The exception of the Majority Rule.

There is a book out that claims the Burger Court was a conservative court and lead the way to the current conservative judges. Wrong. Some of their decisions could have been conservative, however, most of their social decisions were more reformist than not. 

If the Burger court lead to the conservative court of today, it was because for 18 years Warren Burger scared the living guts out of the right-wing. It was definitely a reformist court whereby CIVIL RIGHTS MATTERED. 

Earl Warren’s successor, (click here) Warren Burger, a native of Minnesota, had been a judge of the Court of Appeals for the District of Columbia Circuit for more than a decade. He became Chief Justice in 1969.

One of the most famous of the Court’s rulings involving the conflict between religious freedom and state public schools came under Chief Justice Burger in 1972. It resulted in a victory for three Amish families in rural Wisconsin who were testing the guarantee of religious freedom. They had refused to send their children to public school beyond the eighth grade, asserting that modern secondary education was contrary to the Amish religion and a threat to their children’s salvation. "The Amish . . . have convincingly demonstrated the sincerity of their religious beliefs," said the Court, and the children were free, after completing elementary school, to follow the centuries-old tradition of learning at home.

When the Internal Revenue Service declared in 1970 that private schools discriminating against blacks could no longer claim tax-exempt status, the action went largely unnoticed by the public. In 1983, it became prime-time news when two religious schools having admission policies based on race sought to regain tax-favored status and the case reached the Supreme Court.

Counsel for Bob Jones University and Goldsboro Christian School argued that their policies were based on sincerely held religious beliefs. But the Court ruled that the First Amendment did not prevent denial of tax-favored status. Eliminating racial discrimination in education substantially outweighed any burden placed on the free exercise of religion, according to the eight-to-one majority....

Stare decisis. Questions?

410 U.S. 113 (click here)

93 S.Ct. 705

35 L.Ed.2d 147

Jane ROE, et al., Appellants,
v.
Henry WADE.

No. 70-18.

Argued Dec. 13, 1971.

Reargued Oct. 11, 1972.

Decided Jan. 22, 1973.

Rehearing Denied Feb. 26, 1973.

A pregnancy is a pregnancy is a pregnancy and sometimes they are unwanted. A fetus cannot sustain it's self outside the uterus and the uterus belongs to a woman. A woman is impacted by socio-economic dynamics that demand her to make decisions about her future and whether or not she is ready to be a mother and support herself and a child. 

It is time to end the hubris Federalist Society judges bring to their practice and end the victims always living in anxiety because of their gender and pregnancy and/or their gender and who they love.

Enough of this already, it is time for the Federalist Society to grow up. 

Coney-Barrett's approach to the USA Constitution is completely wrong and out in left field somewhere. Or is it right field? Whatever field she is in she is welcome to stay in it, but, just leave the people of the USA alone. She is not Supreme Court material, because of her prejudice which is considerable. I don't know of any judge in history that actively and openly sought to end the USA Constitution as we know it.

Baleen whales exist by consuming large amounts of algae and krill and plankton.

This is the statue of a Blue Whale in the New York Museum of Natural History. It is suspended from the ceiling. If the oceans continue to deteriorate as I believe they are currently, this is the only Blue Whale our children and grandchildren will understand it's existence.

You see, they aren't whaled anymore. At least they aren't supposed to be. If the Baleen Whales, the Blues, the Fins, the Seis, the Humpbacks and the Minke whales go extinct we may not be around to see it because they will have died from the lack of food in the oceans. If their form of food disappears there won't be enough oxygen to sustain human life. 

October 10, 2020
By Melanie Gray

It’s another dire warning (click here) on the coming extinction of whales, dolphins and porpoises — this one from hundreds of scientists calling for global action to protect the marine mammals.

In a letter, nearly 350 experts describe two species as on the “knife-edge” of extinction — the North Atlantic right whale and the vaquita, a porpoise in the Gulf of California — and express concern for more than half of the 90 living species.

Only a few hundred North Atlantic right whales remain and the number of vaquitas is down to 10, BBC News reported, citing the letter.

