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Javier E

Big Tech Has Become Way Too Powerful - The New York Times - 0 views

  • CONSERVATIVES and liberals interminably debate the merits of “the free market” versus “the government.
  • The important question, too rarely discussed, is who has the most influence over these decisions and in that way wins the game.
  • Now information and ideas are the most valuable forms of property. Most of the cost of producing it goes into discovering it or making the first copy. After that, the additional production cost is often zero. Such “intellectual property” is the key building block of the new economy
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  • as has happened before with other forms of property, the most politically influential owners of the new property are doing their utmost to increase their profits by creating monopolies
  • The most valuable intellectual properties are platforms so widely used that everyone else has to use them, too. Think of standard operating systems like Microsoft’s Windows or Google’s Android; Google’s search engine; Amazon’s shopping system; and Facebook’s communication network
  • Despite an explosion in the number of websites over the last decade, page views are becoming more concentrated. While in 2001, the top 10 websites accounted for 31 percent of all page views in America, by 2010 the top 10 accounted for 75 percent
  • Amazon is now the first stop for almost a third of all American consumers seeking to buy anything
  • Google and Facebook are now the first stops for many Americans seeking news — while Internet traffic to much of the nation’s newspapers, network television and other news gathering agencies has fallen well below 50 percent of all traffic.
  • almost all of the profits go to the platforms’ owners, who have all of the bargaining power
  • The rate at which new businesses have formed in the United States has slowed markedly since the late 1970s. Big Tech’s sweeping patents, standard platforms, fleets of lawyers to litigate against potential rivals and armies of lobbyists have created formidable barriers to new entrants
  • The law gives 20 years of patent protection to inventions that are “new and useful,” as decided by the Patent and Trademark Office. But the winners are big enough to game the system. They make small improvements warranting new patents, effectively making their intellectual property semipermanent.
  • They also lay claim to whole terrains of potential innovation including ideas barely on drawing boards and flood the system with so many applications that lone inventors have to wait years.
  • Big Tech has been almost immune to serious antitrust scrutiny, even though the largest tech companies have more market power than ever. Maybe that’s because they’ve accumulated so much political power.
  • Economic and political power can’t be separated because dominant corporations gain political influence over how markets are maintained and enforced, which enlarges their economic power further. One of the original goals of antitrust law was to prevent this.
  • We are now in a new gilded age similar to the first Gilded Age, when the nation’s antitrust laws were enacted. As then, those with great power and resources are making the “free market” function on their behalf. Big Tech — along with the drug, insurance, agriculture and financial giants — dominates both our economy and our politics.
  • The real question is how government organizes the market, and who has the most influence over its decisions
  • Yet as long as we remain obsessed by the debate over the relative merits of the “free market” and “government,” we have little hope of seeing what’s occurring and taking the action that’s needed to make our economy work for the many, not the few.
Javier E

Lawsuits' Lurid Details Draw an Online Crowd - NYTimes.com - 0 views

  • “I don’t think any of us had any idea what the words ‘going viral’ meant when we rolled this out 10 or 12 years ago,” said James Robertson, a retired federal judge in Washington who helped guide the introduction of the federal electronic filing system.
  • In interviews, several plaintiffs’ lawyers said the current online environment was already deterring potential clients from filing suit. Now a Google search can forever portray even a successful litigant as “the complainer, or the slut who allegedly slept with the boss,” as Danielle Citron, a University of Maryland law professor, put it. Those who have suffered privacy violations, like nude pictures posted online, risk making the original damage worse if they sue, since courts are generally reluctant to allow plaintiffs to file anonymously.
  • Leigh Goodmark, another Maryland law professor, said the online boom of gender-related court documents was a harbinger of a future in which virtually no legal document — an eviction notice, a divorce pleading with embarrassing details — would be safe from public consumption.
Javier E

How One Lawyer's Crusade Could Change Football Forever - NYTimes.com - 0 views

  • Every addition to the increasing number of ways that Americans amuse themselves — D.V.R.s, streaming content on computers and mobile devices and perhaps soon our watches — benefits the lords of professional football. Their game only becomes more valuable as the number of people watching TV programs in real time shrinks
  • The sole non-N.F.L. event on the 2013 list of the Top 10 most-watched television programs was the Academy Awards broadcast, at No. 7, between two postseason playoff games. The Oscars had 40 million viewers, the Super Bowl 108 million. N.F.L. revenue last year was about $9 billion, but the stated goal of its commissioner, Roger Goodell, in 2010 was to increase that to $25 billion by 2027.
  • And yet, past the halfway point of the season, the game is as popular as ever. Ratings are up. The N.F.L.'s associated spinoffs, like the sale of licensed merchandise and participation in the fantasy-football phenomenon, continue to grow. The Buffalo Bills, one of the league’s least valuable franchises, recently changed hands for more than $1 billion. The Dallas Cowboys are worth an estimated $3.2 billion.
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  • what if the template for football’s future is not the fate of boxing but rather that of the tobacco industry?
  • About 18 percent of American adults now smoke — fewer than one in five. Tobacco’s shift from integral part of American life to its fringes took about half a century.
  • The proposed settlement has been almost universally perceived as a victory for the league. With it, the N.F.L. bought itself — cheaply, considering its $9 billion in annual revenue — a degree of short-term business certainty. It initially agreed to set aside $765 million for brain-injured players or, in the case of those who died, their heirs. After Brody, who presides over the suit, said the fund might not cover payments to all those who qualified, the league agreed to a deal with no upper limit on its liability. But because of how the settlement delineates which afflictions qualify for financial compensation and caps the awards on what can go out to individuals, the N.F.L.'s total liability, paid out over decades, may not rise much beyond $1 billion
  • That’s nothing for an entity as rich as the N.F.L. Goodell, the league’s commissioner, made $44 million last year — or nearly nine times the maximum payment for the most severely brain-damaged N.F.L. retiree.
  • But the settlement does get money into the hands of some players who need it desperately, perhaps soon. It also sets aside $112 million for lawyers, who, if the case had gone to trial, might have waited years to be paid.
  • It is shortsighted, however, to assume that the N.F.L. and its owners will emerge from the settlement unscathed or that the league’s economic and cultural status are not under threat. Now that the N.F.L. has acknowledged that its product comes with dire health consequences, the sport, below the professional level, faces legal and regulatory challenges that will most likely intensify in the coming years.
  • It’s possible that the very thing meant to protect players — new protocols that define how they should be evaluated for a possible brain injury, and how long they should be kept out of play if one is diagnosed or suspected — will actually put school districts, administrators and coaches at more legal risk. Now that they have, in a sense, been forewarned, what happens if they don’t follow the protocols or don’t have certified athletic trainers on staff or coaches smart enough to deal with possible concussions while they are also deciding on the right third-down play?
  • What’s more, insurers may in time deem the sport too risky. Health insurers might treat it as a costly risk factor like smoking or a bad driving record. As football becomes more and more regulated, many districts may reasonably conclude that it’s more than they can handle.
  • “but you have to ask how the concussions issue changes the landscape from a law-enforcement perspective. I think it has to over time, because we now know that players are suffering repeated insults to the parts of the brain that cause changes in behavior.” Rates of smoking plunged and the industry declined because tobacco use could not be made safe. The N.F.L. may be at a similar juncture now. It has instituted rules changes to make its own games less violent and is funding and promulgating supposedly less dangerous ways to play at the youth level. But there is no assurance that any of it will make football any more healthful than low-tar cigarettes made smoking. The burden will fall on the N.F.L. to litigate the concussion issue in public and prove that its sport does not rob participants of their consciousness.
  • Between 2010 and 2012, Pop Warner, the nation’s largest youth-football program, experienced a 10 percent drop in participation after years of steady growth. It attributed the decline to concerns over concussions. There’s no reason to think its numbers won’t continue to fall.
katyshannon

