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    • Testing idiocy, redux

      UPDATE (8/26): This should surprise exactly no one, but apparently upper levels of the Mafia Donald regime pushed for the change.  This is after all the same regime that scuttled an earlier testing plan in order to score political points against blue states.

       

      The CDC now recommends against testing asymptomatic people who have a known exposure:

      "If you have been in close contact (within 6 feet) of a person with a COVID-19 infection for at least 15 minutes but do not have symptoms:

      • You do not necessarily need a test unless you are a vulnerable individual or your health care provider or State or local public health officials recommend you take one.
        • A negative test does not mean you will not develop an infection from the close contact or contract an infection at a later time.
      • You should monitor yourself for symptoms. If you develop symptoms, you should evaluate yourself under the considerations set forth above.
      • You should strictly adhere to CDC mitigation protocols, especially if you are interacting with a vulnerable individual. You should adhere to CDC guidelines to protect vulnerable individuals with whom you live."

      Phew!  Because that would be really problematic advice if we were to find out, several months ago, that this is a really contagious disease, and that like a third of cases are asymptomatic!

    • A Deleuzian Undercurrent to “What is an Author” (part 5: Althusser’s Marx as instaurateur)

      By Gordon Hull

      The last couple of times (first, second), I have been setting up Althusser’s Marx as the background to Focuault’s invocation of Marx as an “instaurateur” in his “What is an Author.”  Today, I want to finish that project by noting three additional moments in Althusser’s reading that indicate that he is not treating Marx as an “Author,” at least not straightforwardly.   (a) Marx’s self-consciousness is irrelevant to the reading (“it is essential to avoid any concession tot the impression made on us by the Young Marx’s writings and any acceptance of his own consciousness of himself” (For Marx [=FM] 74).  (b) In accounting for Marx’s emergence in the context of German idealism, Althusser defers to Marx’s own account of why “this prodigious layer of ideology” existed at that time and place.  The reason – Germany was unable “either to realize national unity or bourgeois revolution” (FM 75) was basically exogenous to philosophy, but it made the subject position of German philosophers possible and intelligible.  (c) Althusser rejects any implication of a Romantic author thesis; even an author like Marx who invents new worlds “must have absolute necessity have prepared his intelligence in the old forms themselves” (FM 85).

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    • A Deleuzian Undercurrent to “What is an Author” (part 4: Althusserian ‘reading’ and ‘emergence’)

      By Gordon Hull

      Last time, I set up the context for reading Foucault’s remarks on Marx in “Author” in the context of Althusser, as well as some of the basic contours of the Althusserian anti-humanist Marx.  Here, I want to pursue that line further.  Althusser writes against the growing popularity of a humanist Marx, which is derived from Marx’s early writings.  Althusser (and his circle) want to read an anti-humanist Marx, which requires that the early writings be successfully contained.  At stake in this project is thus both a question of the content of Marx, but, perhaps even more importantly, a strategy for reading Marx.

      According to the Althusserian reading, Marx had a humanist phase that he abandoned as he reached theoretical maturity, a moment that Althusser calls – explicitly following Bachelard (For Marx, 32) – an “epistemological rupture.”  The turning point, on this argument, is found in the “Theses on Feuerbach” or German Ideology.  For a sense of how the argument works, consider Rancière’s contribution to Reading Capital, in which Rancière says he will be tracking “the passage from the ideological discourse of the young Marx to the scientific discourse of Capital.” (1973 Maspero edition, p. 8).

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    • Excess Mortality due to Covid

      An important part of the human cost of the Covid-19 pandemic is the loss of life and health not due directly to Covid cases, but to the disruptions it causes.  American hospitals have long worried about the decline in ER visits from cardiac patients, and drops in cancer diagnoses.  Presumably, those health problems haven't suddenly gotten better.  It's just that people aren't seeking (or are seeking but not getting) care for them.  So too, childhood vaccination rates are in decline globally, especially in developing countries, though evidence from Michigan suggests that is happening here in the U.S. too.

      And then there's the situation for places dealing with TB, HIV/AIDS and malaria.  Per the New York Times:

      "According to one estimate, a three-month lockdown across different parts of the world and a gradual return to normal over 10 months could result in an additional 6.3 million cases of tuberculosis and 1.4 million deaths from it. A six-month disruption of antiretroviral therapy may lead to more than 500,000 additional deaths from illnesses related to H.I.V., according to the W.H.O. Another model by the W.H.O. predicted that in the worst-case scenario, deaths from malaria could double to 770,000 per year.  Several public health experts, some close to tears, warned that if the current trends continue, the coronavirus is likely to set back years, perhaps decades, of painstaking progress against TB, H.I.V. and malaria."