The scientists, who hail from 40 countries, blame the sorry state of the aquatic animals on a lack of political will — and call on countries to do more to stop pollution and overfishing. Boat equipment and nets kill 300,000 whales, dolphins and porpoises every year, the BBC reported.

Orthodox? Pope Francis doesn't discern the difference between an orthodox and a regular Catholic. There are just Catholics.

There are Greek Orthodox Catholics, but, all that is about whether or not they are under the structure of the Vatican. At one time there were schisms of Catholics that didn't abide under the authority of the Pope. I think most of that has resolved to the allegiance to the Pope. But, that is another topic. 

A justice's religion should never enter the picture in how they practice on the bench. Her faith doesn't bother me so much as her allegiance to the Federalist Society and their desire to see the USA as a flagship for Evangelicals. That is just wrong and victimizes a lot of Americans, including 51 percent of the population in the USA, women. That is a lot of victimization by a justice to the Supreme Court.

I find Coney-Barrett embarrassing. I have never read such hogwash by an academic that deliberately assaults the USA Constitution in order to get a permanent seat on the Supreme Court. She should not have demanded her memberships to an extremist club where they speak in tongues be removed. They will only go back up if she is confirmed. Why take them down? WHAT IS SHE HIDING?

Being Catholic is not an issue. Being a wacko is the issue.

September 27, 2020

By Matthew Brown

She has previously been criticized by some (click here) on the left for her religious views, with some liberal critics fearing that her beliefs would override her judicial impartiality.

Sen. Dick Durbin, D-Ill., a fellow Catholic, pressed Barrett on her use of the term "orthodox Catholic" in an article she co-wrote as a law student.

“I’m a product of 19 years of Catholic education. And every once in a while, Holy Mother the Church has not agreed with a vote of mine. And (she) has let me know,” Durbin told Barrett. “You use a term in that article — or you both use a term in that article — I’d never seen before. You refer to 'orthodox Catholics.' What’s an orthodox Catholic?" Durbin asked.

Barrett acknowledged it was "an imperfect term" after which Durbin asked Barrett if she considered herself an orthodox Catholic.

"If you're asking whether I take my faith seriously and I'm a faithful Catholic, I am," Barrett responded. "Although I would stress that my personal church affiliation or my religious belief would not bear in the discharge of my duties as a judge."

There are commercials that come up during the playing of this film. Just skip them as they arise.

 You'll have to forgive me, but, I just can't let this go by. There may be a commercial that comes up that is Tom Tillis making the argument that marriage fidelity is the reason he should be re-elected. It doesn't come more corrupt than Tillis, but, alas a man dressed in clothing from the 1950s walking hand in hand with his wife is supposed to erase all his sins including his votes ending the ACA and his anticipated vote for Comey-Barrett corrupting the Supreme Court vote to destroy the ACA/Obamacare. Really? It is a good laugh if it comes up with this video.

The film speaks to the distress being found in Earth's oceans. In my opinion, the oceans are losing their fisheries. I think the fisheries are failing and causing widespread famine within the biological balance of the oceans. Orcas see fishing vessels as a competitor of their food source. Yes, they are that smart.

Thomas and Alito

Last week the two associate justices let it slip, quite intentionally, that they didn't like the ruling on same sex marriage (click here). They have been fantasizing about the Minority Rule becoming Majority Rule. I think with Comey-Barrett on the court the five so-called conservative justices other than Roberts will rule together on every case to turn the USA into a banana republic. They actually are planning on infusing their particular belief systems into law. It will become a theocracy. And why? Because they believe Christians should have a nation that only upholds Chrisitan values and the USA is the nation they most covet. 

Minority Rule over taking Majority Rule and turning the USA Constitution into the Bible. 

Freedom of religion is also freedom from religion. The USA recognizes all of it's citizens and not just the 70 percent Christians.

See, the Federalist Society judges, with the exception of the Chief Justice, believes 70 percent is the majority of the USA population are Christians, therefore, the Majority Rule. That simpleton idea is as stupid and wrong as it comes. Under these judges, the USA will become Iran when it comes to women and children. It will be the most stupid precedent that will exist until it is legislated otherwise.