Justice Department Sues Ferguson After City Amends Police Reform Deal : The Two-Way : NPR - 0 views

  • The U.S. Department of Justice is suing the city of Ferguson, Mo., for unjust policing that violates the civil and constitutional rights of citizens, Attorney General Loretta Lynch announced Wednesday.
  • The lawsuit came one day after the Ferguson City Council voted to change a proposed consent decree to reform the police and courts. The council said the package, which had been negotiated between the DOJ and city officials, cost too much.
  • In a news conference, Lynch said the DOJ was sensitive to the city's cost concerns throughout the months-long negotiation. She also said, "There is no price for constitutional policing."
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  • "A few weeks ago, the Department of Justice and Ferguson's own negotiators came to an agreement that was both fair and cost-effective — and that would provide all the residents of Ferguson the constitutional and effective policing and court practices guaranteed to all Americans. As agreed, it was presented to the Ferguson City Council for approval or rejection. And last night, the city council rejected the consent decree approved by their own negotiators. Their decision leaves us no further choice."
  • She also said she was disappointed that Ferguson had not approved the deal, as the goal of the negotiation was to avoid litigation.
  • A year after the DOJ announced the findings of its investigation into the Ferguson Police Department, Lynch said the people of Ferguson should not have to wait any longer for "their city to adopt an agreement that would protect their rights and keep them safe." She said the violations by the police and courts in Ferguson "were not only egregious — they were routine."
  • The lawsuit alleges a "pattern or practice of law enforcement conduct that violates the First, Fourth and 14th Amendments of the Constitution and federal civil rights laws," Lynch said. "We intend to aggressively prosecute this case and I have no doubt that we will prevail."
katyshannon

South Dakota Could Pass 'Bathroom Bill' Affecting Transgender Students | TIME - 0 views

  • South Dakota is on the cusp of becoming the first state in the nation to require public school students to use facilities like bathrooms based on their “chromosomes and anatomy” at birth.
  • The so-called “bathroom bill,” which passed the state House in early February and is being debated by the state Senate Tuesday, marks a revival of the charged fights that played out in states across the country in 2015.
  • At least five other states have considered similar “bathroom bills” this session, and scores of other measures that LGBT rights advocates consider discriminatory are pending in legislatures around the U.S.
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  • Among them are variations on a proposal that exploded in Indiana last year, when controversy over a so-called religious freedom law became a flashpoint in the ongoing debate over religious belief and legal equality. The Hoosier State’s measure led to an estimated $60 million in lost revenue, and after weeks of economic and political pressure, Indiana Governor Mike Pence approved revisions to the law clarifying that businesses couldn’t use it to turn away LGBT patrons.
  • To many supporters, these bills are necessary to protect deeply held religious beliefs and are worth the controversy and lost revenue. To critics, however, the measures seemed aimed at allowing people to treat LGBT citizens differently, based on moral opposition to homosexuality and transgenderism, and serve as a reminder that the lessons of the Indiana fight were fleeting.
  • The fight in South Dakota echoes earlier clashes over gender identity and bathroom use of transgender people. The sponsor of the South Dakota bathroom measure, state Rep. Fred Deutsch, has argued in committee testimony that it is necessary to protect the “bodily privacy rights” of “biologic boys and girls” and that transgender students should be offered alternate accommodations if they do not wish to use the facilities that correspond to their sex assigned at birth.
  • The fight has played out at the state level largely because there is no federal law that bans discrimination based on sexual orientation or gender identity. The Equality Act, a federal bill that would create such protections, is unlikely to go anywhere in a Republican-controlled Congress.
  • Rebecca Dodds, the mother of a transgender son who recently graduated from high school in the state’s famed Black Hills, said compelling students to use a separate facility could force them to out themselves to their peers, which could lead to harassment or violence.
  • Though the bill does not specify what those accommodations would be, schools that have dealt with conflicts over bathroom use have often instructed transgender students to use staff or nurse facilities, or facilities in buildings separate from their peers. The Department of Justice has issued several rulings and opinions that say such treatment of transgender students amounts to sex discrimination under Title IX, though federal courts are still weighing the issue.
  • It extends protections for people with three moral beliefs that are laid out in the bill’s text: (1) Marriage is or should only be recognized as the union of one man and one woman (2) Sexual relations are properly reserved to marriage (3) The terms male or man and female or woman refer to distinct and immutable biological sexes that are determined by anatomy and genetics by the time of birth.
  • While critics worry about such bills being used to turn away LGBT people from housing, jobs or businesses, they also worry it could open the door to a broader insertion of personal morality in the public sphere. A pharmacist might, for instance, refuse to fill a birth control prescription for an unmarried woman or a child care agency might refuse to look after a boy or girl with gay parents, without risk of losing their state licenses.
  • Speaking in support of the bathroom bill, a representative from South Dakota Citizens for Liberty said the measure offers a good compromise: “It allows for the sensitive accommodation of students who are experiencing personal trials,” Florence Thompson testified at a hearing of the Senate education committee on Feb. 11. “And does so without giving preferential treatment to a tiny segment of the student population at the expense of the privacy rights of the vast majority.”
  • Meanwhile, the majority of states lack LGBT non-discrimination laws, although a bill in Pennsylvania will likely add sexual orientation and gender identity to the state’s non-discrimination protections.
  • In Georgia, where lawmakers are considering at least four religious freedom bills, a group of businesses—including Coca-Cola, AT&T and Delta—has formed to promote “inclusive” policies, explicitly mentioning sexual orientation and gender identity as qualities that should be respected.
  • In South Dakota, dollars and cents may determine whether the bathroom bill passes too, with the ACLU arguing that the passage of such a law would put the state in direct conflict with federal policy—and therefore all but guarantee costly litigation for school districts that are forced to choose to follow one or the other. Failing to comply with guidance from the Department of Education, which has said that students’ gender identities must be respected, could run the risk of costing local districts hundreds of millions in federal funds.
  • Yet supporters like Deutsch say that the guidance coming from the federal government is the reason such bills are needed, so that South Dakota won’t be pressured into providing facility access for transgender students that is not yet explicitly laid out in federal law.
katyshannon

