zzy on Tuesday November 17, 2020 @02:15PM (#25128281)
I think we can all agree (and I don't have to prove) that if nobody would ever meet anyone outside their home there would be 0 infections. So that would be the ideal. We could have states just mandate very strict shelter in place. Would you like that?

Probably not, in which case we have to allow people to get outside their homes. When we do that we come up with rules to try to minimize infection rates, distance and mask wearing is supposed to help with that. Is your argument that mask wearing has 0 impact on COVID19 spreading rate?

This article seems to go over a number of studies showing correlation between mask wearing and lower death rates: https://www.nature.com/articles/d41586-020-02801-8

But if mask wearing isn't helping at all with infectious diseases like COVID19, why are health experts always wearing them? It's a lot more comfortable to not be wearing any mask so they could do that instead. They'd have the data and the skills to determine if it helps or not, much better than we would.

Re:South Dakota nurse says many dying patients still insist ... by ryandrake on Tuesday November 17, 2020 @03:48PM (#25129618)
> I think we can all agree (and I don't have to prove) that if nobody would ever meet anyone outside their home there would be 0 infections. So that would be the ideal. We could have states just mandate very strict shelter in place. Would you like that?

Absolutely. If we were really serious about beating the virus, that's exactly what we would do: Real and strictly enforced stay-at home, and mask wearing for exceptional cases when you had to go out. Coordinated nationally so we didn't have this healthy state - sick state problem. Then stick with it until it succeeded. It would be temporarily economically painful, and people would complain about their freedom to get their nails done and eat at Olive Garden, but we'd get the public health benefit and come out the other side not-dead.

Instead, we managed to do an even worse thing: Announce half-assed "business closures" and stay-at-home orders (more like suggestions), uncoordinated with other states, and unenforced, which gave us the negative economic effects and did not provide the health benefit. To top it off, we opened up way too early, causing this yo-yo effect where cases predictably spike after re-opening, causing re-closing, then a rush to re-open because economy, then another spike, then an inevitable re-close, and on and on.

Unless the vaccines pan out, we're going to be in this exact situation a year from now. Constantly re-opening, faking surprise at the cases spiking, and then re-closing.

Re:South Dakota nurse says many dying patients still insist ... by xlm1717 on Tuesday November 17, 2020 @03:26PM (#25129313)
It is a lot more comfortable to not be wearing any mask, that's why health experts like Dr. Fauci wear them only in front of the cameras but take them off when they think the cameras are off.
Re:South Dakota nurse says many dying patients still insist ... by davidw on Tuesday November 17, 2020 @03:14PM (#25129127)
This is what https://www.oregon.gov/oha/Pages/index.aspx and our county health program here in Deschutes county are saying. They seem pretty reliable and objective.
Re:South Dakota nurse says many dying patients still insist ... by svrb on Tuesday November 17, 2020 @01:52PM (#25127945)
I think we can pretty safely conclude that any data saying blue cities have it worse than bumfuck nowhere towns must be misleading or manipulated. It just doesn't line up with what we know about education levels and compliance levels.
Re:South Dakota nurse says many dying patients still insist ... by davidw on Tuesday November 17, 2020 @01:55PM (#25127983)
There are more total cases in Portland because of the population numbers. From what I recall, the per capita numbers bounce around, with rural counties going through outbreaks occasionally taking the lead. There was a church in La Grande that had a big one in late spring. Sure put the lie to the notion that it was "density" and a "city problem".
Re:South Dakota nurse says many dying patients still insist ... by dmode on Tuesday November 17, 2020 @02:43PM (#25128648)
San Francisco is the second densest city in America. San Francisco has the lowest COVID transmission rates of any city, with recently a positive test rate under 1%. Masks matter.
Re:South Dakota nurse says many dying patients still insist ... by irq11 on Wednesday November 18, 2020 @03:20AM (#25134320)
San Francisco has imposed unrelenting, draconian business closures for most of 2020, and only barely allowed re-opening of a few classes of business in late summer before closing them again in the fall. The city has seen a mass exodus amongst the worst in the nation.

