Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

Concerning The Effectiveness Of Masks To Filter SARS-CoV-2

BY Herschel Smith
2 years, 4 months ago

Remember that I said this to you?

Next up, the wearing of masks.  I have some experience in air filtration engineering from my early career testing and balancing HEPA filters and charcoal adsorbers.  HEPA filters (of concern here) work by particle interception due to electrostatic force.  Surgical masks, cloths, handkerchiefs, and other manner of cotton material (cotton is cellulose) do not have that.

My daughter wears one in surgery and the ER to prevent potential blood-borne pathogens from entering her mouth, not to prevent SARS-CoV-2, flu or the common cold (which is also a Coronavirus).  N95 masks are just that, 95% efficient for particles down to a given size.  Moreover, when a nuclear or chemical worker wears a full face respirator, if the wearer is a male and has a beard, he must shave.  Workers have tried to create work-arounds for this by glazing their face with Vaseline, but the seal never works.  The bulk of breathing air goes around the filtration media if there is no testable seal, not through it.  This is true of full face respirators, and it is true in the superlative for these silly little masks half of America is wearing.

When you put an N95 mask on, the bulk of your breathing air is going under and over the top of the mask, not through it.  Furthermore, every decontamination technique eventually destroys the electrostatic charge on the fibers, thus rendering the mask useless.  It’s designed to be worn and then thrown away.  It’s actually worse than useless, because we are now learning that there is a heavy viral and pathogenic loading on both the outside and the inside of the filter media, and we also now know that the degree to which a patient suffers from this disease is a function – at least partially – of the amount of inoculate that you breath.

I’m certainly not perfect, but I won’t mislead you.  I stumbled upon this video and thought it might be enlightening that someone else thinks the same way.

This information is true because: HEPA filters will remove particles down to 0.3 µm in size (to usually 99.95% efficiency, depending upon the filter – here I have used data for nuclear grade filters).  The SARS-CoV-2 virus is 80 nm in diameter.  A few viruses out of a million might be intercepted by electrostatic force, but that’s essentially zero.

If the particle you’re trying to intercept is spittle, stay away from coughing people anyway.  But those particles drop by sedimentation, diffusiophoresis, etc.

You’ll have to forward to about five minutes in the video to get past the rambling. I think some inspired readers could add to all of this by linking video or citing URLs where Fauci now claims that the wearing of masks is merely a sign of respect.

John Lovell: How To Choose The Right Suppressor

BY Herschel Smith
2 years, 4 months ago

Brownells On AR-15 Barrel Nut Torque

BY Herschel Smith
2 years, 4 months ago

Top 2 Firearms For Alaskan Brown Bear Defense?

BY Herschel Smith
2 years, 4 months ago

For him it’s the .45-70 and .454 Casull.

Defenders Of Your Second Amendment Rights?

BY Herschel Smith
2 years, 4 months ago

Not so much.

This morning the Supreme Court issued orders from the justices’ private conference last week. The justices did not add any cases to their merits docket for next term, nor did they seek the views of the federal government in any new cases. And perhaps most notably, the justices did not act on any of the Second Amendment cases that they have now considered at three consecutive conferences; somewhat unusually, the electronic dockets for those cases (see, for example, here) all indicated late last week – that is, before today’s order list was even released – that the cases had been relisted for the upcoming conference on Thursday, May 28.

The court also granted a motion to substitute Donna Stephens, the wife of Aimee Stephens, as the respondent in R.G. & G.R. Harris Funeral Homes v. EEOC, in which the justices are considering whether federal employment-discrimination laws protect transgender employees. Aimee Stephens died earlier this month of complications from kidney disease.

But we need to make sure that the rights of transgenders are considered.

Going After The Wrong People

BY Herschel Smith
2 years, 4 months ago

News from NYC.

EAST NEW YORK, Brooklyn (WABC) — A grocery store worker in Brooklyn is in custody after police say he shot and killed a man armed with a knife.

It happened just after 11 p.m. Monday at Rose Family Grocery Store in East New York.

Police say 25-year-old Edwin Candelario attempted to attack the worker with a knife during an argument.

That’s when the 34-year-old worker pulled out a gun and police say he shot Candelario several times, killing him.

It appears the worker was not licensed to have the gun.

We certainly need to focus resources on where they’re needed.  A man defending his life cannot be allowed.

SARS-CoV-2 And Hatred Of The Elderly

BY Herschel Smith
2 years, 4 months ago

“You shall rise up before the grayheaded and honor the aged, and you shall revere your God; I am the LORD.” (Leviticus 19:32).

News from New York and the Northeast on how they have treated the elderly.

