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Ketanji Brown Jackson: Key takeaways from the Supreme Court confirmation hearings - CNN... - 0 views

  • Judge Ketanji Brown Jackson spent three days in front of the Senate Judiciary Committee -- two of them marathon sessions of questioning -- where she described herself as an impartial and transparent jurist, while taking a calm but forceful tone to push back at GOP claims about her record. The dueling themes that Democrats and Republicans wanted to present about her nomination were punched up in a final day of testimony from outside witnesses Thursday.
  • While she may pick up a few Republican votes, several GOP senators have sought to paint her as a soft on crime, "activist" judge, as they've used her hearings to showcase their messaging themes against Democrats heading into November's midterms.
  • "I am here, standing on the shoulders of generations of Americans who never had anything close to this kind of opportunity," Jackson said Tuesday. She highlighted how her grandparents received little formal education and that her parents went to segregated lower schools in Miami, before studying at Howard University.
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  • As the Senate's questioning was close to winding up Wednesday, Jackson -- at the request of California Democratic Sen. Alex Padilla -- reflected on what message she'd give to young people feeling doubtful of their own abilities as they watched her ascent. She recalled feeling out of place and homesick during her first semester at Harvard University as an undergraduate
  • Coming out of the hearings, Democrats were insistent as ever that Jackson belonged on America's highest court and that they intended to put her there. "She will be confirmed. She will be a star on the Supreme Court," Sen. Patrick Leahy, a Vermont Democrat, said after Wednesday's hearing. "And I for one will proudly cast my vote for her."
  • In the lead-up to the hearings, Republicans previewed a "dignified" approach to the nominee that would be "respectful" in tone and "substantive" in content.
  • "underscores the dangers of the kind of progressive education that we are hearing about."
  • Several of Jackson's harshest questioners are believed to be in contention for a 2024 presidential run. Other talking points GOP has forecast for the 2022 midterm campaign also made their way into the questioning. Cruz badgered her about "critical race theory" -- an academic discipline that looks at system racism, even as Jackson insisted it plays no role in how she approaches judging. At one point he grilled her on the presence of the children's book "Antiracist Baby" in the curriculum of the private school for which Jackson serves on the board.
  • The proceedings were at their ugliest in the lines of Republican inquiry focused on the sentences Jackson handed down in select set of child pornography cases. Republicans argued that she was unduly lenient towards those offenders -- a claim at odds with the fact that her record is mostly in line with how judges typically approach these cases.
  • The Republicans said that they were disappointed she didn't identify a specific judicial philosophy -- like the originalism or textualism strains favored by conservatives -- that she followed. But just as notable was the distance she put between herself and the judicial approaches that had typically been heralded by progressives.
  • Republicans make a case for the Supreme Court to revisit Roe, same-sex marriage and other key rulings
  • He suggested that the legal basis for that ruling -- a concept known as substantive due process, that also underpins rulings on interracial marriage and birth control -- was principle that "allows the court to substitute its opinion for the elected representatives of the people."
Javier E

Before Collapse of Silicon Valley Bank, the Fed Spotted Big Problems - The New York Times - 0 views

  • In 2021, a Fed review of the growing bank found serious weaknesses in how it was handling key risks. Supervisors at the Federal Reserve Bank of San Francisco, which oversaw Silicon Valley Bank, issued six citations. Those warnings, known as “matters requiring attention” and “matters requiring immediate attention,” flagged that the firm was doing a bad job of ensuring that it would have enough easy-to-tap cash on hand in the event of trouble.
  • But the bank did not fix its vulnerabilities. By July 2022, Silicon Valley Bank was in a full supervisory review — getting a more careful look — and was ultimately rated deficient for governance and controls. It was placed under a set of restrictions that prevented it from growing through acquisitions
  • It became clear to the Fed that the firm was using bad models to determine how its business would fare as the central bank raised rates: Its leaders were assuming that higher interest revenue would substantially help their financial situation as rates went up, but that was out of step with reality.
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  • By early 2023, Silicon Valley Bank was in what the Fed calls a “horizontal review,” an assessment meant to gauge the strength of risk management. That checkup identified additional deficiencies — but at that point, the bank’s days were numbered
  • The picture that is emerging is one of a bank whose leaders failed to plan for a realistic future and neglected looming financial and operational problems, even as they were raised by Fed supervisors. For instance, according to a person familiar with the matter, executives at the firm were told of cybersecurity problems both by internal employees and by the Fed — but ignored the concerns.