And yet, despite all of this, and despite some of the strictest mask rules in the world, and the highest rates of compliance...cases have almost quadrupled since mid-October:

https://covid-19.direct/county/CA/San%20Francisco

But sure, none of that matters: if cases go down, it’s because masks. If they go up, it’s because someone didn’t wear their mask right. There can be no other explanation.

Re:South Dakota nurse says many dying patients still insist ... by VintageVibes on Tuesday November 17, 2020 @04:44PM (#25130319)
I wonder if cities having a high proportion of knowledge workers that are all able to work from home has a big impact too. The less people gather in groups, the better.
Re:South Dakota nurse says many dying patients still insist ... by irq11 on Tuesday November 17, 2020 @02:06PM (#25128156)
The graphs I linked use the Covid Tracking Project API. The data is not manipulated in any way.
Re:South Dakota nurse says many dying patients still insist ... by sagarm on Tuesday November 17, 2020 @02:37PM (#25128573)
Blue cities are denser than outlying red areas. Density means more opportunities for transmission. All else being equal, they would see higher transmission and per-capita infection rates.

The fact that we see the opposite is unfortunate and unnecessary.

Re:South Dakota nurse says many dying patients still insist ... by lolwut123 on Tuesday November 17, 2020 @10:59PM (#25133055)
You understand that state governments are made up of people from the state right?
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Re:South Dakota nurse says many dying patients still insist ... by uoaei on Tuesday November 17, 2020 @02:00PM (#25128066)
"The state" refers to the governing apparatus, not a particular state within the union. I understand there may be some confusion if you are not familiar with the US government and typical ways of talking about it.
Re:South Dakota nurse says many dying patients still insist ... by Impashin on Tuesday November 17, 2020 @02:01PM (#25128091)
https://constitution.congress.gov/constitution/amendment-10/

Please cite me where the power to enact a requirement to wear masks is explicitly granted to the federal government. I'll wait.

Re:South Dakota nurse says many dying patients still insist ... by whoisburbansky on Tuesday November 17, 2020 @03:17PM (#25129179)
This is an amusing ask given the use of the Commerce Clause in the past couple decades to justify everything from civil rights (Heart of Atlanta Motel v. U.S.) to strictly intrastate marijuana trade (Gonzales v. Raich). Doesn't seem that large a stretch to bring a case to the SC claiming that requiring wearing masks is related to interstate commerce closely enough that it would be allowed under the Commerce Clause.
Re:South Dakota nurse says many dying patients still insist ... by dragonwriter on Tuesday November 17, 2020 @02:24PM (#25128416)
> Please cite me where the power to enact a requirement to wear masks is explicitly granted to the federal government.

Depends on the nature of the mandate. A simple hard mandate (everyone must wear masks in public or be subject individually to federal sanction) may not be authorized, but that's not the only shape of mask mandate possible.

A requirement that a state adopt and show adequate enforcement of control measures deemed necessary by the federal government, including (if deemed necessary) a mask mandate with given parameters or be subject to additional restrictions on interstate trade and travel to restrict the spread of disease to other states is absolutely not only within the scope of the Constitutional power of the federal government under the Commerce Clause, but also within statutory powers already granted to the executive branch under that Constitutional power, in the Public Health Services Act and elsewhere.

Re:South Dakota nurse says many dying patients still insist ... by beisner on Tuesday November 17, 2020 @02:48PM (#25128721)
They could make a mask mandate a requirement for receiving any amount of federal spending in their state. Something similar happened with the drinking age being raised to 21. Although I wouldn’t put it past some state governments to cut off their nose to spite their face at this point...
Re:South Dakota nurse says many dying patients still insist ... by Forbo on Tuesday November 17, 2020 @02:12PM (#25128222)
According to the Bar Association, the Commerce Clause and Public Health Service Act is what you're looking for.

https://www.americanbar.org/news/abanews/publications/yourab...