Supreme Court Strikes Down Florida Death Penalty Law - NBC News - 0 views

  • The U.S. Supreme Court on Tuesday declared Florida's death penalty law unconstitutional because it requires the trial judge and not the jury to make the critical findings necessary to impose capital punishment.
  • The state's current system is at odds with a string of Supreme Court cases which held that facts that add to a defendant's punishment — known as aggravating circumstances — must be found by a jury.
  • "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's mere recommendation is not enough," wrote Sonia Sotomayor for the court's 8-1 majority.
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  • The ruling means the case of Timothy Lee Hurst, who was convicted of the stabbing murder of his co-worker in 1998, goes back to the lower courts.
  • It's not yet clear how many other cases — including the 400 inmates on the state's death row — could be affected, experts said.
  • "The substance of the ruling would affect the vast majority of Florida's death row inmates," said Robert Dunham, executive director of the Death Penalty Information Center, which opposes capital punishment. "The remaining question would be: Will the Supreme Court consider this to have retroactive effect and retroactive to when?" He said he expects the ruling will unleash a wave of litigation.
  • Connie Fuselier, the mother of Hurst's victim, said she doesn't care if he is executed at this point, but she can't bear the thought of more legal proceedings. "It's been hell," she told NBC News. "When you get to thinking it's over with, it starts all over again. It's nerve-racking."
  • At one point during the many appeals the case has spawned, Fuselier said, she told the prosecutor she'd be satisfied with a sentence of life without parole.
  • "I just want it over with. I want to know he has no more appeals," she said. She said the case's 17-year journey through the courts, with the rehashing of the gruesome details of her daughter's death, has taken a toll on the family. "I have post-traumatic stress. I have depression," she said. "It's like the family evaporated. We're all here, but it's like we're not."
johnsonma23

Amnesty is not immigration reform - 0 views

  • Voting rights advocates observe somber King holiday
  • While most of the country will spend the Martin Luther King Jr. holiday remembering the peaceful nature and civil rights successes lodged by the late leader, voting rights advocates say this is a dark time for them.
  • Many might spend Monday reflecting on King's 1965 Selma-to-Montgomery march to push for voting equality for black Americans,
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  • voting rights advocates note that there has been a major setback in their world.
  • Also, 33 states now have Voter ID laws in place with increased identification requirements for people seeking to cast ballots
  • controversial one for civil rights advocates, who maintain that some groups of Americans, including older people and minorities, are less likely to have the sort of identification that would be required.
  • acts of civil disobedience and even a mid-April march from
  • What many view as the gutting of the Voting Rights Act has prompted civil rights advocates to take action. A coalition of 100 organizations including the NAACP will stage a string of protests
  • “I anticipate arrests, in and outside the Capitol,” Brooks said. “Congress allowing the Voting Rights Act to be gutted has disrupted our democracy … so our democracy should get back to functioning as it should.”
  • Rights that had appeared to be resolved as matters of controversy in American politics are unfortunately once again up for grabs. It’s hard to imagine what’s more American than insuring the right to vote for all Americans, and what could be more un-American than impeding it?”
  • "We are making it very clear that we're protecting the right to vote, insuring the integrity of the right to vote and getting out the vote. This is not all of us registering people to vote and waiting for November with polite patience."
  • Citizen Cruz: Our view
  • Legal case against the Canadian-born senator's eligibility is weak, but not non-existent.
  • The most boisterous exchange in Thursday night's Republican debate was not over terrorism, guns or the economy. It was over Texas Sen. Ted Cruz’s eligibility under the Constitution
  • to run for president because
  • “Democrats are going to be bringing a suit,” Trump predicted, adding, “There’s a big question mark on your head.”
  • the chances of any litigation proceeding and succeeding on this are zero.”
  • Cruz is as American as anybody born on U.S. soil.  And Trump, by suggesting that the Constitution’s “natural born” citizen clause could actually keep Cruz out of the White House, is trying to eliminate an oppone
  • the founders wrote that only "a natural born citizen" is eligible to be president. They  did not define the phrase further.
  • Cruz was born in Canada, but there is no doubt that he is an American citizen because his mother was a U.S. citizen.
  • 1787, the founders feared that some foreign-born interloper, perhaps from England, might come to the USA and seek the presidency for nefarious reasons
  • candidacies of others have been challenged on this point. Former Michigan governor George Romney, who was born in Mexico to two American parents and ran for the 1968 GOP nomination, was threatened with legal action before he dropped out for other reasons.
  • The overwhelming weight of legal scholarship is on Cruz’s side. Many scholars assert that an infant born to an American parent, regardless of location, acquires citizenship “at birth” and therefore passes the “natural born” test
  • They argue that the meaning of “natural born” should be viewed in the context of the 1700s, when where you were born was the controlling factor.
  • In 2008, a bipartisan Senate resolution was passed by unanimous consent, asserting that McCain was indeed a “natural born” citizen
  • If the problem can't be fixed legislatively, a constitutional amendment would be necessary. Those are hard to pass, as Sen. Orrin Hatch, R-Utah, discovered after he introduced one in 2003 that would have allowed anyone who has been a citizen for 20 years, and is otherwise eligible, to become presiden
  • Amnesty is not immigration reform: Opposing view
  • There have been several legislative attempts to overhaul U.S. immigration policy over the past decade. All of them failed
  • how immigration affects the economic, social and national security interests of the American people — was, at best, an afterthought.
  • Immigration has taken center stage in the 2016 campaign because many Americans have come to recognize that it is a policy without any definable public interest objective
  • Granting amnesty — euphemistically called “a pathway to citizenship” — is not immigration reform
  • institutionalizes the government’s failure to protect the interests of the American people, and encourages still more illegal immigration.
  • amnesty benefits illegal aliens, it does not promote any public interest. Nearly half of all adult illegal aliens have not completed high schoo
  • high-productivity, high-earning workers. What it will do, over time, is make them eligible to add to the 51% of immigrant-headed households in the U.S. that rely on some form of welfare.
  • Amnesty would also exacerbate the already alarming erosion of America’s middle class, as former illegal aliens would be eligible to compete legally for all U.S. jobs and petition for millions more similarly skilled relatives to join them here.
  • The American people are seeking a new direction in the long simmering debate over immigration.
Javier E