To be clear, 70 percent of the USA population that are Christians do so because the USA Constitution allows it. That does not mean their religion is the official religion of the USA and all Supreme Court decisions hinge on it. 

That is what this is. Judicial malpractice. Nowhere in the USA Consitution does it assign Christian morality to every aspect of the culture or society of the USA. Actually, it is the complete opposite when it comes to liberty and freedom. The Federalist Society judges are overthrowing the USA Constitution and making it into their own little theocracy.

The properties of water.

January 14, 2020
By Yasemin Saplakoglu

Our planet's oceans (click here) are warmer than they've ever been in recorded human history. And ocean temperatures are not only increasing, they are heating up at an accelerating rate, according to a new analysis.

In 2019, the ocean temperature was about 0.135 degrees Fahrenheit (0.075 degrees Celsius) higher than the average between 1981 and 2010, an international group of researchers reported on Jan. 13 in the journal Advances in Atmospheric Sciences.

That means that the ocean — which absorbs almost all of the greenhouse gases humans spew into the atmosphere — has taken in 228 sextillian (228,000,000,000,000,000,000,000) joules of heat above its average, according to a statement. By comparison, the energy released by the Hiroshima atom-bomb explosion was about 63,000,000,000,000 Joules....

Part of my credentials includes Marine Botany, which includes things like algae. One of the interesting things about Earth is that is uses it's huge oceans to produce oxygen. Yep, from the little critters I studied. What is common with those oxygen-producing critters is that they only live in the TOP 30 FEET of ocean water. Yep. Why one might ask. Because they are plants and critters that use chlorophyll as their basis of life and light doesn't penetrate deep enough to find these lovely little darlings at depth. Where is it getting the hottest? That's right, sea surface.

Hold that thought, more to come.

Ocean Temperature and Chlorophyll (click here)

What is language without a clear understanding to it's words.

Linguistics is the complete set of meaningful units in a language.

Lexicon is the vocabulary of a person, language, or branch of knowledge.

The words in the USA Consitution are fixed. They can't be changed in meaning because a judge or set of judges decides they can finally provide the Federalist Society with their dream come true.

Last week I introduced the idea of Majority Rule and Minority Rule. In those two concepts is our democracy which technically is a democratic republic. Democratic because everyone votes. The vote is obviously still the power of the people because the Republicans are chronically attempting to gerrymander it and/or suppress it or even remove it from influence. The republic comes into the picture because those votes are not direct votes, they are converted into a powerful use of government in elected representatives. The representative, regardless of office, is part of the republic where bills are passed into law.

The USA is a paradox. It is a government of, by, and for the people as stated in the USA Constitution. But, it is also a place where each citizen receives justice, is allowed to lives in a society of peace/tranquility, is ideally free from harm within their own persons and property while enjoying liberty.

Liberty is where the radicals get confused about the real meaning of the rule of law. Liberty is being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. Liberty in regards to health means an American will have a maximum chance to have complete and absolute health. When it comes to ending a virus attempting to kill or maim every human being and quite possibly every living thing on Earth, complete and absolute freedom does not exist and that is the rule of law.

But, as to the paradox. What if a group of people wanted to make the Minority Rule the Majority Rule? What would that look like? It would look like the Federalist Society. 

The Drought Map is not different from September 29, 2020.

Dought Monitor (click here)

The fact the drought is not moving to resolution is not good news. The longer a drought persists, the worse it gets. Below is the Drought Monitor from October 5, 2010. The country has huge problems.

Preclusion is the barring of evidence, testimony, etc. from a trial.

In this Article, (click here) I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis often functions inflexibly in the federal courts, particularly in the courts of appeals. I claim that in its rigid application - when it effectively forecloses a litigant from meaningfully urging error - correction - stare decisis unconstitutionally deprives a litigant of the right to a hearing on the merits of her claims. To avoid the due-process problem, I suggest that courts render stare decisis more flexible; specifically, I propose that courts remove rules - like, for example, the rule that one appellate panel cannot overrule another - that create nearly insurmountable barriers to error - correction. stare decisis, precedent, preclusion, due process, estoppel

She has some kind of cahonies if she is going to attempt to change Due Process which is defined THE SAME WAY twice in two separate amendments. She likes to play god, the all-knowing.

