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Biden’s Department of Education has interpreted Title VI to apply when students “experience discrimination, including harassment,” on the basis of their “shared ancestry or ethnic characteristics.”

these statements — even if fairly rooted in the text of Title VI — are not a solution

Executive orders and administrative regulations are more ephemeral than federal statutes. The next president (or one elected in 2036 or 2052) may choose to interpret Title VI differently. Biden’s interpretation is broader than Trump’s, for example. Courts will also have their own say, and they are now less deferential to presidential interpretations of the law than they’ve been in decades.

The definitions don’t just implicate the First Amendment, they also breed confusion around the very concept of harassment itself. Hearing unpleasant or even hateful thoughts or ideas isn’t “harassment.”

The best parts of the Antisemitism Awareness Act explicitly incorporate discrimination based on “actual or perceived shared ancestry or ethnic characteristics” into federal statutory law, elevating the legal protections well beyond the executive orders and guidance letters of previous administrations.

If the law had stopped there — or even if it had gone further and explicitly stated that discrimination on the basis of actual or perceived Jewish identity is by definition discrimination on the basis of shared ancestry, then it would be a vital addition to federal law.

But the law did not stop there. It goes on to require schools to consider the International Holocaust Remembrance Alliance’s working definition of antisemitism when determining whether there has been a violation of Title VI

This is a serious mistake. The alliance’s definition includes examples of antisemitism that encompass a broad range of statements that are protected by the First Amendment.

Both the Trump and the Biden administrations attempted to solve the problem by interpreting Title VI to apply to antisemitism, at least in some circumstances. The Trump administration issued an executive order stating that “discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color or national origin.”

That’s an inescapable part of life in a free, pluralistic nation

Harassment is something else entirely.

In a 1999 case, Davis v. Monroe County Board of Education, the Supreme Court defined student-on-student harassment under Title IX (the federal statute prohibiting sex discrimination in federally funded education) as conduct “so severe, pervasive and objectively offensive, and that so undermines and detracts from the victims’ educational experience, that the victims are effectively denied equal access to an institution’s resources and opportunities.”

Harassment doesn’t depend so much on the content or viewpoint of the objectionable speech as where, when and how it happens.

If students chant, “Globalize the intifada,” at a lawful public protest, then that’s protected

If they shout down Jewish students in class using the same phrase, or chant it outside the dorm rooms of Jewish students at 3 a.m., then they’re engaging in harassment. Jewish students can’t study or sleep on an equal basis with other students.

In both of those circumstances, the actual content of the words is less important than the timing and the targets. A person can commit an act of antisemitic harassment if he targets Jewish students with words that have nothing to do with ancestry or ethnicity

For example, if someone stands outside a Jewish student’s room night after night yelling, “Michael Jordan is the GOAT” relentlessly so that the student can’t sleep or targets her Jewish roommate with constant interruption and distraction then she’s engaging in antisemitic harassment not because of the content or viewpoint of the words, but rather because of the identity of the target and the time and manner of the speech.

I’d like to humbly offer a better way. Strip the problematic incorporation of the alliance’s antisemitism definition and examples from the bill entirely. Instead, simply amend Title VI itself to make it explicit that discrimination based on “actual or perceived shared ancestry or ethnic characteristics” is prohibited by the statute and that antisemitic discrimination meets that definition.

by revising Title VI to clearly prohibit discrimination against Jews without any further amplification or definition, antisemitic harassment will fit neatly into existing case law that has longed harmonized free speech principles and nondiscrimination law

The panel estimated that its change in sentencing guidelines eventually could result in 46,000 of the nation’s approximately 100,000 drug offenders in federal prison qualifying for early release. The 6,000 figure, which has not been reported previously, is the first tranche in that process.

an additional 8,550 inmates would be eligible for release between this Nov. 1 and Nov. 1, 2016.

The releases are part of a shift in the nation’s approach to criminal justice and drug sentencing that has been driven by a bipartisan consensus that mass incarceration has failed and should be reversed.

Along with the commission’s action, the Justice Department has instructed its prosecutors not to charge low-level, nonviolent drug offenders who have no connection to gangs or large-scale drug organizations with offenses that carry severe mandatory sentences.

The U.S. Sentencing Commission voted unanimously for the reduction last year after holding two public hearings in which members heard testimony from then-Attorney General Eric H. Holder Jr., federal judges, federal public defenders, state and local law enforcement officials, and sentencing advocates. The panel also received more than 80,000 public comment letters, with the overwhelming majority favoring the change.

The policy change is referred to as “Drugs Minus Two.” Federal sentencing guidelines rely on a numeric system based on different factors, including the defendant’s criminal history, the type of crime, whether a gun was involved and whether the defendant was a leader in a drug group.

An average of about two years is being shaved off eligible prisoners’ sentences under the change. Although some of the inmates who will be released have served decades, on average they will have served 8  1/2 years instead of 10  1/2 , according to a Justice Department official.

“Even with the Sentencing Commission’s reductions, drug offenders will have served substantial prison sentences,” Deputy Attorney General Sally Yates said. “Moreover, these reductions are not automatic. Under the commission’s directive, federal judges are required to carefully consider public safety in deciding whether to reduce an inmate’s sentence.”

Americans like being “first” with ideas. But as Abraham Lincoln reminded us, more than four-score years later, the nation founded in a revolution against monarchy had to fight a second revolution against itself in order to determine whether the “proposition” of “equality” had a future in any republic

In the wake of this war, Americans faced a profound and all but impossible challenge of achieving two deeply contradictory goals—healing and justice. Healing took generations in many families, if it ever came at all. Justice was fiercely contested.

the defeated in this civil war eventually came to control large elements of the event’s meaning, legacies, and policy implications, a reality wracked with irony and driven by the nation’s persistence racism.

A shooting war between huge formal armies did indeed end in the spring of 1865 after four years of physical, environmental, social, and human devastation.

The “Union,” and all that it meant to northerners as a kind of shield for liberal democracy against oligarchy and aristocracy, survived. It was transformed through blood and reimagined for later generations. The first American republic, created out of revolution in the late 18th century, was in effect destroyed. A new, second republic took its place, given a violent birth in the emancipation of four million slaves and the re-crafting of the U. S. Constitution in the 13th, 14th, and 15th Amendments. Those Amendments—ending legal slavery forever, sanctifying birthright citizenship and establishing “equal protection of the law,” and creating black male suffrage—in effect re-made the United States Constitution. This comprised a second American revolution.  

as many as 750,000 American soldiers and sailors may have died in the conflict, the majority from disease. Approximately 1.2 million were wounded

There is no reasonable count of civilian deaths, nor of the numbers of freed slaves who perished in the struggle for their own emancipation. Research now suggests that a quarter of all freedmen who made it to contraband camps operated by the Union forces died in the process

The Reconstruction era, stretching from 1865 to 1877, was one long referendum on the meaning and memory of the verdicts reached at Appomattox. Differing visions of America’s future were at stake.