Southern Baptist Convention's flagship seminary details its racist, slave-owning past i... - 0 views

  • More than two decades after the Southern Baptist Convention — the country’s second-largest faith group — apologized to African Americans for its active defense of slavery in the 1800s, its flagship seminary on Wednesday released a stark report further delineating its ties to institutionalized racism.
  • The year-long study by the Southern Baptist Theological Seminary found that all four founding faculty members owned slaves and “were deeply complicit in the defense of slavery,
  • The report also noted that the seminary’s most important donor and chairman of its Board of Trustees in the late 1800s, Joseph E. Brown, “earned much of his fortune by the exploitation of mostly black convict lease laborers,” employing in his coal mines and iron furnaces "the same brutal punishments and tortures formerly employed by slave drivers.”
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  • Many of the founding faculty members' "throughout the period of Reconstruction and well into the twentieth century, advocated segregation, the inferiority of African-Americans, and openly embraced the ideology of the Lost Cause of southern slavery,” that recast the South as an idyllic place for both slaves and masters and the Civil War as a battle fought over Southern honor, not slavery
  • The faculty opposed racial equality after Emancipation and advocated for the maintenance of white political control and against extending suffrage to African Americans, the report said
  • In the nineteenth and early twentieth centuries, the seminary faculty relied on pseudoscience to justify its white supremacist positions, concluding that "supposed black moral inferiority was connected to biological inferiority,
  • “It is past time that The Southern Baptist Theological Seminary — the first and oldest institution of the Southern Baptist Convention, must face a reckoning of our own,” Mohler wrote.
  • a spokesman for Mohler, said the theologian launched the historical investigation because people asked him specific questions “he didn’t know the answer to. We knew there was involvement. We didn’t know the full history.
  • What does matter, the experts said, are the actions the seminary takes from here and whether it makes reparations.
  • Jemar Tisby, a historian who writes about race and Christianity, said he expects many white Evangelicals will push back on the report by saying the seminary is being divisive and re-litigating its past
  • The school’s leadership needs to sit down with racial and ethnic minorities and “let themselves be led” to racial reconciliation, Tisby said. “They are at the very beginning of the journey,”
  • Critics and other observers said the Southern Baptist Convention for too long has been hesitant to take full ownership of its past, for decades framing its split with northern Baptists as one over theological differences, not slavery
  • “I think that what he’s trying to do is he’s trying to force the Convention to have a conversation on race and racism that the Convention has really not wanted to have,
  • while the report is “a step in the right direction,” some sections seem to soften the severity of the seminary’s racist actions. He called the report’s description of faculty’s mixed record on the civil rights movement “double-handed”
  • In 1995, the Southern Baptist Convention adopted a resolution stating its explicit connection to slavery: “Our relationship to African-Americans has been hindered from the beginning by the role that slavery played in the formation of the Southern Baptist Convention; many of our Southern Baptist forbears defended the right to own slaves, and either participated in, supported, or acquiesced in the particularly inhumane nature of American slavery; and in later years Southern Baptists failed, in many cases, to support, and in some cases opposed, legitimate initiatives to secure the civil rights of African-Americans.”
  • Mohler wrote in the report. “At that time, I think it is safe to say that most Southern Baptists, having made this painful acknowledgment and lamenting this history, hoped to dwell no longer on the painful aspects of our legacy. That is not possible, nor is it right,” he wrote. “We have been guilty of a sinful absence of historical curiosity. We knew, and we could not fail to know, that slavery and deep racism were in the story."
  • “[T]he moral burden of history requires a more direct and far more candid acknowledgment of the legacy of this school in the horrifying realities of American slavery, Jim Crow segregation, racism and even the avowal of white racial supremacy,” Mohler wrote in the report. “The fact that these horrors of history are shared with the region, the nation, and with so many prominent institutions does not excuse our failure to expose our own history, our own story, our own cherished heroes, to an honest accounting — to ourselves and to the watching world.”
  • There have also been notable stumbles. The group voted at its annual meeting in 2017 to condemn the white nationalist movement known as the alt-right — but only after it faced backlash to an earlier decision not to vote on the issue.
andrespardo

Trader Joe's and other US firms suppress unionization efforts during pandemic | World n... - 0 views