  • Still, the extent of known issues at the bank raises questions about whether Fed bank examiners or the Fed’s Board of Governors in Washington could have done more to force the institution to address weaknesses
  • Other worries center on whether Jerome H. Powell, the Fed chair, allowed too much deregulation during the Trump administration. Randal K. Quarles, who was the Fed’s vice chair for supervision from 2017 to 2021, carried out a 2018 regulatory rollback law in an expansive way that some onlookers at the time warned would weaken the banking system.
  • Typically, banks with fewer than $250 billion in assets are excluded from the most onerous parts of bank oversight — and that has been even more true since a “tailoring” law that passed in 2018 during the Trump administration and was put in place by the Fed in 2019. Those changes left smaller banks with less stringent rules.
  • Silicon Valley Bank was still below that threshold, and its collapse underlined that even banks that are not large enough to be deemed globally systemic can cause sweeping problems in the American banking system.
  • Some of the concerns center on the fact that the bank’s chief executive, Greg Becker, sat on the Federal Reserve Bank of San Francisco’s board of directors until March 10. While board members do not play a role in bank supervision, the optics of the situation are bad.
  • “One of the most absurd aspects of the Silicon Valley bank failure is that its CEO was a director of the same body in charge of regulating it,” Senator Bernie Sanders, a Vermont independent, wrote on Twitter on Saturday, announcing that he would be “introducing a bill to end this conflict of interest by banning big bank CEOs from serving on Fed boards.
  • “It’s a failure of supervision,” said Peter Conti-Brown, an expert in financial regulation and a Fed historian at the University of Pennsylvania. “The thing we don’t know is if it was a failure of supervisors.”
  • Mr. Powell typically defers to the Fed’s supervisory vice chair on regulatory matters, and he did not vote against those changes. Lael Brainard, then a Fed governor and now a top White House economic adviser, did vote against some of the tweaks — and flagged them as potentially dangerous in dissenting statements.
Javier E

Opinion | Do You Live in a 'Tight' State or a 'Loose' One? Turns Out It Matters Quite a... - 0 views

  • Political biases are omnipresent, but what we don’t fully understand yet is how they come about in the first place.
  • In 2014, Michele J. Gelfand, a professor of psychology at the Stanford Graduate School of Business formerly at the University of Maryland, and Jesse R. Harrington, then a Ph.D. candidate, conducted a study designed to rank the 50 states on a scale of “tightness” and “looseness.”
  • Gelfand and Harrington predicted that “‘tight’ states would exhibit a higher incidence of natural disasters, greater environmental vulnerability, fewer natural resources, greater incidence of disease and higher mortality rates, higher population density, and greater degrees of external threat.”
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  • titled “Tightness-Looseness Across the 50 United States,” the study calculated a catalog of measures for each state, including the incidence of natural disasters, disease prevalence, residents’ levels of openness and conscientiousness, drug and alcohol use, homelessness and incarceration rates.
  • Gelfand said:Some groups have much stronger norms than others; they’re tight. Others have much weaker norms; they’re loose. Of course, all cultures have areas in which they are tight and loose — but cultures vary in the degree to which they emphasize norms and compliance with them.
  • states in New England and on the West Coast were the loosest: California, Oregon, Washington, Maine, Massachusetts, Connecticut, New Hampshire and Vermont.
  • In both 2016 and 2020, Donald Trump carried all 10 of the top “tight” states; Hillary Clinton and Joe Biden carried all 10 of the top “loose” states.
  • “Rule Makers, Rule Breakers: How Tight and Loose Cultures Wire the World” in 2018, in which she described the results of a 2016 pre-election survey she and two colleagues had commissioned
  • The results were telling: People who felt the country was facing greater threats desired greater tightness. This desire, in turn, correctly predicted their support for Trump. In fact, desired tightness predicted support for Trump far better than other measures. For example, a desire for tightness predicted a vote for Trump with 44 times more accuracy than other popular measures of authoritarianism.
  • The 2016 election, Gelfand continued, “turned largely on primal cultural reflexes — ones that had been conditioned not only by cultural forces, but by a candidate who was able to exploit them.”
  • Along the same lines, if liberals and conservatives hold differing moral visions, not just about what makes a good government but about what makes a good life, what turned the relationship between left and right from competitive to mutually destructive?
  • Cultural differences, Gelfand continued, “have a certain logic — a rationale that makes good sense,” noting that “cultures that have threats need rules to coordinate to survive (think about how incredibly coordinated Japan is in response to natural disasters).
  • cultures that don’t have a lot of threat can afford to be more permissive and loose.”