Perhaps above all, America is a society riven by conflict over federalism, the never-ending debate over the proper relation of federal to state powe

In a new book, historian Gregory Downs persuasively argues that a long and persistent “occupation” occurred for at least three years, and perhaps as long as six years, after the end of actual hostilities in spring, 1865

As the federal troops receded from view over time, large swaths of the former Confederate states descended into chaos, anarchy and violence, requiring a sustained use of Constitutional “war powers” to maintain any order. Indeed, as Downs shows, a genuine, if inadequate “occupation” was engineered by the U. S. government, almost without precedent, in order to try to bring control to a region that fell into “statelessness,” as it also revolted against defeat and all that it meant. Downs wants his work to speak to the present, and indeed it should. He urges libertarians of today to take notice because this history, as he says, demonstrates that “freedom is only possible within the state.”

violence left Reconstruction’s most vexing, twisted legacy. In 1866, bloody massacres of blacks and the destruction of freedmen’s communities wracked the cities of Memphis and New Orleans. In the political violence of Reconstruction, especially in the periods 1868-71 and again in 1875-77, a counter-revolution unfolded

Their violence reveals the implications of an unending struggle over race, power, land, and hugely different visions of the ideas of liberty and federalism

For a very long time, white Southerners experienced a lethal case of alienation and an explosive sense of grievance, however mythical the origins of those grievances or horrible their outcomes. Since most of the rural South was unpoliced by Union troops, despite the accusations of colonial “occupation” and “bayonet rule,” white Southerners unleashed a bloody fury against blacks and white Republicans born of lost battles, lost mastery, alleged political repression, and the need for “scapegoats” in their scorn for a racial order turned upside down.

too much of the political process of Reconstruction became war by other means. By whippings, rapes, the burning of houses, schools and churches, the violent disruption or intimidation of local Republican party meetings, and hundreds of murders and lynchings over a period of less than a decade the Klan and its minions (called variously “Red Shirts” or “white leaguers” and many other names) sought to win back as much of a status quo antebellum as they could achieve. Their victims were teachers, black students, white and black politicians, and uncounted numbers of freedmen and their families who participated in politics or gained some economic autonomy. The record of Reconstruction violence has been clinically detailed, but it is a piece of history that most Americans still prefer to avoid

This litany of horror and blood can become almost endless, and it represents the one time in American history when sustained uses of terror successfully worked to transform political regimes. In a process Southerners called “Southern Redemption,” eight of the 11 ex-Confederate states came back under white supremacist, Democratic party control by 1875

Much has changed in the fifty years since the crises of 1963—in law, in schooling, in scholarship, in race relations. But whatever the engines of history actually are, what seems apparent is that the legacies of the American Civil War have tended to subside and reemerge in a never-ending succession of revolutions and counter-revolution

the presidency of Barack Obama might be seen as a robust new chapter in this story. A significant segment of American society hates the President and cannot seem to abide a black family living in the White House.

equality is process of historical change. It forever tacks against the trade winds of individualism, self-interest, material accumulation, and widely varying notions of the idea of “liberty” from which it draws momentum.

Yes, the Civil War was rooted in states’ rights, but like any other constitutional doctrine, it significance rests with the issue in whose service it is employed. States’ rights for or to do what? For whom or against whom

In 1860 and 1861, some Southerners exercised “state sovereignty” as an act of revolution in the interest, as they said over and over themselves, of preserving a racial order founded on slavery

far-right federalists, who dominate the movement called the Tea Party, and who have found a vigorous leadership position at the heart of the Republican Party and on the federal judiciary, have much in common with the secessionists of 1861. Both groups are distinct minorities who have suddenly seized an inordinate degree of power due to congressional districting practices and effective use of conspiracy theories about centralization and the “leviathan” state

One acted in revolution to create and save a slaveholders’ republic; the other seems determined to render the modern federal government all but obsolete for any purpose beyond national defense and the protection of private citizens from having to participate in a social contract with their fellow citizens in tax-supported programs such as Social Security, Medicare, public education, environmental protection, or disaster relief

Both groups claim their mantle of righteousness in the name of “liberty,” privatization, hyper-individualism and racial supremacy (one openly, the other covertly

Both vehemently claim the authority of the “Founders” as though the American Revolution and the creation of the Constitution have no history. Modern-day states’ rightists and sometimes nullifiers embrace versions of federalism that might once have been thought all but buried in the mass slaughter of the Civil War, or in the imperatives of the New Deal’s response to the Great Depression, or in the 1964 and 1965 Civil Rights Acts, or in the battle over the Environmental Protection Agency.

The radical wing of the conservative movement in America, still ascendant in Congress and dominant in most of the South, seems determined to repeal much of the twentieth-century social legislation, and even tear up its constitutional and social roots in the transformations of the 1860s.

History may seem to have its lulls when it slows down and impinges less on our lives; then we are hit with massive crises, often to our utter surprise, and history speeds up beyond human comprehension.

It is impossible to grasp a turning point in history until it has happened, and understanding it may take a generation or more

“Misunderstanding of the present,” wrote Bloch, “is the inevitable consequence of ignorance of the past. But a man may wear himself out just as fruitlessly in seeking to understand the past, if he is totally ignorant of the present.”

Making “men equal on earth in the sight of other men,” to borrow again from Baldwin, is a long-term proposition, and for that matter, a definition of the meaning of America.

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.

a next-phase division of labor that will continue to combine practical and constitutional considerations. The federal government will issue guidelines for phased screening and social-mitigation practices by states, and attend to national priorities such as economic liquidity, air travel and increased testing capacity. States and localities will take the lead on procedures for reopening schools, churches, restaurants, offices and parks.

It is shaping up to be another round of creative, knowledge-generating federalism.

The most striking aspect of the administration’s response has been its waiving or liberalizing of hundreds of regulatory requirements that would otherwise impede efforts to cope with the epidemic and ensuing shutdowns.

the FDA wasn’t bungling at all: Saying no to new tests and therapies, and delaying them with endless demands for additional data and forms, is standard FDA practice. It is required by statute to certify the safety and efficacy of medical tests, drugs and devices, but it has built its own edifice of overbearing command and control far beyond the statutory requirements.

it will be a great blessing that as soon as the magnitude of the epidemic was grasped, it was managed and subdued through vigorous localism, private enterprise and professional dedication, with the federal government providing essential national leadership but staying within its constitutional rails.

“Plans are worthless but planning is everything,” Dwight Eisenhower observed, because “the very definition of ‘emergency’ is that . . . it is not going to happen the way you are planning.” Diversified centers of authority and initiative aren’t luxuries. They are the keys to resilience in the face of emergencies large and small.

The Senate is expected to amend the House bill on the $1,400-per-person stimulus payments to tighten eligibility.

