STATE OF MINNESOTA, Respondent, vs. Kim Marie Tate, Appellant.
A21-0359
STATE OF MINNESOTA IN SUPREME COURT
Filed: February 8, 2023
Court of Appeals. Chutich, J. Dissenting, Thissen, J.
Keith Ellison, Attorney General, Lydia Villalva Lijó, Assistant Attorney General, Saint Paul, Minnesota; and
Brian W. McDonald, Becker County Attorney, Detroit Lakes, Minnesota, for respondent.
Cathryn Middlebrook, Chief Appellate Public Defender, Richard Schmitz, Assistant State Public Defender, Saint Paul, Minnesota, for appellant.
S Y L L A B U
- The two-part test set forth in Maryland v. Craig, 497 U.S. 836 (1990), applies to determine whether a defendant’s right to confrontation under the
Sixth Amendment of the United States Constitution andArticle I, Section 6, of the Minnesota Constitution has been violated when a witness testifies during trial by use of live, two-way, remote video technology. - The defendant’s right to confrontation under the federal and state constitutions was not violated when the district court permitted one witness to testify using live, two-way, remote video technology during a jury trial because the remote testimony was necessary under the circumstances then presented by the COVID-19 pandemic, and the testimony was sufficiently reliable.
Affirmed.
O P I N I O N
CHUTICH, Justice.
The issue raised by this case is whether a criminal defendant’s right to confrontation under the
We hold that Maryland v. Craig, 497 U.S. 836 (1990), sets forth the appropriate test to assess whether a Confrontation Clause violation under the federal or state constitutions has occurred. Applying that test to the circumstances presented here, we conclude that Tate’s right to confrontation was not violated when the district court allowed one of the State’s witnesses to testify via Zoom because the remote testimony was necessary under the circumstances then presented by the COVID-19 pandemic, and the testimony was sufficiently reliable. Accordingly, we affirm.
In March 2018, three law enforcement agents from the West Central Minnesota Drug and Violent Crimes Task Force—one lead investigator and two additional task-force agents—worked with a confidential informant to conduct a controlled buy of methamphetamine from appellant Kim Marie Tate. The task-force agents and lead investigator provided the confidential informant with an audio recording device to track the buy. They then conducted surveillance during the controlled buy while listening to the audio device’s live feed. After the sale, the confidential informant met with the agents and lead investigator to turn over the 1.265 grams of methamphetamine purchased from Tate. Respondent State of Minnesota charged Tate with third-degree sale of a controlled substance in violation of
After a series of delays—including four successful requests by Tate for a continuance of the trial—the trial was set for November 16–17, 2020. During this time, the nation was dealing with a second wave of high COVID-19 infection rates, vaccines were not yet available, and Minnesota set a grim new record of daily deaths from the virus.2 The state court system was then operating under a statewide order governing criminal jury trials, requiring district courts to comply with the Minnesota Judicial Branch’s COVID-19 Preparedness Plan. Operations of the Minnesota Judicial Branch Under Emergency Executive Order Nos. 20-53, 20-56, No. ADM20-8001, Order at 2 (Minn. filed May 15, 2020).
Four days before trial, the lead investigator on the case was exposed to COVID-19 and advised by public health officials to quarantine.3 The State asked the district court to allow the lead investigator to testify via Zoom because his testimony was “fundamental” to its case. The district court held a pretrial hearing to consider the State’s request. Tate objected to the remote testimony. She contended that it would prejudice her case because remote testimony lessens the ability of the jury to observe witness demeanor and the ability of the court to monitor whether a witness is using impermissible materials during the witness’s testimony. Tate asked the district court to continue the trial instead.
The district court granted the State’s request to allow the lead investigator to testify via Zoom. The court emphasized its concern for “the safety of anyone who will be in the courtroom” during the jury trial and their potential for exposure to COVID-19. Acknowledging that the “confrontation clause does reflect a preference for in-person testimony,” the district court stated that in-person confrontation is “not an absolute right.” The court found that the use of Zoom for live video conferencing testimony was an acceptable alternative to testifying in person under certain, exceptional circumstances. The district court reasoned that the “pandemic, even of itself” would likely qualify as a valid reason for remote testimony to ensure that a trial would “not expos[e] any attorneys or court staff or jurors to unnecessary risk of the disease spread[ing].”
I do want the largest possible screen available so jurors can view and actually see the witness while he is testifying, and if it takes longer to fully complete any cross-examination because of Zoom, we’ll take as much time as necessary to make sure the defendant’s rights for cross-examination are vindicated.
Before trial began, the district court entertained further argument on Tate’s motion for a continuance and whether remote testimony was permissible under the Confrontation Clause. The district court reiterated its concern that “the pandemic puts us into a different area as far as safety of court personnel.” The court stated, “I am not suggesting that the criminal backlog is in any way a reason for not observing constitutional rights, but I do think that the constitutional rights are protected in this matter.” The district court cited the risk of “exposure to court staff, jurors, lawyers, in bringing someone in that is known to have been in contact with someone, whether or not they do or don’t have symptoms.” In addition, the court noted that additional guidance may be issued from our court “on what type of trials are going to go forward, but as of today the rules haven’t changed.”
On the first day of trial, two task-force agents testified in person. Each agent testified about the standard task-force procedure to conduct a controlled buy and stated that the controlled buy in Tate’s case followed protocol. Before the buy, the confidential informant and his car were searched, and the agents then provided the informant with pre-documented cash and an audio transmitting-and-recording device. The agents testified that through that device and its live feed, they were able to monitor the entire controlled buy. After the sales transaction was completed, the agents again met with the confidential informant, collected the methamphetamine purchased from Tate, and searched the informant and his car.
An analyst from the Minnesota Bureau of Criminal Apprehension next testified in person. She confirmed that testing showed that the substance purchased from Tate was 1.265 grams of methamphetamine.
The lead investigator testified via Zoom the next day. The district court broadcast the testimony to the jury using a 65-inch screen. Before the lead investigator testified, the district court gave the jury the following cautionary instruction:
Our first witness today will be appearing on the video screen remotely. That is a result of the pandemic. But you are to judge the credibility just as a live witness with the factors that I had given you, and any other factors you believe bear on the credibility and weight; that that is to be considered live testimony, to be judged as you have been judging the credibility of any other witness that appears live.
Under oath, the lead investigator confirmed that he was alone and would only reference court-approved materials during his testimony. His testimony was primarily foundational and reconfirmed what the agents had already explained: the controlled buy of methamphetamine from Tate followed the standard procedure.4
During final jury instructions, the district court gave a cautionary instruction regarding COVID-19:
Throughout the trial, you have seen a number of safety precautions implemented in an effort to minimize the potential spread of COVID-19. Many of these steps may have made this process less comfortable or less convenient. However, you should not draw any inference from these procedures against the state or the defendant. The judicial branch enacted these precautions, and it is my responsibility to implement them in this courtroom for everyone’s safety.
The jury found Tate guilty. The district court imposed a stayed sentence of 21 months in prison and placed Tate on probation.
On appeal, Tate challenged the district court’s decision to allow the lead investigator to testify via Zoom. In a precedential opinion, the court of appeals affirmed. State v. Tate, 969 N.W.2d 378, 381 (Minn. App. 2022). Applying the analysis set forth in Maryland v. Craig, 497 U.S. 836 (1990), the court concluded that Tate’s right to confrontation was not violated when the district court allowed the lead investigator to testify via Zoom. Tate, 969 N.W.2d at 386–91. We granted Tate’s petition for review and now affirm the well-reasoned decision of the court of appeals.
ANALYSIS
The Confrontation Clause of the
We have never addressed a Confrontation Clause challenge under these unique circumstances—when one of the State’s five witnesses, in quarantine during a global pandemic, testified in a jury trial
I.
The United States Supreme Court has not yet addressed how witness testimony via live, two-way, remote video technology affects a defendant’s constitutional right to confrontation under the
Tate and the State generally agree that we should formally adopt and apply at least the first part (the necessity prong) of the two-part analysis set forth in Craig, although they disagree about the relevance of the second part of the test concerning reliability. We first summarize the two-part analysis in Craig and then evaluate whether that test is appropriate to apply to a Confrontation Clause challenge concerning live, two-way, remote video conferencing.
The first part of the test in Craig is that the lack of face-to-face confrontation must be “necessary to further an important public policy.” Id. To satisfy this part of the test, the necessity prong, the State must advance a valid and important public policy, and the district court must make a “case-specific” finding of necessity to excuse a witness from in-person testimony. Id. at 855. In Craig, the “state interest in protecting child witnesses from the trauma of testifying in a child abuse case” was deemed “sufficiently important to justify the use of a special procedure that permits a child witness . . . to testify at trial against a defendant in the absence of face-to-face confrontation . . . .” Id. Accordingly, the Court held that a child witness may testify via one-way, remote technology in a child abuse case without violating the Confrontation Clause as long as a trial court makes a case-specific finding of necessity.6 Id. at 860.