Re:South Dakota nurse says many dying patients still insist ... by Impashin on Tuesday November 17, 2020 @02:14PM (#25128268)
This article makes no claims on the constitutionality of such an act.
Re:South Dakota nurse says many dying patients still insist ... by gamblor956 on Tuesday November 17, 2020 @05:56PM (#25131044)
The PHSA is over 6 decades old, so you need to prove that is unconstitutional.
Re:South Dakota nurse says many dying patients still insist ... by rzz3 on Tuesday November 17, 2020 @02:29PM (#25128476)
They’d probably just dump a justification under the interstate commerce clause like they do with every other federal government overreach.
Re:South Dakota nurse says many dying patients still insist ... by coding123 on Tuesday November 17, 2020 @04:56PM (#25130462)
The most SIMPLE explanation for you is the following, and it has nothing to do with Laws.

When Trump was given his presidential megaphone he was able to convince a LOT of people to not wear masks by simply not wearing one and then telling people that's fine. At least by taking away the megaphone that's a step in the right direction. Even if there's no specific law that backs him up, that alone may save lives.

Second, even if technically not legal, presidential orders are OFTEN followed. It can be challenged in the courts for years but in the mean time, an order like that will probably have the effect of getting at least another 50M masks put on. That's a fucking win.

The other thing that is 100% legal, is the executive branch can restrict funding in specific ways if a state does not behave. If I was Biden, I would start there.

Re:South Dakota nurse says many dying patients still insist ... by dsg42 on Tuesday November 17, 2020 @02:46PM (#25128679)
I'm going to give you a longer answer, taking your concerns in good faith, since most of the responses you have so far are fairly combative.

We need to start by recognizing that, although the Constitution is an important original source in understanding how our government functions, we have over 200 years of Constitutional interpretation that lies on top of it. You are welcome to make a Constitutional argument that goes against the existing jurisprudence, and Constitutional interpretation does change over time, but it does so only slowly. One of the most important principles in Constitutional interpretation is that of stari decisis, or issues which have already been decided. In almost all circumstances, courts adhere to precedence. This isn't always the case, but when you are fighting against the current understanding of the Constitution, you need to realize that you're fighting an uphill battle, and frame your arguments as such.

So where are we in our understanding of these issues? First, the Supreme Court has literally ruled that the Tenth Amendment is useless. Specifically, in US v Sprague (1931, SCOTUS ruled that the Tenth Amendment is a "truism" that "added nothing to the [Constitution] as originally ratified."[1] It was later used to create an anti-commandeering understanding, which in this circumstance just means that the federal government can't pass a law that requires states to enforce a federal mask mandate. There might be a public health exception to that though, but that's where the tenth amendment would be relevant.

You also need to understand that SCOTUS has repeatedly expanded the commerce clause to cover basically everything. The federal government can pass pretty much any law they want, say it affects interstate commerce, and win. You don't have to like that interpretation, but everyone follows it. It was only during the Rehnquist Court that a few exceptions were carved out, but they're very, very narrow. The most famous example was that the court ruled that the federal government couldn't ban handguns in schools under the commerce clause. But for anything even vaguely interstate, and a contagious virus certainly counts, the federal government is allowed to pass pretty much any law it wants.

The courts also tend to be pretty generous towards allowing emergency powers to deal with a genuine crisis. I expect that the federal government could do pretty much anything it wants to deal with COVID. I'm sure they'd allow a national lockdown by executive order right now. A legislative mask mandate would be completely non-controversial from a Constitutional perspective.

[1] https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_... - Yes, this is Wikipedia, but I don't feel like reading a SCOTUS case to write a HN comment

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Re:South Dakota nurse says many dying patients still insist ... by jjeaff on Tuesday November 17, 2020 @02:56PM (#25128834)
Heck, having a president who says masks are important and is seen wearing one in public most of the time and not saying things like "you can wear a mask if you want to, me personally, I'm not going to" would go a long, long way.