Individuals earning less than $75,000 a year and married couples earning less than $150,000 will receive $1,400 per person, including children. That will get money to about 90% of households.

The checks will phase out faster than previous rounds, completely cutting off individuals who earn more than $80,000 a year and married couples earning more than $160,000 -- regardless of how many children they have.

Unlike the previous two rounds, adult dependents -- including college students -- are expected to be eligible for the payments

In an effort to combat poverty, it would expand the child tax credit to $3,600 for each child under 6 and $3,000 for each child under age 18. Currently, qualifying families can receive a credit of up to $2,000 per child under age 17.

Out-of-work Americans will start running out of Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation benefits in mid-March, when provisions in December's $900 billion relief package begin phasing out. The $300 enhancement also ends in mid-March.

The parliamentarian ruled in late February that increasing the hourly threshold does not meet a strict set of guidelines needed to move forward in the reconciliation process, which would allow Senate Democrats to pass the relief bill with a simple majority and no Republican votes.The House legislation would increase the federal minimum wage to $15 an hour by 2025 in stages. It would also guarantee that tipped workers, youth workers and workers with disabilities are paid the full federal minimum wage.

Some senators were looking to make some changes to the House bill, including reducing the federal boost to unemployment benefits to $300 a week and extending the duration of pandemic jobless programs by another month. But these efforts have not progressed.The House bill calls for extending two key pandemic unemployment programs through August 29. It would also increase the federal weekly boost to $400, from the current $300, and continue it for the same time period.

The House plan would extend the 15% increase in food stamp benefits through September, instead of having it expire at the end of June.It also contains $880 million for the Special Supplemental Nutrition Program for Women, Infants, and Children, known as WIC, to help increase participation and temporarily improve benefits, among other measures. Biden called for investing $3 billion in the program.

The legislation would send roughly $19.1 billion to state and local governments to help low-income households cover back rent, rent assistance and utility bills. About $10 billion would be authorized to help struggling homeowners pay their mortgages, utilities and property taxes. It would provide another $5 billion to help states and localities assist those at risk of experiencing homelessness.

The legislation would provide $350 billion to state and local governments, as well as tribes and territories. States and the District of Columbia would receive $195.3 billion, while local governments would be sent $130.2 billion to be divided evenly between cities and counties. Tribes would get $20 billion and territories $4.5 billion.

Unlike Biden's proposal, the House bill would not reinstate mandatory paid family and sick leave approved in a previous Covid relief package. But it does continue to provide tax credits to employers who voluntarily choose to offer the benefit through October 1.

The bill would provide nearly $130 billion to K-12 schools to help students return to the classroom. Schools would be allowed to use the money to update their ventilation systems, reduce class sizes to help implement social distancing, buy personal protective equipment and hire support staff. It would require that schools use at least 20% of the money to address learning loss by providing extended days or summer school, for example.

The House bill now includes nearly $40 billion for colleges. Institutions would be required to spend at least half the money to provide emergency financial aid grants to students.

The bill would also provide $39 billion to child care providers. The amount a provider receives would be based on operating expenses and is available to pay employees and rent, help families struggling to pay the cost, and purchase personal protective equipment and other supplies.

Enrollees would pay no more than 8.5% of their income towards coverage, down from nearly 10% now. Also, those earning more than the current cap of 400% of the federal poverty level -- about $51,000 for an individual and $104,800 for a family of four in 2021 -- would become eligible for help.

The bill would provide $15 billion to the Emergency Injury Disaster Loan program, which provides long-term, low-interest loans from the Small Business Administration. Severely impacted small businesses with fewer than 10 workers will be given priority for some of the money. It also provides $25 billion for a new grant program specifically for bars and restaurants. Eligible businesses may receive up to $10 million and can use the money for a variety of expenses, including payroll, mortgage and rent, utilities and food and beverages.

The House bill provides $14 billion to research, develop, distribute, administer and strengthen confidence in vaccines. It would also put $46 billion towards testing, contact tracing and mitigation, including investing in laboratory capacity, community-based testing sites and mobile testing units, particularly in medically underserved areas.It would also allocate $7.6 billion to hire 100,000 public health workers to support coronavirus response.The legislation also provides $50 billion to the Federal Emergency Management Agency, with some of the funds going toward expanding vaccination efforts.The President's plan called for investing $20 billion in a national vaccination program.

The scale of the spending, which Biden has made the center of his economic plans, is an intentional effort to transform an economy the President has repeatedly said leaves too many behind and, just as importantly, has made the US less competitive in the face of an ascendant China.

At its core, the budget underscores the fundamental divide in viewpoints between the two parties in the wake of the pandemic -- as well as the clear shift in the Democratic Party towards an embrace of ramping up spending and tax increases on corporations in the wealthy in order to expand the federal government's role in assisting those on the lower-end of the income scale.

Biden is asking Congress for $932 billion for discretionary, non-defense programs for fiscal year 2022 -- a significant increase from last year. The President has proposed $756 billion in defense funding, which is also an uptick from last year

Young argued the investments are "front-loaded" and would be "more than paid for" by the reforms to the tax code that would require the wealthiest of Americans and corporations to pay higher taxes. The President has repeatedly pledged that Americans making less than $400,000 would not have to pay increased taxes.

Biden has made racial equity a top focus of his administration, but there is no specific line item in the budget focused on addressing racial inequality. Young argued it wasn't necessary because Biden has directed the entire federal government to address racial inequality as it implements all of its programs.

In addition to the American Jobs Plan and the American Families plan, the budget proposal calls for:

The presidential budget did not include the Hyde amendment -- a four-decade-old ban on federal dollars being used for abortions except in cases of rape, incest or when the woman's life is in danger -- which Biden previously supported before reversing course and denouncing during the Democratic primary. Abortion rights supporters had long called for Biden to drop the measure.

In his budget overview, the President calls on Congress to enact several of his major health care initiatives, including lowering prescription drug costs by allowing Medicare to negotiate prices, creating a public health insurance option, giving those age 60 and older the option to enroll in Medicare and closing the Medicaid coverage gap.

Instead, the White House budget focuses on the health care measures contained in the American Families Plan, which would make permanent enhanced Affordable Care Act subsidies that were contained in the Democrats' $1.9 trillion rescue plan that Biden signed into law in March. That boost to the federal subsidies currently lasts only two years.

The budget also doesn't include increasing the national minimum wage to $15 an hour, which Biden had included in his $1.9 trillion relief proposal. But the measure was dropped from the Senate version after the parliamentarian ruled it did not meet a strict set of guidelines needed to move forward in the Senate's reconciliation process.

What is in the budget is setting the hourly minimum wage at $15 for federal contractors. This process is already underway, thanks to an executive order Biden signed in late April.

Her death, by lethal injection, is the 11th execution since the Trump administration resumed use of federal capital punishment in July after a 17-year hiatus.