  • Companies, including grocery chains Trader Joe’s and Whole Foods, airport concession operators, local authorities and even a furniture company owned by the billionaire Warren Buffett have moved to control efforts to unionize as workers become increasingly concerned about workplace safety during the emergency.
  • “It’s a blatant anti-union letter,” said a Trader Joe’s employee in New Jersey who requested to remain anonymous for fear of retaliation. “It’s in bad taste and shows the greed this company has instead of taking proactive measures to keep the crew and customers safe.” A Trader Joe’s spokesperson told the Guardi
  • As workers on the frontlines of the coronavirus pandemic have organized protests and strikes, several employers have responded by stepping up attempts to oppose unionization, repeal workers’ rights won in bargaining, and fire workers en masse who had recently publicized intent to organize a union in their workplace.
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  • HMSHost, over the lack of coronavirus safety protections, which included continuing to hold anti-union captive audience meetings during the pandemic. A union election for workers to join Unite Here scheduled for late March was delayed and is currently being rescheduled due to the pandemic.
  • “To them, the union was a more important issue than the coronavirus. They made sure to give us papers about the union, but didn’t give us training or protective equipment for us in the stores.”
  • Citing the pandemic, the manager of Clark county, Nevada, unilaterally suspended all union contracts with the county.
  • The Teamsters union has filed federal unfair labor practice charges of unlawful termination against CORT furniture, a subsidiary of billionaire Warren Buffett’s Berkshire Hathaway, accusing the furniture rental company of retaliating against workers for supporting unionization just as the pandemic broke in the US.
  • CORT furniture declined to comment, citing pending litigation.
  • Amazon-owned Whole Foods is using a data-powered heat mapping tool to monitor unionization risks among its over 500 stores throughout the US, as workers have held sick-out protests in response to a lack of protections for workers during the pandemic. Workers at the online clothing retailer Everlane and the art logistics company Uovo have filed federal labor charges accusing the companies of firing workers during the pandemic for union organizing.
  • According to a December 2019 EPI study, in over 40% of union organizing campaigns an employer violates the law. “This is an extreme moment we’re in, but unfortunate
  • better pay and better health and safety provisions,” added McNicholas.
katherineharron

Fact check: False claims from Trump's White House briefing on coronavirus - CNNPolitics - 0 views

  • Trump delivered an indignant screed about claims that he was slow in responding to the coronavirus outbreak, repeatedly citing the travel restrictions on China he announced in late January and began in early February.
  • Trump also falsely claimed he has "total" authority over states' coronavirus restrictions
  • "He has since apologized and he said I did the right thing," Trump said
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  • Rather, the campaign says Biden's January 31 accusations -- that Trump has a record of "hysterical xenophobia" and "fear mongering" -- were not about the travel restrictions at all.
  • Biden's campaign announced in early April that he supports Trump's travel restrictions on China, so part of Trump's Monday claim is correct.
  • Biden has not apologized for having called Trump xenophobic.
  • At Monday's briefing, Trump implied that he had inherited flawed coronavirus tests from President Barack Obama's administration.
  • Since this is a new virus that was first identified this year, the tests for it are newly created, not inherited from the Obama administration.
  • "He is lying. He is lying 100%. He is lying because he is trying to shift blame to others, even if the attempt is totally nonsensical,
  • "When somebody's the President of the United States, the authority is total, and that's the way it's got to be,"
  • Trump then said: "The authority of the President of the United States having to do with the subject we're talking about is total." And after speaking about local governments, he said, "They can't do anything without the approval of the President of the United States."
  • The President does not have "total" authority over coronavirus restrictions. Without seeking or requiring Trump's permission, governors, mayors and school district officials imposed the restrictions that have kept citizens at home and shut down schools and businesses, and it's those same officials who have the power to decide when to lift those restrictions.
  • "He can strongly encourage, advise, or even litigate whether states' authorities to restrict public movements re: shelter in place or stay home orders are warranted, but cannot tell sovereign governors to lift these orders all at once just because the federal government determines it is high time to do so,"
  • "This tweet is just false. The President has no formal legal authority to categorically override local or state shelter-in-place orders or to reopen schools and small businesses.
  • Trump did not personally shut down the economy
  • When CNN's Kaitlan Collins asked him who told him he has "total" authority, he did not answer directly, instead saying, "We're going to write up papers on this."
  • "Congress has delegated the President a bunch of powers for emergencies, but this isn't among them," Vladeck told CNN.
  • "I like to allow governors to make decisions without overruling them, because from a constitutional standpoint, that's the way it should be done. If I disagreed, I would overrule a governor, and I have that right to do it. But I'd rather have them -- you can call it 'federalist,' you can call it 'the Constitution,' but I call it 'the Constitution.' I would rather have them make their decisions."
  • "I did a ban on China, you think that was easy? Then I did a ban on Europe and many said it was an incredible thing to do."
  • It's misleading to call the travel restrictions Trump announced against China and Europe a ban because they contained multiple exemptions
  • The broader European travel suspension Trump announced on March 11 applied to the 26 countries in the Schengen Area, a European zone in which people can move freely across internal borders without being subjected to border checks.
  • Trump asserted on several occasions during Monday's briefing that governors across the country are satisfied with his administration's efforts to get states supplies and hospital capacity they need to handle coronavirus patients. Facts First: Trump's assertions ignore the fact that some governors have said this week that they still need medical equipment and are struggling with hospital bed capacity.
  • "I mean everybody still has tremendous needs on personal protective equipment and ventilators and all of these things that you keep hearing about. Everybody's fighting to find these things all over the -- all over the nation and all over the world."
Javier E

An Exit Interview With Richard Posner, Judicial Provocateur - The New York Times - 0 views

  • He called his approach to judging pragmatic. His critics called it lawless.
  • “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
  • The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
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  • I asked him about his critics, and he said they fell into two camps.
  • The immediate reason for his retirement was less abstract, he said. He had become concerned with the plight of litigants who represented themselves in civil cases, often filing handwritten appeals. Their grievances were real, he said, but the legal system was treating them impatiently, dismissing their cases over technical matters.
  • “A lot of the people who say that are sincere,” he said. “That’s their conception of law. That’s fine.”
  • Some, he said, simply have a different view of the proper role of the judge. “There is a very strong formalist tradition in the law,” he said, summarizing it as: “Judges are simply applying rules, and the rules come from somewhere else, like the Constitution, and the Constitution is sacred. And statutes, unless they’re unconstitutional, are sacred also.”
  • He said he had less sympathy for the second camp. “There are others who are just, you know, reactionary beasts,” he said. “They’re reactionary beasts because they want to manipulate the statutes and the Constitution in their own way.”
  • low level of intelligence,” he said. “I gradually began to realize that this wasn’t right, what we were doing.”
  • Judge Posner said he hoped to work with groups concerned with prisoners’ rights, with a law school clinic and with law firms, to bring attention and aid to people too poor to afford lawyers.
  • In one of his final opinions, Judge Posner, writing for a three-judge panel, reinstated a lawsuit from a prisoner, Michael Davis, that had been dismissed on technical grounds.
  • “The basic thing is that most judges regard these people as kind of trash not worth the time of a federal judge,” he said.
honordearlove