  • The tight-loose concept, Gelfand argued,is an important framework to understand the rise of President Donald Trump and other leaders in Poland, Hungary, Italy, and France,
  • The gist is this: when people perceive threat — whether real or imagined, they want strong rules and autocratic leaders to help them survive
  • My research has found that within minutes of exposing study participants to false information about terrorist incidents, overpopulation, pathogen outbreaks and natural disasters, their minds tightened. They wanted stronger rules and punishments.
  • The South dominated the tight states: Mississippi, Alabama Arkansas, Oklahoma, Tennessee, Texas, Louisiana, Kentucky, South Carolina and North Carolina
  • Looseness, Gelfand posits, fosters tolerance, creativity and adaptability, along with such liabilities as social disorder, a lack of coordination and impulsive behavior.
  • If liberalism and conservatism have historically played a complementary role, each checking the other to constrain extremism, why are the left and right so destructively hostile to each other now, and why is the contemporary political system so polarized?
  • Gelfand writes that tightness encourages conscientiousness, social order and self-control on the plus side, along with close-mindedness, conventional thinking and cultural inertia on the minus side.
  • Niemi contended that sensitivity to various types of threat is a key factor in driving differences between the far left and far right.
  • She cited research thatfound 47 percent of the most extreme conservatives strongly endorsed the view that “The world is becoming a more and more dangerous place,” compared to 19 percent of the most extreme liberals
  • Conservatives and liberals, Niemi continued,see different things as threats — the nature of the threat and how it happens to stir one’s moral values (and their associated emotions) is a better clue to why liberals and conservatives react differently.
  • Unlike liberals, conservatives strongly endorse the binding moral values aimed at protecting groups and relationships. They judge transgressions involving personal and national betrayal, disobedience to authority, and disgusting or impure acts such as sexually or spiritually unchaste behavior as morally relevant and wrong.
  • Underlying these differences are competing sets of liberal and conservative moral priorities, with liberals placing more stress than conservatives on caring, kindness, fairness and rights — known among scholars as “individualizing values
  • conservatives focus more on loyalty, hierarchy, deference to authority, sanctity and a higher standard of disgust, known as “binding values.”
  • As a set, Niemi wrote, conservative binding values encompassthe values oriented around group preservation, are associated with judgments, decisions, and interpersonal orientations that sacrifice the welfare of individuals
  • Just as ecological factors differing from region to region over the globe produced different cultural values, ecological factors differed throughout the U.S. historically and today, producing our regional and state-level dimensions of culture and political patterns.
  • Niemi cited a paper she and Liane Young, a professor of psychology at Boston College, published in 2016, “When and Why We See Victims as Responsible: The Impact of Ideology on Attitudes Toward Victims,” which tested responses of men and women to descriptions of crimes including sexual assaults and robberies.
  • We measured moral values associated with unconditionally prohibiting harm (“individualizing values”) versus moral values associated with prohibiting behavior that destabilizes groups and relationships (“binding values”: loyalty, obedience to authority, and purity)
  • Increased endorsement of binding values predicted increased ratings of victims as contaminated, increased blame and responsibility attributed to victims, increased perceptions of victims’ (versus perpetrators’) behaviors as contributing to the outcome, and decreased focus on perpetrators.
  • For example, binding values are associated with Machiavellianism (e.g., status-seeking and lying, getting ahead by any means, 2013); victim derogation, blame, and beliefs that victims were causal contributors for a variety of harmful acts (2016, 2020); and a tendency to excuse transgressions of ingroup members with attributions to the situation rather than the person (2023).
  • What happened to people ecologically affected social-political developments, including the content of the rules people made and how they enforced them
  • Numerous factors potentially influence the evolution of liberalism and conservatism and other social-cultural differences, including geography, topography, catastrophic events, and subsistence styles
  • Joshua Hartshorne, who is also a professor of psychology at Boston College, took issue with the binding versus individualizing values theory as an explanation for the tendency of conservatives to blame victims:
  • I would guess that the reason conservatives are more likely to blame the victim has less to do with binding values and more to do with the just-world bias (the belief that good things happen to good people and bad things happen to bad people, therefore if a bad thing happened to you, you must be a bad person).
  • Belief in a just world, Hartshorne argued, is crucial for those seeking to protect the status quo:It seems psychologically necessary for anyone who wants to advocate for keeping things the way they are that the haves should keep on having, and the have-nots have got as much as they deserve. I don’t see how you could advocate for such a position while simultaneously viewing yourself as moral (and almost everyone believes that they themselves are moral) without also believing in the just world
  • Conversely, if you generally believe the world is not just, and you view yourself as a moral person, then you are likely to feel like you have an obligation to change things.