When evaluating the reliability of the testimony under the second part of the Craig test, the Supreme Court found it “significant” that, apart from a face-to-face confrontation, “Maryland’s procedure preserves all of the other elements of the confrontation right: The child witness must . . . testify under oath; the defendant retains full opportunity for
contemporaneous cross-examination; and the judge, jury, and defendant are able to view (albeit by video monitor) the demeanor (and body) of the witness as he or she testifies.” Craig, 497 U.S. at 851. The Court
The rationale set forth in Craig applies to witness testimony, whether by a child or an adult, taken by use of live, two-way, remote video technology like the type used here. Notably, nearly every jurisdiction that has addressed a defendant’s Confrontation Clause challenge to the use of two-way testimony using video conferencing—both before and during the COVID-19 pandemic—has applied the Craig test. See, e.g., In re Interest of C.A.R.A. v. Jackson Cnty. Juv. Off., 637 S.W.3d 50, 58–60 (Mo. 2022) (applying Craig to live, two-way, remote video testimony during the COVID-19 pandemic); State v. Comacho, 960 N.W.2d 739, 754–56 (Neb. 2021) (applying Craig to live, two-way, remote video testimony of a law enforcement officer during the COVID-19 pandemic); United States v. Carter, 907 F.3d 1199, 1206–08 (9th Cir. 2018) (applying Craig pre-pandemic to testimony of an adult witness by live, two-way, remote video); United States v. Yates, 438 F.3d 1307, 1313 (11th Cir. 2006) (en banc) (applying Craig pre-pandemic to testimony of adult witnesses by live, two-way, remote video); United States v. Bordeaux, 400 F.3d 548, 554 (8th Cir. 2005) (applying Craig pre-pandemic to testimony of a child witness by live, two-way, remote video). We agree that Craig is the appropriate test to assess a Confrontation Clause challenge to remote testimony, and we formally adopt it here.
Tate argues that we should rely only on the Craig necessity prong, and not consider the Craig reliability prong, because a later-decided Supreme Court case, Crawford v. Washington, 541 U.S. 36 (2004), has limited Craig’s viability.7 In Crawford, the Supreme Court overruled its decision in Ohio v. Roberts, 448 U.S. 56 (1980). In Roberts, the Court decided that admission of a hearsay statement did not violate the Confrontation Clause when a declarant was unavailable to testify if the statement contained “adequate indicia of reliability.” 448 U.S. at 66 (internal quotation marks omitted). Tate asserts that because much of the Supreme Court’s reasoning and support for the reliability prong in Craig came from Roberts, the Supreme Court’s decision to overturn Roberts in Crawford has completely undermined the reliability prong. According to Tate, other courts have recognized this impact on the reliability prong and now exclusively rely on the necessity prong when applying Craig post-Crawford. See, e.g., In re Interest of C.A.R.A., 637 S.W.3d at 62–63. Tate contends that we must do the same.
The State argues that Craig remains good law and urges us to apply each factor of the test—necessity and reliability—under
We agree with the State for several reasons. First, “only the Supreme Court may overrule one of its own decisions.” State v. Brist, 812 N.W.2d 51, 56 (Minn. 2012) (holding that a Supreme Court decision casting doubt on a previous opinion’s reasoning is different from overruling the prior opinion’s holding). Even acknowledging that Crawford casts some doubt on the reasoning underlying the reliability prong of the Craig test, we note that Crawford did not overrule Craig. In fact, the majority in Crawford does not mention Craig in its analysis. Because the Supreme Court has not exercised its exclusive prerogative of overruling its own decision, it follows that Craig, in its entirety, remains good law. See Brist, 812 N.W.2d at 57 (holding, under the same reasoning, that a different Supreme Court Confrontation Clause case, Bourjaily v. United States, 483 U.S. 171 (1987), remained good law post-Crawford).
Moreover, Crawford does not undermine the holding of Craig because the cases address different Confrontation Clause issues. Crawford discussed whether the Confrontation Clause is violated by the admission at trial of a testimonial out-of-court statement. Crawford, 541 U.S. at 68. Before such a hearsay statement is admissible, Crawford held that the witness must be unavailable and the defendant must have had a prior opportunity for cross-examination. Id. at 68–69. Crawford simply did not address the face-to-face aspect of confrontation and whether other key elements of confrontation, including a full, virtual cross-examination, can satisfy a defendant’s right to confrontation under certain narrow circumstances.
In addition, Tate’s argument that we should examine only the necessity prong of the Craig test is unpersuasive. She relies on several cases to assert that post-Crawford, courts only consider Craig’s necessity prong. See, e.g., Carter, 907 F.3d at 1202 (concluding that a witness’s travel limitations because of a problematic pregnancy in the seventh month was a temporary disability and insufficient to meet the necessity prong); Yates, 438 F.3d at 1316 (concluding that the government did not establish necessity when it could depose overseas witnesses who refused to travel to the United States). But in those cases, the district courts failed adequately to consider the necessity prong, making a determination of the reliability of the testimony unnecessary.
In re Interest of C.A.R.A. provides a good example of when reliability was not examined. In that case, the Missouri Supreme Court applied Craig during the COVID-19 pandemic to assess a defendant’s challenge to remote testimony in a child sexual abuse case. In re Interest of C.A.R.A., 637 S.W.3d at 64–66. There, the testimony of every state witness—the child victim, her mother, and her babysitter—was presented using remote video conferencing. Id. at 54. The Missouri Supreme Court found a violation of the Confrontation Clause because the district court failed to determine whether it was necessary to have every witness testify remotely. Id. at 66. The supreme court did not even discuss whether the testimony was reliable because the case hinged on the necessity for the remote testimony. Id. Accordingly, Tate’s reliance on In re Interest of C.A.R.A. is misplaced.
Finally, the State correctly emphasizes the need to apply each prong of the Craig test robustly. To ignore the reliability
Accordingly, we hold that the Craig two-part test is the proper constitutional test to determine whether a witness can testify outside of a defendant’s physical presence by live, two-way, remote video conferencing without violating the defendant’s right to confrontation.
II.
Applying the Craig two-part test here, we conclude that the State has shown that, under the specific circumstances of this trial, the lead investigator’s remote testimony was necessary to advance an important public policy interest, and that his testimony was reliable. See Craig, 497 U.S. at 850.
A.
Turning to the first prong of necessity, Craig instructs us that a valid public policy interest must be narrowly defined, and that necessity requires specificity. Id. at 848–50, 857–58. General public policy concerns by themselves are insufficient. Coy, 487 U.S. at 1021. The district court must find that the specific circumstances surrounding a specific witness warrant denying the right to face-to-face confrontation. Craig, 497 U.S. at 850, 855. The State bears the burden to make an adequate showing of necessity. Id. at 855.
Here, when evaluating the need for the district court to allow the remote testimony of one witness, we must consider that this jury trial occurred in November 2020, during the second deadly wave of a “global health emergency.” State v. Paige, 977 N.W.2d 829, 840 (Minn. 2022). The judicial branch was then operating under uncertain and ever-changing circumstances relating to the global COVID-19 pandemic. Minnesota’s Governor had first declared the pandemic to be a peacetime emergency in March 2020.
The November 12, 2020, Emergency Order explained in stark detail the harms that Minnesotans were then experiencing because of the COVID-19 pandemic:
From November 3 to November 6, Minnesota reported four straight days of
record daily COVID-19 cases. Two days later, Minnesota set another state
record of 5,908 new cases. Yesterday, we lost 56 Minnesotans to COVID-19, setting a grim new record for deaths reported in a single day. This surge has placed our hospitals under immense strain. Intensive Care Units are on the verge of dangerous capacity shortages in many areas of the state. Minnesota has had over 194,000 confirmed COVID-19 cases, with over 12,000 hospitalizations and over 2,700 fatalities. We have continued to learn more about COVID-19’s propensity to spread rapidly throughout our communities—both rural and urban—and continued action is necessary to mitigate its impacts.
The Minnesota court system was also in flux when Tate’s trial was held. Shortly after the Governor’s first emergency order, the Chief Justice suspended in-person hearings and all jury trials, directing cases to be managed via remote technology. Continuing Operations of the Courts of the State of Minnesota Under a Statewide Peacetime Declaration of Emergency, No. ADM20-8001, Order at 3–6 (Minn. filed Mar. 20, 2020). In a May order, the Chief Justice approved a pilot program to begin in June 2020, to determine whether jury trials could be safely held. Continuing Operations of the Minnesota Judicial Branch Under Emergency Executive Order 20-48, No. ADM20-8001, Order at 2 (Minn. filed May 1, 2020). The pilot program, later expanded to the entire state, required courts to conform with the Minnesota Judicial Branch’s COVID-19 Preparedness Plan to ensure the safety of all participating in court proceedings. Operations of the Minnesota Judicial Branch Under Emergency Executive Order Nos. 20-53, 20-56, No. ADM20-8001, Order at 2 (Minn. filed May 15, 2020) (requiring, among other safety precautions, mask-wearing and physical distance). Only 4 days after Tate’s trial concluded, the Chief Justice ordered that no new jury trials would begin before February 1, 2021, citing, among other reasons, an alarming increase in COVID-19 cases across the state. Continuing Operations of the Minnesota Judicial Branch, No. ADM20-8001, Order at 2 (Minn. filed Nov. 20, 2020).9
Given this extraordinary context of courts trying to administer justice safely during a virulent and deadly outbreak of disease, the district court correctly found that a valid public policy interest was furthered by the use of remote testimony for this one witness. The transcripts make it clear that the district court understood that jury trials in the state “are to continue” and acted accordingly to protect “the safety of anyone who will be in the courtroom” by reducing the “unnecessary risk of the disease spread.” Here, the lead investigator had been exposed to a person who had tested positive for COVID-19 and was advised by public health officials to quarantine. With this exposure, the witness was particularly susceptible to becoming ill, and his physical presence in the courtroom would have risked the health and safety of everyone participating in a confined courtroom setting.
At this stage of the pandemic, vaccines were not yet available to protect those in the courtroom,10 including a number of jurors whom the record showed to be at
determination that the lead investigator’s absence from the courtroom and remote testimony was necessary to further the important public policy of preventing the spread of COVID-19 while safely conducting a criminal trial.
