Public Participation as a Privilege for the Immune? LPE on COVID-19 (vol. 5)

This post is part of our ongoing coverage of the COVID-19 Crisis from an LPE Perspective.

Sam Hull–

As the COVID-19 pandemic continues, debate has begun over when and how to restart society. Some proposals, such as those that call for seniors to sacrifice themselves for the good of “the economy,” expose the inherent inhumanity of those who valorize profits above all else.

Others have explored how to reinstate economic activity without abandoning public health considerations. German researchers have proposed the issuance of “immunity passports,” whereby workers who have already had COVID-19 and developed antibodies “could be issued with a kind of vaccination pass that would for example allow them to [be] exempted from restrictions on their activity.” Italian politicians across the political spectrum have adopted the idea, and the White House coronavirus task force is reportedly discussing it.

Even absent such policies, there is also the possibility that businesses (i.e. “the market”) could impose similar restrictions on their own employees. Worries about insurance payments, higher sick days, and potential shutdowns should an employee contract the virus might lead employers to restrict hiring to those who can prove immunity. And perhaps to fire those who cannot.

What to make of these possibilities?

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Gender Equality as Social Reproduction Infrastructure

Julie Suk —

On May 30, 2018 the Illinois legislature voted to ratify the ERA. Thirty-seven states have now ratified the sex equality amendment to the U.S. Constitution, just one state shy of the three-quarters required by Article V to validly amend the Constitution. Legal commentary following this news is primarily focused on questions about the amendment’s legitimacy, such as the status of post-deadline ratifications and attempted rescissions, the constitutionality of ratification deadlines for amendments, and the validity of legislation eliminating the deadline. But it is equally important to contemplate how the ERA could change the political economy of gender inequality. It can be more than a symbol that locks in the sex discrimination law we already have. We can take some inspiration from feminist constitutionalism around the world to imagine a twenty-first century ERA that catalyzes new gender-equal infrastructures, particularly for biological and social reproduction, compatible with a sustainable and more humane political economy.

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