Skip to main content

Home/ History Readings/ Group items tagged litigation

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
clairemann

Why the 2020 Election Could Come Down to the Courts | Time - 0 views

time.com/...ction-2020-lawsuits-litigation

US election gop courts politics SCOTUS

shared by clairemann on 01 Nov 20 - No Cached
  • When Chief Justice John Roberts joined his three liberal colleagues on Monday to uphold Pennsylvania’s Supreme Court decision extending the deadline for accepting absentee ballots, Democrats were ecstatic.
  • But Democrats’ excitement was tempered by a lingering anxiety that their victory may be short-lived. The ruling remains in place only because the U.S. Supreme Court is deadlocked.
  • This past year, Democratic and Republican lawyers have filed hundreds of election-related lawsuits in state and federal courts, putting this election on track to become the most litigated in history.
  • ...8 more annotations...
  • If the final vote tally ends up being close, election experts say that both Democrats and Republicans will likely take the matter to court—increasing the possibility of another Bush v. Gore-style stand-off in which lawyers and judges, rather than the voters, ultimately determine the next President.
  • They argue that making it easier to apply for, vote, deliver, and count mail ballots facilitates fraud, thereby diluting the votes of those who play by the rules. So far, the rival teams appear to be in a dead heat. “Depending on the week, you may say it’s a very good Democratic week or a very good Republican week,” says Nathaniel Persily, a Stanford Law Professor.
  • Nearly every time states have implemented a change, it’s been followed by a lawsuit. There have been at least 380 election-related lawsuits solely stemming from the pandemic, according to the Stanford-MIT Healthy Elections Project.
  • To the extent that it can be simplified, this year’s election-related legal brawls can be distilled into two groups: a push to eliminate expanded mail-in voting policies on the basis that they would produce unprecedented fraud, and a push to ease the restrictions already in place.
  • Similar examples of litigation whiplash have played out across the country—each time banking a victory for the GOP.
  • Progressive watchdogs also point to another factor. Since taking office, Trump has appointed 53 appellate court judges, according to July data from the Pew Research Center, most of whom are reliably conservative and tend to sympathize with the Republicans’ legal positions.
  • Both Republicans and Democrats are actively preparing for the possibility of a pitched, multi-front court battle after Nov. 3. “We have been planning for any post-election litigation and recounts for well over a year and are extraordinarily well-positioned,”
  • Any post-Election Day litigation is most likely to involve swing states, crucial to determining the Electoral College winner, that end up having tight vote counts. Pennsylvania, Michigan, Wisconsin, Florida and North Carolina are all high on the list of possibilities, and top election officials in these states are girding for battle.
andrespardo

Revealed: conservative group fighting to restrict voting tied to powerful dark money ne... - 0 views

www.theguardian.com/...nservative-voting-restrictions

election republican 2020

shared by andrespardo on 27 May 20 - No Cached
  • Revealed: conservative group fighting to restrict voting tied to powerful dark money network
  • A powerful new conservative organization fighting to restrict voting in the 2020 presidential election is really just a rebranded group that is part of a dark money network already helping Donald Trump’s unprecedented effort to remake the US federal judiciary, the Guardian and OpenSecrets reveal.
  • $250,000 in advertisements in April, warning against voting by mail and accusing Democrats of cheating. It facilitated letters to election officials in Colorado, Florida and Michigan, using misleading data to accuse jurisdictions of having bloated voter rolls and threatening legal action.
  • ...6 more annotations...
  • Despite appearing to be a free-standing new operation, the Honest Elections Project is just a legal alias for the Judicial Education Project, a well-financed nonprofit connected to a powerful network of dark money conservative groups, according to business records reviewed by the Guardian and OpenSecrets.
  • For nearly a decade, the organization has been almost entirely funded by DonorsTrust, known as a “dark money ATM” backed by the Koch network and other prominent conservative donors, according to data tracked by OpenSecrets. In 2018, more than 99% of the Judicial Education Project’s funding came from a single $7.8m donation from DonorsTrust.
  • The Honest Elections Project is merely a fictitious name – an alias – the fund legally adopted in February. The change was nearly indiscernible because The 85 Fund registered two other legal aliases on the same day, including the Judicial Education Project, its old name. The legal maneuver allows it to operate under four different names with little public disclosure that it is the same group.
  • There is a lot of overlap between the Honest Elections Project and the Judicial Crisis Network. Both groups share personnel, including Carrie Severino, the influential president of the Judicial Crisis Network.
  • The Honest Elections Project has become active as Republicans are scaling up their efforts to fight to keep voting restrictions in place ahead of the election. The Republican National Committee will spend at least $20m on litigation over voting rights and wants to recruit up to 50,000 people to help monitor the polls and other election activities.
  • “It isn’t any surprise to those of us that do work in both of these spaces that our opponents [who] want to constrict access to voting, access to the courts, who are seeking an anti-inclusive, anti-civil rights agenda are one in the same,” she said.
Javier E

Supreme Court Case on Public Sector Union Fees Rouses Political Suspicions - The New Yo... - 0 views

www.nytimes.com/...uses-political-suspicions.html

politics legal union policy litigation

shared by Javier E on 12 Jan 16 - No Cached
  • Taking a page from the liberal playbook, Mr. Horowitz and others recommended that conservative donors support groups similar in their ambition and structure to public interest organizations, like the American Civil Liberties Union and the NAACP Legal Defense Fund, that had enjoyed great success in the 1960s and 1970s by actively looking for clients with potentially precedent-setting cases, then pouring resources into litigating them.
  • The Center for Individual Rights became one of the earliest public interest groups to grow out of this reassessment, focusing initially on defending academic free speech amid what it considered to be overweening political correctness. It began to attack affirmative action policies a few years late
  • That level of strategic savvy foreshadowed the more recent efforts of conservative political and policy groups.
  • ...6 more annotations...
  • “The A.C.L.U. in our view was a great organization for a long time — it defended individual rights across the board without regard to the content of the views expressed,” Mr. Pell said in an interview. “We thought that there was room for a public interest law firm to pick up the original A.C.L.U. mission and amplify it.”
  • The Center for Individual Rights is embedded in the world of prominent conservative political donors as well, having received large contributions from the Sarah Scaife Foundation, the John M. Olin Foundation, and the Lynde and Harry Bradley Foundation, according to filings with the Internal Revenue Service.
  • Many of the center’s donors contribute to other groups that have been active in trying to curtail union activity. The Bradley Foundation’s president, Michael Grebe, has been one of the most important supporters for Gov. Scott Walker of Wisconsin.
  • Mr. Grebe said his organization has had an interest in challenging public employee unions for about 15 years, supporting groups that do so on the policy level. He said support for legal action in the same area was “a natural extension” of these efforts.
  • it is difficult to find evidence of a single coordinating body that has directed money toward the Center for Individual Rights and its legal campaign to allow public employees to opt out of union fees.
  • Mr. Piereson, in an interview, acknowledged that there was both considerable suspicion among conservatives toward public employee unions and frequent communication among donors and employees of organizations on the right about efforts to rein in these unions. But, he said, this did not amount to a conspiracy. He called the coordination “diffuse, decentralized.”
anonymous

Trump Administration Rolls Back Birth Control Mandate - The New York Times - 0 views

www.nytimes.com/...ntraception-birth-control.html

trump administration birth control US

shared by anonymous on 06 Oct 17 - No Cached
  • Trump Administration Rolls Back Birth Control Mandate
  • The Trump administration on Friday moved to roll back the federal requirement for employers to include birth control coverage in their health insurance plans, vastly expanding exemptions for those that cite moral or religious objection
  • The new rules, which fulfill a campaign promise by President Trump, are sure to touch off a round of lawsuits on the issue.
  • ...7 more annotations...
  • More than 55 million women have access to birth control without co-payments because of the contraceptive coverage mandate, according to a study commissioned by the Obama administration. Under the new regulations, hundreds of thousands of women could lose birth control benefits they now receive at no cost under the Affordable Care Act. Advertisement Continue reading the main story
  • Dr. Haywood L. Brown, the president of the American College of Obstetricians and Gynecologists, said the rules would turn back the clock on women’s health.
  • The Trump administration says the new rules are motivated by “our desire to bring to a close the more than five years of litigation” over the contraceptive coverage mandate.The Obama-era policy generated dozens of lawsuits by employers, including religious schools, colleges, hospitals and charitable organizations, priests and nuns and even some owners of private for-profit companies who objected to some forms of birth control.However, the rules are likely to generate more litigation, this time by advocates for women and public health groups
  • In the new rules, the Trump administration says the Affordable Care Act does not explicitly require coverage of contraceptives.
  • By contrast, many doctors, including obstetricians and gynecologists, say contraceptives have generally been a boon to women’s health.
  • “Affordable contraception for women saves lives,” he said. “It prevents pregnancies. It improves maternal mortality. It prevents adolescent pregnancies.”
  • The Trump administration said the new rules would take effect immediately because “it would be impracticable and contrary to the public interest to engage in full notice and comment rule-making.”
Javier E

Big oil and gas kept a dirty secret for decades. Now they may pay the price | Climate c... - 0 views

www.theguardian.com/...crimes-oil-and-gas-environment

oil gas fraud climate denialism corporate history politics

shared by Javier E on 01 Jul 21 - No Cached
  • even more strikingly, the nearly two dozen lawsuits are underpinned by accusations that the industry severely aggravated the environmental crisis with a decades-long campaign of lies and deceit to suppress warnings from their own scientists about the impact of fossil fuels on the climate and dupe the American public
  • for the first time in decades, the lawsuits chart a path toward public accountability that climate activists say has the potential to rival big tobacco’s downfall after it concealed the real dangers of smoking.
  • “Things have to get worse for the oil companies,” he added. “Even if they’ve got a pretty good chance of winning the litigation in places, the discovery of pretty clearcut wrong doing – that they knew their product was bad and they were lying to the public – really weakens the industry’s ability to resist legislation and settlements.”
  • ...17 more annotations...
  • or decades, the country’s leading oil and gas companies have understood the science of climate change and the dangers posed by fossil fuels. Year after year, top executives heard it from their own scientists whose warnings were explicit and often dire.
  • In 1979, an Exxon study said that burning fossil fuels “will cause dramatic environmental effects” in the coming decades.“The potential problem is great and urgent,” it concluded.
  • o investigate the lengths of the oil and gas industry’s deceptions – and the disastrous consequences for communities across the country – the Guardian is launching a year-long series tracking the unprecedented efforts to hold the fossil fuel industry to account.
  • the legal reasoning behind foreign court judgments are unlikely to carry much weight in the US and domestic law is largely untested. In 2018, a federal court knocked back New York City’s initial attempt to force big oil to cover the costs of the climate crisis by saying that its global nature requires a political, not legal, remedy.
  • Among them is a 1988 Exxon memo laying out a strategy to push for a “balanced scientific approach”, which meant giving equal weight to hard evidence and climate change denialism. That move bore fruit in parts of the media into the 2000s as the oil industry repositioned global heating as theory, not fact, contributing to the most deep-rooted climate denialism in any developed country.
  • Other climate lawsuits, including one filed in Minnesota, allege the oil firms’ campaigns of deception and denial about the climate crisis amount to fraud. Minnesota is suing Exxon, Koch Industries and an industry trade group for breaches of state law for deceptive trade practices, false advertising and consumer fraud over what the lawsuit characterises as distortions and lies about climate science.
  • Farber said cases rooted in claims that the petroleum industry lied have the most promising chance of success.“To the extent the plaintiffs can point to misconduct, like telling everybody there’s no such thing as climate change when your scientists have told you the opposite, that might give the courts a greater feeling of comfort that they’re not trying to take over the US energy system,” he said.
  • The public nuisance claim, also pursued by Honolulu, San Francisco and Rhode Island, follows a legal strategy with a record of success in other types of litigation. In 2019, Oklahoma’s attorney general won compensation of nearly half a billion dollars against the pharmaceutical giant Johnson & Johnson over its false marketing of powerful prescription painkillers on the grounds it created a public nuisance by contributing to the opioid epidemic in the state.
  • Exxon set up equipment on a supertanker, the Esso Atlantic, to monitor carbon dioxide in seawater and the air. In 1982, the company’s scientists drew up a graph accurately plotting an increase in the globe’s temperature to date.
  • “The 1980s revealed an established consensus among scientists,” the Minnesota lawsuit against Exxon says. “A 1982 internal Exxon document … explicitly declares that the science was ‘unanimous’ and that climate change would ‘bring about significant changes in the earth’s climate’.”Then the monitoring on the Esso Atlantic was suddenly called off and other research downgraded.
  • Year after year, Exxon scientists recorded the evidence about the dangers of burning fossil fuels. In 1978, its science adviser, James Black, warned that there was a “window of five to ten years before the need for hard decisions regarding changes in energy strategy might become critical”.
  • newspapers to sow doubt. One in the New York Times in 2000, under the headline “Unsettled Science”, compared climate data to changing weather forecasts. It claimed scientists were divided, when an overwhelming consensus already backed the evidence of a growing climate crisis, and said that the supposed doubts meant it was too soon to act.
  • Exxon’s chairman and chief executive, Lee Raymond, told industry executives in 1996 that “scientific evidence remains inconclusive as to whether human activities affect global climate”.“It’s a long and dangerous leap to conclude that we should, therefore, cut fossil fuel use,” he said.Documents show that his company’s scientists were telling Exxon’s management that the real danger lay in the failure to do exactly that.
  • In 2019, Martin Hoffert, a professor of physics at New York University, told a congressional hearing that as a consultant to Exxon on climate modelling in the 1980s, he worked on eight scientific papers for the company that showed fossil fuel burning was “increasingly having a perceptible influence on Earth’s climate”.
  • Exxon worked alongside Chevron, Shell, BP and smaller oil firms to shift attention away from the growing climate crisis. They funded the industry’s trade body, API, as it drew up a multimillion-dollar plan to ensure that “climate change becomes a non- issue” through disinformation. The plan said “victory will be achieved” when “recognition of uncertainties become part of the ‘conventional wisdom’”.
  • The fossil fuel industry also used its considerable resources to pour billions of dollars into political lobbying to block unfavourable laws and to fund front organisations with neutral and scientific-sounding names, such as the Global Climate Coalition (GCC). In 2001, the US state department told the GCC that President George W Bush rejected the Kyoto protocol to reduce greenhouse gas emissions “in part, based on input from you”.
  • “Big oil was engaged in exactly the same type of behaviour that the tobacco companies engaged in and were found liable for fraud on a massive scale,” said Eubanks. “The cover-up, the denial of the problem, the funding of scientists to question the science. The same pattern. And some of the same lawyers represent both tobacco and big oil.”
katherineharron