Will Trump Direct FEMA to Fund Churches Hit by Harvey? - The Atlantic - 0 views

  • According to the stated policy of the Federal Emergency Management Agency, or FEMA, houses of worship cannot receive funding from the agency’s public-assistance program, which provides money for emergency fire and rescue services, medical care, urgent debris removal, and critical utility repairs in the wake of disasters.
  • Faith-based organizations, including churches, synagogues, and mosques, provide an extraordinary amount of support during natural disasters. Greg Forrester—the president and CEO of the National Voluntary Organizations Active in Disaster, an association of relief groups—told USA Today that non-profits are responsible for 80 percent of recovery efforts, and most of those are faith-based.
  • . “Our faith is what drives us to help others. Faith certainly doesn’t keep us from helping others, and we’re not sure why it keeps FEMA from helping us.”
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  • The timeline for FEMA funding is tight. The president has to declare an emergency or national disaster, and affected organizations generally have to request public assistance within 30 days. In their lawsuit, the three Texas churches requested expedited relief, arguing that they only have until that 30-day deadline—September 26—to win protection “against FEMA’s discrimination.”
  • ut the problem is that “this seems to be policy that is made disaster by disaster.” Even if the president directs FEMA to do something, the agency could later face lawsuits for doing so. In this case, critics could argue that such funding violates the Establishment Clause of the First Amendment of the Constitution.
  • Constitutionally speaking, “the real question comes down to whether this is framed as a public-safety, emergency-relief action or whether it’s framed as helping a church get a new building,” said Richard Garnett, a professor of law and political science at the University of Notre Dame. “Nobody thinks it’s unconstitutional for a fire truck to put out a fire at a church, and clearly there aren’t different Establishment Clause rules for fires and floods. But are there different rules for putting out fires and repairing a building after it burns?”
  • As the churches say in their lawsuit: “Mold will not wait for litigation process to spread through the churches’ buildings; storm and flood debris will not stop rotting while the government processes their claims.”
clairemann

Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis - SCOTUSblog - 0 views

  • The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was ineligible for the death penalty on the basis of intellectual disability and that he should have been allowed to seek a sentencing reduction under a 2018 prison-reform law.
  • The two appeals were the subject of a flurry of last-minute litigation, in multiple federal courts, that reached the justices minutes before Johnson’s originally scheduled execution time of 6 p.m. on Thursday. In two unsigned orders issued around 10 p.m. (available here and here), the court denied both appeals.
  • Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan indicated that they would have put the execution on hold based on Johnson’s COVID diagnosis. Sotomayor and Kagan separately indicated that they also would have granted a stay based on Johnson’s other legal arguments.
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  • In their first appeal, Johnson’s lawyers raised two issues: intellectual disability and eligibility for resentencing.
  • In the second appeal, lawyers for Johnson and Higgs contended that putting their clients to death by lethal injection while their lungs were still recovering from damage due to the coronavirus would subject them to unconstitutional levels of suffering, in violation of the Eighth Amendment’s ban on cruel and unusual punishment.
anonymous

Georgia's election law: How the Supreme Court laid the path - CNNPolitics - 0 views

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  • Georgia's voter restrictions were dashed into law Thursday by Republicans shaken over recent election losses and lies about fraud from former President Donald Trump, yet the measures also developed against a backdrop of US Supreme Court decisions hollowing out federal voting rights protection.
  • In another world, before the 2013 Shelby County v. Holder decision written by Chief Justice John Roberts, Georgia would have had to obtain federal approval for new election practices to ensure they did not harm Blacks and other minority voters.
  • And at another time, before the Roberts Court enhanced state latitude in a series of rulings, legislators might have hedged before enacting policies from new voter identification requirements, to a prohibition on third-party collection of ballots to a rule against non-poll workers providing food or water to voters waiting in lines. But the conservative court has increasingly granted states leeway over how they run elections.
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  • As the justices have turned away challenges to state policies, they have expressed sympathy for local officials who face potentially intrusive federal regulation and protracted litigation. Led by Roberts, the court has also dismissed concerns about the consequences for minority voters as it has curtailed the reach of the 1965 Voting Rights Act.
  • That case from Shelby County, Alabama, centered on a provision of the 1965 act that required states with a history of discrimination to seek approval from the Department of Justice or a federal court before changing electoral policy. By a 5-4 vote, the court invalidated the provision that still covered nine states, including Georgia.
  • The justices are now considering, in a recently argued Arizona case, the strength of a separate Voting Rights Act provision that prohibits any measure that denies someone the right to vote because of race. Unlike the "pre-clearance" provision previously in dispute, this section of the law comes into play after legislation has taken effect and puts the burden on those protesting the law to initiate a lawsuit.
  • Resolution of that Arizona case, known as Brnovich v. Democratic National Committee, will have repercussions for controversy over laws like Georgia's, which were immediately challenged Thursday night by advocates who say they will disproportionately hurt Blacks.
  • Across the country, Republican legislators have proposed voting changes that would reverse the pandemic-era steps that made it easier for people to vote last November, especially by mail, and led to record numbers of votes cast.
  • Congress passed the 1965 Voting Rights Act soon after the Bloody Sunday march in Selma, Alabama. The law reflected the reality of the time that although the Fifteenth Amendment barred racial bias in voting, Blacks were still deterred from casting ballots through poll taxes, literacy tests and other rules.
  • Roberts has also made clear that he abhors remedies tied to race, saying in a 2006 voting-rights case: "It is a sordid business, this divvying us up by race." Yet in the aftermath of the polarizing 2020 election, the country and the high court may be headed for a new chapter of voting-rights cases of a deeper partisan character, intensifying concerns about the future of the Voting Rights Act, as well as First Amendment guarantees of free speech and association.
  • Georgia's law, signed by Gov. Brian Kemp on Thursday, emerges from Republican efforts nationwide, particularly in battleground states that experienced record turnout and Democratic victories last November. Among its myriad provisions, the Georgia law imposes new voter identification requirements for absentee ballots and empowers state officials to take over local election boards.
  • The three voting rights groups that sued - the New Georgia Project, the Black Voters Matter Fund and Rise Inc. -- grounded their complaint in the Voting Rights Act and in the First and Fourteenth Amendments.
  • The challengers emphasized Georgia's history of racial discrimination. "(V)oting in Georgia is highly polarized, and the shameful legacy of racial discrimination is visible today in Georgia's housing, economic, and health disparities," they wrote, adding that the new law "interacts with these vestiges of discrimination" to deny equal opportunity in the political process. Lower federal court judges have struggled over the standard for assessing the denial of voting rights, and that dilemma is at the heart of the Supreme Court's new Arizona controversy.
  • In dispute are laws require ballots cast by people at the wrong precinct to be discarded and bar most third parties -- beyond a relative or mail carrier -- from collecting absentee ballots, for example, at a nursing home.
  • During oral arguments, Roberts and fellow conservatives focused on potential voter fraud and highlighted state authority for overseeing elections. Arizona officials argued that the measures would help prevent voter coercion and other irregularities, as the challengers contended that the new requirements would especially disenfranchise Native Americans and other minorities.
  • The high court's resolution of the Arizona controversy could have a dramatic impact on the raft of new legislation and ultimately how easy it is for minorities to register and vote. Resolution is expected by the end of June.
katherineharron