In sum, we hold that the necessity prong was met under these specific circumstances. We emphasize that Tate’s trial was held during an uncertain, critical time of the pandemic when knowledge regarding COVID-19’s spread and treatment was much more limited than today, and when emergency orders were still in effect to limit public interaction and exposure to the virus. The district court in November 2020 was operating under vastly different circumstances than those facing courts today. The decision to allow one of the State’s five witnesses—and one of the three task-force agents who were present for the controlled buy—to testify remotely to protect the health and safety of others during Tate’s trial was therefore proper.
Tate contends that the State cannot show that remote testimony was necessary when the district court could simply have granted a short continuance until the lead investigator became available. In Craig, the Supreme Court addressed the use of less restrictive alternatives than the one-way closed-circuit television procedure at issue there. 497 U.S. at 859–60. The Court noted that the decision of the court of appeals—which concluded that the finding of necessity to justify remote testimony was not met—appeared to rest in part upon the district court’s failure to consider such alternatives. Id. Although the Supreme Court recognized that “such evidentiary requirements could strengthen the grounds for use of protective measures,” the Court “decline[d] to establish, as a matter of federal constitutional law, any such categorical evidentiary prerequisites for the use of the one-way television procedure.” Id. at 860.
Accordingly, we decline to hold that the granting of a continuance—a matter typically entrusted to the discretion of the district court11—is required before a district court may order the use of live, two-way, remote video testimony in a criminal trial. Decisions to allow remote testimony must be evaluated on a case-by-case basis, see Craig, 497 U.S. at 855, and the possibility of a continuance does not necessarily undercut a showing of necessity.
We do not think the possibility of a continuance undercut the State’s showing of necessity here. The district court did consider Tate’s motion for a fifth trial continuance but did so in the context of the global pandemic in November 2020. Although a two-week continuance might sound reasonable in present circumstances, when the district court decided the issue, it knew from the Governor’s extension of the emergency order—issued only 4 days before trial started—that COVID-19
continuation of jury trials. To add to the uncertainty, the district court did not know whether the lead investigator exposed to the virus would get sick, how sick he would become if infected or how long it would be until he could appear in person, and whether, in the meantime, anyone else involved in the trial would get sick, leading to additional continuances. In short, unlike other cases when a district court could predict an end date, see, e.g., Carter, 907 F.3d at 1208 (concluding that the temporary disability of a problematic pregnancy in the seventh month did not meet Craig‘s necessity test), the court here did not know when the unpredictable COVID-19 crisis would ameliorate or end.
Consequently, we conclude that the first Craig prong is satisfied. The State has met its burden to show that the use of live, two-way, remote video technology by one of its witnesses was necessary to advance an important public policy.
B.
Turning next to Craig‘s reliability prong, we conclude that this second factor is satisfied here as well. Testimony is generally reliable under the Confrontation Clause if a witness testifies in the physical presence of the defendant, is sworn under oath, is subject to cross-examination, and can be properly observed by the trier of fact. Craig, 497 U.S. at 845–46. Physical presence may be excused, however, if the court preserves “all of the other elements of the confrontation right: . . . . oath, cross-examination, and observation of the witness’ demeanor.” Id. at 851.
The district court‘s order met every reliability element identified in Craig other than physical presence in the courtroom. The lead investigator was sworn in under oath. After he was sworn in, the district court confirmed that the lead investigator was alone during his testimony and was not relying on anything besides court-approved materials. The judge, jury, and counsel were able to see, hear, and observe the lead investigator‘s demeanor during his testimony. The district court required “the largest screen available” (a 65-inch screen) for the remote testimony and confirmed that the technology worked beforehand. Defense counsel also confirmed that the lead investigator could see and hear him before counsel began cross-examination. Although some subtle intricacies of the witness‘s demeanor may have been lost because the lead investigator was not physically in court, the jury, counsel, the court, and the defendant could see his face with reasonable clarity and had the opportunity to assess his manner when testifying. See, e.g., Comacho, 960 N.W.2d at 756 (stating that Comacho, his counsel, and the jury could observe the witness‘s demeanor “as he testified in real time“).
More importantly, defense counsel had ample opportunity to cross-examine the lead investigator, and the transcript shows that he conducted an effective cross-examination. Even though the lead investigator had some trouble seeing a portion of a lab report, his testimony reflected the point that defense counsel intended to make—that he had not submitted the evidence for fingerprinting or DNA analysis. Accordingly, the reliability of his testimony was assessed “by testing in the crucible of cross-examination.” Crawford, 541 U.S. at 61. Overall, the district court took sufficient steps to ensure the
In sum, applying Craig‘s two-part test here, we conclude that Tate‘s right to confrontation under the federal and state constitutions was not violated when the district court permitted one witness to testify using live, two-way, remote video technology during a jury trial because the remote testimony was necessary under the circumstances then presented by the COVID-19 pandemic, and the testimony was sufficiently reliable.13
CONCLUSION
For the foregoing reasons, we affirm the decision of the court of appeals and uphold Tate‘s conviction.
Affirmed.
D I S S E N T
THISSEN, Justice (dissenting).
COVID-19 is not a universal justification for ignoring a criminal defendant‘s constitutional rights. I dissent from the court‘s decision because the use of remote testimony was not necessary to avoid the risks presented by the COVID-19 pandemic. The district court could have granted a continuance and avoided those risks. Accordingly, I would reverse.
A.
As the court observes, the Confrontation Clause generally “guarantees the defendant a face-to-face meeting with witnesses appearing before the trier of fact.” Coy v. Iowa, 487 U.S. 1012, 1016–17 (1988). The United States Supreme Court has described several reasons physical face-to-face confrontation is so important. It gives the accused:
[A]n opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.
Maryland v. Craig, 497 U.S. 836, 845 (1990) (quoting Mattox v. United States, 156 U.S. 237, 242–43 (1895)). In addition, the Supreme Court has noted the importance of a witness looking a defendant in the eye when he testifies because “[i]t is always more difficult to tell a lie about a person ‘to his face’ than ‘behind his back.’ ” Coy, 487 U.S. at 1019. And “there is something deep in human nature that regards face-to-face
I agree with the court that the standard stated in Craig is the proper standard for assessing whether the district court may constitutionally “dispense with” the Sixth Amendment right to confrontation and allow a “fundamental” State witness (as the State itself described the investigator) to testify remotely rather than in-person. See id. Because physical, face-to-face confrontation serves such essential functions in our criminal justice system, Craig instructs that the constitutional guarantee of in-person testimony may be denied ”only where denial of such confrontation is necessary to further an important public policy.”1 Id. (emphasis added). That “only” is important and should not be ignored. It is an acknowledgment that we are dealing with a constitutional right and not merely with a convenience; this case is not about whether the district court abused its discretion. If there is another way besides remote testimony to serve the identified public policy interest, then a district court cannot constitutionally jettison physical, face-to-face confrontation.
In this case, the important public policy was keeping jurors, court staff, witnesses, and the parties and their attorneys safe from the risk of COVID-19 infection and to interrupt spread of the disease. And I agree that protecting trial participants from the health risks associated with COVID-19 is an important public policy.
I disagree, however, that suspending Tate‘s constitutional right to confrontation was necessary to avoid those health risks. A continuance would have readily avoided those same health risks.2 Indeed, no one
The only reason suggested in the record for the district court‘s refusal to grant a continuance instead of suspending Tate‘s constitutional confrontation right was the court‘s interest in keeping the case moving. Indeed, the district court suggested as much, stating in the discussion of the continuance request that “trials are to continue” and “the jury is ready to go.”3 While that is certainly an understandable instinct, it is not a sufficient reason to dispense with the constitutional right to confrontation. Accordingly, the deep concern expressed by the court that Tate‘s trial might be postponed indefinitely is beside the point.
Further, the concern about indefinite delay is not sufficient because it is based on conjecture and speculation. All we know from the record is that the investigator had been exposed to COVID-19. He very well may have been ready to testify in person a week or two later—a period of time the majority concludes “sounds reasonable.” There is no evidence he was—or ever became—infected with COVID-19. And even if the investigator had contracted COVID-19, the most likely outcome is that he would have been ready to testify within a few weeks. Of course, during that time, other witnesses, lawyers, or parties may have become sick. But again, that is pure conjecture. More critically, the chance that, if a case is continued, another witness may become unavailable for some reason at the time of the rescheduled trial is something that is true in every case and not just in the midst of a COVID-19 pandemic. Moreover, when the decision was made to proceed to trial, the district court did not know whether Minnesota courts would put criminal trials on hold since that decision was not made until after the trial ended.
It cannot be that an accused‘s constitutional rights can be ignored on the basis of conjecture and speculation. See Watson v. Memphis, 373 U.S. 526, 536 (1963) (stating that constitutional rights cannot be ignored based on “personal speculations or vague disquietudes“); see also F.C.C. v. League of Women Voters of California, 468 U.S. 364, 399 (1984) (stating that First Amendment rights cannot be denied “on the basis of merely speculative fears“). But that is precisely what the court‘s unpredictable-end-date rule, and its application to the facts of this case, allows. Further, we cannot throw out the basic constitutional principles by which our criminal justice system operates simply by invoking the word “COVID.” I am concerned that the court‘s willingness to rely on speculation and conjecture opens up a
B.
I also conclude that the denial of Tate‘s Sixth Amendment right to confrontation was not harmless beyond a reasonable doubt. See State v. Caulfield, 722 N.W.2d 304, 314 (Minn. 2006) (stating that where a Confrontation Clause violation is shown, reversal is mandatory unless the error is harmless beyond a reasonable doubt). The question we must decide when assessing whether a constitutional violation is harmless is not whether the jury would have convicted without the error, but rather whether the jury‘s decision was “surely unattributable” to the error. State v. Juarez, 572 N.W.2d 286, 292 (Minn. 1997).