Under a pseudonym, Ms. Montgomery — who had falsely told others that she was pregnant — expressed interest in buying a dog from Bobbie Jo Stinnett, a rat terrier breeder in Skidmore, Mo. But after she arrived at Ms. Stinnett’s house, Ms. Montgomery strangled her, used a knife to cut her abdomen and extracted the fetus, then claimed the child as her own.

and turned 16 last month on the anniversary of her mother’s death. At least some of those close to Ms. Stinnett or the case said Ms. Montgomery’s execution was a just conclusion to a crime that had haunted the northwest Missouri community for years.

Mr. Chaney rejected the idea that the abuse suffered by Ms. Montgomery should have led to her life being spared, saying many people endured trauma without committing heinous crimes.

Still, Ms. Montgomery’s lawyers cited the repeated physical and sexual abuse she endured as a child in pleas for leniency, arguing that President Trump would affirm the experiences of abuse survivors by commuting her sentence to life imprisonment.

“I think, you know, it’s not right always to say an eye for an eye, but I think the community’s hurt enough that it would definitely help with some closure.”

According to a quarterly report from the NAACP Legal Defense and Educational Fund, just 2 percent of those inmates on death row are women. With Ms. Montgomery’s execution, there are now no women on federal death row.

Her lawyers had claimed that she was incompetent for execution, citing mental illness, neurological impairment and complex trauma

But the Supreme Court cleared the way for the execution to proceed, as it has done with the previous 10 inmates executed by the Trump administration. On Tuesday, the court overturned both stays, the remaining barriers to her execution, and rejected each of Ms. Montgomery’s requests for reprieve.

“Because this administration was so afraid that the next one might choose life over death, they put the lives and health of U.S. citizens in grave danger,” she said, in part. “We should recognize Lisa Montgomery’s execution for what it was: the vicious, unlawful and unnecessary exercise of authoritarian power. We cannot let this happen again.”

If the prisoners do not succeed in their pleas for delays or clemency, their deaths could be the last federal executions for some time. President-elect Joseph R. Biden Jr., whose inauguration is set for Jan. 20, has signaled his opposition to the federal death penalty.

"after waiting almost two decades to resume federal executions, the Government should have proceeded with some measure of restraint to ensure it did so lawfully."

The crimes were carried out in Maryland which has since dropped the death penalty. Higgs was executed at the federal penitentiary in Terre Haute, Ind., and was pronounced dead at 1:23 a.m., according to the Associated Press. In a statement following the execution, Shawn Nolan, an attorney for Higgs, called him "a fine man, a terrific father, brother, and nephew" who "spent decades on death row in solitary confinement helping others around him, while working tirelessly to fight his unjust convictions."

"There was no reason to kill him, particularly during the pandemic and when he, himself, was sick with Covid that he contracted because of these irresponsible, super-spreader executions,"

Corey Johnson, 52, was executed Thursday night. He had also contracted COVID-19 while in prison, and his attorney argued that executing him following the infection would have been "cruel and unusual punishment." Lisa Montgomery was executed early Wednesday. She was the only woman on federal death row and the first female prisoner to be put to death by the U.S. government since 1953.

The executions come days before the inauguration of President-elect Joe Biden, who has opposed the federal death penalty. On Monday, Senate Democrats unveiled legislation that would abolish it.

They argued that it differs from state protocols and that legally federal executions must be carried out according to state law.

Daniel Lewis Lee for murdering a family of three, including an 8-year-old girl; Wesley Ira Purkey for raping and murdering a 16-year-old girl; Alfred Bourgeois for torturing and killing his own 2-year-old daughter; Dustin Lee Honken, for shooting and killing five people, including two young girls.

At the federal level, anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process” is breaking the law.

That is because while Mr. Trump clearly implied that Mr. Raffensperger might suffer legal consequences if he did not find additional votes for the president in Georgia, Mr. Trump stopped short of saying he would deliver on the threat himself against Mr. Raffensperger and his legal counsel, Ryan Germany, Mr. Sanderson said.

by pressuring Mr. Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Mr. Trump either broke the law or came close to it.

Mr. Sanderson said, “Ultimately, I doubt this is behavior that would be prosecuted.”

“It is unlikely federal prosecutors would bring such a case,” Mr. Bromwich said. “But it certainly was god awful and unbelievable. But prosecuting a federal crime is obviously a very different thing.”

Trevor Potter, a Republican former chairman of the Federal Election Commission, said the question would largely be up to the Justice Department in the Biden administration.

That is a policy decision.

“In threatening these officials with vague ‘criminal’ consequences, and in encouraging them to ‘find’ additional votes and hire investigators who ‘want to find answers,’ the president may have also subjected himself to additional criminal liability,” Mr. Nadler said in a statement.

Republicans do not directly voice a preference for the integration of church and state. For instance, 58% of Republicans and Republican leaners say the federal government should never declare any religion as the official religion of the United States, while a quarter of Republicans (26%) say that the government should declare the U.S. a Christian nation. By comparison, among Democrats and those who lean toward the Democratic Party, 80% say the government should never declare any official religion, and just 6% want the government to declare the U.S. a Christian nation.

Nearly four-in-ten Black Americans (38%) say public school teachers should be allowed to lead students in Christian prayers, somewhat higher than the 31% of White Americans who say this. And about one-in-five U.S. Hispanics (22%) say the federal government should stop enforcing the separation of church and state, roughly on par with the 19% of White Americans who say this.

Overall, more than half of U.S. adults (55%) express clear support for the principle of separation of church and state when measured this way. This includes 28% who express a strong church-state separationist perspective (they prefer the church-state separationist view in five or six of the scale’s questions and the church-state integrationist position in none) and an additional 27% who express more moderate support for the church-state separationist perspective. By contrast, roughly one-in-seven U.S. adults (14%) express support for a “church-state integrationist” perspective as measured by the survey.

Most people who support separation of church and state are Democrats or lean toward the Democratic Party, think Donald Trump was a “poor” or “terrible” president, say immigrants strengthen American society, and reject the notion that society is better off if people prioritize getting married and having children. More than half of people with a church-state separationist perspective say it is “a lot” more difficult to be a Black person than a White person in the U.S., and that while the U.S. is one of the greatest countries in the world, there are other countries that are also great.

Most Democrats and those who lean toward the Democratic Party (72%) prefer church-state separation, compared with 38% of Republicans – although even Republicans are more likely to express this view than to consistently favor the integration of church and state (25%).

Support for separation of church and state is slightly higher among men than women; women are more likely than men to be in the “no opinion” category. College graduates are far more supportive of church-state separation than are those with lower levels of education. Similarly, young adults (ages 18 to 29) are more likely than their elders to consistently favor the separation of church and state.