The court that could decide the future of Trump's presidency - CNNPolitics - 0 views

www.cnn.com/...index.html

trump

shared by katherineharron on 22 Oct 19 - No Cached
  • The US Court of Appeals for the District of Columbia Circuit -- known as the DC Circuit and dubbed the country's "second highest court" -- handles a distinctive caseload testing the power of federal regulators and the executive branch.
  • Either way, in classic DC Circuit style, both sides have laid down markers on the fundamentals of congressional investigations, likely with an eye to the Supreme Court and to future litigation. The Tatel opinion for the majority was 66 pages; Rao's dissent was 68 pages.
  • The court's robust interpretation of Congress' oversight power arose in litigation that began before the Democratic-led House initiated its impeachment inquiry and started focusing on Trump's Ukrainian dealings. The subpoena fight involving Trump's longtime accountants, Mazars USA, had been simmering for months.
  • ...8 more annotations...
  • "They view themselves as legal technicians. Their view is that they do not make policy, they apply the law," said University of Michigan law professor Nicholas Bagley. "But the nature of the fights that are brought to the DC Circuit are often those that get the partisan blood boiling."
  • Confirmation controversy has only accelerated over time as the DC Circuit has become a stepping stone for the Supreme Court. Among the four current justices who came from the DC Circuit is Chief Justice John Roberts. (An earlier chief justice, Warren Burger, also first wore a black robe on the DC Circuit.)
  • The DC Circuit's portfolio has long put it at the center of disputes over potential White House wrongdoing, such as during Watergate in the Nixon years, the Iran-Contra scandal of the Reagan administration and Independent Counsel Ken Starr's investigation of President Bill Clinton. Now, it could help determine the fate of legal issues surrounding the House Democrats' impeachment inquiry and Trump's desire to withhold personal information and limit his allies from cooperating with investigators.
  • Even if a request for a full DC Circuit hearing would ultimately be denied, the Trump team might find it advantageous to request one, as going through that process could buy more time for Trump's larger effort to avoid disclosure of his records.
  • Tatel, at 77, is the liberal lion of the bench today. He authored a major voting rights opinion, involving Shelby County, Alabama, upholding a section of the 1965 Voting Rights Act that required states with a history of discrimination to obtain federal approval before changing their election laws. Tatel deemed race discrimination in voting "one of the gravest evils that Congress can seek to redress," and wrote that Congress, when passing legislation against it, "acts at the apex of the power."
  • When Obama took the White House in 2009, Democrats held the Senate majority, but Republicans were sizable enough to block efforts to cut off floor debate on his DC Circuit nominees. In 2013, then-Senate Majority Leader Harry Reid persuaded the Democrats to change the filibuster rules, with the "nuclear option," so that a lower-court nominee could be confirmed with a simple majority of the 100 senators, rather than require at least 60 votes to close debate.
  • Pillard, now 58, was arguably the most liberal of the three. A Georgetown law professor, she had previously worked for the NAACP legal defense fund and had a deep record of advocacy for civil rights and women's rights. Pillard already is on the short list of liberals hoping that a Democrat wins the White House in 2020 and can fill a new vacancy on the high court.
  • Trump has filled two DC Circuit vacancies since taking office, the first with Gregory Katsas in 2017, and then Rao, who until her confirmation this year had been the Trump-appointed administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget.
hannahcarter11

Teaching Children About Freedom Of Speech - 1 views

www.forbes.com/...ildren-about-freedom-of-speech

shared by hannahcarter11 on 15 Sep 20 - No Cached
  • freedom to protest
  • Meanwhile, government leaders both around the globe and right here in the U.S. are threatening to limit freedom of speech, with everything from legislation to litigation to violent force. 
    • hannahcarter11
      hannahcarter11 on 15 Sep 20
       
      To limit free speech is to silence all of those who may not have a voice in any other venue. It is incredibly disrespectful to try and limit the rights of your electors. These citizens deserve fair leaders who will engage in civil discourse with them instead of trying to completely shut them down or hurt them due to a difference in opinion.
  • Individuals can exercise their First Amendment rights in various ways—from writing a letter to a government or community leader, to marching in a protest, putting a sign on their lawn or kneeling for the national anthem. 
    • hannahcarter11
      hannahcarter11 on 15 Sep 20
       
      Protesting comes in many forms. Whatever action that you take is okay as long as you take some action. It is important that people begin to understand the importance of local government as well as federal. People often overlook taking issues to their community leaders though they are the ones who have the most direct effect on local politics.
  • ...1 more annotation...
  • Malala, a 2014 Nobel Peace Prize winner (at 17, she was the youngest recipient to receive the prize), began using her voice at the age of 10, standing up to the Taliban in Pakistan and advocating for the rights of girls to receive a safe, free quality education.
    • hannahcarter11
      hannahcarter11 on 15 Sep 20
       
      Malala is such an inspiration not only because she stood up for herself and others in the face of danger, but also because she continued to do so even when she became safe. She now uses the privilege that she has to uplift other young girls.
katherineharron

Amy Coney Barrett hearing: Takeaways from Wednesday - CNNPolitics - 0 views

www.cnn.com/...index.html

supreme court

shared by katherineharron on 14 Oct 20 - No Cached
  • Barrett again declined to preview how she would rule on potential cases during her confirmation hearing, as she did for the previous two days, seeking to portray herself as an independent judge without an agenda.
  • Lindsey Graham seemed to suggest that Barrett would vote to uphold the Affordable Care Act in an upcoming case because of a judicial principle known as severability, defending himself from political attacks in his tough reelection race against Democrat Jaime Harrison.
  • "From a conservative point of view, generally speaking, we want legislative bodies to make laws, not judges," Graham said later. "Would it be further true that if you can preserve a statue you try to, to the extent possible?"
  • ...13 more annotations...
  • "That is true," Barrett responded.
  • California Sen. Dianne Feinstein, the Judiciary Committee's top Democrat, also asked the nominee about the severability doctrine. Barrett explained to Feinstein that the doctrine was like a game of "Jenga," where a court must decide whether a law can stand if it pulls out part of it.
  • Vermont Democratic Sen. Patrick Leahy said that Barrett had not written or spoken in defense of the ACA but had publicly criticized the court and Chief Justice John Roberts for voting to uphold sections of it. Barrett said on Wednesday she had previously spoken as an academic rather than as a judge, and had "never had occasion to speak on the policy question."
  • Barrett later told Minnesota Democratic Sen. Amy Klobuchar, "I have no animus to, or agenda for, the Affordable Care Act."
  • Barrett said, "No one is above the law," but declined to answer the question, saying it "has never been litigated."
  • "So because it would be opining on an open question when I haven't gone through the judicial process to decide it, it's not one in which I can offer a view."
  • Delaware Democratic Sen. Chris Coons asked Barrett if she agreed with her mentor and former boss, the late Justice Antonin Scalia, that Griswold v. Connecticut, which established that married couples have a right to obtain and use contraception in the privacy of their own home, was wrongly decided.
  • She explained that it's "unthinkable that any legislature would pass such a law" prohibiting the use of birth control and that it's "very unlikely" a lower court would buck the Supreme Court precedent.
  • Barrett said that "the only reason that it's even worth asking that question" is because the 1965 case underpins the 1973 landmark case Roe v. Wade, which found a constitutional right to abortion. "So because Griswold involves substantive due process, an area that remains subject to litigation to the country, I don't think it's an issue or case that I can opine on," she said. "But nor do I think Griswold is in danger of going anywhere."
  • California Sen. Kamala Harris, the Democratic vice presidential nominee, asked Barrett about Shelby County v. Holder, which allowed some jurisdictions with a history of voter suppression to escape additional federal scrutiny under the 1965 Voting Rights Act.
  • "I think racial discrimination still exists in the United States, and I think we've seen evidence of that this summer," added Barrett.Harris later asked Harris if Covid-19 is infectious, whether smoking causes cancer and whether climate change is "happening and is threatening the air we breathe and the water we drink."
  • "I will not do that," she said. "I will not express a view on a matter of public policy, especially one that is politically controversial because that's inconsistent with the judicial role as I have explained."
  • Republican senators appeared confident on Wednesday that they will confirm the Notre Dame law professor and judge on the 7th US Circuit Court of Appeals by the end of the month, giving conservatives a strong 6-3 majority on the Supreme Court.
clairemann

Alito, Texas Abortion and the Shadow Docket: Déjà vu All Over Again? | Austin... - 0 views

verdict.justia.com/...-docket-deja-vu-all-over-again

us SCOTUS justice abortion

shared by clairemann on 12 Oct 21 - No Cached
  • On October 8, the Fifth Circuit summarily reinstated Texas’s “heartbeat” anti-abortion law, overturning district court Judge Robert Pitman’s careful, 113-page October 6 decision enjoining the onerous law. And so, the Supreme Court may soon have an opportunity to weigh in again, via its “emergency docket,” on the most restrictive abortion law in the nation. It authorizes “bounty-hunters” to inform on anyone helping a woman protect her right to control her body.
  • . The Court’s legitimacy is bound up with its ability to convince litigants and citizens alike that its rulings are the result of a careful, deliberative, and fair process. Its increasing resort to the emergency docket, dubbed the “shadow docket” in 2015 by law school professor William Baude, calls those virtues into question.
  • Critics rightly say that the Court’s use of emergency orders, issued without oral argument and full legal briefing, to decide issues with enormous substantive effect on the nation, may help its conservative members advance their agenda. But reconciling this development and the requirements of judicial legitimacy is no easy task.
  • ...7 more annotations...
  • “Journalists may think we can dash off an opinion the way they dash off articles,” Alito snarked. “You can’t expect the E.M.T.s and the emergency rooms to do the same thing that a team of physicians and nurses will do when . . . time is not of the essence.”
  • That begs the question of why the Court is now deciding more frequently that their EMT services are needed.
  • In any event, Alito’s “blame the messenger” ignores what behavior psychologists have known for decades: When a message receives a favorable response, the messenger returns for more.
  • Alito rejected critics’ claims that emergency orders suffer from opaqueness that full court opinions help avoid: “[F]air-minded readers can easily understand the grounds for our rulings.”
  • What he didn’t address was the fact that the three orders he discussed all favored conservative litigants, a consistency that could lead “fair minded observers” to question whether the Court was impartially “calling balls and strikes.” In July, a Reuters analysis concluded that the Court’s emergency orders consistently favored religious groups and Trump’s administration.
  • Findings like that may have contributed to Justice Amy Coney Barrett publicly declaring in September that “we’re not a bunch of partisan hacks.” (Reminiscent of Richard Nixon’s Watergate-era speech in which he said, “I am not a crook.”)
  • That bromide does not mean, however, that judges should seek the limelight to offer their perspectives on Court business or doctrine. That practice carries enormous risk of destroying the public’s trust in their impartiality and nonpartisanship.
clairemann