Coney-Barrett wants to ASSAULT the USA Constitution as if it was written wrong. People on the right often feel as though there is too much wiggle room in the laws of the country. That of course is their concern when it comes to crime, but, of course, money is a citizen and never able to commit crime. There is a prejudice in the way Comey-Barrett ASSAULTS the USA Consitution and it stems form the complaints of the right-wing of the party. That is what the Federalist Society judges chronically contend with, "When you get to the bench make sure you straighen out the wayward practices of those that legislate from the bench."

Due Process (click here)

The Constitution (click here) states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures. Most of this essay concerns that promise. We should briefly note, however, three other uses that these words have had in American constitutional law....

At a time in our history when the country is profoundly seeking to change systemic racism, Comey-Barrett wants to use her slimy ideas to alter the meaning of the USA Consitution.

The West is on fire still.

October 11, 2020
By Danielle Chavira

Rain and snow have made their way to the Mullen and Cameron Peak Fires burning on either side of the Colorado-Wyoming state line. Meteorologists at the Mullen Fire say the northwestern corner of the fire line started seeing snow at 9 a.m. on Sunday.

The weather system will move across the region into the early afternoon. Weather experts expect between 1/2 of an inch for parts Colorado and up to 2 inches in higher elevations in Wyoming....

...The Cameron Peak Fire now sits at 134,559 acres and is 47% contained. The fire is about 3,000 acres away from moving into the spot of the second largest wildfire in Colorado state history — overtaking the Hayman Fire in 2002....

Coney - Barrett's dislike of stare disis is more of Trump's banana republic.

The Constitution (click here) contains 4,543 words, including the signatures and has four sheets, 28-3/4 inches by 23-5/8 inches each. It contains 7,591 words including the 27 amendments.

Courts cite to stare decisis (click here) when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” In practice, the Supreme Court will usually defer to its previous decisions even if the soundness of the decision is in doubt. A benefit of this rigidity is that a court need not continuously reevaluate the legal underpinnings of past decisions and accepted doctrines. Moreover, proponents argue that the predictability afforded by the doctrine helps clarify constitutional rights for the public. Other commentators point out that courts and society only realize these benefits when decisions are published and made available. Thus, some scholars assert that stare decisis is harder to justify in cases involving secret opinions.

The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. A court engages in vertical stare decisis when it applies precedent from a higher court. Consequently, stare decisis discourages litigating established precedents, and thus, reduces spending....

It's Sunday Night 

Meeting the stunning Judge Tanya Acker (click here)

I had the pleasure (click here) to interview Judge Tanya Acker. From the top of her class at Yale Law School to working with the Supreme Court and President Clinton as an avid fighter for women and minorities, Tanya Acker now shares her legal mind on the Emmy nominated CBS hit show HOT BENCH, and we would love to have her share her unique perspectives as your go-to expert on current news headlines, or arrange an interview to share her inspiring success story....

 "Don't Judge Me" by Chris Brown (click here for official website - thank you)

I don't wanna go there
We should never go there
Why you wanna go there
I guess I gotta go there
You're hearing rumors about me
And you can't stomach the thought
Of someone touching my body
When you so close to my heart
I won't deny what they saying
Because most of it is true
But it was all before I fell for you

So please babe
So please don't judge me
And I won't judge you
'Cause it could get ugly
Before it gets beautiful
Please don't judge me
And I won't judge you
And if you love me
Then let it be beautiful
Let it be beautifu-u-ul , let it be beautiful
Let it be beautifu-u-ul , let it be beautiful

Everything I say right now
Is gonna be use in another fight
And I've been through this so many times
Can we change the subject
You gonna start asking me questions like:
"Was she attractive, was she an actress ?"
Baby the fact is, you're hearing rumours about me
And saw some pictures online
Saying things, they got you so angry
Making you wish you were mine
Before we start talking crazy
Saying some things we'll regret
Can we just slow it down and press reset