  • I asked Lene Aaroe, a political scientist at Aarhus University in Denmark, why the contemporary American political system is as polarized as it is now, given that the liberal-conservative schism is longstanding. What has happened to produce such intense hostility between left and right?
  • There is variation across countries in hostility between left and right. The United States is a particularly polarized case which calls for a contextual explanatio
  • A central explanation typically offered for the current situation in American politics is that partisanship and political ideology have developed into strong social identities where the mass public is increasingly sorted — along social, partisan, and ideological lines.
  • I then asked Aaroe why surveys find that conservatives are happier than liberals. “Some research,” she replied, “suggests that experiences of inequality constitute a larger psychological burden to liberals because it is more difficult for liberals to rationalize inequality as a phenomenon with positive consequences.”
  • Steven Pinker, a professor of psychology at Harvard, elaborated in an email on the link between conservatism and happiness:
  • t’s a combination of factors. Conservatives are likelier to be married, patriotic, and religious, all of which make people happier
  • They may be less aggrieved by the status quo, whereas liberals take on society’s problems as part of their own personal burdens. Liberals also place politics closer to their identity and striving for meaning and purpose, which is a recipe for frustration.
  • Some features of the woke faction of liberalism may make people unhappier: as Jon Haidt and Greg Lukianoff have suggested, wokeism is Cognitive Behavioral Therapy in reverse, urging upon people maladaptive mental habits such as catastrophizing, feeling like a victim of forces beyond one’s control, prioritizing emotions of hurt and anger over rational analysis, and dividing the world into allies and villains.
  • Why, I asked Pinker, would liberals and conservatives react differently — often very differently — to messages that highlight threat?
  • It may be liberals (or at least the social-justice wing) who are more sensitive to threats, such as white supremacy, climate change, and patriarchy; who may be likelier to moralize, seeing racism and transphobia in messages that others perceive as neutral; and being likelier to surrender to emotions like “harm” and “hurt.”
  • The authors used neural imaging to follow changes in the dorsomedial prefrontal cortex (known as DMPFC) as conservatives and liberals watched videos presenting strong positions, left and right, on immigration.
  • there are ways to persuade conservatives to support liberal initiatives and to persuade liberals to back conservative proposals:
  • While liberals tend to be more concerned with protecting vulnerable groups from harm and more concerned with equality and social justice than conservatives, conservatives tend to be more concerned with moral issues like group loyalty, respect for authority, purity and religious sanctity than liberals are. Because of these different moral commitments, we find that liberals and conservatives can be persuaded by quite different moral arguments
  • For example, we find that conservatives are more persuaded by a same-sex marriage appeal articulated in terms of group loyalty and patriotism, rather than equality and social justice.
  • “political arguments reframed to appeal to the moral values of those holding the opposing political position are typically more effective
  • We find support for these claims across six studies involving diverse political issues, including same-sex marriage, universal health care, military spending, and adopting English as the nation’s official language.”
  • In one test of persuadability on the right, Feinberg and Willer assigned some conservatives to read an editorial supporting universal health care as a matter of “fairness (health coverage is a basic human right)” or to read an editorial supporting health care as a matter of “purity (uninsured people means more unclean, infected, and diseased Americans).”
  • Conservatives who read the purity argument were much more supportive of health care than those who read the fairness case.
  • Liberals who read the fairness argument were substantially more supportive of military spending than those who read the loyalty and authority argument.
  • In “Conservative and Liberal Attitudes Drive Polarized Neural Responses to Political Content,” Willer, Yuan Chang Leong of the University of Chicago, Janice Chen of Johns Hopkins and Jamil Zaki of Stanford address the question of how partisan biases are encoded in the brain:
  • society. How do such biases arise in the brain? We measured the neural activity of participants watching videos related to immigration policy. Despite watching the same videos, conservative and liberal participants exhibited divergent neural responses. This “neural polarization” between groups occurred in a brain area associated with the interpretation of narrative content and intensified in response to language associated with risk, emotion, and morality. Furthermore, polarized neural responses predicted attitude change in response to the videos.
  • The four authors argue that their “findings suggest that biased processing in the brain drives divergent interpretations of political information and subsequent attitude polarization.” These results, they continue, “shed light on the psychological and neural underpinnings of how identical information is interpreted differently by conservatives and liberals.”
  • While liberals and conservatives, guided by different sets of moral values, may make agreement on specific policies difficult, that does not necessarily preclude consensus.
  • or each video,” they write,participants with DMPFC activity time courses more similar to that of conservative-leaning participants became more likely to support the conservative positio
  • Conversely, those with DMPFC activity time courses more similar to that of liberal-leaning participants became more likely to support the liberal position. These results suggest that divergent interpretations of the same information are associated with increased attitude polarizatio
  • Together, our findings describe a neural basis for partisan biases in processing political information and their effects on attitude change.