Biden administration asks justices to block enforcement of Texas abortion law - SCOTUSblog - 0 views

www.scotusblog.com/...orcement-of-texas-abortion-law

us politics SCOTUS abortion

shared by clairemann on 19 Oct 21 - No Cached
  • The Biden administration asked the Supreme Court on Monday to do what the justices declined to do last month when asked by a group of Texas abortion providers: block the enforcement of a Texas law that imposes a near-total ban on abortions performed after the sixth week of pregnancy.
  • making “abortion effectively unavailable” after six weeks, “Texas has, in short, successfully nullified” the Supreme Court’s “decisions within its borders.”
  • Rather than handle the request on the so-called shadow docket, Fletcher also suggested in his filing that the justices could treat the request as a petition for review, schedule full briefing and oral argument, and resolve the merits of the case without waiting for the litigation to conclude in the lower courts.
  • ...8 more annotations...
  • To make it more difficult to challenge the law in court, especially before it went into effect, the Texas law turns to private individuals, rather than government officials, to enforce the ban, deputizing them to bring lawsuits against anyone who either provides or “aids or abets” an abortion. The law also establishes an award of $10,000 for a successful lawsuit.
  • By a vote of 5-4, in a one-paragraph order issued late at night, the court said that the providers had “raised serious questions regarding the constitutionality of the Texas law.” But the majority nonetheless refused to stop the law from going into effect because, the court wrote, it wasn’t clear whether the state officials whom the abortion providers had named as defendants in the case “can or will seek to enforce the Texas law” in a way that would allow the court to get involved in the dispute at that stage.
  • In a 39-page filing on Monday, Fletcher asked the justices to wipe away the 5th Circuit’s stay of Pitman’s order. That relief would reinstate Pitman’s decision blocking the law while the litigation continues.
  • take up the case on its merits docket and definitively resolve the legality of Texas’ unusual enforcement scheme without waiting for a final ruling from the 5th Circuit — a maneuver known as a petition for certiorari before judgment. On Monday afternoon, the court granted the providers’ request to fast-track the justices’ consideration of their petition, directing the defendants in the case to file their response to the petition by noon on Thursday, Oct. 21.
  • In a 113-page ruling on Oct. 6, U.S. District Judge Robert Pitman granted the administration’s request to put the law on hold. Observing that the right to obtain an abortion before the fetus becomes viable is “well established,
  • Texas was “[f]ully aware that depriving its citizens of this right” directly would be “flagrantly unconstitutional”
  • The majority’s refusal to intervene on an emergency basis sent the case back to the U.S. Court of Appeals for the 5th Circuit, which is scheduled to hear oral argument in early December.
  • The Biden administration’s request went to Justice Samuel Alito, who fields emergency requests from the 5th Circuit. Alito acted quickly, ordering the state to file its response by noon on Thursday, Oct. 21, and — with the order later on Monday directing a response in the providers’ case — setting up the possibility that the court could act on both S.B. 8 cases at the same time.
Javier E