On each of the six scale items, majorities of those in the church-state integrationist category express support for the intermingling of religion and government, ranging from 60% who say the federal government should advocate Christian religious values to 88% who favor allowing towns to exhibit religious displays and public school teachers to lead Christian prayers. By contrast, most church-state separationists take the opposite position on all six questions, ranging from 58% who say religious displays should be kept off public property to 95% who say the federal government should never declare any official religion.

they think religious displays should be permitted on public property (71%) and are comfortable with public school teachers leading Christian prayers (60%). But far fewer think the government should stop enforcing separation of church and state (39%) or that the U.S. Constitution was divinely inspired (29%). And clear majorities say the federal government should never declare an official religion (62%) and should advocate moral values shared by many faiths (61%) rather than Christian values.

Among White evangelical Protestants, for example, fewer than half (36%) express consistent support for a church-state integrationist perspective, although this is larger than the share of White evangelicals who favor the separation of church and state (26%). An additional 28% have mixed views.

By comparison, people who favor church-state integration are mostly Republicans and Republican leaners, think Trump was a “good” or “great” president, say the growing numbers of immigrants in the U.S. threaten traditional American values, and feel that society would be better off if more people prioritized getting married and having children. Church-state integrationists are far more inclined than church-state separationists to say that it is “no more difficult” to be Black than White in American society (42% vs. 13%), and that the U.S. “stands above” all other countries (40% vs. 15%).

that’s particularly true on the I.R.A., which has to build all these things in the real world.

we’re trying to do industrial physical transformation at a speed and scale unheralded in American history. This is bigger than anything we have done at this speed ever.

The money is beginning to move out the door now, but we’re on a clock. Climate change is not like some other issues where if you don’t solve it this year, it is exactly the same to solve it next year. This is an issue where every year you don’t solve it, the amount of greenhouse gases in the atmosphere builds, warming builds, the effects compound

Solve, frankly, isn’t the right word there because all we can do is abate, a lot of the problems now baked in. So how is it going, and who can actually walk us through that?

Robinson Meyer is the founding executive editor of heatmap.news

why do all these numbers differ so much? How big is this thing?

in electric vehicles and in the effort, kind of this dual effort in the law, to both encourage Americans to buy and use electric vehicles and then also to build a domestic manufacturing base for electric vehicles.

on both counts, the data’s really good on electric vehicles. And that’s where we’re getting the fastest response from industry and the clearest response from industry to the law.

ROBINSON MEYER: Factories are getting planned. Steel’s going in the ground. The financing for those factories is locked down. It seems like they’re definitely going to happen. They’re permitted. Companies are excited about them. Large Fortune 500 automakers are confidently and with certainty planning for an electric vehicle future, and they’re building the factories to do that in the United States. They’re also building the factories to do that not just in blue states. And so to some degree, we can see the political certainty for electric vehicles going forward.

in other parts of the law, partially due to just vagaries of how the law is being implemented, tax credits where the fine print hasn’t worked out yet, it’s too early to say whether the law is working and how it’s going and whether it’s going to accomplish its goal

EZRA KLEIN: I always find this very funny in a way. The Congressional Budget Office scored it. They thought it would make about $380 billion in climate investments over a decade. So then you have all these other analyses coming out.

But there’s actually this huge range of outcomes in between where the thing passes, and maybe what you wanted to have happen happens. Maybe it doesn’t. Implementation is where all this rubber meets the road

the Rhodium Group, which is a consulting firm, they think it could be as high as $522 billion, which is a big difference. Then there’s this Goldman Sachs estimate, which the administration loves, where they say they’re projecting $1.2 trillion in incentives —

ROBINSON MEYER: All the numbers differ because most of the important incentives, most of the important tax credits and subsidies in the I.R.A., are uncapped. There’s no limit to how much the government might spend on them. All that matters is that some private citizen or firm or organization come to the government and is like, hey, we did this. You said you’d give us money for it. Give us the money.

because of that, different banks have their own energy system models, their own models of the economy. Different research groups have their own models.

we know it’s going to be wrong because the Congressional Budget Office is actually quite constrained in how it can predict how these tax credits are taken up. And it’s constrained by the technology that’s out there in the country right now.

The C.B.O. can only look at the number of electrolyzers, kind of the existing hydrogen infrastructure in the country, and be like, well, they’re probably all going to use these tax credits. And so I think they said that there would be about $5 billion of take up for the hydrogen tax credits.

But sometimes money gets allocated, and then costs overrun, and there delays, and you can’t get the permits, and so on, and the thing never gets built

the fact that the estimates are going up is to them early evidence that this is going well. There is a lot of applications. People want the tax credits. They want to build these new factories, et cetera.

a huge fallacy that we make in policy all the time is assuming that once money is allocated for something, you get the thing you’re allocating the money for. Noah Smith, the economics writer, likes to call this checkism, that money equals stuff.

EZRA KLEIN: They do not want that, and not wanting that and putting every application through a level of scrutiny high enough to try and make sure you don’t have another one

I don’t think people think a lot about who is cutting these checks, but a lot of it is happening in this very obscure office of the Department of Energy, the Loan Program Office, which has gone from having $40 billion in lending authority, which is already a big boost over it not existing a couple decades ago, to $400 billion in loan authority,

the Loan Program Office as one of the best places we have data on how this is going right now and one of the offices that’s responded fastest to the I.R.A.

the Loan Program Office is basically the Department of Energy’s in-house bank, and it’s kind of the closest thing we have in the US to what exists in other countries, like Germany, which is a State development bank that funds projects that are eventually going to be profitable.

It has existed for some time. I mean, at first, it kind of was first to play after the Recovery Act of 2009. And in fact, early in its life, it gave a very important loan to Tesla. It gave this almost bridge loan to Tesla that helped Tesla build up manufacturing capacity, and it got Tesla to where it is today.

EZRA KLEIN: It’s because one of the questions I have about that office and that you see in some of the coverage of them is they’re very afraid of having another Solyndra.

Now, depending on other numbers, including the D.O.E., it’s potentially as high as $100 billion, but that’s because the whole thing about the I.R.A. is it’s meant to encourage the build-out of this hydrogen infrastructure.

EZRA KLEIN: I’m never that excited when I see a government loans program turning a profit because I think that tends to mean they’re not making risky enough loans. The point of the government should be to bear quite a bit of risk —

And to some degree, Ford now has to compete, and US automakers are trying to catch up with Chinese EV automakers. And its firms have EV battery technology especially, but just have kind of comprehensive understanding of the EV supply chain that no other countries’ companies have

ROBINSON MEYER: You’re absolutely right that this is the key question. They gave this $9.2 billion loan to Ford to build these EV battery plants in Kentucky and Tennessee. It’s the largest loan in the office’s history. It actually means that the investment in these factories is going to be entirely covered by the government, which is great for Ford and great for our build-out of EVs

And to some degree, I should say, one of the roles of L.P.O. and one of the roles of any kind of State development bank, right, is to loan to these big factory projects that, yes, may eventually be profitable, may, in fact, assuredly be profitable, but just aren’t there yet or need financing that the private market can’t provide. That being said, they have moved very slowly, I think.

