E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
By Ian Ayres, Yair
Listokin, Robert Schonberger, and Zachary Shelley
Sacrifice lives
or sacrifice the economy? Since Covid-19 reared its ugly head in the US,
policymakers have confronted this grisly dilemma. A blockbuster
studydrives the point home. If we had
shut the economy down just one week earlier this March, 36,000 lives would have
been saved.
Does this
research indicate that we should have sacrificed the economy down one week
earlier? The researchers certainly think so, emphasizing “the importance of
early intervention and aggressive response.” The Trump administration’s
defensive response to the study,blaming
China for the delayed response,
suggests that it agrees.
We are not so
sure. Cost-benefit analysis, which allows us to directly compare the costs of
sacrificing lives with the costs of sacrificing the economy, suggests the
decision was a close one. The economic cost of shutting down the economy one
week earlier is almost exactly the same as the economic value of the years of
life lost by the unfortunate 36,000. Even if we could run back history, we
might choose to shut things down at exactly the same time we in fact did. Such a calculus may seem grisly particularly
to upper-income Americans who are somewhat shielded against poverty, but
perhaps it is less so for some of the least wealthy among us who bear the brunt
of economic ruin even beyond their disproportionate share of the disease
burden.
Cost benefit
analysis places an economic value on each year of life by estimating how much
the average person is willing to pay to avoid health risks of different
magnitudes. According to one commonly
used estimate, one year of
life in good health is worth $125,000 to the average American. Putting a value
on life is undoubtedly fraught, but it's something we implicitly do every day.
Any time we take a decision that risks our health, like getting into a car, we
trade health for convenience or some economic benefit.
Cost benefit
analysis is naturally suited to the gut-wrenching questions posed by Covid-19.
The coronavirus requires policymakers to weigh hundreds of thousands or even
millions of deaths against unprecedented economic ruin. Cost benefit
analysis insures that policymakers make this tragic choice by using the same
economic value of life applied to other health related decisions.
The costs of a
shutdown beginning on March 8 rather than on March 15 (when the shutdown in
fact began) are measured by the decreased economic production.The
Penn Wharton modelof
the economy estimates that shutdowns reduced production by 11.9%. Some of this
decline would have happened in the absence of government-mandated shutdowns due
to the individual personal precautions of citizens with Covid-19 fears. But not
much. Up through March 15, the US economy functioned relatively normally, with
initial unemployment claims for the week ending March 14 totaling 288,000, in
line with January and February of 2020. The week ending March 21, by contrast,
saw over 3.8 million new unemployment claims, a record smashing figure
suggesting economic devastation. A shutdown beginning March 8 rather than March
15 would have brought Covid-19’s economic devastation forward by a week. We
therefore estimate that a March 8 shutdown would have reduced GDP for the week
of March 8-March 15 by 10%, for a cost of roughly $40 billion.
A shutdown
beginning March 8 rather than March 15 would have saved 36,000 additional
lives. To give this number an economic value, we estimate the quality-adjusted
years of life lost by these 36,000. Because so many of the victims of Covid-19 have low remaining
life expectancy, Covid-19’s cost in terms of life-years lost is lower
(roughly 7.6 years) than it would be if a random 36,000 people had perished(roughly 18.7 years). At a value of $125,000 per
year of life in good health, the mortality benefits of a March 8 shutdown are
worth approximately $34 billion.
Our
analysis suggests that the economic costs of an early March 8 shutdown (roughly
$40 billion) exceeded the economic value of its health benefits ($34 billion).
An after-the-fact cost-benefit analysis rejects an earlier shutdown as too
costly.
However, our
estimates of both the costs and the benefits are not precise. With slightly
different assumptions, we could easily find that the benefits of a March 8
shutdown exceeded the costs. Rather, we think the tone of the Columbia study
and the media coverage of it needs to change. The existing coverage suggests
that our failure to shut down earlier was an unmitigated disaster. No. Careful
after-the-fact analysis suggests it was a close call. Shutting down earlier
would have saved many precious lives but further destroyed many livelihoods.
If you
viscerally balk at the ideaofthis
entire exercise and think we should be willing to sacrifice much more money to
extend human life then you should also favor a wide range of other precautions
that would substantially erode our nation’s income. Ignoring the real
costs of precaution to our minds is not sensible in any context.
The tragic
choices posed by Covid-19 at times offers clear cost-benefits prescriptions.
But expediting our nation’s shutdown by one week was not one of them.
Listokin
teaches at Yale Law School, where Shelley is a research fellow, Schonberger
teaches at Yale School of Medicine.