Kim Reynolds, Iowa governor, signs controversial law shortening early and Election Day ... - 0 views

  • Republican Iowa Gov. Kim Reynolds on Monday signed into law a controversial bill aimed at limiting voting and making it harder for voters to return absentee ballots, her office announced Monday.
  • The legislation, which passed both Republican-controlled chambers of the state legislature last month, will reduce the number of early voting days from 29 days to 20 days.
  • It will also close polling places an hour earlier on Election Day (at 8 p.m. instead of 9 p.m.).
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  • The bill additionally places new restrictions on absentee voting including banning officials from sending applications without a voter first requesting one and requiring ballots be received by the county before polls close on Election Day.
  • "It's our duty and responsibility to protect the integrity of every election. This legislation strengthens uniformity by providing Iowa's election officials with consistent parameters for Election Day, absentee voting, database maintenance, as well as a clear appeals process for local county auditors," Reynolds said in a statement Monday.
  • The new law drew immediate backlash from Democrats in the state, including a tweet from the Iowa Democratic party stating, "We deserve better."
  • Democratic election attorney Marc Elias similarly called the law "the first major suppression law since the 2020 election" in a tweet and noted that litigation could be forthcoming.
yehbru

Whistleblowers Allege Improper Hiring At Justice Department During Trump's Last Days : NPR - 0 views

  • Two whistleblowers assert that a Justice Department official improperly injected politics into the hiring process during his waning days in the Trump administration, according to a new filing obtained by NPR.
  • The whistleblowers accuse Jeffrey Bossert Clark of conducting a "sham" process and elevating a person who volunteered to defend a controversial Trump policy on abortion access, even though the person had far less experience than other finalists for the job in the Civil Division, they said in a Wednesday letter to House and Senate lawmakers and the Justice Department's inspector general
  • The whistleblowers said that Clark's participation in the hiring process for an assistant director of the Civil Division was unusual and that he engaged in "perfunctory" 15-minute interviews with two more highly qualified finalists for the post.
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  • "What set the successful appointee apart from the other candidates was that the appointee — unlike the others — had volunteered and was part of the DOJ litigation team defending a controversial Trump administration policy," according to their letter.
  • "Mr. Clark's last-minute politicization of the DOJ hiring process and issuance of policy memoranda — capped by his willingness to participate in what was close to an attempted coup d'état — demands immediate, close and transparent oversight and investigations."
anonymous

Opinion | Trump Health Care Policies That Biden Should Consider Keeping - The New York ... - 0 views

  • But as the current administration works to reverse the actions of its predecessor, it should recognize that former President Donald Trump introduced some policies on medical care and drug price transparency that are worth preserving.
  • o be clear, the Trump administration, generally, put the health care of many Americans in jeopardy: It spent four years trying to overturn the Affordable Care Act, despite that law’s undeniable successes, and when repeal proved impossible, kneecapped the program in countless ways. As a result of those policies, more than two million people lost health insurance during Mr. Trump’s first three years. And that’s before millions more people lost their jobs and accompanying insurance during the early days of the Covid-19 pandemic.
  • These master price lists span hundreds of pages and are hard to decipher. Nonetheless, they give consumers a basis to fight back against outrageous charges in a system where a knee replacement can cost $15,000 or $75,000 even at the same hospital.
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  • ast summer hospitals said it was too hard to comply with the new rule while they were dealing with the pandemic. They still managed to continue the appeal of their lawsuit against the measure, which failed in December. The rule took effect, but the penalty for not complying is just $300 a day — a pittance for hospitals — and there is no meaningful mechanism for active enforcement. The hospitals have asked the Biden administration to revise the requirement.
  • In September his health secretary, Alex Azar, certified that importing prescription medicine from Canada “poses no additional risk to the public’s health and safety” and would result in “a significant reduction in the cost.” This statement, which previous health secretaries had declined to make, formally opened the door to importing medication. Millions of Americans, meanwhile, now illegally purchase prescription drugs from abroad because they cannot afford to buy them at home.
  • The Trump administration’s attempted market-based interventions shined some light on dark corners of the health market and opened the door to some workarounds. They are not meaningful substitutes for larger and much-needed health reform. But as Americans await the type of more fundamental changes the Democrats have promised, they need every bit of help they can get.
  • Finally, shortly before the election, Mr. Trump issued an executive order paving the way for a “most favored nation” system that would ensure that the prices for certain drugs purchased by Medicare did not exceed the lowest price available in other developed countries. The industry responded with furious pushback, and a court quickly ruled against the measure.
  • Biden may want to continue the previous administration’s efforts to lower drug prices and make medical costs transparent.
  • But the Trump administration did attempt to rein in some of the most egregious pricing in the health care industry. For example, it required most hospitals to post lists of their standard prices for supplies, drugs, tests and procedures. Providers had long resisted calls for such pricing transparency, arguing that this was a burden, and that since insurers negotiated and paid far lower rates anyway, those list prices didn’t really matter.
  • ut the drug lobby will no doubt prove a big obstacle: The Pharmaceutical Research and Manufacturers of America, an industry trade group, filed suit in federal court in November to stop the drug-purchasing initiatives. The industry has long argued that importation from even Canada would risk American lives.
ethanshilling

Amid Historic Drought, a New Water War in the West - The New York Times - 0 views