We have identified nonexclusive factors that we may consider in assessing whether the jury‘s decision was surely unattributable to a Confrontation Clause violation:
[I]n applying the harmless-error-beyond-a-reasonable-doubt standard, we have found the error to be harmless only where several factors weigh in that direction: the evidence was presented in a manner that did not give it significant focus; the state did not dwell on it in opening and closing statements or in examining witnesses; the evidence was not highly persuasive but was circumstantial. In those cases, the harmless error conclusion has been reinforced by the strength of the evidence of guilt. But we do not have a single case applying the constitutional harmless error analysis where we have held that the strength of the evidence of guilt controls even though the other factors weigh in favor of prejudicial error.
Caulfield, 722 N.W.2d at 317. The evidence of guilt must be overwhelming before an error will be found harmless beyond a reasonable doubt. Id. at 316–17. But even in cases involving overwhelming evidence, an error may still be prejudicial beyond a reasonable doubt. Id.
In addition, when a Confrontation Clause violation is being reviewed for harmless error, we cannot consider “whether the witness’ testimony would have been unchanged, or the jury‘s assessment unaltered” had the witness testified live rather than remotely. Coy, 487 U.S. at 1021–22. In other words, questions like whether a witness testifying in high-resolution on a big-screen television allowed the jury to assess the witness in the same way as if the witness were testifying in person—whether technology makes remote “just like live“—is irrelevant to the harmless error analysis. Rather, harmlessness must be assessed without any consideration of the investigator‘s testimony. See id.
Here, the decision to allow the investigator to testify remotely was not harmless beyond a reasonable doubt. The investigator was a critical witness. Indeed, the State itself told the district court that the investigator‘s testimony “is fundamental to the State‘s case.”
The testimony of the investigator was presented in a way that was designed to secure the State‘s verdict. There were only a handful of witnesses; the investigator‘s testimony was not lost in a plethora of evidence. The investigator‘s testimony was presented in a way (including, ironically, the fact that the witness was the sole witness to testify remotely), that gave the testimony particular focus. And the investigator was the final law enforcement officer witness before closing arguments (the confidential informant and a witness for Tate testified after the investigator).
That is not to say that other evidence and witnesses were not as important to the
Moreover, a key argument of Tate at trial was that the informant never, in fact, purchased drugs from Tate but rather that the informant carried the drugs with him to the buy. Accordingly, the testimony of the investigator, who was an integral part of setting up the controlled buy, was critical and highly persuasive. His was the only direct testimony concerning certain aspects of ensuring the informant was not manipulating the controlled buy set up. As noted, in assessing the harmfulness of the error, we must exclude this testimony. If we do so, the State‘s rebuttal of Tate‘s defense is significantly weakened.
The prosecutor must have thought that the investigator‘s testimony was critical as well. The prosecutor relied heavily in closing, and spent a substantial portion of closing, on the testimony of “law enforcement” about the careful process they undertook to conduct the controlled buy. The jury plainly understood that the investigator was part of “law enforcement” that the prosecutor repeatedly referenced.
In short, the investigator‘s testimony was presented in a manner that sharply directed the jury‘s focus on the testimony; the State dwelled on the investigator‘s testimony in closing statements and the timing and nature of the investigator‘s testimony drew more attention to it; the State itself characterized the witness as “fundamental“; and the evidence was the only direct testimony—and highly persuasive testimony—on a critical disputed fact. And, especially in the absence of the investigator‘s testimony, the evidence against Tate was not overwhelming. See generally Caulfield, 722 N.W.2d at 317–18.
On these facts, I cannot conclude that the jury‘s verdict was “surely unattributable” to the district court‘s denial of Tate‘s Sixth Amendment right to confront her accusers. I would reverse.
April 22, 2020
After two pet cats in separate areas of New York state test positive for the SARS-CoV-2 virus, CDC recommends that people restrict their pets’ interactions with other people or animals outside their household to prevent the spread of COVID-19.
April 23, 2020
Using funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, CDC announces $631 million to fund and expand the existing Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases (ELC), allowing state health departments to expand their capacity for the testing, contact tracing, and containment of COVID-19.
April 24, 2020
Georgia, Alaska, and Oklahoma begin to partially reopen their states despite concerns from health experts saying it was too early to reopen.
April 26, 2020
Clinicians in the U.S. and U.K. report clusters of children and adolescents requiring admission to intensive care units (ICUs) with a multisystem inflammatory condition that can lead to multiorgan failure— similar to Kawasaki disease and toxic shock syndrome. This condition will
April 28, 2020
Polls show that many people in the U.S., particularly those ages under 30 years or making less than $40,000 per year, plan to defer medical care because of the cost of treatment due to the lack of insurance or being underinsured, potentially leading to the further spread of COVID-19, the under-reporting of case numbers, and excess deaths from COVID-19 and other preventable diseases.
April 30, 2020
The Trump Administration launches Operation Warp Speed, an initiative to produce a vaccine against the SARS-CoV-2 virus as quickly as possible. The operation funds the development of six promising vaccine candidates while they are still in the clinical trial phase, including the Pfizer-BioNTech and Moderna mRNA vaccines.
Since mid-March 2020, more than 26.5 million people in the U.S. have filed for unemployment, increasing the number of people without health insurance amid a pandemic.
Mid 2020
May 1, 2020
FDA issues an emergency use authorization (EUA) for the use of the antiviral drug Remdesivir for the treatment of suspected or confirmed COVID-19 in people who are hospitalized with severe disease.
CDC develops the “PPE Burn Rate Calculator,” a spreadsheet-based model made to help healthcare facilities plan and optimize the use of personal protective equipment or PPE for the COVID-19 response and publishes it on the Apple and Android App stores.
CDC launches the SARS-CoV-2 Sequencing for Public Health Emergency Response, Epidemiology and Surveillance (SPHERES), a national network to provide real-time genomic sequencing data to public health response teams investigating COVID-19 cases, allowing them to track the SARS-CoV-2 virus as it evolves.
As some countries discuss re-opening, WHO convenes the International Health Regulation Emergency Committee for a third time and declares that the global COVID-19 pandemic remains a Public Health Emergency of International Concern (PHEIC).
May 8, 2020
The Associated Press reports that top White House officials blocked a CDC document “Guidance for Implementing the Opening Up America Again Framework” that included detailed advice on how to safely reopen the country.
FDA authorizes the first COVID-19 test with the option of using home-collected saliva samples.
May 9, 2020
The unemployment rate in the U.S. is 14.7%— the highest since the Great Depression. With 20.5 million people out of work, the hospitality, leisure, and healthcare industries take the greatest hits overall, affecting essential workers, people with lower incomes, and racial and ethnic minority workers disproportionately.
May 11, 2020
President Trump holds a briefing in the White House Rose Garden to claim that anyone who wants to get a coronavirus test can get one and encourages businesses around the country to reopen. He does not wear a mask.
May 12, 2020
Dr. Anthony Fauci, the Director of the National Institute of Allergy and Infectious Diseases (NIAID), testifies before the U.S. Senate that experts believe more people have died from COVID-19 than have been officially reported and warns against “re-opening” too quickly.
May 15, 2020
New estimates from a University of Michigan study revise the survival rate for people with COVID-19 who are put on a ventilator from as low as 10% - 12% to
CDC‘s Chief Health Equity Officer officially joins CDC‘s COVID-19 response. This is the first time in the agency‘s history that a senior leader within the incident management structure has the sole purpose of advocating for greater health equity across an entire emergency response.
CDC distributes a warning for clinicians through the Health Alert Network describing Multisystem Inflammatory Syndrome in Children (MIS-C), a serious inflammatory condition that affects children with current or recent COVID-19 infections.
May 18, 2020
HHS awards states, territories, and local jurisdictions $11 billion in new funding to support testing for COVID-19: CDC will provide $10.25 billion to states, territories, and local jurisdictions through CDC‘s Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases (ELC) and the Indian Health Service (IHS) will provide $750 million to IHS, tribal, and urban Indian health programs to expand testing capacity.
Navajo Nation now has the highest COVID-19 infection rate per capita in the U.S.
May 21, 2020
AstraZeneca receives more than $1 billion from the U.S. government in funding for the development of the AstraZeneca/Oxford University COVID-19 vaccine, with the first doses due to arrive in September 2020.
May 22, 2020
The Lancet publishes a large study showing that COVID-19 patients who received the anti-malaria drug hydroxychloroquine die at higher rates and experience more cardiac complications than COVID-19 patients who do not receive the drug. This study will shortly be retracted due to data misuse, but multiple other studies have since shown that hydroxychloroquine is neither harmful nor beneficial in the treatment of COVID-19.
May 26, 2020
Navajo officials implement a series of mitigation efforts including extended weekend lockdowns, curfews, stay-at-home orders, masking, and checkpoints, as younger generations of Navajo begin to launch grassroots social media campaigns like “Protect the Sacred” to provide health information and help defend their people and cultural heritage from COVID-19— the Navajo become a model for implementing a unified pandemic response.
May 28, 2020
The recorded death toll from COVID-19 in the U.S. surpasses 100,000.
June 4, 2020
HHS announces new laboratory date reporting guidance for COVID-19 testing to include demographic data on race, ethnicity, age, and sex.
The Lancet and the New England Journal of Medicine retract the two publications that halted global trials of the antimalarial drug hydroxychloroquine for the treatment of COVID-19 after investigations found inconsistencies in the data.
June 8, 2020
The World Bank states that the COVID-19 pandemic will plunge the global economy into the worst recession since World War II.