Transcript: Ezra Klein Interviews Robinson Meyer - The New York Times - 0 views

www.nytimes.com/...transcript-robinson-meyer.html

transition energy policy history environmentalism us IRA implementation

shared by Javier E on 08 Jul 23 - No Cached
  • Implementation matters, but it’s harder to cover because it’s happening in all parts of the country simultaneously. There isn’t a huge Republican-Democratic fight over it, so there isn’t the conflict that draws the attention to it
  • we sort of implicitly treat policy like it’s this binary one-zero condition. One, you pass a bill, and the thing is going to happen. Zero, you didn’t, and it won’t.
  • ROBINSON MEYER: You can almost divide the law up into different kind of sectors, right? You have the renewable build-out. You have EVs. You have carbon capture. You have all these other decarbonizing technologies the law is trying to encourage
  • ...184 more annotations...
  • that’s particularly true on the I.R.A., which has to build all these things in the real world.
  • we’re trying to do industrial physical transformation at a speed and scale unheralded in American history. This is bigger than anything we have done at this speed ever.
  • The money is beginning to move out the door now, but we’re on a clock. Climate change is not like some other issues where if you don’t solve it this year, it is exactly the same to solve it next year. This is an issue where every year you don’t solve it, the amount of greenhouse gases in the atmosphere builds, warming builds, the effects compound
  • Solve, frankly, isn’t the right word there because all we can do is abate, a lot of the problems now baked in. So how is it going, and who can actually walk us through that?
  • Robinson Meyer is the founding executive editor of heatmap.news
  • why do all these numbers differ so much? How big is this thing?
  • in electric vehicles and in the effort, kind of this dual effort in the law, to both encourage Americans to buy and use electric vehicles and then also to build a domestic manufacturing base for electric vehicles.
  • on both counts, the data’s really good on electric vehicles. And that’s where we’re getting the fastest response from industry and the clearest response from industry to the law.
  • ROBINSON MEYER: Factories are getting planned. Steel’s going in the ground. The financing for those factories is locked down. It seems like they’re definitely going to happen. They’re permitted. Companies are excited about them. Large Fortune 500 automakers are confidently and with certainty planning for an electric vehicle future, and they’re building the factories to do that in the United States. They’re also building the factories to do that not just in blue states. And so to some degree, we can see the political certainty for electric vehicles going forward.
  • in other parts of the law, partially due to just vagaries of how the law is being implemented, tax credits where the fine print hasn’t worked out yet, it’s too early to say whether the law is working and how it’s going and whether it’s going to accomplish its goal
  • EZRA KLEIN: I always find this very funny in a way. The Congressional Budget Office scored it. They thought it would make about $380 billion in climate investments over a decade. So then you have all these other analyses coming out.
  • But there’s actually this huge range of outcomes in between where the thing passes, and maybe what you wanted to have happen happens. Maybe it doesn’t. Implementation is where all this rubber meets the road
  • the Rhodium Group, which is a consulting firm, they think it could be as high as $522 billion, which is a big difference. Then there’s this Goldman Sachs estimate, which the administration loves, where they say they’re projecting $1.2 trillion in incentives —
  • ROBINSON MEYER: All the numbers differ because most of the important incentives, most of the important tax credits and subsidies in the I.R.A., are uncapped. There’s no limit to how much the government might spend on them. All that matters is that some private citizen or firm or organization come to the government and is like, hey, we did this. You said you’d give us money for it. Give us the money.
  • because of that, different banks have their own energy system models, their own models of the economy. Different research groups have their own models.
  • we know it’s going to be wrong because the Congressional Budget Office is actually quite constrained in how it can predict how these tax credits are taken up. And it’s constrained by the technology that’s out there in the country right now.
  • The C.B.O. can only look at the number of electrolyzers, kind of the existing hydrogen infrastructure in the country, and be like, well, they’re probably all going to use these tax credits. And so I think they said that there would be about $5 billion of take up for the hydrogen tax credits.
  • But sometimes money gets allocated, and then costs overrun, and there delays, and you can’t get the permits, and so on, and the thing never gets built
  • the fact that the estimates are going up is to them early evidence that this is going well. There is a lot of applications. People want the tax credits. They want to build these new factories, et cetera.
  • a huge fallacy that we make in policy all the time is assuming that once money is allocated for something, you get the thing you’re allocating the money for. Noah Smith, the economics writer, likes to call this checkism, that money equals stuff.
  • EZRA KLEIN: They do not want that, and not wanting that and putting every application through a level of scrutiny high enough to try and make sure you don’t have another one
  • I don’t think people think a lot about who is cutting these checks, but a lot of it is happening in this very obscure office of the Department of Energy, the Loan Program Office, which has gone from having $40 billion in lending authority, which is already a big boost over it not existing a couple decades ago, to $400 billion in loan authority,
  • the Loan Program Office as one of the best places we have data on how this is going right now and one of the offices that’s responded fastest to the I.R.A.
  • the Loan Program Office is basically the Department of Energy’s in-house bank, and it’s kind of the closest thing we have in the US to what exists in other countries, like Germany, which is a State development bank that funds projects that are eventually going to be profitable.
  • It has existed for some time. I mean, at first, it kind of was first to play after the Recovery Act of 2009. And in fact, early in its life, it gave a very important loan to Tesla. It gave this almost bridge loan to Tesla that helped Tesla build up manufacturing capacity, and it got Tesla to where it is today.
  • EZRA KLEIN: It’s because one of the questions I have about that office and that you see in some of the coverage of them is they’re very afraid of having another Solyndra.
  • Now, depending on other numbers, including the D.O.E., it’s potentially as high as $100 billion, but that’s because the whole thing about the I.R.A. is it’s meant to encourage the build-out of this hydrogen infrastructure.
  • EZRA KLEIN: I’m never that excited when I see a government loans program turning a profit because I think that tends to mean they’re not making risky enough loans. The point of the government should be to bear quite a bit of risk —
  • And to some degree, Ford now has to compete, and US automakers are trying to catch up with Chinese EV automakers. And its firms have EV battery technology especially, but just have kind of comprehensive understanding of the EV supply chain that no other countries’ companies have
  • ROBINSON MEYER: You’re absolutely right that this is the key question. They gave this $9.2 billion loan to Ford to build these EV battery plants in Kentucky and Tennessee. It’s the largest loan in the office’s history. It actually means that the investment in these factories is going to be entirely covered by the government, which is great for Ford and great for our build-out of EVs
  • And to some degree, I should say, one of the roles of L.P.O. and one of the roles of any kind of State development bank, right, is to loan to these big factory projects that, yes, may eventually be profitable, may, in fact, assuredly be profitable, but just aren’t there yet or need financing that the private market can’t provide. That being said, they have moved very slowly, I think.
  • And they feel like they’re moving quickly. They just got out new guidelines that are supposed to streamline a lot of this. Their core programs, they just redefined and streamlined in the name of speeding them up
  • However, so far, L.P.O. has been quite slow in getting out new loans
  • I want to say that the pressure they’re under is very real. Solyndra was a disaster for the Department of Energy. Whether that was fair or not fair, there’s a real fear that if you make a couple bad loans that go bad in a big way, you will destroy the political support for this program, and the money will be clawed back, a future Republican administration will wreck the office, whatever it might be. So this is not an easy call.
  • when you tell me they just made the biggest loan in their history to Ford, I’m not saying you shouldn’t lend any money to Ford, but when I think of what is the kind of company that cannot raise money on the capital markets, the one that comes to mind is not Ford
  • They have made loans to a number of more risky companies than Ford, but in addition to speed, do you think they are taking bets on the kinds of companies that need bets? It’s a little bit hard for me to believe that it would have been impossible for Ford to figure out how to finance factorie
  • ROBINSON MEYER: Now, I guess what I would say about that is that Ford is — let’s go back to why Solyndra failed, right? Solyndra failed because Chinese solar deluged the market. Now, why did Chinese solar deluge the market? Because there’s such support of Chinese financing from the state for massive solar factories and massive scale.
  • EZRA KLEIN: — the private market can’t. So that’s the meta question I’m asking here. In your view, because you’re tracking this much closer than I am, are they too much under the shadow of Solyndra? Are they being too cautious? Are they getting money out fast enough?
  • ROBINSON MEYER: I think that’s right; that basically, if we think the US should stay competitive and stay as close as it can and not even stay competitive, but catch up with Chinese companies, it is going to require large-scale state support of manufacturing.
  • EZRA KLEIN: OK, that’s fair. I will say, in general, there’s a constant thing you find reporting on government that people in government feel like they are moving very quickly
  • EZRA KLEIN: — given the procedural work they have to go through. And they often are moving very quickly compared to what has been done in that respect before, compared to what they have to get over. They are working weekends, they are working nights, and they are still not actually moving that quickly compared to what a VC firm can do or an investment bank or someone else who doesn’t have the weight of congressional oversight committees potentially calling you in and government procurement rules and all the rest of it.
  • ROBINSON MEYER: I think that’s a theme across the government’s implementation of the I.R.A. right now, is that generally the government feels like it’s moving as fast as it can. And if you look at the Department of Treasury, they feel like we are publishing — basically, the way that most of the I.R.A. subsidies work is that they will eventually be administered by the I.R.S., but first the Department of the Treasury has to write the guidebook for all these subsidies, right?
  • the law says there’s a very general kind of “here’s thousands of dollars for EVs under this circumstance.” Someone still has to go in and write all the fine print. The Department of Treasury is doing that right now for each tax credit, and they have to do that before anyone can claim that tax credit to the I.R.S. Treasury feels like it’s moving extremely quickly. It basically feels like it’s completely at capacity with these, and it’s sequenced these so it feels like it’s getting out the most important tax credits first.
  • Private industry feels like we need certainty. It’s almost a year since the law passed, and you haven’t gotten us the domestic content bonus. You haven’t gotten us the community solar bonus. You haven’t gotten us all these things yet.
  • a theme across the government right now is that the I.R.A. passed. Agencies have to write the regulations for all these tax credits. They feel like they’re moving very quickly, and yet companies feel like they’re not moving fast enough.
  • that’s how we get to this point where we’re 311 days out from the I.R.A. passing, and you’re like, well, has it made a big difference? And I’m like, well, frankly, wind and solar developers broadly don’t feel like they have the full understanding of all the subsidies they need yet to begin making the massive investments
  • I think it’s fair to say maybe the biggest bet on that is green hydrogen, if you’re looking in the bill.
  • We think it’s going to be an important tool in industry. It may be an important tool for storing energy in the power grid. It may be an important tool for anything that needs combustion.
  • ROBINSON MEYER: Yeah, absolutely. So green hydrogen — and let’s just actually talk about hydrogen broadly as this potential tool in the decarbonization tool kit.
  • It’s a molecule. It is a very light element, and you can burn it, but it’s not a fossil fuel. And a lot of the importance of hydrogen kind of comes back to that attribute of it.
  • So when we look at sectors of the economy that are going to be quite hard to decarbonize — and that’s because there is something about fossil fuels chemically that is essential to how that sector works either because they provide combustion heat and steelmaking or because fossil fuels are actually a chemical feedstock where the molecules in the fossil fuel are going into the product or because fossil fuels are so energy dense that you can carry a lot of energy while actually not carrying that much mass — any of those places, that’s where we look at hydrogen as going.
  • green hydrogen is something new, and the size of the bet is huge. So can you talk about first just what is green hydrogen? Because my understanding of it is spotty.
  • The I.R.A. is extremely generous — like extremely, extremely generous — in its hydrogen subsidies
  • The first is for what’s called blue hydrogen, which is hydrogen made from natural gas, where we then capture the carbon dioxide that was released from that process and pump it back into the ground. That’s one thing that’s subsidized. It’s basically subsidized as part of this broader set of packages targeted at carbon capture
  • green hydrogen, which is where we take water, use electrolyzers on it, basically zap it apart, take the hydrogen from the water, and then use that as a fue
  • The I.R.A. subsidies for green hydrogen specifically, which is the one with water and electricity, are so generous that relatively immediately, it’s going to have a negative cost to make green hydrogen. It will cost less than $0 to make green hydrogen. The government’s going to fully cover the cost of producing it.
  • That is intentional because what needs to happen now is that green hydrogen moves into places where we’re using natural gas, other places in the industrial economy, and it needs to be price competitive with those things, with natural gas, for instance. And so as it kind of is transported, it’s going to cost money
  • As you make the investment to replace the technology, it’s going to cost money. And so as the hydrogen moves through the system, it’s going to wind up being price competitive with natural gas, but the subsidies in the bill are so generous that hydrogen will cost less than $0 to make a kilogram of it
  • There seems to be a sense that hydrogen, green hydrogen, is something we sort of know how to make, but we don’t know how to make it cost competitive yet. We don’t know how to infuse it into all the processes that we need to be infused into. And so a place where the I.R.A. is trying to create a reality that does not yet exist is a reality where green hydrogen is widely used, we have to know how to use it, et cetera.
  • And they just seem to think we don’t. And so you need all these factories. You need all this innovation. Like, they have to create a whole innovation and supply chain almost from scratch. Is that right?
  • ROBINSON MEYER: That’s exactly right. There’s a great Department of Energy report that I would actually recommend anyone interested in this read called “The Liftoff Report for Clean Hydrogen.” They made it for a few other technologies. It’s a hundred-page book that’s basically how the D.O.E. believes we’re going to build out a clean hydrogen economy.
  • And, of course, that is policy in its own right because the D.O.E. is saying, here is the years we’re going to invest to have certain infrastructure come online. Here’s what we think we need. That’s kind of a signal to industry that everyone should plan around those years as well.
  • It’s a great book. It’s like the best piece of industrial policy I’ve actually seen from the government at all. But one of the points it makes is that you’re going to make green hydrogen. You’re then going to need to move it. You’re going to need to move it in a pipeline or maybe a truck or maybe in storage tanks that you then cart around.
  • Once it gets to a facility that uses green hydrogen, you’re going to need to store some green hydrogen there in storage tanks on site because you basically need kind of a backup supply in case your main supply fails. All of those things are going to add cost to hydrogen. And not only are they going to add cost, we don’t really know how to do them. We have very few pipelines that are hydrogen ready.
  • All of that investment needs to happen as a result to make the green hydrogen economy come alive. And why it’s so lavishly subsidized is to kind of fund all that downstream investment that’s eventually going to make the economy come true.
  • But a lot of what has to happen here, including once the money is given out, is that things we do know how to build get built, and they get built really fast, and they get built at this crazy scale.
  • So I’ve been reading this paper on what they call “The Greens’ Dilemma” by J.B. Ruhl and James Salzman, who also wrote this paper called “Old Green Laws, New Green Deal,” or something like that. And I think they get at the scale problem here really well.
  • “The largest solar facility currently online in the US is capable of generating 585 megawatts. To meet even a middle-road renewable energy scenario would require bringing online two new 400-megawatt solar power facilities, each taking up at least 2,000 acres of land every week for the next 30 years.”
  • And that’s just solar. We’re not talking wind there. We’re not talking any of the other stuff we’ve discussed here, transmission lines. Can we do that? Do we have that capacity?
  • ROBINSON MEYER: No, we do not. We absolutely do not. I think we’re going to build a ton of wind and solar. We do not right now have the system set up to use that much land to build that much new solar and wind by the time that we need to build it. I think it is partially because of permitting laws, and I think it’s also partially because right now there is no master plan
  • There’s no overarching strategic entity in the government that’s saying, how do we get from all these subsidies in the I.R.A. to net zero? What is our actual plan to get from where we are right now to where we’re emitting zero carbon as an economy? And without that function, no project is essential. No activity that we do absolutely needs to happen, and so therefore everything just kind of proceeds along at a convenient pace.
  • given the scale of what’s being attempted here, you might think that something the I.R.A. does is to have some entity in the government, as you’re saying, say, OK, we need this many solar farms. This is where we think we should put them. Let’s find some people to build them, or let’s build them ourselves.
  • what it actually does is there’s an office somewhere waiting for private companies to send in an application for a tax credit for solar that they say they’re going to build, and then we hope they build it
  • it’s an almost entirely passive process on the part of the government. Entirely would be going too far because I do think they talk to people, and they’re having conversations
  • the builder applies, not the government plans. Is that accurate?
  • ROBINSON MEYER: That’s correct. Yes.
  • ROBINSON MEYER: I think here’s what I would say, and this gets back to what do we want the I.R.A. to do and what are our expectations for the I.R.A
  • If the I.R.A. exists to build out a ton of green capacity and shift the political economy of the country toward being less dominated by fossil fuels and more dominated by the clean energy industry, frankly, then it is working
  • If the I.R.A. is meant to get us all the way to net zero, then it is not capable of that.
  • in 2022, right, we had no way to see how we were going to reduce emissions. We did not know if we were going to get a climate bill at all. Now, we have this really aggressive climate bill, and we’re like, oh, is this going to get us to net zero?
  • But getting to net zero was not even a possibility in 2022.
  • The issue is that the I.R.A. requires, ultimately, private actors to come forward and do these things. And as more and more renewables get onto the grid, almost mechanically, there’s going to be less interest in bringing the final pieces of decarbonized electricity infrastructure onto the grid as well.
  • EZRA KLEIN: Because the first things that get applied for are the ones that are more obviously profitable
  • The issue is when you talk to solar developers, they don’t see it like, “Am I going to make a ton of money, yes or no?” They see it like they have a capital stack, and they have certain incentives and certain ways to make money based off certain things they can do. And as more and more solar gets on the grid, building solar at all becomes less profitable
  • also, just generally, there’s less people willing to buy the solar.
  • as we get closer to a zero-carbon grid, there is this risk that basically less and less gets built because it will become less and less profitable
  • EZRA KLEIN: Let’s call that the last 20 percent risk
  • EZRA KLEIN: — or the last 40 percent. I mean, you can probably attach different numbers to that
  • ROBINSON MEYER: Permitting is the primary thing that is going to hold back any construction basically, especially out West,
  • right now permitting fights, the process under the National Environmental Policy Act just at the federal level, can take 4.5 years
  • let’s say every single project we need to do was applied for today, which is not true — those projects have not yet been applied for — they would be approved under the current permitting schedule in 2027.
  • ROBINSON MEYER: That’s before they get built.
  • Basically nobody on the left talked about permitting five years ago. I don’t want to say literally nobody, but you weren’t hearing it, including in the climate discussion.
  • people have moved to saying we do not have the laws, right, the permitting laws, the procurement laws to do this at the speed we’re promising, and we need to fix that. And then what you’re seeing them propose is kind of tweak oriented,
  • Permitting reform could mean a lot of different things, and Democrats and Republicans have different ideas about what it could mean. Environmental groups, within themselves, have different ideas about what it could mean.
  • for many environmental groups, the permitting process is their main tool. It is how they do the good that they see themselves doing in the world. They use the permitting process to slow down fossil fuel projects, to slow down projects that they see as harming local communities or the local environment.