Health policy expert Avik Roy noted on Twitter Tuesday morning that if you remove New York from the national statistics, the percentage of COVID-19 deaths attributed to nursing homes jumps to 52%. Roy also reminds us that “only 1.8% of U.S. residents live in nursing homes or assisted living facilities, meaning that people in one of those facilities are 23 times more likely to die of COVID-19 than anyone else.

This isn’t without background.

Those deaths have occurred as Cuomo’s critics say he has taken a hands-off approach to regulating the healthcare industry interests that helped bankroll his election campaign. In March, Cuomo’s administration issued an order that allowed nursing homes to readmit sick patients without testing them for Covid-19. Amid allegations of undercounted casualties, the governor also pushed back against pressure to have state regulators more stringently record and report death rates in nursing homes.

And then came Cuomo’s annual budget – which included a little-noticed passage shielding corporate officials who run New York hospitals, nursing homes and other healthcare facilities from liability for Covid-related deaths and injuries.

GNYHA – a lobbying group for hospital systems, including some that own nursing homes – said it “drafted and aggressively advocated for” the immunity provision. The new law declares that top officials at hospital and nursing home companies “shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing healthcare services” to address the Covid-19 outbreak.

Prior to the budget language, Cuomo had already temporarily granted limited legal immunity to doctors and nurses serving on the medical frontlines. But the carefully sculpted passage buried in the state’s annual spending bill expanded that by offering extensive immunity to any “healthcare facility administrator, executive, supervisor, board member, trustee or other person responsible for directing, supervising or managing a healthcare facility and its personnel or other individual in a comparable role”.

One of the most hideous things done in American history, second to abortion.

The Ninth Circuit Court Of Tyrants On Religious Rights

BY Herschel Smith
2 years, 4 months ago

Politico.

The battle over the impact of coronavirus lockdown measures on Americans’ religious observances has reached the Supreme Court as a Southern California church and its pastor made an emergency appeal for relief from executive orders issued by Gov. Gavin Newsom.

Lawyers for the South Bay United Pentecostal Church and Bishop Arthur Hodges asked the justices to step in Sunday after a federal appeals court panel rejected a similar emergency application Friday.

The decision from the 9th Circuit Court of Appeals came on the same day President Donald Trump publicly backed churches seeking to escape various stay-at-home orders in place across the country. Trump said he was ordering governors to exempt churches “right now” by declaring religious services to be essential, although he lacks any evident legal authority to impose his view on state officials.

Still, Trump’s pointed rhetoric added new fire to the simmering legal battles, including pledges by thousands of churches to defy local public-health restrictions by holding services on Pentecost, which falls next Sunday.

In the California-focused case that reached the high court Sunday night, a 9th Circuit panel split, 2-1, with the majority declining to disturb the state government’s action in light of the health dangers posed by the ongoing pandemic.

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure,’” Judges Barry Silverman and Jacqueline Nguyen wrote. “In the words of Justice Robert Jackson, if a ‘court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.’”

Silverman, a Clinton appointee, and Nguyen, an Obama appointee, were dismissive of the church’s arguments in the Friday order, devoting only two paragraphs to the substance of the dispute.

However, the third judge on the panel — Trump appointee Daniel Collins — weighed in with an 18-page dissent arguing that Newsom’s orders are impermissibly intruding on religious freedom protected by the First Amendment.

“I do not doubt the importance of the public health objectives that the State puts forth, but the State can accomplish those objectives without resorting to its current inflexible and over-broad ban on religious services,” Collins wrote.

Collins noted that the orders allow many workplaces to open, but ban religious gatherings even when they could meet the social distancing standards imposed on other activities that are now permitted.

“By explicitly and categorically assigning all in-person ‘religious services’ to a future Phase 3 — without any express regard to the number of attendees, the size of the space, or the safety protocols followed in such services8 — the State’s Reopening Plan undeniably ‘discriminate[s] on its face’ against ‘religious conduct,’” the judge said.

The legal dispute may turn on how much weight the justices choose to give to a 115-year-old Supreme Court precedentJacobson v. Massachusetts, which upheld a mandatory vaccination scheme for smallpox.

Who wants to lay bets with me?  I say the Supreme Court punts and refuses even to hear the case, leaving it to the cowards in the Ninth Circuit who didn’t even have the courage to hear the case En banc.

CMMG: The Radial Blowback System

BY Herschel Smith
2 years, 4 months ago

Good innovation.

Asymptomatic SARS-CoV-2 Carriers Are Not Very Contagious

BY Herschel Smith
2 years, 4 months ago

News from the NIH.

455 contacts who were exposed to the asymptomatic COVID-19 virus carrier became the subjects of our research. They were divided into three groups: 35 patients, 196 family members and 224 hospital staffs. We extracted their epidemiological information, clinical records, auxiliary examination results and therapeutic schedules.