June 10, 2020
The number of confirmed COVID-19 cases in the U.S. surpasses 2 million.
June 13, 2020
CDC releases consolidated guidelines for COVID-19 testing— including for nursing homes, long-term care facilities, and high-density critical infrastructure workplaces, like food production facilities.
June 15, 2020
FDA rescinds the EUA that allowed hydroxychloroquine sulfate and chloroquine phosphate products to be donated to the Strategic National Stockpile for the treatment of COVID-19.
June 16, 2020
HHS announces that COVID-19 vaccines will be provided free of charge to older adults and
June 18, 2020
WHO halts its trial of hydroxychloroquine after a large, randomized study conducted in the U.K. found that the drug had no apparent effect on mortality when treating COVID-19.
June 22, 2020
The journal Science Translational Medicine releases a study suggesting that as many as 80% of the Americans who sought care for flu-like illnesses in March 2020 were likely infected with undetected COVID-19.
June 24, 2020
Three weeks after Black Lives Matter protests broke out across the country in the wake of the deaths of George Floyd and Breonna Taylor, data from 300 of the largest U.S. cities found no evidence of a COVID-19 spike in the weeks following the beginning of the protests— researchers determined that social distancing behaviors went up as people tried to avoid the protests.
June 25, 2020
CDC expands the list of people at increased risk for severe COVID-19 illness by removing the specific age threshold, instead noting that risk increases with age. CDC also includes people experiencing chronic kidney disease, COPD, obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and those who are immunocompromised from solid organ transplants.
June 29, 2020
Despite its development and clinical trials being supported by as much as $6.5 billion in public funds, Gilead Sciences sets the price of Remdesivir, an anti-viral used to treat COVID-19 that can shorten hospital stays and reduce the need for mechanical ventilation, at $3,120 for one typical treatment course ($520 per vial) for insured patients in the U.S.
June 30, 2020
Dr. Anthony Fauci warns a Senate committee that the number of new COVID-19 cases in the U.S. could soon rise from 40,000 to 100,000 new infections every day, likely overwhelming an already burdened healthcare system.
July 6, 2020
More than 200 scientists sign an open letter asking WHO to update its COVID-19 guidelines to include warnings about airborne transmission.
July 7, 2020
The number of confirmed COVID-19 cases in the U.S. surpasses 3 million.
The U.S. begins the process of withdrawing from WHO.
July 9, 2020
WHO announces that the SARS-CoV-2 virus that causes COVID-19 can be transmitted through the air and is likely being spread by asymptomatic individuals.
July 14, 2020
CDC again calls on all people to wear cloth face masks when leaving their homes to prevent the spread of COVID-19, calling masks “a critical tool in the fight against COVID-19.”
Florida, Texas, Oklahoma, Mississippi, North Carolina, South Carolina, and Georgia have both the greatest percentage of adults who are currently uninsured and the highest numbers of new COVID-19 cases.
July 15, 2020
A mandate from the Trump Administration directs hospitals nationwide to stop sending critical information about COVID-19 hospitalization rates and equipment availability to CDC and instead report this data to a new system set up by HHS using a private contractor, raising concerns over the politicization of public health, data, and privacy.
July 16, 2020
Many states, including California, Michigan, and Indiana postpone re-opening plans as COVID-19 case numbers rise.
The U.S. reports a record number of COVID-19 infections in a single day, with 75,600 new cases reported.
CDC extends the no sail order for all cruise ships through September 30,
July 22, 2020
The Department of Defense (DOD) and HHS reach a deal with Pfizer BioNTech for the delivery and distribution of 100 million doses of the Pfizer BioNTech COVID-19 vaccine candidate in December 2020, upon confirmation that the vaccine is safe and effective.
Antibody data examined by CDC shows that there were about 10 times more SARS-CoV-2 infections than first reported in March 2020 - May 2020 (depending on the region, there were 6 to 24 times more cases than were initially reported).
July 23, 2020
CDC releases resources for school administrators, teachers, parents, guardians, and caregivers to help build appropriate public health strategies to slow the spread of COVID-19 in a school environment.
August 4, 2020
A study finds that more than 50% of all people living in rural areas in the U.S. have no intensive care unit (ICU) beds available (only 3% of the communities with higher incomes had no ICU beds). High rates of COVID-19 infections, chronic health conditions, limited testing, and inadequate access to healthcare could all lead to significant COVID-19 mortality among people living in rural communities.
August 11, 2020
The Trump Administration agrees to pay $1.5 billion, or $15 per-dose, to Moderna for 100 million doses of COVID-19 vaccine.
August 12, 2020
Obesity is found to increase the risk of mortality from COVID-19 disease, especially among men and younger people— even when isolated from racial, ethnic, or socioeconomic disparities.
August 14, 2020
CDC reports results from a representative panel survey on mental health conducted among adults across the U.S. in June of 2020: 41% of responders reported struggling with mental health and 11% had seriously considered suicide recently. Essential workers, unpaid caregivers, young adults, and racial and ethnic minority groups were found to be at higher risk for experiencing mental health struggles, with 31% of unpaid caregivers reporting considering suicide.
CDC releases data indicating that most COVID-19 positive people are infectious to others for up to 10 days after symptoms first appear, but that individuals with severe illness or who are immunocompromised may be infectious for up to 20 days.
August 15, 2020
FDA issues an EUA to the Yale School of Public Health for its rapid diagnostic test for COVID-19 SalivaDirect. The test uses a new and more flexible method of containing and processing saliva samples when testing for COVID-19, allowing laboratories to increase capacity and efficiency in testing.
August 17, 2020
COVID-19 becomes the 3rd leading cause of death in the U.S. Deaths from COVID-19 now exceed 1,000 per day and nationwide cases exceed 5.4 million.
August 19, 2020
After CDC studies show that American Indians and Alaska Natives are among the racial and ethnic minority group at higher risk for severe COVID-19 outcomes, CDC provides more that $200 million in COVID-19 funding to Indian Country.
August 22, 2020
A study published by the Journal of the American Medical Association calls into question the clinical benefits of the anti-viral drug Remdesivir being used to treat patients hospitalized with COVID-19.
August 23, 2020
FDA issues an EUA for use of convalescent plasma (the liquid component of blood that, when taken from someone who has recently recovered from an infection, can contain antibodies to that illness) to treat people hospitalized with severe COVID-19.
The first documented case of COVID-19 reinfection is confirmed by the University of Hong Kong.
August 26, 2020
FDA issues an EUA for Abbott‘s BinaxNOW Covid-19 Test Kit— a rapid antigen test that can detect a COVID-19 infection in 15 minutes using the same technology as a flu test.
August 28, 2020
The first documented case of COVID-19 reinfection in the U.S. is confirmed by the Nevada State Public Health Laboratory.
Late 2020
September 1, 2020
The U.S. and China decline to join the COVID-19 Vaccine Global Access Facility, or COVAX, a global program spearheaded by WHO that aims to develop and distribute COVID-19 vaccines worldwide— more than 170 other nations sign on.
September 3, 2020
The Journal of the American Medical Association and WHO now recommend the use of steroids for the treatment of severe COVID-19 disease after multiple studies find that steroids like dexamethasone, hydrocortisone, and methylprednisolone— a group of cheap and widely available drugs that reduce inflammation and immune response— can reduce mortality in severe cases of COVID-19 by up to 36%.
September 11, 2020
CDC releases data in a Morbidity and Mortality Weekly Report (MMWR) showing that because of concerns about COVID-19, an estimated 41% of U.S. adults had delayed or avoided seeking medical care, including urgent or emergency care. Unpaid caregivers for adults, people with underlying medical conditions, Black adults, non-White Hispanic adults, young adults, and people with disabilities are the most affected.
September 14, 2020
CDC ends the symptom-based COVID-19 screenings of air travelers from China (including Hong Kong and Macau), Iran, the Schengen area of Europe (26 European countries that have officially abolished all passport and all other types of border control at their mutual borders), and the U.K., citing limited effectiveness due to asymptomatic spread.
Pfizer BioNTech expands phase 3 clinical trials of its COVID-19 vaccine to 44,000 participants— increasing the trial population diversity to include adolescents as young as 16 years and people with chronic, stable HIV, hepatitis C, or hepatitis B infections. The Pfizer/BioNTech vaccine is a 2-shot series given 3 weeks apart and must be stored at a temperature of -70 degrees Celsius (or -94 degrees Fahrenheit).
September 15, 2020
CDC releases data in MMWR from a study showing that people who recently tested positive for the SARS-CoV-2 virus were more than twice as likely to have recently dined out and more than four times as likely to have recently visited a bar or café.
CDC releases an infographic guide to help schools mitigate COVID-19 transmission in schools.
September 16, 2020
HHS announces a plan to make COVID-19 vaccines free in the U.S.
September 21, 2020
Johnson & Johnson begins phase 3 clinical trials of its COVID-19 vaccine with 60,000 participants. The J&J vaccine does not need to be frozen and may require just one shot.
September 22, 2020
The reported death toll in the U.S from COVID-19 surpasses 200,000.
September 23, 2020
HHS and CDC awards states, territories, and local jurisdictions $200 million from the Coronavirus Aid, Relief, and Economic Security (CARES) Act in new funding to support vaccine distribution for COVID-19.
September 28, 2020
The reported death toll from COVID-19 reaches more than 1 million worldwide— in
September 30, 2020
CDC extends the no sail order for all cruise ships through October 31, 2020.
October 2, 2020
President Trump tests positive for the SARS-CoV-2 virus and is treated at Walter Reed National Military Medical Center with antiviral drugs, including Remdesivir.
October 5, 2020
More staff at the White House, including the press secretary, test positive for COVID-19.