      In the meantime, as of now, nearly 700,000 people have officially died of Covid.

       

    • A Deleuzian Undercurrent to Foucault’s “What is an Author?” (part 3: Excursus into Althusser)

      By Gordon Hull

      Back in Before Times, I wrote a couple of posts beginning to make the case for a Deleuzian influence behind Foucault’s “What is an Author” (part 1, part 2).  This post resumes that series… Recall that Foucault’s narrative in “Author” distinguishes between those who found a science, like Galileo, and those who are an “initiator [instaurateur]” of discourses.  Examples of the latter are Marx and Freud.  So let’s consider how the Foucault of the late 1960s reads Marx, given that he pretty much despises Marxism.  For example, in Order of Things, he worked hard to say that Marxism was not genuinely revolutionary:

      “At the deepest level of Western knowledge, Marxism introduced no real discontinuity; it found its place without difficulty, as a full, quiet, comfortable and, goodness knows, satisfying form for a time (its own), within an epistemological arrangement that welcomed it gladly (since it was this arrangement that was in fact making room for it) and that it, in return, had no intention of  disturbing and, above all, no power to modify, even one jot, since it rested entirely upon it. Marxism exists in nineteenth-century thought like a fish in water: that is, it is unable to breathe anywhere else. Though it is in opposition to the ‘bourgeois’ theories of economics, and though this opposition leads it to use the project of a radical reversal of History as a weapon against them, that conflict and that project nevertheless have as their condition of possibility, not the reworking of all History, but an event that any archaeology can situate with precision, and that prescribed simultaneously, and according to the same mode, both nineteenth-century bourgeois economics and nineteenth-century revolutionary economics. Their controversies may have stirred up a few waves and caused a few surface ripples; but they are no more than storms in a children’s paddling pool” (OT 285).

      On this reading, the 19th-century project is to merge humanism and history into one larger, utopian project: “History will cause man’s anthropological truth to spring forth in its stony immobility; calendar time will be able to continue; but it will be, as it were, void, for historicity will have been superimposed exactly upon the human essence” (OT 286).  It wasn’t until Nietzsche that this conceptual apparatus declined, as he “made it glow into brightness again for the last time by setting fire to it” (OT 286).

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    • No, Really: Justice Roberts cares about law

      UPDATE: With a note on the Roberts concurrence at the end

      Justice Roberts sided with the Court's liberals today in a (somewhat surprising, and really important) 5-4 decision by Justice Breyer striking down a Texas abortion law nearly identical to one the Court struck down in 2016.  Justice Roberts is not a fan of abortion.  But he is a fan of the law!  Today, he basically joined in a smackdown of the ultra-conservative 5th Circuit, which forgot that it was an appellate court, and not a trial court.  Justice Breyer writes:

      “The Court of Appeals agreed with the District Court’s interpretation of the standards we have said apply to regulations  on  abortion.    It  thought,  however,  that  the  District  Court  was  mistaken  on  the  facts.    We  disagree.   We  have  examined the extensive record carefully and conclude that it supports the District Court’s findings of fact.  Those findings mirror those made in Whole Woman’s Health [the 2016 case] in every relevant  respect  and  require  the  same  result.  We  consequently hold that the Louisiana statute is unconstitutional.” (op. slip, 3)

      Yes, but before we get there, let’s remember that the job of the Court of Appeals is not actually to disagree about facts when it doesn’t like a precedent.  Breyer begins with a review session on what Court is supposed to do what:

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    • Title VII Protects LGBTQ Individuals!

      UPDATE: First, I'm being loose with terminology here – "originalism" specifically refers to a theory of Constitutional interpretation; what Gorsuch et al are advocating is "textualism" (for statutory construction).  The distinction between public meaning and expected application is important in the originalism debate – but I think it's clearly at work in the debate here.  Second, Andrew Koppelman's commentary here is worth reading on the different ways of understanding the plain meaning of a text.

      Up until today, if your boss wanted to fire you for begin gay or trans, you had no recourse in federal law – so unless your state happened to protect you, you had no recourse at all.  Today, the Supreme Court issued a landmark ruling in Bostock v. Clayton County that not only hands the LBGTQ community a huge, huge set of legal protections, it does so in a straightforward way.  And the opinion was authored by Justice Gorsuch and joined by Roberts.