And they feel like they’re moving quickly. They just got out new guidelines that are supposed to streamline a lot of this. Their core programs, they just redefined and streamlined in the name of speeding them up

However, so far, L.P.O. has been quite slow in getting out new loans

I want to say that the pressure they’re under is very real. Solyndra was a disaster for the Department of Energy. Whether that was fair or not fair, there’s a real fear that if you make a couple bad loans that go bad in a big way, you will destroy the political support for this program, and the money will be clawed back, a future Republican administration will wreck the office, whatever it might be. So this is not an easy call.

when you tell me they just made the biggest loan in their history to Ford, I’m not saying you shouldn’t lend any money to Ford, but when I think of what is the kind of company that cannot raise money on the capital markets, the one that comes to mind is not Ford

They have made loans to a number of more risky companies than Ford, but in addition to speed, do you think they are taking bets on the kinds of companies that need bets? It’s a little bit hard for me to believe that it would have been impossible for Ford to figure out how to finance factorie

ROBINSON MEYER: Now, I guess what I would say about that is that Ford is — let’s go back to why Solyndra failed, right? Solyndra failed because Chinese solar deluged the market. Now, why did Chinese solar deluge the market? Because there’s such support of Chinese financing from the state for massive solar factories and massive scale.

EZRA KLEIN: — the private market can’t. So that’s the meta question I’m asking here. In your view, because you’re tracking this much closer than I am, are they too much under the shadow of Solyndra? Are they being too cautious? Are they getting money out fast enough?

ROBINSON MEYER: I think that’s right; that basically, if we think the US should stay competitive and stay as close as it can and not even stay competitive, but catch up with Chinese companies, it is going to require large-scale state support of manufacturing.

EZRA KLEIN: OK, that’s fair. I will say, in general, there’s a constant thing you find reporting on government that people in government feel like they are moving very quickly

EZRA KLEIN: — given the procedural work they have to go through. And they often are moving very quickly compared to what has been done in that respect before, compared to what they have to get over. They are working weekends, they are working nights, and they are still not actually moving that quickly compared to what a VC firm can do or an investment bank or someone else who doesn’t have the weight of congressional oversight committees potentially calling you in and government procurement rules and all the rest of it.

ROBINSON MEYER: I think that’s a theme across the government’s implementation of the I.R.A. right now, is that generally the government feels like it’s moving as fast as it can. And if you look at the Department of Treasury, they feel like we are publishing — basically, the way that most of the I.R.A. subsidies work is that they will eventually be administered by the I.R.S., but first the Department of the Treasury has to write the guidebook for all these subsidies, right?

the law says there’s a very general kind of “here’s thousands of dollars for EVs under this circumstance.” Someone still has to go in and write all the fine print. The Department of Treasury is doing that right now for each tax credit, and they have to do that before anyone can claim that tax credit to the I.R.S. Treasury feels like it’s moving extremely quickly. It basically feels like it’s completely at capacity with these, and it’s sequenced these so it feels like it’s getting out the most important tax credits first.

Private industry feels like we need certainty. It’s almost a year since the law passed, and you haven’t gotten us the domestic content bonus. You haven’t gotten us the community solar bonus. You haven’t gotten us all these things yet.

a theme across the government right now is that the I.R.A. passed. Agencies have to write the regulations for all these tax credits. They feel like they’re moving very quickly, and yet companies feel like they’re not moving fast enough.

that’s how we get to this point where we’re 311 days out from the I.R.A. passing, and you’re like, well, has it made a big difference? And I’m like, well, frankly, wind and solar developers broadly don’t feel like they have the full understanding of all the subsidies they need yet to begin making the massive investments

I think it’s fair to say maybe the biggest bet on that is green hydrogen, if you’re looking in the bill.

We think it’s going to be an important tool in industry. It may be an important tool for storing energy in the power grid. It may be an important tool for anything that needs combustion.

ROBINSON MEYER: Yeah, absolutely. So green hydrogen — and let’s just actually talk about hydrogen broadly as this potential tool in the decarbonization tool kit.

It’s a molecule. It is a very light element, and you can burn it, but it’s not a fossil fuel. And a lot of the importance of hydrogen kind of comes back to that attribute of it.

So when we look at sectors of the economy that are going to be quite hard to decarbonize — and that’s because there is something about fossil fuels chemically that is essential to how that sector works either because they provide combustion heat and steelmaking or because fossil fuels are actually a chemical feedstock where the molecules in the fossil fuel are going into the product or because fossil fuels are so energy dense that you can carry a lot of energy while actually not carrying that much mass — any of those places, that’s where we look at hydrogen as going.

green hydrogen is something new, and the size of the bet is huge. So can you talk about first just what is green hydrogen? Because my understanding of it is spotty.

The I.R.A. is extremely generous — like extremely, extremely generous — in its hydrogen subsidies

The first is for what’s called blue hydrogen, which is hydrogen made from natural gas, where we then capture the carbon dioxide that was released from that process and pump it back into the ground. That’s one thing that’s subsidized. It’s basically subsidized as part of this broader set of packages targeted at carbon capture

green hydrogen, which is where we take water, use electrolyzers on it, basically zap it apart, take the hydrogen from the water, and then use that as a fue

The I.R.A. subsidies for green hydrogen specifically, which is the one with water and electricity, are so generous that relatively immediately, it’s going to have a negative cost to make green hydrogen. It will cost less than $0 to make green hydrogen. The government’s going to fully cover the cost of producing it.

That is intentional because what needs to happen now is that green hydrogen moves into places where we’re using natural gas, other places in the industrial economy, and it needs to be price competitive with those things, with natural gas, for instance. And so as it kind of is transported, it’s going to cost money

As you make the investment to replace the technology, it’s going to cost money. And so as the hydrogen moves through the system, it’s going to wind up being price competitive with natural gas, but the subsidies in the bill are so generous that hydrogen will cost less than $0 to make a kilogram of it

There seems to be a sense that hydrogen, green hydrogen, is something we sort of know how to make, but we don’t know how to make it cost competitive yet. We don’t know how to infuse it into all the processes that we need to be infused into. And so a place where the I.R.A. is trying to create a reality that does not yet exist is a reality where green hydrogen is widely used, we have to know how to use it, et cetera.

And they just seem to think we don’t. And so you need all these factories. You need all this innovation. Like, they have to create a whole innovation and supply chain almost from scratch. Is that right?

ROBINSON MEYER: That’s exactly right. There’s a great Department of Energy report that I would actually recommend anyone interested in this read called “The Liftoff Report for Clean Hydrogen.” They made it for a few other technologies. It’s a hundred-page book that’s basically how the D.O.E. believes we’re going to build out a clean hydrogen economy.

And, of course, that is policy in its own right because the D.O.E. is saying, here is the years we’re going to invest to have certain infrastructure come online. Here’s what we think we need. That’s kind of a signal to industry that everyone should plan around those years as well.