CDC updates its “How COVID-19 Is Spread” guidelines to acknowledge the potential for the airborne spread of the COVID-19 virus— even when 6 feet of social distance is maintained if the area is poorly ventilated or enclosed and activities occur that require heavy breathing, like singing or exercise.
October 6, 2020
Food insecurity in the U.S. reaches 52 million people due to the COVID-19 pandemic— 17 million more people than pre-pandemic numbers.
October 7, 2020
New Zealand lifts restrictions and declares COVID-19 “beaten” after a cluster of 179 cases in Auckland (the country‘s largest outbreak yet) is fully contained.
October 30, 2020
CDC announces the end of the no sail order for cruise ship companies, replacing it with a conditional sail order that requires companies to meet testing and safety requirements and to test those rules on simulated voyages before cruises resume.
November 4, 2020
One day after the presidential election, the U.S. reports 100,000 new cases of COVID-19 in 24 hours.
November 9, 2020
FDA issues an EUA for Eli Lilly‘s drug Bamlanivimab, a monoclonal antibody treatment that mimics the immune system‘s response to infection with SARS-CoV-2 and appears to protect patients at increased risk from a COVID-19 infection progressing to more severe forms of disease.
November 11, 2020
The journal Nature releases a study showing that most COVID-19 cases originate at indoor gathering places— places of worship, restaurants, gyms, and grocery stores. Areas of lower socioeconomic status were found to be at much greater risk: many residents are essential workers or cannot work from home and public spaces in these areas tend to be scarcer and more densely populated. The study‘s model suggested that a trip to a grocery store would be about twice as risky in a neighborhood of lower incomes as in one of higher incomes.
November 13, 2020
Two weeks after large groups gathered for Halloween celebrations, COVID-19 case numbers spike across the U.S.
November 16, 2020
Moderna‘s COVID-19 vaccine is found to be 94.4% effective in its clinical trial.
November 17, 2020
Dr. Anthony Fauci discusses the need to understand the “long COVID” symptoms like persistent fatigue, shortness of breath, muscle aches, sporadic fevers, and concentration issues, that as many as one-third of patients experience for weeks or months after contracting COVID-19.
November 18, 2020
Pfizer-BioNTech‘s COVID-19 vaccine is found to be 95% effective in their 44,000-person trial.
August 18, 2021
CDC announces a new center, the Center for Forecasting and Outbreak Analytics (CFA), which aims to improve the nation‘s ability to forecast and model emerging health threats, including pandemics like COVID-19, using data analytics.
HHS, CDC, and FDA release a statement concluding that booster shots of the Pfizer-BioNTech, Moderna, and Johnson & Johnson COVID-19 vaccines will be needed to protect against severe disease, hospitalization, and death in the coming
August 23, 2021
FDA fully approves the Pfizer-BioNTech COVID-19 vaccine for all people ages 18 years and older. Full FDA approval further reinforces that the Pfizer-BioNTech COVID-19 vaccine has been shown to meet the agency‘s high standards for safety, effectiveness, and consistent quality in manufacturing.
August 30, 2021
ACIP recommends Pfizer-BioNTech‘s COVID-19 vaccine for all people ages 16 years and older.
Late 2021
September 1, 2021
CDC releases a digital toolkit for individuals with Intellectual and Developmental Disabilities (IDD) and their caregivers to navigate the COVID-19 pandemic, with communication resources like videos, stories, posters, and interactive activities about getting tested, vaccinated, masking, and social distancing. To date, CDC has also released more than 40 videos and 25 web resources in American Sign Language (ASL) on COVID-19.
September 3, 2021
CDC announces an additional $300 million in funding for community health worker services to support COVID-19 prevention and control.
September 17, 2021
The Biden Administration, working through CDC, invests $2.1 billion in funding for state, local, and territorial public health departments to give them the resources needed to prevent infections in healthcare settings, detect and contain infectious organisms, enhance laboratory capacity, and combat infectious disease threats, including COVID-19.
September 24, 2021
ACIP recommends Pfizer-BioNTech‘s COVID-19 vaccine boosters for all people ages 65 years and older, residents of long-term care settings, people ages 50-64 years with underlying medical conditions, and people ages 18-49 years with underlying medical conditions and / or who live or work in high-risk settings to be given at least 6 months after their primary vaccination series.
CDC releases three studies in MMWR looking at the COVID-19 pandemic‘s effect on education. Despite school closures in some areas, around 96% of K-12 schools have remained open for in-person learning and schools without universal indoor mask mandates were more than three times more likely to have COVID-19 outbreaks than the K-12 schools that required universal masking from day one.
September 29, 2021
CDC issues an urgent health advisory to increase COVID-19 vaccination rates among people who are pregnant, breastfeeding, or who are trying to become pregnant. More than 22,000 pregnant people have been hospitalized with COVID-19 and 161 have died. COVID-19 in pregnant people carries a two-fold risk of admission to intensive care, a 70% increased risk of death, and adverse pregnancy outcomes that can include preterm birth, stillbirth, and the admission of a newborn into the ICU with COVID-19
October 6, 2021
WHO publishes a clinical case definition of “post COVID-19 condition” or long COVID. The symptoms of long COVID include, but are not limited to, fatigue, shortness of breath, and / or cognitive dysfunction that persists for at least two months and impacts everyday life, three months from the onset of an initial COVID-19 infection.
October 7, 2021
More than 140,000 children in the U.S. have lost their primary or secondary caregiver to the COVID-19 pandemic. One of every 168 American Indian and Alaska Native children, 1 of every 310 Black children, 1 of every 412 non-White Hispanic children, 1 of every 612 Asian children, and 1 of every 753 White children have now experienced orphanhood or the death of caregivers.
October 21, 2021
ACIP recommends Moderna or Pfizer-BioNTech‘s COVID-19 vaccine boosters for all people ages 65 years and older and all people ages 18 years and older who are residents of long-term care settings, have underlying medical conditions, and who live or work high-risk settings to be given least 6 months after their primary vaccination series. ACIP also recommends booster shots for everyone who received Johnson & Johnson‘s COVID-19 vaccine more than two months ago.
October 26, 2021
CDC announces $26 million in funding for CDC‘s new Center for Forecasting and Outbreak Analytics (CFA).
October 29, 2021
CDC releases data in MMWR showing that unvaccinated individuals who had been recently infected with COVID-19 were about 5 times more likely to be re-infected with the SARS-CoV-2 virus than fully vaccinated individuals with no prior COVID-19 infections.
November 2, 2021
ACIP recommends the Pfizer-BioNTech pediatric COVID-19 vaccine for all children ages 5-11 years.
November 3, 2021
On the sixth annual One Health Day, a global campaign that highlights the interconnected relationship between people, animals, and their environment, CDC releases a statement on the COVID-19 pandemic, noting that more than 400 different animals have been found to be infected with COVID-19 and, as a zoonotic virus, SARS-CoV-2 can spread between people and animals.
November 8, 2021
All non-citizens who are traveling to the U.S. will now be required to be fully vaccinated and provide proof of their vaccination status to fly to the U.S. All travelers will continue to be required to show a negative pre-departure COVID-19 test taken no more than three days before they board their flights.
November 10, 2021
CDC and WHO report that more than 22 million infants missed their first dose of the measles vaccine in 2020. This is the largest global increase of unvaccinated children in two decades and is due in-part to the disruptions the COVID-19 pandemic has had on health care and immunization
November 19, 2021
Amid worries of an upcoming Omicron surge, CDC strengthens its recommendation urging that everyone ages 18 years and older who received a Johnson & Johnson, Pfizer-BioNTech, or Moderna COVID-19 vaccine should receive a booster after they are fully vaccinated.
November 26, 2021
WHO designates the COVID-19 “Omicron” variant, first identified by scientists in South Africa, as a “variant of concern.” Changes in the spike protein of the Omicron variant of the SARS-CoV-2 virus, concern scientists around the world due to the potential for increased transmissibility and decreased vaccine protection.
November 29, 2021
CDC recommends that everyone ages 18 years and older who received a Johnson & Johnson COVID-19 vaccine should receive a booster shot 2 months after their initial J&J vaccine.
December 1, 2021
The first case of the Omicron variant in the U.S. is detected by the California and San Francisco Departments of Public Health.
December 2, 2021
A second case of the Omicron variant in the U.S. is detected by the Minnesota and the New York City Departments of Health.
December 3, 2021
FDA revises the emergency use authorization (EUA) for Eli Lilly‘s two monoclonal antibodies, Bamlanivimab and Etesevimab, to allow the drugs to be used
December 6, 2021
CDC introduces a new one-day testing policy requiring international travelers to show a negative pre-departure COVID-19 test taken 24 hours before they board their flights to the U.S.
December 8, 2021
FDA issues an EUA for AstraZeneca‘s Evusheld, a treatment of two monoclonal antibodies for the pre-exposure prevention of COVID-19 in adults and children ages 12 years and older who weigh at least 88 pounds and have moderate to severely compromised immune function or a history of severe adverse reactions to COVID-19 vaccines.
December 9, 2021
CDC and FDA expand COVID-19 booster recommendations to include everyone ages 16 years and older.
December 15, 2021
The recorded death toll from COVID-19 surpasses 800,000 in the U.S. One in every 100 people ages 65 years and older in the U.S. has died.
December 16, 2021
ACIP updates its recommendations to express a clinical preference for individuals to receive, when possible, an mRNA COVID-19 vaccine, Pfizer-BioNTech or Moderna, over Johnson & Johnson‘s COVID-19 vaccine.
December 17, 2021
CDC releases two reports in MMWR highlighting the use of test-to-stay practices to help keep students in school during the COVID-19 pandemic.