The median contact time for patients was four days and that for family members was five days. Cardiovascular disease accounted for 25% among original diseases of patients. Apart from hospital staffs, both patients and family members were isolated medically. During the quarantine, seven patients plus one family member appeared new respiratory symptoms, where fever was the most common one. The blood counts in most contacts were within a normal range. All CT images showed no sign of COVID-19 infection. No severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) infections was detected in 455 contacts by nucleic acid test.

In summary, all the 455 contacts were excluded from SARS-CoV-2 infection and we conclude that the infectivity of some asymptomatic SARS-CoV-2 carriers might be weak.

If someone doesn’t feel bad and exhibits no symptoms of disease, he can generally go about his business without harming others.  If you feel bad, you should stay home.

If you feel bad, stay home.  If you feel okay, report to school or work.  So what have we learned in this study that our mothers didn’t teach us?

Virtually everything the government (federal and state) has done has been ass backwards through this epidemic.

They began by saying the virus led to ARDS.  That myth was completely shattered early on by Dr. Cameron Kyle-Sidell who treated many patients in New York, and continues to be debunked by more doctors.  And yet, I have in my possession a 60+ page PowerPoint presentation sent to medical workers in North Carolina just several weeks ago restating the ARDS mythology.

The very term “happy hypoxia” came from this treating this disease, and it is now clearly isn’t an ARDS disease, and attacks the blood and CNS/PNS.  All that’s required to ascertain this is a little reading and investigation, and being open to learning from the rest of the world.  But apparently that cannot be done in my home state of N.C., where our awful governor surrounds himself with awful people.

Next up, the wearing of masks.  I have some experience in air filtration engineering from my early career testing and balancing HEPA filters and charcoal adsorbers.  HEPA filters (of concern here) work by particle interception due to electrostatic force.  Surgical masks, cloths, handkerchiefs, and other manner of cotton material (cotton is cellulose) do not have that.

My daughter wears one in surgery and the ER to prevent potential blood-borne pathogens from entering her mouth, not to prevent SARS-CoV-2, flu or the common cold (which is also a Coronavirus).  N95 masks are just that, 95% efficient for particles down to a given size.  Moreover, when a nuclear or chemical worker wears a full face respirator, if the wearer is a male and has a beard, he must shave.  Workers have tried to create work-arounds for this by glazing their face with Vaseline, but the seal never works.  The bulk of breathing air goes around the filtration media if there is no testable seal, not through it.  This is true of full face respirators, and it is true in the superlative for these silly little masks half of America is wearing.

When you put an N95 mask on, the bulk of your breathing air is going under and over the top of the mask, not through it.  Furthermore, every decontamination technique eventually destroys the electrostatic charge on the fibers, thus rendering the mask useless.  It’s designed to be worn and then thrown away.  It’s actually worse than useless, because we are now learning that there is a heavy viral and pathogenic loading on both the outside and the inside of the filter media, and we also now know that the degree to which a patient suffers from this disease is a function – at least partially – of the amount of inoculate that you breath.

Next up, Hydroxychloroquine.  Even the most recent trial of Hydroxychloroquine don’t include the administration of Zinc, and thus the trial is probably useless (a fact that had to be pointed out by Glenn Reynolds).  And despite the medical bureaucracy panning the use of Hydroxychloroquine, they didn’t back in 2005, when they said exactly the opposite.  And while we’re on the subject, while they also pan the use of Hydroxochloroquine for not having their control group and “double blind” study, Anthony Fauci’s much heralded Remdesivir lacks the very same thing.  But Remdesivir is better, because shut up.

Next up, I’ve lost count of the number of times the medical bureaucracy has told us not to put our hopes in “snake oil” or natural remedies.  And yet, we now know that China began pushing Vitamin C in their military as soon as this outbreak occurred.  I’ve sent myself articles on the effectiveness of Vitamins C and D3 in combating this virus, or at least, in showing how those most badly affected by the disease were low in those vitamins (see for example this study, this post, and this study).

Next up, what we did with the elderly will go down as one of the most inhumane things every done to people in American history.  We should have sent them home to be with loved ones, or if they couldn’t, sent them out on field trips into the sun and given them vitamins.  Instead, we sent more diagnosed patients to live among them.

Finally, the number of deaths in America from cancer, suicide and other diseases that haven’t been treated while we’ve been locked down will far outnumber the deaths from this virus when all is said and done, and that, after the economy has been utterly smashed on the rocks, rendering a brand new sector of Americans in poverty after working their entire lives to build small businesses.

Again, virtually everything the medical bureaucracy has done has been ass backwards.  Most of them deserve to be frog marched into the city square and put in stocks.  Sadly, many of them aren’t political appointees and cannot be fired.  They are lifers in the FedGov or StateGov, those seeming repositories of incompetence and malfeasance.


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