  • ROBINSON MEYER: So we talk about the National Environmental Policy Act or NEPA. Let’s just start calling it NEPA. We talk about the NEPA process
  • NEPA requires the government basically study any environmental impact from a project or from a decision or from a big rule that could occur.
  • Any giant project in the United States goes through this NEPA process. The federal government studies what the environmental impact of the project will be. Then it makes a decision about whether to approve the project. That decision has nothing to do with the study. Now, notionally, the study is supposed to inform the project.
  • the decision the federal government makes, the actual “can you build this, yes or no,” legally has no connection to the study. But it must conduct the study in order to make that decision.
  • that permitting reform is so tough for the Democratic coalition specifically is that this process of forcing the government to amend its studies of the environmental impact of various decisions is the main tool that environmental litigation groups like Earthjustice use to slow down fossil fuel projects and use to slow down large-scale chemical or industrial projects that they don’t think should happen.
  • when we talk about making this program faster, and when we talk about making it more immune to litigation, they see it as we’re going to take away their main tools to fight fossil fuel infrastructure
  • why there’s this gap between rhetoric and what’s actually being proposed is that the same tool that is slowing down the green build-out is also what’s slowing down the fossil fuel build-out
  • ROBINSON MEYER: They’re the classic conflict here between the environmental movement classic, let’s call it, which was “think globally, act locally,” which said “we’re going to do everything we can to preserve the local environment,” and what the environmental movement and the climate movement, let’s say, needs to do today, which is think globally, act with an eye to what we need globally as well, which is, in some cases, maybe welcome projects that may slightly reduce local environmental quality or may seem to reduce local environmental quality in the name of a decarbonized world.
  • Because if we fill the atmosphere with carbon, nobody’s going to get a good environment.
  • Michael Gerrard, who is professor at Columbia Law School. He’s a founder of the Sabin Center for Climate Change Law there. It’s called “A Time for Triage,” and he has this sort of interesting argument that the environmental movement in general, in his view, is engaged in something he calls trade-off denial.
  • his view and the view of some people is that, look, the climate crisis is so bad that we just have to make those choices. We have to do things we would not have wanted to do to preserve something like the climate in which not just human civilization, but this sort of animal ecosystem, has emerged. But that’s hard, and who gets to decide which trade-offs to make?
  • what you’re not really seeing — not really, I would say, from the administration, even though they have some principles now; not really from California, though Gavin Newsom has a set of early things — is “this is what we think we need to make the I.R.A. happen on time, and this is how we’re going to decide what is a kind of project that gets this speedway through,” w
  • there’s a failure on the part of, let’s say, the environmental coalition writ large to have the courage to have this conversation and to sit down at a table and be like, “OK, we know that certain projects aren’t happening fast enough. We know that we need to build out faster. What could we actually do to the laws to be able to construct things faster and to meet our net-zero targets and to let the I.R.A. kind achieve what it could achieve?”
  • part of the issue is that we’re in this environment where Democrats control the Senate, Republicans control the House, and it feels very unlikely that you could just get “we are going to accelerate projects, but only those that are good for climate change,” into the law given that Republicans control the House.
  • part of the progressive fear here is that the right solutions must recognize climate change. Progressives are very skeptical that there are reforms that are neutral on the existence of climate change and whether we need to build faster to meet those demands that can pass through a Republican-controlled House.
  • one of the implications of that piece was it was maybe a huge mistake for progressives not to have figured out what they wanted here and could accept here, back when the negotiating partner was Joe Manchin.
  • Manchin’s bill is basically a set of moderate NEPA reforms and transmission reforms. Democrats, progressives refuse to move on it. Now, I do want to be fair here because I think Democrats absolutely should have seized on that opportunity, because it was the only moment when — we could tell already that Democrats — I mean, Democrats actually, by that moment, had lost the House.
  • I do want to be fair here that Manchin’s own account of what happened with this bill is that Senate Republicans killed it and that once McConnell failed to negotiate on the bill in December, Manchin’s bill was dead.
  • EZRA KLEIN: It died in both places.ROBINSON MEYER: It died in both places. I think that’s right.
  • Republicans already knew they were going to get the House, too, so they had less incentive to play along. Probably the time for this was October.
  • EZRA KLEIN: But it wasn’t like Democrats were trying to get this one done.
  • EZRA KLEIN: To your point about this was all coming down to the wire, Manchin could have let the I.R.A. pass many months before this, and they would have had more time to negotiate together, right? The fact that it was associated with Manchin in the way it was was also what made it toxic to progressives, who didn’t want to be held up by him anymore.
  • What becomes clear by the winter of this year, February, March of this year, is that as Democrats and Republicans begin to talk through this debt-ceiling process where, again, permitting was not the main focus. It was the federal budget. It was an entirely separate political process, basically.
  • EZRA KLEIN: I would say the core weirdness of the debt-ceiling fight was there was no main focus to it.
  • EZRA KLEIN: It wasn’t like past ones where it was about the debt. Republicans did some stuff to cut spending. They also wanted to cut spending on the I.R.S., which would increase the debt, right? It was a total mishmash of stuff happening in there.
  • That alchemy goes into the final debt-ceiling negotiations, which are between principals in Congress and the White House, and what we get is a set of basically the NEPA reforms in Joe Manchin’s bill from last year and the Mountain Valley pipeline, the thing that environmentalists were focused on blocking, and effectively no transmission reforms.
  • the set of NEPA reforms that were just enacted, that are now in the law, include — basically, the word reasonable has been inserted many times into NEPA. [LAUGHS] So the law, instead of saying the government has to study all environmental impacts, now it has to study reasonable environmental impacts.
  • this is a kind of climate win — has to study the environmental impacts that could result from not doing a project. The kind of average NEPA environmental impact study today is 500 pages and takes 4.5 years to produce. Under the law now, the government is supposed to hit a page limit of 150 to 300 pages.
  • there’s a study that’s very well cited by progressives from three professors in Utah who basically say, well, when you look at the National Forest Service, and you look at this 40,000 NEPA decisions, what mostly holds up these NEPA decisions is not like, oh, there’s too many requirements or they had to study too many things that don’t matter. It’s just there wasn’t enough staff and that staffing is primarily the big impediment. And so on the one hand, I think that’s probably accurate in that these are, in some cases — the beast has been starved, and these are very poorly staffed departments
  • The main progressive demand was just “we must staff it better.”
  • But if it’s taking you this much staffing and that much time to say something doesn’t apply to you, maybe you have a process problem —ROBINSON MEYER: Yes.EZRA KLEIN: — and you shouldn’t just throw endless resources at a broken process, which brings me — because, again, you can fall into this and never get out — I think, to the bigger critique her
  • these bills are almost symbolic because there’s so much else happening, and it’s really the way all this interlocks and the number of possible choke points, that if you touch one of them or even you streamline one of them, it doesn’t necessarily get you that f
  • “All told, over 60 federal permitting programs operate in the infrastructure approval regime, and that is just the federal system. State and local approvals and impact assessments could also apply to any project.”
  • their view is that under this system, it’s simply not possible to build the amount of decarbonization infrastructure we need at the pace we need it; that no amount of streamlining NEPA or streamlining, in California, CEQA will get you there; that we basically have been operating under what they call an environmental grand bargain dating back to the ’70s, where we built all of these processes to slow things down and to clean up the air and clean up the water.
  • we accepted this trade-off of slower building, quite a bit slower building, for a cleaner environment. And that was a good trade. It was addressing the problems of that era
  • now we have the problems of this era, which is we need to unbelievably, rapidly build out decarbonization infrastructure to keep the climate from warming more than we can handle and that we just don’t have a legal regime or anything.
  • You would need to do a whole new grand bargain for this era. And I’ve not seen that many people say that, but it seems true to me
  • the role that America had played in the global economy in the ’50s and ’60s where we had a ton of manufacturing, where we were kind of the factory to a world rebuilding from World War II, was no longer tenable and that, also, we wanted to focus on more of these kind of high-wage, what we would now call knowledge economy jobs.That was a large economic transition happening in the ’70s and ’80s, and it dovetailed really nicely with the environmental grand bargain.
  • At some point, the I.R.A. recognizes that that environmental grand bargain is no longer operative, right, because it says, we’re going to build all this big fiscal fixed infrastructure in the United States, we’re going to become a manufacturing giant again, but there has not been a recognition among either party of what exactly that will mean and what will be required to have it take hold.
  • It must require a form of on-the-ground, inside-the-fenceline, “at the site of the power plant” pollution control technology. The only way to do that, really, is by requiring carbon capture and requiring the large construction of major industrial infrastructure at many, many coal plants and natural gas plants around the country in order to capture carbon so it doesn’t enter the atmosphere, and so we don’t contribute to climate change. That is what the Supreme Court has ruled. Until that body changes, that is going to be the law.
  • So the E.P.A. has now, last month, proposed a new rule under the Clean Air Act that is going to require coal plants and some natural gas plants to install carbon capture technology to do basically what the Supreme Court has all but kind of required the E.P.A. to do
  • the E.P.A. has to demonstrate, in order to kind of make this rule the law and in order to make this rule pass muster with the Supreme Court, that this is tenable, that this is the best available and technologically feasible option
  • that means you actually have to allow carbon capture facilities to get built and you have to create a legal process that will allow carbon capture facilities to get built. And that means you need to be able to tell a power plant operator that if they capture carbon, there’s a way they can inject it back into the ground, the thing that they’re supposed to do with it.
  • Well, E.P.A. simultaneously has only approved the kind of well that you need to inject carbon that you’ve captured from a coal factory or a natural gas line back into the ground. It’s called a Class 6 well. The E.P.A. has only ever approved two Class 6 wells. It takes years for the E.P.A. to approve a Class 6 well.
  • And environmental justice groups really, really oppose these Class 6 wells because they see any carbon capture as an effort to extend the life of the fossil fuel infrastructure
  • The issue here is that it seems like C.C.S., carbon capture, is going to be essential to how the U.S. decarbonizes. Legally, we have no other choice because of the constraints the Supreme Court has placed on the E.P.A.. At the same time, environmental justice groups, and big green groups to some extent, oppose building out any C.C.S.
  • to be fair to them, right, they would say there are other ways to decarbonize. That may not be the way we’ve chosen because the politics weren’t there for it, but there are a lot of these groups that believe you could have 100 percent renewables, do not use all that much carbon capture, right? They would have liked to see a different decarbonization path taken too. I’m not sure that path is realistic.
  • what you do see are environmental groups opposing making it possible to build C.C.S. anywhere in the country at all.
  • EZRA KLEIN: The only point I’m making here is I think this is where you see a compromise a lot of them didn’t want to make —ROBINSON MEYER: Exactly, yeah.EZRA KLEIN: — which is a decarbonization strategy that actually does extend the life cycle of a lot of fossil fuel infrastructure using carbon capture. And because they never bought onto it, they’re still using the pathway they have to try to block it. The problem is that’s part of the path that’s now been chosen. So if you block it, you just don’t decarbonize. It’s not like you get the 100 percent renewable strategy.
  • ROBINSON MEYER: Exactly. The bargain that will emerge from that set of actions and that set of coalitional trade-offs is we will simply keep running this, and we will not cap it.
  • What could be possible is that progressives and Democrats and the E.P.A. turns around and says, “Oh, that’s fine. You can do C.C.S. You just have to cap every single stationary source in the country.” Like, “You want to do C.C.S.? We totally agree. Essential. You must put CSS infrastructure on every power plant, on every factory that burns fossil fuels, on everything.”
  • If progressives were to do that and were to get it into the law — and there’s nothing the Supreme Court has said, by the way, that would limit progressives from doing that — the upshot would be we shut down a ton more stationary sources and a ton more petrochemical refineries and these bad facilities that groups don’t want than we would under the current plan.
  • what is effectively going to happen is that way more factories and power plants stay open and uncapped than would be otherwise.
  • EZRA KLEIN: So Republican-controlled states are just on track to get a lot more of it. So the Rocky Mountain Institute estimates that red states will get $623 billion in investments by 2030 compared to $354 billion for blue states.
  • why are red states getting so much more of this money?
  • ROBINSON MEYER: I think there’s two reasons. I think, first of all, red states have been more enthusiastic about getting the money. They’re the ones giving away the tax credits. They have a business-friendly environment. And ultimately, the way many, many of these red-state governors see it is that these are just businesses.
  • I think the other thing is that these states, many of them, are right-to-work states. And so they might pay their workers less. They certainly face much less risk financially from a unionization campaign in their state.
  • regardless of the I.R.A., that’s where manufacturing and industrial investment goes in the first place. And that’s where it’s been going for 20 years because of the set of business-friendly and local subsidies and right-to-work policies.
  • I think the administration would say, we want this to be a big union-led effort. We want it to go to the Great Lakes states that are our political firewall.
  • and it would go to red states, because that’s where private industry has been locating since the ’70s and ’80s, and it would go to the Southeast, right, and the Sunbelt, and that that wouldn’t be so bad because then you would get a dynamic where red-state senators, red-state representatives, red-state governors would want to support the transition further and would certainly not support the repeal of the I.R.A. provisions and the repeal of climate provisions, and that you’d get this kind of nice vortex of the investment goes to red states, red states feel less antagonistic toward climate policies, more investment goes to red states. Red-state governors might even begin to support environmental regulation because that basically locks in benefits and advantages to the companies located in their states already.
  • I think what you see is that Republicans are increasingly warming to EV investment, and it’s actually building out renewables and actually building out clean electricity generation, where you see them fighting harder.
  • The other way that permitting matters — and this gets into the broader reason why private investment was generally going to red states and generally going to the Sunbelt — is that the Sunbelt states — Georgia, Texas — it’s easier to be there as a company because housing costs are lower and because the cost of living is lower in those states.
  • it’s also partially because the Sunbelt and the Southeast, it was like the last part of the country to develop, frankly, and there’s just a ton more land around all the cities, and so you can get away with the sprawling suburban growth model in those citie
  • It’s just cheaper to keep building suburbs there.
  • EZRA KLEIN: So how are you seeing the fights over these rare-earth metals and the effort to build a safe and, if not domestic, kind of friend-shored supply chain there?
  • Are we going to be able to source some of these minerals from the U.S.? That process seems to be proceeding but going slowly. There are some minerals we’re not going to be able to get from the United States at all and are going to have to get from our allies and partners across the world.
  • The kind of open question there is what exactly is the bargain we’re going to strike with countries that have these critical minerals, and will it be fair to those countries?
  • it isn’t to say that I think the I.R.A. on net is going to be bad for other countries. I just think we haven’t really figured out what deal and even what mechanisms we can use across the government to strike deals with other countries to mine the minerals in those countries while being fair and just and creating the kind of economic arrangement that those countries want.
  • , let’s say we get the minerals. Let’s say we learn how to refine them. There is many parts of the battery and many parts of EVs and many, many subcomponents in these green systems that there’s not as strong incentive to produce in the U.S.
  • at the same time, there’s a ton of technology. One answer to that might be to say, OK, well, what the federal government should do is just make it illegal for any of these battery makers or any of these EV companies to work with Chinese companies, so then we’ll definitely establish this parallel supply chain. We’ll learn how to make cathodes and anodes. We’ll figure it out
  • The issue is that there’s technology on the frontier that only Chinese companies have, and U.S. automakers need to work with those companies in order to be able to compete with them eventually.
  • EZRA KLEIN: How much easier would it be to achieve the I.R.A.’s goals if America’s relationship with China was more like its relationship with Germany?
  • ROBINSON MEYER: It would be significantly easier, and I think we’d view this entire challenge very differently, because China, as you said, not only is a leader in renewable energy. It actually made a lot of the important technological gains over the past 15 years to reducing the cost of solar and wind. It really did play a huge role on the supply side of reducing the cost of these technologies.
  • If we could approach that, if China were like Germany, if China were like Japan, and we could say, “Oh, this is great. China’s just going to make all these things. Our friend, China, is just going to make all these technologies, and we’re going to import them.
  • So it refines 75 percent of the polysilicon that you need for solar, but the machines that do the refining, 99 percent of them are made in China. I think it would be reckless for the U.S. to kind of rely on a single country and for the world to rely on a single country to produce the technologies that we need for decarbonization and unwise, regardless of our relationship with that country.
  • We want to geographically diversify the supply chain more, but it would be significantly easier if we did not have to also factor into this the possibility that the US is going to need to have an entirely separate supply chain to make use of for EVs, solar panels, wind turbines, batteries potentially in the near-term future.
  • , what are three other books they should read?
  • The first book is called “The End of the World” by Peter Brannen. It’s a book that’s a history of mass extinctions, the Earth’s five mass extinctions, and, actually, why he doesn’t think we’re currently in a mass extinction or why, at least, things would need to go just as bad as they are right now for thousands and thousands of years for us to be in basically the sixth extinction.
  • The book’s amazing for two reasons. The first is that it is the first that really got me to understand deep time.
  • he explains how one kind of triggered the next one. It is also an amazing book for understanding the centrality of carbon to Earth’s geological history going as far back as, basically, we can track.
  • “Climate Shock” by Gernot Wagner and Marty Weitzman. It’s about the economics of climate change
  • Marty Weitzman, who I think, until recently, was kind of the also-ran important economist of climate change. Nordhaus was the famous economist. He was the one who got all attention. He’s the one who won the Nobel.
  • He focuses on risk and that climate change is specifically bad because it will damage the environment, because it will make our lives worse, but it’s really specifically bad because we don’t know how bad it will be
  • it imposes all these huge, high end-tail risks and that blocking those tail risks is actually the main thing we want to do with climate policy.
  • That is I think, in some ways, what has become the U.S. approach to climate change and, to some degree, to the underlying economic thinking that drives even the I.R.A., where we want to just cut off these high-end mega warming scenarios. And this is a fantastic explanation of that particular way of thinking and of how to apply that way of thinking to climate change and also to geoengineerin
  • The third book, a little controversial, is called “Shorting the Grid” by Meredith Angwin
  • her argument is basically that electricity markets are not the right structure to organize our electricity system, and because we have chosen markets as a structured, organized electricity system in many states, we’re giving preferential treatment to natural gas and renewables, two fuels that I think climate activists may feel very different ways about, instead of coal, which she does think we should phase out, and, really, nuclear
  • By making it easier for renewables and natural gas to kind of accept these side payments, we made them much more profitable and therefore encouraged people to build more of them and therefore underinvested in the forms of generation, such as nuclear, that actually make most of their money by selling electrons to the grid, where they go to people’s homes.
drewmangan1

