Well, looks like it worked on the usual suckers.
Wilner and others come out and say CU was one of the biggest advocates for a season, and that UCLA and Stanford were also in favor, and this fringe blog site says the exact opposite? Also makes claim that Utah to the Big 12 and SC independent? Yeah, not buying it
Thank you!!!
Going into week four of a regular college football seasonwhere would we be, without Dear Leader. No, seriously, where would be be?
Unnecessary (late-night) Legal Analysis:
As to being legally overbroad, my lawfirm and I have been working on analyzing these new regulations. It’s wonderfully complicated, and frankly no one has set forth a solid basis for going after them yet. I’ve read a bunch of crappy attempts.
Under every Constitutional doctrine, Equal Protection, Procedural/Substantive Due Process, Contract Clause, Takings, etc., these sorts of “regulations” (viewed as within the “police powers”) are only subject to “rational basis” review by the courts: highly deferential. In other words, is the regulation rationally based at solving a harm or protecting a class of people?
In some of these cases, there may be a separation/abuse of powers argument, as it is not a law or regulation passed the legislature but an edict from a part of the executive branch; hard to find that perfect fact pattern, though.
I have yet to find a case on point that provides a doctrine or standard to clearly overturn any of them, except attempts to stay certain actions by the judicial branch, which have been mostly abandoned on their own eventually.
This is a fascinating new area of law, because it draws on some of our oldest law, which has become ripe again so quickly. Everyday a different lawfirm is filing a different approach to attack these regulations.
Many of the regulations seem reasonable and appropriate, but not all, obviously. The strange part is our current inability to separate the good from the bad pursuant to any Constitutional doctrines, either federal or state.
Some Judge will take a flyer, no doubt. I don’t see it making it past the first appellate step, though.
End of unnecessary evening brain dump. Thank you for your time and (hopefully) you just skipped this post.
Over. You taking action?What's the over/under on the number of games that CU ends up playing this season.
I'm going to say three.
With the experts saying the virus is going to start ramping up when it gets closer to November. There is NO way that this team plays seven games.
Sorry but using Sweden as a model for not taking steps to control the virus is an utter fail.Boulder County knows better than Sweden
*fewerThanks for the insight. I concur with your thoughts. State power over health, safety and welfare is very broad and it is a 14 day order, which I'm not sure will even get litigated in time. I'm sure someone will take a flyer at it. I think that the problem/solution is probably political, not necessarily legal. I am a bit shocked at Boulder's sweeping order, as compared to other places in Colorado, but that is what Boulder does. Although Polis cannot wipe it away, I am surprised that he is anywhere on board with it given that CU is the state's flagship university. I think on college football, pretty much the CA, WA and OR governors said we're making a go, so make it happen.
It is amazing that Boulder is sounding such an alarm and going to such lengths when the County has less cases and deaths than six other counties, including Weld or Larimer. I think countywide, there have only been about 10 deaths in the last 90-120 days. Although I concur with posters concerns about future medical complications, even taking those into account, I don't see the need for something so drastic. Denver is even taking an incremental approach. The order just seems like taking a sledge hammer to a circuit board (Boulder would probably say they are setting the example), when other options would probably do pretty well in stemming the virus. Gatherings of 2 or 4, so kids could at least go out for food... Permitting those kids who need to work to continue working. Permitting football when all of CU peers are plowing ahead. Just really shocked they did not try something incremental, especially since the healthcare system is not overwhelmed.
I live in the eastern part of the county and throughout the pandemic the City of Boulder has been much more scared and stressed about the virus from day 1. It is not just the politicians, but also the residents. There is a stark contrast when you shop at a grocery store in the City, as compared to the stores in Superior, Louisville or Lafayette.
They do.Boulder County knows better than Sweden
Going into week four of a regular college football season
Sweden does not wear masks, and people are allowed to gather in groups of up to 500. Something else is at play in Sweden's numbers, most likely the other things you touched on; mainly they trusted their people to do what was right, and they reduced their social contacts and gatherings voluntarily. Very strong sense of the collective in Scandinavian countries.Sorry but using Sweden as a model for not taking steps to control the virus is an utter fail.
No they didn't do the level of official mandates as other countries did but they did issue advisories and unlike those who are too scientifically illiterate or simply the sheep following the Trump flock the people listened.
If you were to go to Sweden (and they wouldn't let you in coming from the US) you would find that they have virtually 100% compliance with the prohibitions on large group gatherings (that for us would mean no football by the way.) They also have very close to 100% mask compliance and the people are very conscious of social distancing and of maintaining quarantine when they have any reason to suspect infections.
In short they have a highly homogeneous population which is both educated and socially compliant with the norms presented by the government and the experts.
And by the way their own health experts have stated that the pursuit of "herd immunity" was an abject failure and that had they known what they know now they would have been much more restrictive from the start.
I will repeat again so you can ignore it again but at least it is out there. Repeating something often enough in the Trump echo chamber does not make it scientifically valid. Only science and the scientific method can make a scientific statement valid.
Sweden currently is lower in C-19 impact than some of their neighbors but no it has zero to do with so called "herd immunity." If we could get the anti-maskers and others who are trying to make this about their political cult to comply like the Swedes are doing then our infection rates would be much lower as well.
Edit: tried to post gif of epic dunk.
Epic fail on my part.
Normally we would be calling for some AC's head right about now, so in order to add a bit of normalcy: FIRE NEINAS!Going into week four of a regular college football season
Everyone: “This play calling is so predictable. Where are the TEs??”Normally we would be calling for some AC's head right about now, so in order to add a bit of normalcy: FIRE NEINAS!
Throw beyond the sticks on 3rd down, is it that effin' hard?Everyone: “This play calling is so predictable. Where are the TEs??”
Me (probably): “Just wait until conference play. There will be new wrinkles and parts of the playbook Chev doesn’t want to show early on”
Actually group size is fifty and while the government did not require or even strongly recommend masks they are common even without the government recommendation.Sweden does not wear masks, and people are allowed to gather in groups of up to 500. Something else is at play in Sweden's numbers, most likely the other things you touched on; mainly they trusted their people to do what was right, and they reduced their social contacts and gatherings voluntarily. Very strong sense of the collective in Scandinavian countries.
https://medicalxpress.com/news/2020-08-sweden-bucks-trend-masks.html
.It also banned gatherings of more than 50 people and told people over 70 and in at-risk groups to self-isolate.
Otherwise, the population of 10 million was asked, rather than ordered, to respect physical distancing and work from home if possible, which it largely did. Shops, bars, restaurants and gyms stayed open and the wearing of masks has not so far been recommended
The approach came under fire at home and abroad earlier this year as the number of deaths soared. At 574, Sweden’s coronavirus toll per million inhabitants is more than five times higher than Denmark’s and 10 times that of Norway and Finland, but lower than some countries that imposed lockdowns, such as the UK, Spain and Italy.
Just wait till KD gets his players in the system and we will be firing on all cylinders. We need patience!Everyone: “This play calling is so predictable. Where are the TEs??”
Me (probably): “Just wait until conference play. There will be new wrinkles and parts of the playbook Chev doesn’t want to show early on”
I also would have accepted, "valuing freedom as a country."Going into week four of a regular college football season