  • Describing their neuroimaging method, the authors point out that theysearched for evidence of “neural polarization” activity in the brain that diverges between people who hold liberal versus conservative political attitudes. Neural polarization was observed in the dorsomedial prefrontal cortex (DMPFC), a brain region associated with the interpretation of narrative content.
  • The question is whether the political polarization that we are witnessing now proves to be a core, encoded aspect of the human mind, difficult to overcome — as Leong, Chen, Zaki and Willer sugges
  • — or whether, with our increased knowledge of the neural basis of partisan and other biases, we will find more effective ways to manage these most dangerous of human predispositions.
Javier E

Opinion | The Red Wave Didn't Just Vanish - The New York Times - 0 views

  • On Election Day, a small but crucial percentage of Republican voters deserted their party, casting ballots for Democratic nominees in several elections that featured Trump-backed candidates at the top of the ticket. These Trump-driven defections wrought havoc on Republican ranks.
  • at key battleground states that were critical to continued Democratic control of the Senate. In Arizona, Nevada, Pennsylvania and New Hampshire, party-line voting among Republicans consistently fell below the party’s national average, according to exit poll data.
  • In New Hampshire and Pennsylvania, the Republican vote for the Republican Senate candidate was seven percentage points below the national average, and the Republican vote for the Democratic Senate candidate increased by the same amount; in Arizona, support for the Republican Senate nominee fell among Republicans by six points, and support for the Democratic candidate rose by the same amount again; in Nevada, the drop in support for the Republican candidate was two percentage points, and the increase for the Democratic nominee was once again the same.
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  • the major finding of the survey “is that democratic norm violations of the sort many Republicans ran on are an electoral loser.”
  • Republican candidates, Westwood added, “running on platforms that supported democratic norm violations were standing behind a policy that seems to only resonate with Trump and a small minority of Republican voters.
  • A publicly released post-election analysis by Neil Newhouse and Jim Hobart, partners at the Republican polling firm Public Opinion Strategies, found, for example, that a far higher percentage of Democrats, 81 percent, believe “Republicans represent a threat to democracy that, if not stopped, will destroy America as we know it,” than Republicans (69 percent) believe the same thing about Democrats
  • the election outcomes are consistent with the interpretation that the candidates most closely associated with Trump suffered a penalty. Voters rejected all the Trump-endorsed secretary of state nominees in important swing states. Republicans unexpectedly lost seats in districts where Republican incumbents who supported Trump’s impeachment had been denied renomination. Republicans closely linked to Trump lost elections in winnable swing states
  • Both Democrats and Republicans, Westwood said,overestimate the extent to which the other side supports democratic norm violations by up to five times. There is a real risk that damage to our country could occur not because of support for norm violations but as a pre-emptive strike based on the faulty assumption that the other side has abandoned democracy.
  • abortion, which worked to the advantage of Democrats, “was more of a factor than the pre-election polls indicated,” with almost as many voters, 31 percent, saying it was a high-priority issue as the 32 percent who identified rising prices and inflation, an issue that benefited Republicans
  • Almost identical percentages identified concern over democratic backsliding, at 25 percent, a pro-Democratic issue, as the 26 percent who identified jobs and the economy, a pro-Republican concern.
  • through 2020, a larger percentage of Republicans considered themselves “to be more a supporter of Donald Trump” than “a supporter of the Republican Party.” That came to an end in January 2021, and by this month, 67 percent said they were “more a supporter of the Republican Party,” more than double the 30 percent who said they were “more a supporter of Donald Trump.”
  • Crime, Greenberg wrote,was a top issue for many Democratic base voters. A quarter of Blacks and half of Hispanics and Asians voters trusted Republicans more than Democrats to address the issue. With Democrats trailing Republicans by 10 points on crime, Democrats have a lot of work to do.There is another word of caution for Democrats. The party’s single most important achievement in 2022 was to maintain control of the Senate, preventing Republicans from blocking Biden’s judicial and executive branch appointments.
  • n 2024, however, 23 seats in the Democratic caucus will be up for grabs — including two independent seats (Angus King in Maine and Bernie Sanders in Vermont) — making it that much harder for Democrats to keep their thin majority. Eight of these Democratic seats are in purple or red states (Montana and West Virginia, for example), offering multiple opportunities to the Republican Party
  • In contrast, all 10 of the Republican-held seats up for election in 2024 are in solidly red states.
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