It’s a great book. It’s like the best piece of industrial policy I’ve actually seen from the government at all. But one of the points it makes is that you’re going to make green hydrogen. You’re then going to need to move it. You’re going to need to move it in a pipeline or maybe a truck or maybe in storage tanks that you then cart around.

Once it gets to a facility that uses green hydrogen, you’re going to need to store some green hydrogen there in storage tanks on site because you basically need kind of a backup supply in case your main supply fails. All of those things are going to add cost to hydrogen. And not only are they going to add cost, we don’t really know how to do them. We have very few pipelines that are hydrogen ready.

All of that investment needs to happen as a result to make the green hydrogen economy come alive. And why it’s so lavishly subsidized is to kind of fund all that downstream investment that’s eventually going to make the economy come true.

But a lot of what has to happen here, including once the money is given out, is that things we do know how to build get built, and they get built really fast, and they get built at this crazy scale.

So I’ve been reading this paper on what they call “The Greens’ Dilemma” by J.B. Ruhl and James Salzman, who also wrote this paper called “Old Green Laws, New Green Deal,” or something like that. And I think they get at the scale problem here really well.

“The largest solar facility currently online in the US is capable of generating 585 megawatts. To meet even a middle-road renewable energy scenario would require bringing online two new 400-megawatt solar power facilities, each taking up at least 2,000 acres of land every week for the next 30 years.”

And that’s just solar. We’re not talking wind there. We’re not talking any of the other stuff we’ve discussed here, transmission lines. Can we do that? Do we have that capacity?

ROBINSON MEYER: No, we do not. We absolutely do not. I think we’re going to build a ton of wind and solar. We do not right now have the system set up to use that much land to build that much new solar and wind by the time that we need to build it. I think it is partially because of permitting laws, and I think it’s also partially because right now there is no master plan

There’s no overarching strategic entity in the government that’s saying, how do we get from all these subsidies in the I.R.A. to net zero? What is our actual plan to get from where we are right now to where we’re emitting zero carbon as an economy? And without that function, no project is essential. No activity that we do absolutely needs to happen, and so therefore everything just kind of proceeds along at a convenient pace.

given the scale of what’s being attempted here, you might think that something the I.R.A. does is to have some entity in the government, as you’re saying, say, OK, we need this many solar farms. This is where we think we should put them. Let’s find some people to build them, or let’s build them ourselves.

what it actually does is there’s an office somewhere waiting for private companies to send in an application for a tax credit for solar that they say they’re going to build, and then we hope they build it

it’s an almost entirely passive process on the part of the government. Entirely would be going too far because I do think they talk to people, and they’re having conversations

the builder applies, not the government plans. Is that accurate?

ROBINSON MEYER: That’s correct. Yes.

ROBINSON MEYER: I think here’s what I would say, and this gets back to what do we want the I.R.A. to do and what are our expectations for the I.R.A

If the I.R.A. exists to build out a ton of green capacity and shift the political economy of the country toward being less dominated by fossil fuels and more dominated by the clean energy industry, frankly, then it is working

If the I.R.A. is meant to get us all the way to net zero, then it is not capable of that.

in 2022, right, we had no way to see how we were going to reduce emissions. We did not know if we were going to get a climate bill at all. Now, we have this really aggressive climate bill, and we’re like, oh, is this going to get us to net zero?

But getting to net zero was not even a possibility in 2022.

The issue is that the I.R.A. requires, ultimately, private actors to come forward and do these things. And as more and more renewables get onto the grid, almost mechanically, there’s going to be less interest in bringing the final pieces of decarbonized electricity infrastructure onto the grid as well.

EZRA KLEIN: Because the first things that get applied for are the ones that are more obviously profitable

The issue is when you talk to solar developers, they don’t see it like, “Am I going to make a ton of money, yes or no?” They see it like they have a capital stack, and they have certain incentives and certain ways to make money based off certain things they can do. And as more and more solar gets on the grid, building solar at all becomes less profitable

also, just generally, there’s less people willing to buy the solar.

as we get closer to a zero-carbon grid, there is this risk that basically less and less gets built because it will become less and less profitable

EZRA KLEIN: Let’s call that the last 20 percent risk

EZRA KLEIN: — or the last 40 percent. I mean, you can probably attach different numbers to that

ROBINSON MEYER: Permitting is the primary thing that is going to hold back any construction basically, especially out West,

right now permitting fights, the process under the National Environmental Policy Act just at the federal level, can take 4.5 years

let’s say every single project we need to do was applied for today, which is not true — those projects have not yet been applied for — they would be approved under the current permitting schedule in 2027.

ROBINSON MEYER: That’s before they get built.

Basically nobody on the left talked about permitting five years ago. I don’t want to say literally nobody, but you weren’t hearing it, including in the climate discussion.

people have moved to saying we do not have the laws, right, the permitting laws, the procurement laws to do this at the speed we’re promising, and we need to fix that. And then what you’re seeing them propose is kind of tweak oriented,

Permitting reform could mean a lot of different things, and Democrats and Republicans have different ideas about what it could mean. Environmental groups, within themselves, have different ideas about what it could mean.

for many environmental groups, the permitting process is their main tool. It is how they do the good that they see themselves doing in the world. They use the permitting process to slow down fossil fuel projects, to slow down projects that they see as harming local communities or the local environment.

ROBINSON MEYER: So we talk about the National Environmental Policy Act or NEPA. Let’s just start calling it NEPA. We talk about the NEPA process

NEPA requires the government basically study any environmental impact from a project or from a decision or from a big rule that could occur.

Any giant project in the United States goes through this NEPA process. The federal government studies what the environmental impact of the project will be. Then it makes a decision about whether to approve the project. That decision has nothing to do with the study. Now, notionally, the study is supposed to inform the project.

the decision the federal government makes, the actual “can you build this, yes or no,” legally has no connection to the study. But it must conduct the study in order to make that decision.

that permitting reform is so tough for the Democratic coalition specifically is that this process of forcing the government to amend its studies of the environmental impact of various decisions is the main tool that environmental litigation groups like Earthjustice use to slow down fossil fuel projects and use to slow down large-scale chemical or industrial projects that they don’t think should happen.

when we talk about making this program faster, and when we talk about making it more immune to litigation, they see it as we’re going to take away their main tools to fight fossil fuel infrastructure

why there’s this gap between rhetoric and what’s actually being proposed is that the same tool that is slowing down the green build-out is also what’s slowing down the fossil fuel build-out

ROBINSON MEYER: They’re the classic conflict here between the environmental movement classic, let’s call it, which was “think globally, act locally,” which said “we’re going to do everything we can to preserve the local environment,” and what the environmental movement and the climate movement, let’s say, needs to do today, which is think globally, act with an eye to what we need globally as well, which is, in some cases, maybe welcome projects that may slightly reduce local environmental quality or may seem to reduce local environmental quality in the name of a decarbonized world.