December 20, 2021
CDC releases data estimating that the Omicron variant is around 1.6 times more transmissible than the Delta variant.
December 22, 2021
FDA authorizes Pfizer‘s anti-viral pill Paxlovid to treat COVID-19 under an EUA for adults and children ages 12 years and older who weigh at least 88 pounds who test positive and are at high risk for progression to severe disease. It is the first treatment for COVID-19 that is taken orally and can be used at home.
December 23, 2021
FDA authorizes Merck‘s anti-viral pill Molnupiravir to treat COVID-19 under an EUA for all adults and children ages 18 years and older who test positive and are at high risk for progression to severe disease. It is the second treatment for COVID-19 that is taken orally and can be used at home but, despite supply concerns, Paxlovid remains the preferred oral anti-viral treatment for COVID-19.
CDC updates its recommendations for the isolation and quarantine periods for healthcare workers, decreasing their isolation time after infection with COVID-19. Asymptomatic healthcare workers can now return to work after 7 days with a negative test and healthcare workers who have received all recommended COVID-19 vaccines doses, including a booster, do not need to quarantine after a high-risk exposure.
December 27, 2021
CDC shortens the recommended isolation period for people with COVID-19 to 5 days, followed by 5 days of wearing a mask around others if they are asymptomatic or if their symptoms are resolving (resolving is defined as without a fever for 24 hours).
CDC updates the recommended quarantine period for people exposed to someone with COVID-19 to wear a mask around others for 10 days and get tested on day 5 if you have been boosted or vaccinated within the last 6 months. If the exposed individual is unvaccinated, CDC now recommends a quarantine period of 5 days, followed by strict mask use for an additional 5 days.
Early 2022
January 1, 2022
As Delta and Omicron spread, New York state records its
January 3, 2022
The U.S. reports nearly 1 million new COVID-19 infections - the highest daily total of any country in the world. The number of hospitalized COVID-19 patients has risen nearly 50% in just one week.
FDA amends the emergency use authorization (EUA) for the Pfizer-BioNTech COVID-19 vaccine to allow a single booster dose for all individuals ages 12-15 years; shortens the time-period between the completion of primary vaccination series of the Pfizer-BioNTech COVID-19 vaccine and a booster dose to at least five months; and allows for a third primary series dose for certain immunocompromised children ages 5-11 years.
January 4, 2022
ACIP shortens the recommended time between the primary vaccination series and a booster shot for the Pfizer-BioNTech COVID-19 vaccine from 6 months to 5 months.
ACIP recommends that moderately or severely immunocompromised children ages 5-11 years receive an additional primary dose of the Pfizer-BioNTech COVID-19 vaccine 28 days after their second shot.
January 5, 2022
ACIP recommends that all adolescents ages 12-17 years receive a booster shot 5 months after their initial Pfizer-BioNTech vaccination series.
January 7, 2022
FDA amends the EUA for the Moderna COVID-19 vaccine to shorten the time between the primary series of the vaccine and a booster dose from at least 5 months to 6 months for individuals ages 18 years and older. The same day, CDC endorses the FDA‘s recommendation.
January 11, 2022
The Biden Administration purchases 600,000 doses of GSK and Vir Biotechnology‘s antibody treatment Sotrovimab, after the drug was found to be effective against both the Delta and Omicron variants.
January 14, 2022
CDC updates guidelines on masks to emphasize fit, comfort, and consistent wear.
In one month, the daily average of new COVID-19 infections reported in the U.S. spikes from 119,215 to 805,062.
January 17, 2022
The American Civil Liberties Union (ACLU) sues an Arkansas jail on behalf of detainees who reported COVID-19 like symptoms and say they were unknowingly given ivermectin and hydroxychloroquine, two drugs that CDC does not recommend for the treatment of COVID-19.
January 19, 2022
To help meet the demand for testing during the Omicron surge, the Biden Administration purchases 1 billion COVID-19 tests and creates an online portal where people can order free at-home rapid antigen COVID-19 tests through the U.S. Postal Service (USPS).
January 20, 2022
CDC releases data in MMWR showing that during the Delta surge, both COVID-19 vaccination and surviving a prior infection provided protection against infection and hospitalization from COVID-19.
A study published in the American Journal of Epidemiology finds that COVID-19 vaccination has no impact on male or female fertility, but that a COVID-19 infection may be associated with a short-term decline in male fertility.
January 24, 2022
FDA further revises the EUA for Eli Lilly‘s two monoclonal antibodies, Bamlanivimab and Etesevimab, to limit their use after the treatment is shown to be ineffective against the Omicron variant.
FDA revises the EUA for Regeneron‘s monoclonal antibody, Regen-cov, to limit its use after the treatment is shown to be ineffective against the Omicron variant.
The Omicron variant now accounts for
January 31, 2022
FDA fully approves the Moderna COVID-19 vaccine for all people ages 18 years and older. Full FDA approval further reinforces that the Moderna COVID-19 vaccine has been shown to meet the agency‘s high standards for safety, effectiveness, and consistent quality in manufacturing. To date, COVID-19 vaccines are estimated to have saved at least a quarter of a million lives and prevented more than 1 million hospitalizations.
February 4, 2022
ACIP recommends the use of Moderna‘s vaccine for all people ages 18 years and older.
The death rate from COVID-19 climbs 30% in two weeks amid an Omicron surge, with more than 2,600 people dying from COVID-19 each day.
The number of recorded deaths in the U.S. due to COVID-19 surpasses 900,000.
February 7, 2022
A study is published in Nature showing that even a mild case of COVID-19 appears to increase the risk of heart problems for one year after infection. The study‘s authors suggest that COVID-19 might be as much of a risk factor for heart disease as high blood pressure, diabetes, or smoking.
February 11, 2022
CDC releases data showing that COVID-19 vaccine boosters remain safe and were highly effective against severe disease during the Omicron and Delta variant surges for everyone ages 5 years and older.
CDC releases data in MMWR showing that the Omicron variant rose from 1% of all infections in the U.S. to 99% of all infections in just 6 weeks (compared to 18 weeks for Delta).
February 15, 2022
CDC releases data in MMWR showing that maternal COVID-19 vaccination during pregnancy with an mRNA vaccine, Pfizer-BioNTech or Moderna, reduces the risk of COVID-19 hospitalization in infants (babies under 6 months) by around 60%.
February 18, 2022
CDC releases two reports in MMWR on pediatric emergency department visits during the COVID-19 pandemic and recommends increased awareness of the health concerns among children and adolescents that could arise due to delayed medical care and heightened emotional distress, especially for adolescent girls (ages 12-17 years).
The Wisconsin Department of Health Services confirms that a child in Wisconsin has died from multisystem inflammatory syndrome in children (MIS-C), a rare but serious condition associated with COVID-19 infection in children.
March 2, 2022
WHO releases data showing that the COVID-19 pandemic triggered a 25% increase in anxiety and depression worldwide, with young people and women at the highest risk.
March 3, 2022
CDC updates the “COVID-19 Community Level,” showing that more than 90% of the U.S. population is in a location with either low or medium COVID-19 community transmission level.
The U.S. has now donated more than 480 million COVID-19 vaccine doses to 110 countries.
March 4, 2022
While access to COVID-19 vaccines has expanded, the gap in COVID-19 vaccination rates between urban and rural areas in the U.S. has more than doubled since April 2021.
March 5, 2022
More than 10 billion people have received a COVID-19 vaccine, with WHO reporting that 10,704,043,684 COVID-19 vaccine doses have been administered worldwide. About 56% of the world is now fully vaccinated, but many regions still lack access, especially on the African continent where less than 20% of the total population is currently vaccinated.
March 8, 2022
Hawaii becomes the last state to
March 10, 2022
On CDC‘s recommendation, the Transportation Security Administration (TSA) extends the mask requirement for all public transportation and transportation hubs through April 18, 2022.
The number of recorded deaths due to COVID-19 surpasses 6 million worldwide, with WHO reporting 6,019,085 confirmed deaths. The true number is likely much higher.
The number of recorded COVID-19 cases surpasses 450 million worldwide, with WHO reporting 450,229,635 confirmed infections. The true number is likely much higher.
March 11, 2022
Two-year anniversary of WHO declaring COVID-19 a global pandemic.
CDC updates the “COVID-19 Community Level,” showing that more than 98% of the U.S. population is in a location with either a low or medium COVID-19 community transmission levels.
In the U.S., 92% of all children ages 5-11 years now live within 5 miles of a vaccine provider.
CDC releases data in MMWR showing that school districts in Arkansas with universal mask requirements had a 23% lower incidence of COVID-19 among staff and students compared to districts without mask requirements during August - October 2021.
March 12, 2022
CDC estimates that 23% of all current COVID-19 infections in the U.S. are caused by the Omicron BA.2 subvariant, with initial data suggesting that BA.2 appears to be more transmissible than the Omicron BA.1 variant.
March 14, 2022
Several regions in China face new lockdowns under the “COVID Zero” policy when cases of the Omicron variant are found. Tens of millions of people are required to stay inside their homes, key technology manufacturers like Foxconn and Unimicron close factories, and the production and distribution of goods is disrupted throughout the world.
March 15, 2022
CDC releases data in MMWR showing that the COVID-19 hospitalization rate among infants and children ages 4 years and younger was 5 times higher during the peak of the Omicron variant surge when compared to the Delta variant- 63% of those children hospitalized had no underlying medical conditions.
After officially recording more than 43 million COVID-19 cases, India begins vaccinating adolescents ages 12-14 years with the COVID-19 vaccine Corbevax and schools reopen after two years of closures.