However, I'm afraid that the cat is already out of the bag and many weak minds have been poisoned that wearing a mask somehow infringes rights or doesn't do anything.

Re:South Dakota nurse says many dying patients still insist ... by dragonwriter on Tuesday November 17, 2020 @02:59PM (#25128879)
> However, I'm afraid that the cat is already out of the bag and many weak minds have been poisoned that wearing a mask somehow infringes rights or doesn't do anything.

Negative belief in at least the current reality of the pandemic (if not the historical reality of the disease itself), as well as in mitigation measures like masking, has become an important tribal identity marker. That's going to be difficult to counteract, and probably doesn't work on a rational level (that is, even if you could convince someone that the overt rationale was wrong, that would be more likely to prompt a shift in rationalization than a shift in belief.)

Re:South Dakota nurse says many dying patients still insist ... by coding123 on Tuesday November 17, 2020 @01:27PM (#25127537)
Re:South Dakota nurse says many dying patients still insist ... by Impashin on Tuesday November 17, 2020 @01:54PM (#25127968)
This article demonstrates that the federal government does not (and should not) have the power to act in this manner. CNN found a single law professor who stated this:

> "I don't think that the statute can be read broadly enough to apply to all people merely moving on an interstate highway," Blackman said. "Once you go beyond people in federal facilities, you're really intruding on what the state's responsible for."

At best, they can cover Federal buildings with a policy. That is it.

Re:South Dakota nurse says many dying patients still insist ... by gamblor956 on Tuesday November 17, 2020 @05:59PM (#25131067)
Your comment proves the article's point. In the entire country, they could only find a single professor to say that the federal government doesn't have the power to issue a mask-mandate for occupants of vehicles on interstate highways.

Given that these roadways in question are interstate the federal government's power to regulate activity thereon is assumed as the power to regulate interstate commerce is one of the constitutionally enumerated powers of the federal government.

Re:South Dakota nurse says many dying patients still insist ... by CerealFounder on Tuesday November 17, 2020 @01:39PM (#25127734)
Im not sure why this is downvoted, especially on a site like HN. If you had a CEO that was anti tracking CAC and just said, doing marketing is enough. The corporate culture of employees would drift toward not tracking CAC (cost of acquisition), even though none of the employees are obligated to buy into that.

The thing that is lost on the national vs state debate is that the presidents role in a our state powered republic is mostly a sales job. Selling culture, building confidence, recruiting domestic and abroad. Having a new culture changes things whether you agree with the change or not. It's not a political statement, it's how the country works.

[dead]
Re:South Dakota nurse says many dying patients still insist ... by evgen on Tuesday November 17, 2020 @02:24PM (#25128407)
> In America, any power not explicitly granted to the federal government is left to the states.

I am amused that anyone other than a small child still believes this. The 9th and 10th have been phantoms for longer than you have been alive and are of absolutely no consequence whatsoever.

Oh yeah, there is no 'if' there buddy. Biden won and will be able to enforce any public health measures available to him via executive order starting January 20th.

Re:South Dakota nurse says many dying patients still insist ... by dragonwriter on Tuesday November 17, 2020 @02:32PM (#25128508)
> In America, any power not explicitly granted to the federal government is left to the states. If Biden wins, this fact does not change, and he cannot enforce any policy regarding masks.

Sure he can.

The exact parameters of any such mandate and its manner of enforcement is circumscribed, but that doesn't mean there is no legally-enforceable federal mask mandate. A direct federal individual mask mandate, with direct personal liability for violations, is least likely to be Constitutional.

A federal mandate that states adopt, enforce, and demonstrate adequate compliance with such a mandate, with failure resulting in additional restrictions on interstate travel and trade, is certainly not only within the power of the federal government under the Commerce Clause, but also the executive branch under the Public Health Services Act and other laws relating to federal commerce-related responses relating to public safety.