EU Sets Belgium an Ultimatum on CETA - WSJ - 0 views

www.wsj.com/...n-ultimatum-on-ceta-1477238529

politics economic ultimatum

shared by drewmangan1 on 26 Oct 16 - No Cached
  • A separate draft declaration, prepared by the commission for the Belgian government, says that CETA “constitutes a radical reform in investment litigation resolution,” because it will lead to the establishment of an arbitration tribunal and appeals court with judges from the EU and from Canada.
rachelramirez

Donald Trump's conflicts of interest | The Economist - 0 views

www.economist.com/...sprawl-donald-trumps-conflicts

donald trump politics economics

shared by rachelramirez on 27 Nov 16 - No Cached
  • Donald Trump’s conflicts of interest
  • outraged suspicion is mounting that the Trump Organisation could morph into a vast global network of cronyism.
  • Paul Krugman, a left-of-centre economist, has suggested that the Trump family could reap $10bn while its patriarch is in office.
  • ...8 more annotations...
  • Half of the group’s entire worth consists of five buildings: Trump Tower and two other Manhattan buildings, and passive stakes in two offices in New York and San Francisco that are controlled by Vornado, a real-estate trust that is entirely separate.
  • Trump Inc is worth perhaps $4bn, with $490m of annual revenue. Were it listed it would be the 833rd-largest firm in America by market value and 1,925th by sales
  • If Trump family members are to make a second fortune in the next four years, they will have to reinvent a mediocre firm.
  • The Trump Organisation could now profit from the presidency in two ways. First, the profits of existing assets could rise
  • What has risen fast is the volume of rooms sold in the group’s hotels, which is up by an average of 40% in 2016.
  • Mr Trump owed over $120m to Deutsche Bank according to his 2015 filing. If new Trump projects are subject to claims of conflicts and cronyism, global banks that are exposed to litigation and congressional hearings in America may not stump up.
  • But it is less clear that his firm’s value will soar.
  • Trump Inc’s value could stagnate or fall.
abbykleman

Democrats can't stop Trump nominees, but they can make confirmation very painful - 0 views

www.cnn.com/...index.html

shared by abbykleman on 01 Dec 16 - No Cached
  • abbykleman on 01 Dec 16
     
    Each nomination presents Democrats an opportunity to litigate arguments that have been at a boiling point throughout the election on a public stage, their first chance to stand up to a President that outgoing Senate Minority Leader Harry Reid called "a sexual predator who lost the popular vote and fueled his campaign with bigotry and hate" in a statement after his election.
Javier E

Can Megyn Kelly Escape Her Fox News Past? - The Atlantic - 0 views

www.theatlantic.com/...513842

fox news media propaganda politics obama

shared by Javier E on 06 Feb 17 - No Cached
  • The TV producer in Ailes saw a marketing niche, and the political operative in him saw a direct way of courting voters. Rupert Murdoch owned the network, but Ailes was its intellectual author. In the two decades since, the network has thrived without legitimate competition of any kind. It has proved to be a big tent, sheltering beneath it some excellent reporters but also a collection of blowhards, performance artists, cornballs, and Republican operatives in rehab from political failures and personal embarrassments. With the help of this antic cast, the Fox audience has come to understand something important that it did not know before: The people who make “mainstream” news and entertainment don’t just look down on conservatives and their values—they despise them.
  • Her understanding of the legal aspects of news stories and her tendency to conduct interviews as hostile cross-examinations (“Stay in bounds!” “I’ve already ceded the point!” “Don’t deflect!”) made her a riveting journalist-entertainer
  • Almost as soon as the election ended, Fox News went back to work on the mission, emphasizing a variety of themes, each intended to demonize the left. At the top of the list was the regular suggestion that Barack Obama was an America-hating radical, an elaboration of Glenn Beck’s observation (on Fox) that the president had “a deep-seated hatred for white people.” Other themes included the idea that straight white men were under ever-present threat from progressive policies and attitudes; that Planned Parenthood was a kind of front operation for baby murder; that political correctness had made the utterance of even the most obvious factual statements dangerous; and that the concerns of black America—including, especially, those of the Black Lives Matter movement—were so illogical, and so emotionally expressed, that they revealed millions of Americans to be beyond the reach of reason.
  • ...13 more annotations...
  • We will never know to what extent Fox created or merely reported on the factor that turned out to be so decisive in the election: that to be white and conscious in America was to be in a constant state of rage.
  • In the middle of all this, feeding clips of ammo into the hot Fox News machine, was Megyn Kelly. To watch her, during one of her interviews on the subject of race and policing, interrupt a black guest to ask her whether she’d ever called white people “crackers” was to see Kelly in action, fired up and ready to go. In some respects, she was an independent actor at Fox, with her own show and ultimate control of its editorial content. But she was also a cog in something turning, and what the great machine ultimately produced was President Donald Trump.
  • As she tells it, one of the first questions Ailes asked her was “how the daughter of a nurse and a college professor understood anything other than left wing dogma.” She replied that although she’d been raised in a Democratic household, she had always been apolitical. She got the job.
  • he wanted people who hadn’t been tainted by the left-wing media machine, so they could be trained in the attitudes and opinions the network had been founded to advance.
  • Kelly is an unbelievably talented broadcaster—smart, funny, quick-witted, and able to handle a bit of fluff with as much zeal as she tackles a serious story. There can’t have been anyone more telegenic in the history of the business.
  • By 2010, the network had become so popular that—according to Gabriel Sherman’s biography, The Loudest Voice in the Room—Ailes added a new goal to the mission: the election of the next president.
  • she evinced her signature political stance: free-market enthusiasm combined with Nixonian law-and-order conservatism. “Enjoy prison!” she would call out after showing a video of an especially inept criminal enterprise.
  • She popped off the screen—fun, sexy, tough—and became popular not just with conservatives but also (in the mode of a guilty pleasure) with many progressives, including her sometime nemesis Jon Stewart, who once said she was his favorite Fox personality.
  • to see her segments on Black Lives Matter—which first aired as the primaries were getting under way and continued until the general election itself—was to see how Fox often stirred up racial anger among its viewers, a kind of anger that was crucial fuel for the Republican outcome Roger Ailes so desired.
  • hen Kelly was a litigator in high-stakes lawsuits, she learned a skill of the trade: taunting her adversaries until they snapped. “I might say something passive-aggressive just to get opposing counsel mad,” she writes. “And then when he got worked up about it, I would say calmly, ‘You seem upset. Do you need a break? We can take a moment if you’d like to step outside and get yourself together.’ ” She became “an expert in making them lose their cool.”
  • n her regular application of it to black activists, she contributed to an ugly mood that was the hallmark of Fox all last year: one of white aggrievement at a country gone mad, led by a radical black president supported by irrational black protesters who were gaining power.
  • , she introduced her TV audience to Malik Shabazz, the president of Black Lawyers for Justice and a former president of the New Black Panthers Party. Shabazz is a radical—an anti-Zionist who believes that Jews dominated the Atlantic slave trade and were involved in the 9/11 attacks, he is in a sense far more radical than Bill Ayers—but Kelly did not tell the audience that. Nor did she tell them that she had had Shabazz on her show in the past. The two proved useful to each other; he got to go deep behind enemy lines to spread his theories, while she got to show her audience members a black man who really does hate them. But to the casual viewer, he seemed like merely another Black Lives Matter supporter, no more or less extreme in his views than D. L. Hughley.
  • This was Fox News last spring and summer and into the fall: a place where black guests were always a few prodding questions away from telling the audience what they really felt about whites, and a place where white hosts were quick to defend other members of their race from unfair accusations of bias. These tactics were integral to the network’s mission: to get conservative ideas out there, to help elect a Republican president, and to make exciting television while doing it. Kelly proved adept on all fronts.
Javier E