  • Through the marshlands along the Oregon-California border, the federal government a century ago carved a whole new landscape, draining lakes and channeling rivers to build a farming economy that now supplies alfalfa for dairy cows and potatoes for Frito-Lay chips.
  • this year’s historic drought has heightened the stakes, with salmon dying en masse and Oregon’s largest lake draining below critical thresholds for managing fish survival.
  • The brewing battle over the century-old Klamath Project is an early window into the water shortfalls that are likely to spread across the West as a widespread drought, associated with a warming climate, parches watersheds throughout the region.
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  • In Nevada, water levels have dropped so drastically in Lake Mead that officials are preparing for a serious shortage that could prompt major reductions in Colorado River water deliveries next year. In California, Gov. Gavin Newsom has placed 41 counties under a state of emergency.
  • Here in Oregon, conservationists, Native American tribes, government agencies and irrigators are squaring off, and local leaders fear that generations of tensions could escalate in volatile new ways.
  • During a drought in 2001, the federal Bureau of Reclamation initially planned for the first time to fully cut off water for farmers over the summer. That order spurred an uprising of farmers and ranchers who used saws, torches and crowbars to breach the facilities and open the canal head gates.
  • Ammon Bundy, who led an armed takeover of an Oregon wildlife refuge in 2016, said he was ready to bring in allies to help keep the gates open, saying that people need to be prepared to use force to protect their rights even if law enforcement arrives to stop them.
  • Some landowners have openly talked about breaching the fence surrounding the dam property and forcing open the irrigation gates. Already, they have purchased property adjacent to the head gates and staged protests there.
  • For the United States, the Klamath Project became a keystone for settling and developing the region. Homestead opportunities for veterans after the two world wars helped to stimulate the economy and to build a new kind of community.
  • The region has a deep history rooted in violence and racial division. In 1846, U.S. War Department surveyors, led by John C. Frémont and Kit Carson, slaughtered more than a dozen Native Americans on the shores of Klamath Lake.
  • “These are not things that are going to get better if climate change continues to give us more uncertainty and less reliable supplies of water,” said William Jaeger, an economics professor at Oregon State University who specializes in environmental, resource and agricultural policy issues.
  • Lake levels fell below the minimum thresholds set by federal scientists, prompting litigation and spurring fears that algae blooms this summer could devastate the imperiled fish populations above the dam
  • Farmers generally have been split on how aggressively to push back against this year’s water shut-off. Ms. Hill said she disliked the idea of forcing open the gates, saying that option would do little to help. Other farmers have also called for ratcheting back the threats.
  • But on Friday night, about 100 people gathered under a large tent next to the head gates on property bought recently by two farmers, Dan Nielsen and Grant Knoll, who say they have a legal entitlement to the water behind the gates in Upper Klamath Lake under state water law.
  • Facing a similar standoff two decades ago, in 2001, the federal government relented with a limited delivery of water to farmers, but there was no sign that agencies, facing an already depleted lake, would budge this time.
anonymous

States sue to undo Biden pause on US oil & gas lease sales - ABC News - 0 views

  • Thirteen states sued the Biden administration Wednesday to end a suspension of new oil and gas leases on federal land and water and to reschedule canceled sales of leases in the Gulf of Mexico, Alaska waters and western states.
  • The suit specifically seeks an order that the government go ahead with a sale of oil and gas leases in the Gulf of Mexico that had been scheduled for March 17 until it was canceled; and a lease sale that had been planned for this year in Alaska's Cook Inlet.
  • Biden and multiple federal agencies bypassed comment periods and other bureaucratic steps required before such delays can be undertaken, the states claim in the lawsuit, which was filed Wednesday in the federal court's Western District of Louisiana.
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  • The lawsuit notes that coastal states receive significant revenue from onshore and offshore oil and gas activity.
  • At a news conference, Landry accused the Biden administration of “effectively banning oil and gas activity that supports businesses, employees our workers and, also, as importantly, funds our coastal restoration projects.”
  • But a long-term halt to oil and gas sales would curb future production and could hurt states like Louisiana that are heavily dependent on the industry.
  • “This will not affect oil and gas production or jobs for years to come,” White House Press Secretary Jen Psaki said when asked about the lawsuit's claims at a Wednesday briefing.
  • “Just as you're starting to have the communications get you to a point where you're feeling better about things and the permits are being issued probably isn't the best time to file litigation,” Edwards said.
  • Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia are the other plaintiff states.Western Energy Alliance, an industry lobbying group based in Colorado, sued over the leasing suspension in federal court in Wyoming on the same day it was announced. The Biden administration had not responded to the complaint as of Wednesday.
mariedhorne

U.S. Carries Out Last Execution of Trump's Term - WSJ - 0 views

  • ASHINGTON—The Justice Department early Saturday executed Dustin Higgs, the 13th and final federal inmate to die before President Trump leaves office and President-elect Joe Biden, an opponent of the death penalty, is sworn in.
  • In separate opinions, Justices Stephen Breyer and Sonia Sotomayor wrote that the condemned were put to death leaving unresolved claims regarding their mental capacity, exculpatory evidence, the risk of excruciating pain from lethal injection and other legal issues.
  • Justice Breyer previously has expressed doubts that the death penalty, as practiced today, can be squared with the Eighth Amendment protection from cruel and unusual punishments. He wrote Friday that the Trump-era executions compounded those concerns, calling “into question the constitutionality of the death penalty itself.”
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  • The federal death chamber, at the U.S. Penitentiary in Terre Haute, Ind., likely will be mothballed after Mr. Higgs’s execution. No further executions currently are scheduled, and Mr. Biden, who has called for the legal abolition of capital punishment, is unlikely to approve any others. With Mr. Higgs’s execution, 50 inmates will remain on the federal death row, according to the Death Penalty Information Center, which is critical of capital punishment.
  • Mr. Higgs delivered a final statement before he was put to death. “The tone of his voice when he said his final words was calm but in substance Higgs was defiant,” according to an Associated Press pool report. “‘I’d like to say I am an innocent man,’ he said, mentioning the three women by name. ‘I did not order the murders.’”
  • Following the execution, the prison released a statement addressed to Mr. Higgs from Ms. Jackson’s younger sister, whom it did not identify by name. “When the day is over, your death will not bring my sister and the other victims back. This is not closure, this is the consequence of your actions,” it said.
  • The government, arguing that litigating the issue would needlessly delay Mr. Higgs’s execution, asked the Supreme Court to overrule the lower courts. Friday’s order did just that, directing “the prompt designation of Indiana” as the state whose death penalty procedures should be followed. The majority provided no legal explanation for the decision, but in prior cases some conservative justices have complained that condemned inmates game the system by filing last-minute appeals to prolong their lives.
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