      Gorsuch delivers a seminar on originalism.  Does Title VII prohibit discrimination against trans and homosexual individuals? Well, let’s see what it says.  It says that it prohibits discrimination because of sex.  What does “sex” mean here?  Well, according to the public meaning (more on this in a sec.) of the term when the law was enacted, it means “status as either male or female [as] determined by reproductive biology” (op. slip, 5).  Ok.  You can’t discriminate “because of sex.”  What does “because of” mean?  It establishes a but-for causality.  Gorsuch goes on to explain that an event can have multiple but-for causes, which means that sex need only be a necessary part of the decision.  As he puts it, “when it comes to Title VII, the adoption of the traditional but-for causation standard means a defendant cannot avoid liability just by citing some other factor that contributed to its challenged employment decision. So long as the plaintiff’s sex was one but-for cause of that decision, that is enough to trigger the law.” (6).  Gorsuch notes that this is sweeping, and “Congress could have taken a more parsimonious approach” (6).  But they didn’t.  He proceeds to similarly characterize discrimination.

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    • On the intersection of masks and racist policing

      Black men have to decide whether the risk of being harassed and profiled by police for wearing a mask is greater than the risk of contracting Covid for not wearing one.

    • Covid-19 Came to the U.S. later than we thought

      Research into the spread of Covid-19 continues, with an important new preprint by Michael Woroby et al up today (tl;dr see the writeup in Stat News).  The standard narrative about the arrival of Covid-19 in the U.S. is that a patient arrived in Seattle, WA from Wuhan on January 15th.  He felt ill, and aware of CDC messaging about a new virus circulating in Hubei, sought medical help.  On Jan. 19, he became the first confirmed case of Covid in the U.S. Then, a few weeks later on Feb. 24, another patient turned up with what appeared to be community spread.  Containment had failed.  Per Woroby:

      “On February 29th, 2020, a SARS-CoV-2 genome was reported from a second Washington State patient, ‘WA2’, whose virus had been sampled on February 24th as part of a community surveillance study of respiratory viruses. The report’s authors calculated a high probability that WA2 was a direct descendent of WA1 [the first patient, from January], coming to the surprising conclusion that there had by that point already been six weeks of cryptic circulation of the virus in Washington State. The finding, described in a lengthy Twitter thread on February 29th, fundamentally altered the picture of the SARS-CoV-2 situation in the US, and seemed to show how the power of genomic epidemiology could be harnessed to uncover hidden epidemic dynamics and inform policy making in real time” (3, internal citations omitted). 

      Then there was more genetic sequencing, and it turned up a strange anomaly: the cases that appeared to stem from WA2 had mutated from WA1 in two places, and there was neither evidence of a transitional virus strain between them or of other infections in Washington whose genetic sequencing matched WA1.  Woroby et al then ran a computer simulation – 1000 times! – of the epidemic, seeding it with WA1.  The result was a surprise: “when we seeded the Washington outbreak simulations with WA1 on January 15th, 2020, we failed to observe a single simulated epidemic that has the characteristics of the real phylogeny” (7).  In other words, the narrative about the early spread in Washington is almost certainly wrong.  Patient WA1 was not the source, and the virus was not spreading covertly for weeks before emerging again in WA2.  Rather, the spread around WA1 was contained, and WA2 represented a new infection, and was either the source of the actual epidemic, or near it.  Specifically, the virus arrived a second time from Hubei, around Feb. 13 (95% probability between 2/7 and 2/19) (9).

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    • Testing Nonsense Redux

      Newplot

      As most folks know by now, there's two kinds of Covid tests.  One of them tests for whether you have the disease now.  The other tests for the presence of antibodies in your blood, indicating that you have had the disease at some point.  You might think that an outfit like, say, the CDC, would distinguish between them in its count of Covid-19 testing.  Alas, you'd be wrong, as The Atlantic reported today.  Why would the CDC (and Georgia, Texas, and some other states) do this?  Well, it lets you (a) claim to be doing a lot more testing for current infections than you currently are (because the addition of antibody tests to the viral tests drives up the total number of "tests"), and (b) will drive down the percentage of positive test results (because a small number of people have the antibodies, generally a much smaller number than test positive in most places in the U.S., especially those that conduct relatively few viral tests).

      And if you do massive numbers of tests with low percent positive, then those annoying scientists say you can reopen sooner!  It puts you on the good green side of charts like the one above (source), not the bad yellow one.

      Trump has been in office too long not to assume that this is the work of Trumpian political operatives and not CDC scientists, at least until proven otherwise.  Trump himself is obviously too stupid and incurious to know the difference between the testing types, but like Henry II, he makes it clear enough what he would like to see happen.  And that's lots of tests, lots of opening, and lots of loyal servants who translate his impulses into "reality."