The Dark Power of Fraternities - The Atlantic - 0 views

www.theatlantic.com/...357580

fraternity university

shared by Javier E on 22 Feb 14 - No Cached
  • College fraternities—by which term of art I refer to the formerly all-white, now nominally integrated men’s “general” or “social” fraternities, and not the several other types of fraternities on American campuses (religious, ethnic, academic)—are as old, almost, as the republic.
  • While the system has produced its share of poets, aesthetes, and Henry James scholars, it is far more famous for its success in the powerhouse fraternity fields of business, law, and politics. An astonishing number of CEOs of Fortune 500 companies, congressmen and male senators, and American presidents have belonged to fraternities
  • They also have a long, dark history of violence against their own members and visitors to their houses, which makes them in many respects at odds with the core mission of college itself.
  • ...62 more annotations...
  • A recent series of articles on fraternities by Bloomberg News’s David Glovin and John Hechinger notes that since 2005, more than 60 people—the majority of them students—have died in incidents linked to fraternities, a sobering number in itself, but one that is dwarfed by the numbers of serious injuries, assaults, and sexual crimes that regularly take place in these houses.
  • I have spent most of the past year looking deeply into the questions posed by these lawsuits, and more generally into the particular nature of fraternity life on the modern American campus
  • to answer the vexing question “why don’t colleges just get rid of their bad fraternities?”—the system, and its individual frats, have only grown in power and influence. Indeed, in many substantive ways, fraternities are now mightier than the colleges and universities that host them.
  • The entire multibillion-dollar, 2,000-campus American college system
  • the Kappa Alpha Society. Word of the group spread, and a new kind of college institution was founded, and with it a brand-new notion: that going to college could include some pleasure. It was the American age of societies, and this new type fit right in.
  • every moment of the experience is sweetened by the general understanding that with each kegger and rager, each lazy afternoon spent snoozing on the quad (a forgotten highlighter slowly drying out on the open pages of Introduction to Economics, a Coke Zero sweating beside it), they are actively engaged in the most significant act of self-improvement available to an American young person: college!
  • There are many thousands of American undergraduates whose economic futures (and those of their parents) would be far brighter if they knocked off some of their general-education requirements online, or at the local community college—for pennies on the dollar—before entering the Weimar Republic of traditional-college pricing. But college education, like weddings and funerals, tends to prompt irrational financial decision making,
  • depends overwhelmingly for its very existence on one resource: an ever-renewing supply of fee-paying undergraduates. It could never attract hundreds of thousands of them each year—many of them woefully unprepared for the experience, a staggering number (some 40 percent) destined never to get a degree, more than 60 percent of them saddled with student loans that they very well may carry with them to their deathbeds—if the experience were not accurately marketed as a blast.
  • When colleges tried to shut them down, fraternities asserted that any threat to men’s membership in the clubs constituted an infringement of their right to freedom of association. It was, at best, a legally delicate argument, but it was a symbolically potent one, and it has withstood through the years. The powerful and well-funded political-action committee that represents fraternities in Washington has fought successfully to ensure that freedom-of-association language is included in all higher-education reauthorization legislation, thus “disallowing public Universities the ability to ban fraternities.”
  • While the fraternities continued to exert their independence from the colleges with which they were affiliated, these same colleges started to develop an increasingly bedeviling kind of interdependence with the accursed societies
  • the fraternities involved themselves very deeply in the business of student housing, which provided tremendous financial savings to their host institutions, and allowed them to expand the number of students they could admit. Today, one in eight American students at four-year colleges lives in a Greek house
  • fraternities tie alumni to their colleges in a powerful and lucrative way. At least one study has affirmed what had long been assumed: that fraternity men tend to be generous to their alma maters. Furthermore, fraternities provide colleges with unlimited social programming of a kind that is highly attractive to legions of potential students
  • It is true that fraternity lawsuits tend to involve at least one, and often more, of the four horsemen of the student-life apocalypse, a set of factors that exist far beyond frat row
  • the binge-drinking epidemic, which anyone outside the problem has a hard time grasping as serious (everyone drinks in college!) and which anyone with knowledge of the current situation understands as a lurid and complicated disaster
  • The second is the issue of sexual assault of female undergraduates by their male peers, a subject of urgent importance but one that remains stubbornly difficult even to quantify
  • The third is the growing pervasiveness of violent hazing on campus
  • But it’s impossible to examine particular types of campus calamity and not find that a large number of them cluster at fraternity houses
  • the fourth is the fact that Boomers, who in their own days destroyed the doctrine of in loco parentis so that they could party in blissful, unsupervised freedom, have grown up into the helicopter parents of today
  • during the period of time under consideration, serious falls from fraternity houses on the two Palouse campuses far outnumbered those from other types of student residences, including privately owned apartments occupied by students. I began to view Amanda Andaverde’s situation in a new light.
  • Why are so many colleges allowing students to live and party in such unsafe locations? And why do the lawsuits against fraternities for this kind of serious injury and death—so predictable and so preventable—have such a hard time getting traction? The answers lie in the recent history of fraternities and the colleges and universities that host them.
  • This question is perhaps most elegantly expressed in the subtitle of Robert D. Bickel and Peter F. Lake’s authoritative 1999 book on the subject, The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life?
  • The answer to this question has been steadily evolving ever since the 1960s, when dramatic changes took place on American campuses, changes that affected both a university’s ability to control student behavior and the status of fraternities in the undergraduate firmament. During this period of student unrest, the fraternities—long the unquestioned leaders in the area of sabotaging or ignoring the patriarchal control of school administrators—became the exact opposite: representatives of the very status quo the new activists sought to overthrow. Suddenly their beer bashes and sorority mixers, their panty raids and obsession with the big game, seemed impossibly reactionary when compared with the mind-altering drugs being sampled in off-campus apartments where sexual liberation was being born and the Little Red Book proved, if nothing else, a fantastic coaster for a leaky bong.
  • American colleges began to regard their students not as dependents whose private lives they must shape and monitor, but as adult consumers whose contract was solely for an education, not an upbringing. The doctrine of in loco parentis was abolished at school after school.
  • Through it all, fraternities—for so long the repositories of the most outrageous behavior—moldered, all but forgotten.
  • Animal House, released in 1978, at once predicted and to no small extent occasioned the roaring return of fraternity life that began in the early ’80s and that gave birth to today’s vital Greek scene
  • In this newly forming culture, the drugs and personal liberation of the ’60s would be paired with the self-serving materialism of the ’80s, all of which made partying for its own sake—and not as a philosophical adjunct to solving some complicated problem in Southeast Asia—a righteous activity for the pampered young collegian. Fraternity life was reborn with a vengeance.
  • These new members and their countless guests brought with them hard drugs, new and ever-developing sexual attitudes, and a stunningly high tolerance for squalor
  • Adult supervision was nowhere to be found. Colleges had little authority to intervene in what took place in the personal lives of its students visiting private property. Fraternities, eager to provide their members with the independence that is at the heart of the system—and responsive to members’ wish for the same level of freedom that non-Greek students enjoyed—had largely gotten rid of the live-in resident advisers who had once provided some sort of check on the brothers
  • , in 1984 Congress passed the National Minimum Drinking Age Act, with the ultimate result of raising the legal drinking age to 21 in all 50 states. This change moved college partying away from bars and college-sponsored events and toward private houses—an ideal situation for fraternities
  • lawsuits began to pour in.
  • Liability insurance became both ruinously expensive and increasingly difficult to obtain. The insurance industry ranked American fraternities as the sixth-worst insurance risk in the country—just ahead of toxic-waste-removal companies.
  • For fraternities to survive, they needed to do four separate but related things: take the task of acquiring insurance out of the hands of the local chapters and place it in the hands of the vast national organizations; develop procedures and policies that would transfer as much of their liability as possible to outside parties; find new and creative means of protecting their massive assets from juries; and—perhaps most important of all—find a way of indemnifying the national and local organizations from the dangerous and illegal behavior of some of their undergraduate members.
  • comprising a set of realities you should absolutely understand in detail if your son ever decides to join a fraternity.
  • you may think you belong to Tau Kappa Epsilon or Sigma Nu or Delta Tau Delta—but if you find yourself a part of life-changing litigation involving one of those outfits, what you really belong to is FIPG, because its risk-management policy (and your adherence to or violation of it) will determine your fate far more than the vows you made during your initiation ritual
  • the need to manage or transfer risk presented by alcohol is perhaps the most important factor in protecting the system’s longevity. Any plaintiff’s attorney worth his salt knows how to use relevant social-host and dramshop laws against a fraternity; to avoid this kind of liability, the fraternity needs to establish that the young men being charged were not acting within the scope of their status as fraternity members. Once they violated their frat’s alcohol policy, they parted company with the frat.
  • there are actually only two FIPG-approved means of serving drinks at a frat party. The first is to hire a third-party vendor who will sell drinks and to whom some liability—most significant, that of checking whether drinkers are of legal age—will be transferred. The second and far more common is to have a BYO event, in which the liability for each bottle of alcohol resides solely in the person who brought it.
  • these policies make it possible for fraternities to be the one industry in the country in which every aspect of serving alcohol can be monitored and managed by people who are legally too young to drink it.
  • But when the inevitable catastrophes do happen, that policy can come to seem more like a cynical hoax than a real-world solution to a serious problem.
  • Thanks in part to the guest/witness list, Larry can be cut loose, both from the expensive insurance he was required to help pay for (by dint of his dues) as a precondition of membership, and from any legal defense paid for by the organization. What will happen to Larry now?
  • “I’ve recovered millions and millions of dollars from homeowners’ policies,” a top fraternal plaintiff’s attorney told me. For that is how many of the claims against boys who violate the strict policies are paid: from their parents’ homeowners’ insurance
  • , the Fraternal Information and Programming Group’s chillingly comprehensive crisis-management plan was included in its manual for many years
  • the plan serves a dual purpose, at once benevolent and mercenary. The benevolent part is accomplished by the clear directive that injured parties are to receive immediate medical attention, and that all fraternity brothers who come into contact with the relevant emergency workers are to be completely forthright
  • “Until proven otherwise,” Fierberg told me in April of fraternities, “they all are very risky organizations for young people to be involved in.” He maintains that fraternities “are part of an industry that has tremendous risk and a tremendous history of rape, serious injury, and death, and the vast majority share common risk-management policies that are fundamentally flawed. Most of them are awash in alcohol. And most if not all of them are bereft of any meaningful adult supervision.”
  • the interests of the national organization and the individual members cleave sharply as this crisis-management plan is followed. Those questionnaires and honest accounts—submitted gratefully to the grown-ups who have arrived, the brothers believe, to help them—may return to haunt many of the brothers, providing possible cause for separating them from the fraternity, dropping them from the fraternity’s insurance, laying the blame on them as individuals and not on the fraternity as the sponsoring organization.
  • So here is the essential question: In the matter of these disasters, are fraternities acting in an ethical manner, requiring good behavior from their members and punishing them soundly for bad or even horrific decisions? Or are they keeping a cool distance from the mayhem, knowing full well that misbehavior occurs with regularity (“most events take place at night”) and doing nothing about it until the inevitable tragedy occurs, at which point they cajole members into incriminating themselves via a crisis-management plan presented as being in their favor?
  • I have had long and wide-ranging conversations with both men, in which each put forth his perspective on the situation.
  • the young men who typically rush so gratefully into the open arms of the representatives from their beloved national—an outfit to which they have pledged eternal allegiance—would be far better served by not talking to them at all, by walking away from the chapter house as quickly as possible and calling a lawyer.
  • The fraternity system, he argues, is “the largest industry in this country directly involved in the provision of alcohol to underage people.” The crisis-management plans reveal that in “the foreseeable future” there may be “the death or serious injury” of a healthy young person at a fraternity function.
  • His belief is that what’s tarnishing the reputation of the fraternities is the bad behavior of a very few members, who ignore all the risk-management training that is requisite for membership, who flout policies that could not be any more clear, and who are shocked when the response from the home office is not to help them cover their asses but to ensure that—perhaps for the first time in their lives—they are held 100 percent accountable for their actions.
  • The fraternity system, he argues, is “the largest industry in this country directly involved in the provision of alcohol to underage people.” The crisis-management plans reveal that in “the foreseeable future” there may be “the death or serious injury” of a healthy young person at a fraternity function.
  • His belief is that what’s tarnishing the reputation of the fraternities is the bad behavior of a very few members, who ignore all the risk-management training that is requisite for membership, who flout policies that could not be any more clear, and who are shocked when the response from the home office is not to help them cover their asses but to ensure that—perhaps for the first time in their lives—they are held 100 percent accountable for their actions.
  • Unspoken but inherent in this larger philosophy is the idea that it is in a young man’s nature to court danger and to behave in a foolhardy manner; the fraternity experience is intended to help tame the baser passions, to channel protean energies into productive endeavors such as service, sport, and career preparation.
  • In a sense, Fierberg, Smithhisler, and the powerful forces they each represent operate as a check and balance on the system. Personal-injury lawsuits bring the hated media attention and potential financial losses that motivate fraternities to improve. It would be a neat, almost a perfect, system, if the people wandering into it were not young, healthy college students with everything to lose.
  • In a sense, Fierberg, Smithhisler, and the powerful forces they each represent operate as a check and balance on the system. Personal-injury lawsuits bring the hated media attention and potential financial losses that motivate fraternities to improve. It would be a neat, almost a perfect, system, if the people wandering into it were not young, healthy college students with everything to lose.
  • Wesleyan is one of those places that has by now become so hard to get into that the mere fact of attendance is testament, in most cases, to a level of high-school preparation—combined with sheer academic ability—that exists among students at only a handful of top colleges in this country and that is almost without historical precedent.
  • Wesleyan is one of those places that has by now become so hard to get into that the mere fact of attendance is testament, in most cases, to a level of high-school preparation—combined with sheer academic ability—that exists among students at only a handful of top colleges in this country and that is almost without historical precedent.
  • This January, after publishing a withering series of reports on fraternity malfeasance, the editors of Bloomberg.com published an editorial with a surprising headline: “Abolish Fraternities.” It compared colleges and universities to companies, and fraternities to units that “don’t fit into their business model, fail to yield an adequate return or cause reputational harm.”
  • A college or university can choose, as Wesleyan did, to end its formal relationship with a troublesome fraternity, but—if that fiasco proves anything—keeping a fraternity at arm’s length can be more devastating to a university and its students than keeping it in the fold.
  • A college or university can choose, as Wesleyan did, to end its formal relationship with a troublesome fraternity, but—if that fiasco proves anything—keeping a fraternity at arm’s length can be more devastating to a university and its students than keeping it in the fold.
  • there is a Grand Canyon–size chasm between the official risk-management policies of the fraternities and the way life is actually lived in countless dangerous chapters.
  • When there is a common denominator among hundreds of such injuries and deaths, one that exists across all kinds of campuses, from private to public, prestigious to obscure, then it is more than newsworthy: it begins to approach a national scandal.
  • When there is a common denominator among hundreds of such injuries and deaths, one that exists across all kinds of campuses, from private to public, prestigious to obscure, then it is more than newsworthy: it begins to approach a national scandal.
Javier E