You're beautiful
So babe
So please don't judge me
And I won't judge you
'Cause it could get ugly
Before it gets beautiful
Please don't judge me
And I won't judge you
And if you love me
Then let it be beautiful

Just let the past
Just be the past
And focus on things
That are gonna make us laugh
Take me as I am, not who I was
I'll promise I'll be, the one that you can trust

So please
So please don't judge me
And I won't judge you
'Cause it could get ugly
Before it gets beautiful
So please don't judge me
And I won't judge you
And if you love me
Then let it be beautiful
Let it be beautifu-u-ul , let it be
Let it be beautifu-u-ul , aye let it be beautiful, yeah yeah yeah

I don't wanna go there baby
We should never go there

George Floyd's America

The Washington Post (click here) is running a six-part series on the reality that shapes African American communities. It appears to be a documentary on George Floyd's life and his remarkable impact on the community where he lived. He was a hero to many.

The First Part: "Born with two strikes" (click here) How systemic racism shaped Floyd's life and hobbled his ambition. 

From the first part, it looks very well done. This is probably the beginning of documentaries and books that will bring him to life for a country needing to understand oppression.

India and China are still flexing muscles along the border.

India is moving into it's border region as it never has before. It is important to push back against raw aggression by China.

October 7, 2020

By Anjana Pasriche 

The Atal tunnel (click here) will enable India to rapidly deploy troops and equipment to Ladakh. Straddling the India-China border, the cold desert of Ladakh in northern India has emerged as a flashpoint while both countries spar over their disputed frontier.

"Taking care of the needs of those who protect our country is one of the main priorities of this government," Indian Prime Minister Narendra Modi said while inaugurating the tunnel Saturday.

The world’s longest high-altitude tunnel is part of a network of roads India is racing to build in challenging mountainous terrain to improve connectivity to its Himalayan border with China, large stretches of which are still disputed.

The rapid construction of border infrastructure, according to analysts, is also one of the reasons increasing tensions with Beijing as the most serious military confrontation in decades between the Asian rivals drags into its sixth month.

While many of the projects like the Atal tunnel took years to complete, India is now redoubling efforts to expedite other border roads, bridges and high-altitude airstrips....

There is a continuing diplomatic effort. But, the major change in the region is the movement within India to take care of it's borders. I find that a wonderful development that will lead to protecting the people of India. The fact members of the military leadership were killed, is no small matter and the leadership in India are taking measures to be sure it isn't repeated.

11 October 2020

By Elizabeth Roche

New Delhi - India and China (click here) will sit down for the seventh round of military talks on Monday in another attempt to work out steps to preserve an uneasy truce amid unprecedented tensions on the border between the two countries.

According to analysts, expectations of a “breakthrough" were low with doubts over what could constitute a “breakthrough in the current circumstances, seen as a state of unprecedented tensions in decades. The thinking in some quarters was that a “breakthrough" would mean a restoration of status quo ante – ie China vacate the areas the People’s Liberation Army (PLA) intruded into in May. Another view in New Delhi was that a restoration of status quo would mean India move back from some strategic positions it had taken in Ladakh on the banks of the Pangoing Tso lake surprising the Chinese....

Extending the tax credit...

 ....to anyone also displaced by the pandemic.

Joe Biden is proposing a $15,000 tax credit to first time home buyers for all the best reasons. He wants Americans to begin the American Dream and it happens with home ownership. I think what may be necessary is to extend that tax credit to anyone that has been foreclosed during the pandemic. A new job and a new home.

The Republicans want to disrupt the country.

There has been a disruption of about 20 percent of Americans since March. That means they don’t have jobs and have moved into different ones with most likely relocation of the family. Or they are displaced into multiple family living and upended their family to different residency and schools, or they are destitute and homeless. 

July 6, 2020

By D'Vera Cohen

Millions of Americans (click here) relocated this year because of the COVID-19 outbreak, moving out of college dorms that abruptly closed, communities they perceive as unsafe or housing they can no longer afford. Overall, around one-in-five U.S. adults (22%) say they either changed their residence due to the pandemic or know someone who did, according to a new Pew Research Center survey.