CDC outlines its goals for the third year of a global COVID-19 response: to increase vaccination levels around the world, reduce spread of COVID-19 and its impact, expand scientific knowledge of the SARS-CoV-2 virus, and strengthen public health leadership while improving long-term health security worldwide.
March 16, 2022
At the World Trade Organization (WTO) meeting the U.S., the European Union, India, and South Africa forge a preliminary agreement on a COVID-19 vaccine intellectual property (IP) waiver, hoping to expand access to vaccines around the world.
March 18, 2022
CDC releases data in two MMWRs showing that adults who received 3 doses of a COVID-19 mRNA vaccine were 94% less likely to be put on a ventilator or die from COVID-19 during the Omicron surge compared to non-vaccinated adults in the U.S. and that Black adults are currently 4 times more likely to be hospitalized than White adults.
March 24, 2022
Data from the Census Bureau shows that deaths in the U.S. between 2019 - 2020 increased by approximately 19% after the onset of the COVID-19 pandemic in March 2020. That
March 26, 2022
CDC estimates that about 55% of all current COVID-19 cases in the U.S. are caused by the Omicron BA.2 subvariant.
March 29, 2022
CDC and FDA both recommend a second mRNA COVID-19 vaccine booster for immunocompromised individuals and all adults ages 50 and older 4 months after their last booster dose.
CDC recommends that all adults who received a primary vaccine series and booster dose of Johnson & Johnson‘s COVID-19 vaccine receive a second booster dose with an mRNA COVID-19 vaccine.
CDC recommends that all adults who received a primary vaccine series and booster dose of Johnson & Johnson‘s COVID-19 vaccine receive a second booster dose with an mRNA COVID-19 vaccine.
March 30, 2022
The number of recorded deaths due to COVID-19 reaches 976,229, with more than 79,853,683 total reported cases of the virus in the U.S.
March 31, 2022
CDC releases data from the Adolescent Behaviors and Experiences Survey (ABES) showing that from January 2021 - June 2021 among high-school aged adolescents: 44% report feeling persistently sad or hopeless; 55% report emotional abuse in the home; 11% report physical abuse in the home; and 29% report job loss by an adult in the home. Lesbian, gay, bisexual, and female youth reported the poorest overall mental health, the most emotional abuse by a parent or caregiver, and attempted suicide more their peers during the COVID-19 pandemic.
April 1, 2022
CDC announces the termination of Title 42, an Order that suspended the right to introduce migrants into the U.S. due to the public health risk of COVID-19, effective May 23, 2022.
April 8, 2022
CDC releases data in MMWR showing that the risk for cardiac complications in all age groups was significantly higher after COVID-19 infection when compared to after mRNA COVID-19 vaccination.
April 13, 2022
The Omicron subvariant BA.2 now makes up more than 85% of all new COVID-19 infections in the U.S.
April 18, 2022
CDC‘s mask mandate for indoor public transportation is struck down by a judge in Florida.
April 19, 2022
CDC releases data in MMWR showing that of the children ages 5-11 years who were hospitalized with COVID-19 during the first few months of the Omicron surge, 3 in 10 had no underlying medical conditions, 9 in 10 were unvaccinated, and 2 in 10 required ICU care.
April 21, 2022
The Department of Homeland Security (DHS) extends the COVID-19 vaccine requirement for all non-citizens entering the U.S.- in addition to the requirement that all travelers show a negative antigen test taken within one day of departure.
April 22, 2022
For the second year in a row, COVID-19 was the third leading cause of death in the U.S.- after heart disease and cancer.
April 26, 2022
The Biden Administration purchases 20 million doses of Pfizer‘s oral anti-viral drug Paxlovid as part of the Test-to-Treat initiative- 2,200 locations where Americans can receive free COVID-19 testing and, if needed, treatment. These doses will also be used to double the number of pharmacies with Paxlovid stocked from 20,000 to 40,000.
April 27, 2022
It is estimated that during 2000-2018, measles vaccines prevented 23.2 million deaths, but delays in routine vaccinations caused by the COVID-19 pandemic and crises in Ukraine, Ethiopia, Somalia, and Afghanistan have led to a nearly 80% worldwide rise in
April 29, 2022
Data from CDC‘s National Commercial Laboratory Seroprevalence Study estimates that, as of February 2022, approximately 75% of children and adolescents showed infection-induced antibodies to SARS-CoV-2 (evidence of a previous infection with SARS-CoV-2 - also called seroprevalence) and that, since December 2021, approximately one third have become newly seropositive.
April 30, 2022
The current proportion of the U.S. population fully vaccinated against COVID-19 broken down by age group is: 5-11, 28%; 12-17, 59%; 18-49, 69%; 50-64, 80%; and ≥65 years, 90%.
Mid 2022
May 3, 2022
CDC recommends that everyone continue to wear a mask while in indoor transportation hubs to prevent the spread of COVID-19 - but this is no longer legally enforceable.
May 5, 2022
WHO estimates that there have been approximately 15 million direct or indirect deaths (also called “excess mortality“) globally from January 2020 - December 2021 that were caused by the COVID-19 pandemic. South-East Asia, Europe, and the Americas accounted for 84% of the excess deaths.
May 10, 2022
During the COVID-19 pandemic, there has been a 35% increase in the firearm homicide rate, resulting in the highest firearm homicide rate in more than 25 years. Firearm homicide rates are the highest among males, adolescents, young adults, and non-Hispanic Black and non-Hispanic American Indian and Alaska Native people. Rates of firearm suicide remained high, increasing most notably among American Indian and Alaska Native males ages 10-44, and are highest in rural areas.
May 12, 2022
The number of recorded deaths due to COVID-19 in the U.S. reaches 1 million (1,000,000).
Initial research suggests that between 4% and 36% of all people infected with COVID-19 will experience symptoms lasting at least six-months, potentially leading to between 5 and 25 million people in the U.S. experiencing a long-term disability (approximately 200 million people worldwide). Experts and disability advocates worry that the long-term consequences of this virus are underappreciated.
May 16, 2022
Researchers from Brown University School of Public Health, Brigham and Women‘s Hospital, and Harvard T.H. Chan School of Public Health, estimate that approximately 50% of COVID-19 deaths in the U.S. were vaccine-preventable deaths.
May 19, 2022
ACIP recommends Pfizer-BioNTech‘s COVID-19 vaccine boosters for everyone ages 5-11 years to be given at least 5 months after their primary vaccination series. ACIP also recommends everyone ages 12 years and older who is immunocompromised and those ages 50 years and older should receive a second booster dose at least 4 months after their first to prevent severe disease, hospitalization, and death.
May 25, 2022
CDC releases data in MMWR showing that COVID-19 survivors are twice as likely to develop a pulmonary embolism or respiratory condition and that approximately 1 in 5 adults now have at least one health condition that may be attributable to a previous COVID-19 infection.
May 26, 2022
CDC updates the “COVID-19 Community Level,” showing that 71.52% of the U.S. population is in a location with low COVID-19 community transmission levels; 20.73% have medium levels and 7.76% have high COVID-19 community levels.
May 27, 2022
North Korea reports a total of 3.27 million “fever patients.”
May 28, 2022
The weekly average of new COVID-19 infections in the U.S
May 31, 2022
The U.S. Department of Justice (DOJ) asks a federal appeals court to overturn the order that declared CDC‘s mandate requiring individuals to wear masks on public transportation unlawful.
Authorities in Shanghai announce that they are partially reopening China‘s largest city after two months of a COVID-19 lockdown that has kept millions of people strictly in their homes and employed both mass testing and isolation of anyone infected with COVID-19 in centralized facilities.
June 1, 2022
The U.S. has recorded a total of 84,145,569 COVID-19 infections and 1,003,571 (more than 1 million) deaths from COVID-19.
June 2, 2022
A Kaiser Foundation study tested three widespread false statements about COVID-19 vaccines: “pregnant women should not get the COVID-19 vaccine; it is unsafe for women who are breastfeeding to get a COVID-19 vaccine; and the COVID-19 vaccines have been shown to cause infertility.” Vaccine misinformation is so pervasive that about six in ten U.S. adults and seven in ten women who are pregnant or planning to become pregnant either believed or were unsure about at least one of these false statements.
June 10, 2022
The global market for N95 masks is predicted to reach $11.8 billion by 2026.
June 18, 2022
ACIP recommends Moderna and Pfizer-BioNTech‘s COVID-19 vaccines for everyone ages 6 months - 5 years, expanding vaccine eligibility to over 20 million additional children in the U.S. All people ages 6 months and older are now eligible for COVID-19 vaccination in the U.S.
June 24, 2022
ACIP recommends Moderna‘s COVID-19 vaccine for everyone ages 6-17 years.
June 30, 2022
As COVID-19 case numbers rise across the U.S. due to the highly transmissible omicron subvariants BA.4 and BA.5, FDA calls for Omicron-specific updates to COVID-19 vaccine boosters from Pfizer-BioNTech and Moderna in fall 2022.
July 6, 2022
CDC data shows that Omicron subvariants BA.4 and BA.5 are now dominant in the U.S., making up over 70% of new COVID-19 infections.
July 8, 2022
New York Department of Health recommends that all people should wear N95, KN95, or KF94 masks in all public indoor settings and when in crowded outdoor areas due to high community transmission of COVID-19.
FDA fully approves Pfizer-BioNTech‘s COVID-19 vaccine for everyone ages 12-15 years. Full FDA approval further reinforces that Pfizer-BioNTech‘s COVID-19 vaccine has been shown to meet the agency‘s high standards for safety, effectiveness, and consistent quality in manufacturing.
Page last reviewed: August 16, 2022