In No One We Trust - NYTimes.com - 0 views

opinionator.blogs.nytimes.com/...in-no-one-we-trust

trust inequality banking economics history

shared by Javier E on 25 Dec 13 - No Cached
  • that doesn’t mean we should stop striving for a bit more trust in our society and our economy. Trust is what makes contracts, plans and everyday transactions possible; it facilitates the democratic process, from voting to law creation, and is necessary for social stability. It is essential for our lives. It is trust, more than money, that makes the world go round.
  • , as more and more people lose faith in a system that seems inexorably stacked against them, and the 1 percent ascend to ever more distant heights, this vital element of our institutions and our way of life is eroding.
  • But events — and economic research — over the past 30 years have shown not only that we cannot rely on self-interest, but also that no economy, not even a modern, market-based economy like America’s, can function well without a modicum of trust — and that unmitigated selfishness inevitably diminishes trust.
  • ...16 more annotations...
  • Adam Smith argued forcefully that we would do better to trust in the pursuit of self-interest than in the good intentions of those who pursue the general interest. If everyone looked out for just himself, we would reach an equilibrium that was not just comfortable but also productive, in which the economy was fully efficient. To the morally uninspired, it’s an appealing idea: selfishness as the ultimate form of selflessness. (Elsewhere, in particular in his “Theory of Moral Sentiments,” Smith took a much more balanced view, though most of his latter-day adherents have not followed suit.)
  • Things didn’t turn out well for our economy or our society. As millions lost their homes during and after the crisis, median wealth declined nearly 40 percent in three years. Banks would have done badly, too, were it not for the Bush-Obama mega-bailouts.
  • This cascade of trust destruction was unrelenting. One of the reasons that the bubble’s bursting in 2007 led to such an enormous crisis was that no bank could trust another. Each bank knew the shenanigans it had been engaged in — the movement of liabilities off its balance sheets, the predatory and reckless lending — and so knew that it could not trust any other bank
  • bankers used their political influence to eviscerate regulations and install regulators who didn’t believe in them. Officials and academics assured lawmakers and the public that banks could self-regulate. But it all turned out to be a scam. We had created a system of rewards that encouraged shortsighted behavior and excessive risk-taking. In fact, we had entered an era in which moral values were given short shrift and trust itself was discounted.
  • THE banking industry is only one example of what amounts to a broad agenda, promoted by some politicians and theoreticians on the right, to undermine the role of trust in our economy. This movement promotes policies based on the view that trust should never be relied on as motivation, for any kind of behavior, in any context. Incentives, in this scheme, are all that matter.
  • So C.E.O.’s must be given stock options to induce them to work hard. I find this puzzling: If a firm pays someone $10 million to run a company, he should give his all to ensure its success. He shouldn’t do so only if he is promised a big chunk of any increase in the company’s stock market value
  • Similarly, teachers must be given incentive pay to induce them to exert themselves. But teachers already work hard for low wages because they are dedicated to improving the lives of their students. Do we really believe that giving them $50 more, or even $500 more, as incentive pay will induce them to work harder? What we should do is increase teacher salaries generally because we recognize the value of their contributions and trust in their professionalism. According to the advocates of an incentive-based culture, though, this would be akin to giving something for nothing.
  • Of course, incentives are an important component of human behavior. But the incentive movement has made them into a sort of religion, blind to all the other factors — social ties, moral impulses, compassion — that influence our conduct.
  • This is not just a coldhearted vision of human nature. It is also implausible. It is simply impossible to pay for trust every time it is required. Without trust, life would be absurdly expensive; good information would be nearly unobtainable; fraud would be even more rampant than it is; and transaction and litigation costs would soar.
  • When 1 percent of the population takes home more than 22 percent of the country’s income — and 95 percent of the increase in income in the post-crisis recovery — some pretty basic things are at stake. Reasonable people, even those ignorant of the maze of unfair policies that created this reality, can look at this absurd distribution and be pretty certain that the game is rigged.
  • Trust between individuals is usually reciprocal. But if I think that you are cheating me, it is more likely that I will retaliate, and try to cheat you. (These notions have been well developed in a branch of economics called the “theory of repeated games.”) When Americans see a tax system that taxes the wealthiest at a fraction of what they pay, they feel that they are fools to play along.
  • a deeper rot takes hold: Attitudes and norms begin to change. When no one is trustworthy, it will be only fools who trust. The concept of fairness itself is eroded. A study published last year by the National Academy of Sciences suggests that the upper classes are more likely to engage in what has traditionally been considered unethical behavior. Perhaps this is the only way for some to reconcile their worldview with their outlandish financial success, often achieved through actions that reveal a kind of moral deprivation.
  • As always, it is the poor and the unconnected who suffer most from this, and who are the most repeatedly deceived. Nowhere was this more evident than in the foreclosure crisis.
  • The banks figured out how to get court affidavits signed by the thousands (in what came to be called robo-signing), certifying that they had examined their records and that these particular individuals owed money — and so should be booted out of their homes. The banks were lying on a grand scale, but they knew that if they didn’t get caught, they would walk off with huge profits, their officials’ pockets stuffed with bonuses. And if they did get caught, their shareholders would be left paying the tab
  • But perhaps even more than opportunity, Americans cherish equality before the law. Here, inequality has infected the heart of our ideals.
  • I suspect there is only one way to really get trust back. We need to pass strong regulations, embodying norms of good behavior, and appoint bold regulators to enforce them.
Javier E

The Sidney Awards, Part 2 - NYTimes.com - 0 views

www.nytimes.com/...-the-sidney-awards-part-2.html

writing government complexity robotics jobs

shared by Javier E on 02 Jan 14 - No Cached
  • a piece in Wired called “Better Than Human: Why Robots Will — And Must — Take Our Jobs.” He asserted that robots will soon be performing 70 percent of existing human jobs.
  • “Kludgeocracy in America.” While we’ve been having a huge debate about the size of government, the real problem, he writes, is that the growing complexity of government has made it incoherent. The Social Security system was simple. But now we have a maze of saving mechanisms
  • One of the reasons we have such complex structures, Teles argues, is that Americans dislike government philosophically, but like government programs operationally. Rather than supporting straightforward government programs, they support programs in which public action is hidden behind a morass of tax preferences, obscure regulations and intricate litigation.
Javier E

In $13 Billion Settlement, JPMorgan May Have Gotten a Good Deal - NYTimes.com - 0 views

dealbook.nytimes.com/...an-may-have-gotten-a-good-deal

subprime financial

shared by Javier E on 20 Nov 13 - No Cached
  • One way to determine whether JPMorgan has gotten off lightly is to calculate the settlement payments as a percentage of the subprime and Alt-A mortgages that the bank sold. From 2004 through 2007, JPMorgan, along with Washington Mutual and Bear Stearns, sold around $1 trillion of mortgages, according to Inside Mortgage Finance, an industry publication. So far, JPMorgan has paid or set aside about $25 billion to meet claims that the loans should not have been sold. In other words, that sum is 2.5 percent of the total, though that figure could increase as the bank strikes other settlements.
  • Since the crisis, many attempts have been made to assess how many of the subprime and Alt-A mortgages inside the bonds were of too low a standard. The results are staggering.
  • Occupancy was a focus of one of the lawsuits that was wrapped into the government settlement. The suit, brought by Federal Housing Finance Agency, alleged that, in one bond deal, 15 percent of the loans were for a second home, five times the level stated in the deal’s prospectus. Most of those loans probably defaulted, which means the ultimate loss rate on the bond was probably far higher than 2.5 percent.
  • ...1 more annotation...
  • Some plaintiffs even assert that practically all the loans should never have been included in some bonds issued in 2006 and 2007. For instance, in litigation against Bear Stearns, private investors, after doing analyses of the underlying mortgages, have asserted that 80 to 100 percent of the loans did not meet minimum standards, according to a survey of court filings by Nomura bank.
Javier E

Republicans for Campaign-Finance Reform: Lindsey Graham, Chris Christie, and Ted Cruz -... - 0 views

www.theatlantic.com/...390912

campaign financing money politics reform influence

shared by Javier E on 21 Apr 15 - No Cached
  • “I’ve told my six-year-old daughter, ‘Running for office is real simple: you just surgically disconnect your shame sensor,’” he said. “Because you spend every day asking people for money.
  • Starting with the attack on the McCain-Feingold campaign-finance law in 2003, opponents have won an accelerating series of victories against similar laws. The result has completely changed the world of campaign finance. Citizens United struck down limits on independent expenditures. SpeechNow made it possible for contributions to be largely hidden. Aggregate limits on personal contributions were swept away by McCutcheon v. FEC in 2014
  • For extremely wealthy donors who want to elect candidates and influence issues, their newfound power is a godsend. After spending $92 million on super PACs in 2012, Sheldon Adelson can summon any Republican candidate he wants and has their ears to discuss Israel, his pet issue.
  • ...7 more annotations...
  • The Koch brothers have put together a coalition that intends to spend almost $1 billion in 2016. Some donors complained after McCutcheon that they'd no longer be able to hide behind limits when they didn't want to give, but the overall landscape has clearly shifted toward those writing the checks.
  • Members of Congress get the shaft, too, spending up to 12 hours a day dialing for dollars. The simple drag of having to do all that seems like a potent reason for candidates to push back
  • even as it fails to rise to the top of most voters' agendas, majorities of Democrats, Republicans, and independents have voiced concern about the corrupting influence of money in polls, and the public generally supports spending caps.
  • The candidates who are doing best at fundraising, or for whom super PACs are likely to raise money effectively, are staying tactfully quiet on the issue.
  • she also called last week for a constitutional amendment to create limits or mandate transparency for campaign cash.
  • Peter Schweizer has excited the political world with allegations of quid pro quos, in which foreign governments gave to the Clinton Foundation and Hillary Clinton, then serving as secretary of state, did them favors—essentially alleging bribery in foreign affairs
  • Shadowy organizations funded by multimillionaires, many of which scrupulously cover up their sources of donations, are going to pour huge amounts of money into trying to sway the democratic process—all in an attempt to prove that huge, insufficiently transparent infusions of cash from wealthy donors can corrupt a public servant’s policy decisions. Is this irony lost on the donors and the candidates they back, or does it simply not bother them?
1 - 20 of 79 Next › Last »
Showing 20▼ items per page