Among those surveyed in early June, 3% say they themselves moved permanently or temporarily due to the coronavirus pandemic, and 6% say someone moved into their household because of it. (Some had more than one of these things happen.) An additional 14% of those who did not personally experience relocation say they know someone else who moved....

That is the real reason for ending any payments to the people. It has nothing to do with the national debt and deficit. The Trump Republicans have ridiculously increased the national debt.

Refusing to pass a bill to help the country is voter suppression.

When we embarked (click here) on this project more than a year ago, we could have never predicted its salience today. As the COVID-19 pandemic swept across the United States, it rapidly became clear that we would release this report at a time when millions of Americans are without jobs and at risk of losing their housing. This report became more than a way to document historic housing loss, but a tool municipal leaders could use to better understand pandemic-related housing loss in their own communities....

...An Aspen Institute report released in August predicts that 30 to 40 million people are at risk of being evicted by the end of 2020, to say nothing of foreclosures.

As we write, more than a quarter of Americans and 43 percent of renting families have reported that they cannot pay their rent or mortgage. This, combined with 51 percent of U.S. households reporting that at least one person in their household has lost employment income due to COVID-19, does not bode well for the millions of already struggling households. In 2019, the Global Property Rights Index found that 13 percent of Americans were housing insecure. Looking at the U.S. Census Bureau’s Housing Pulse Survey, we know that housing insecurity has roughly doubled this year—a staggering increase....

Oddly though, the foreclosure rates have been highest in the Southeast USA.

US Department of Treasury has been foreclosing since the moratorium ended.

October 2020 Auctions (click here)

1404 N. Highway 190, Covington, Louisiana 70433

LAND WITH DWELLING (click here) Aerial View of Property: Single family home located on a 0.55 ± acre lot that is zoned HC-3 Commercial. The lot has 121 feet of frontage along N. Hwy 190 in a mixed-use area with retail stores, restaurants, and other commercial development. The dwelling on the property has 3 bedrooms, 2 baths, kitchen, living room, office space, 2-car carport, and workshop. Per the stated Terms of Sale, this property is sold AS IS WHERE IS WITH ALL FAULTS including any building violations for the building as a whole that may apply (including but not limited to fines and penalties).

Herd Immunity doesn't work.

The more SARS-CoV-2 is exposed to human beings the more likely it will mutate. I think we have seen some of this already. The point is that the disease is deadly and ideology that embraces herd immunity only makes the virus stronger through mutation. 

There is nothing scientists need to know about viruses and how they work. No one needs to prophesize about it.

...The time scale varies (click here) for different viruses; it may range from 8 hrs (e.g., poliovirus) to more than 72 hrs....

Viruses are opportunistic. They do not thrive alone, they have to have a host. Every 8 to 72 hours there is an opportunity to mutate and become stronger. The more exposure the virus has to it's host the more opportunity. The USA has a highly diversified genome that can teach the virus new tricks. Prevention will eliminate it from Earth. This will not disappear without a coordinated effort.

                                                                                                        

September 11, 2020
By Kelly Malcomb

Is it possible to have COVID-19 (click here) more than once within a short period of time? Two recent reports, one out of Hong Kong and one in a patient in Reno, Nevada, have many scratching their heads—and wondering what the cases mean for the future of the pandemic. While the cases are interesting, Michigan Medicine’s Adam Lauring, M.D., Ph.D., associate professor of microbiology and immunology and infectious disease, says they aren’t cause for panic.

“Just because something happens, doesn’t mean it happens a lot,” he says. In fact, he explains, this could also occur just as frequently with other viruses without anyone noticing, because those viruses are not under the intense level of worldwide scrutiny that SARS-CoV-2—the virus behind COVID-19—currently is.

The Hong Kong case, which was summarized in the journal Clinical Infectious Diseases, was picked up during a routine screening at the Hong Kong border, and the man did not exhibit symptoms. The Nevada reinfection case report has not yet been peer reviewed.

Reinfection is a matter of the body’s immune response and the evolution of the virus itself, notes Lauring. If these patients’ initial immune responses to their first infection weren’t robust enough, they could be susceptible to getting infected again....