Because if we fill the atmosphere with carbon, nobody’s going to get a good environment.

Michael Gerrard, who is professor at Columbia Law School. He’s a founder of the Sabin Center for Climate Change Law there. It’s called “A Time for Triage,” and he has this sort of interesting argument that the environmental movement in general, in his view, is engaged in something he calls trade-off denial.

his view and the view of some people is that, look, the climate crisis is so bad that we just have to make those choices. We have to do things we would not have wanted to do to preserve something like the climate in which not just human civilization, but this sort of animal ecosystem, has emerged. But that’s hard, and who gets to decide which trade-offs to make?

what you’re not really seeing — not really, I would say, from the administration, even though they have some principles now; not really from California, though Gavin Newsom has a set of early things — is “this is what we think we need to make the I.R.A. happen on time, and this is how we’re going to decide what is a kind of project that gets this speedway through,” w

there’s a failure on the part of, let’s say, the environmental coalition writ large to have the courage to have this conversation and to sit down at a table and be like, “OK, we know that certain projects aren’t happening fast enough. We know that we need to build out faster. What could we actually do to the laws to be able to construct things faster and to meet our net-zero targets and to let the I.R.A. kind achieve what it could achieve?”

part of the issue is that we’re in this environment where Democrats control the Senate, Republicans control the House, and it feels very unlikely that you could just get “we are going to accelerate projects, but only those that are good for climate change,” into the law given that Republicans control the House.

part of the progressive fear here is that the right solutions must recognize climate change. Progressives are very skeptical that there are reforms that are neutral on the existence of climate change and whether we need to build faster to meet those demands that can pass through a Republican-controlled House.

one of the implications of that piece was it was maybe a huge mistake for progressives not to have figured out what they wanted here and could accept here, back when the negotiating partner was Joe Manchin.

Manchin’s bill is basically a set of moderate NEPA reforms and transmission reforms. Democrats, progressives refuse to move on it. Now, I do want to be fair here because I think Democrats absolutely should have seized on that opportunity, because it was the only moment when — we could tell already that Democrats — I mean, Democrats actually, by that moment, had lost the House.

I do want to be fair here that Manchin’s own account of what happened with this bill is that Senate Republicans killed it and that once McConnell failed to negotiate on the bill in December, Manchin’s bill was dead.

EZRA KLEIN: It died in both places.ROBINSON MEYER: It died in both places. I think that’s right.

Republicans already knew they were going to get the House, too, so they had less incentive to play along. Probably the time for this was October.

EZRA KLEIN: But it wasn’t like Democrats were trying to get this one done.

EZRA KLEIN: To your point about this was all coming down to the wire, Manchin could have let the I.R.A. pass many months before this, and they would have had more time to negotiate together, right? The fact that it was associated with Manchin in the way it was was also what made it toxic to progressives, who didn’t want to be held up by him anymore.

What becomes clear by the winter of this year, February, March of this year, is that as Democrats and Republicans begin to talk through this debt-ceiling process where, again, permitting was not the main focus. It was the federal budget. It was an entirely separate political process, basically.

EZRA KLEIN: I would say the core weirdness of the debt-ceiling fight was there was no main focus to it.

EZRA KLEIN: It wasn’t like past ones where it was about the debt. Republicans did some stuff to cut spending. They also wanted to cut spending on the I.R.S., which would increase the debt, right? It was a total mishmash of stuff happening in there.

That alchemy goes into the final debt-ceiling negotiations, which are between principals in Congress and the White House, and what we get is a set of basically the NEPA reforms in Joe Manchin’s bill from last year and the Mountain Valley pipeline, the thing that environmentalists were focused on blocking, and effectively no transmission reforms.

the set of NEPA reforms that were just enacted, that are now in the law, include — basically, the word reasonable has been inserted many times into NEPA. [LAUGHS] So the law, instead of saying the government has to study all environmental impacts, now it has to study reasonable environmental impacts.

this is a kind of climate win — has to study the environmental impacts that could result from not doing a project. The kind of average NEPA environmental impact study today is 500 pages and takes 4.5 years to produce. Under the law now, the government is supposed to hit a page limit of 150 to 300 pages.

there’s a study that’s very well cited by progressives from three professors in Utah who basically say, well, when you look at the National Forest Service, and you look at this 40,000 NEPA decisions, what mostly holds up these NEPA decisions is not like, oh, there’s too many requirements or they had to study too many things that don’t matter. It’s just there wasn’t enough staff and that staffing is primarily the big impediment. And so on the one hand, I think that’s probably accurate in that these are, in some cases — the beast has been starved, and these are very poorly staffed departments

The main progressive demand was just “we must staff it better.”

But if it’s taking you this much staffing and that much time to say something doesn’t apply to you, maybe you have a process problem —ROBINSON MEYER: Yes.EZRA KLEIN: — and you shouldn’t just throw endless resources at a broken process, which brings me — because, again, you can fall into this and never get out — I think, to the bigger critique her

these bills are almost symbolic because there’s so much else happening, and it’s really the way all this interlocks and the number of possible choke points, that if you touch one of them or even you streamline one of them, it doesn’t necessarily get you that f

“All told, over 60 federal permitting programs operate in the infrastructure approval regime, and that is just the federal system. State and local approvals and impact assessments could also apply to any project.”

their view is that under this system, it’s simply not possible to build the amount of decarbonization infrastructure we need at the pace we need it; that no amount of streamlining NEPA or streamlining, in California, CEQA will get you there; that we basically have been operating under what they call an environmental grand bargain dating back to the ’70s, where we built all of these processes to slow things down and to clean up the air and clean up the water.

we accepted this trade-off of slower building, quite a bit slower building, for a cleaner environment. And that was a good trade. It was addressing the problems of that era

now we have the problems of this era, which is we need to unbelievably, rapidly build out decarbonization infrastructure to keep the climate from warming more than we can handle and that we just don’t have a legal regime or anything.

You would need to do a whole new grand bargain for this era. And I’ve not seen that many people say that, but it seems true to me

the role that America had played in the global economy in the ’50s and ’60s where we had a ton of manufacturing, where we were kind of the factory to a world rebuilding from World War II, was no longer tenable and that, also, we wanted to focus on more of these kind of high-wage, what we would now call knowledge economy jobs.That was a large economic transition happening in the ’70s and ’80s, and it dovetailed really nicely with the environmental grand bargain.

At some point, the I.R.A. recognizes that that environmental grand bargain is no longer operative, right, because it says, we’re going to build all this big fiscal fixed infrastructure in the United States, we’re going to become a manufacturing giant again, but there has not been a recognition among either party of what exactly that will mean and what will be required to have it take hold.

It must require a form of on-the-ground, inside-the-fenceline, “at the site of the power plant” pollution control technology. The only way to do that, really, is by requiring carbon capture and requiring the large construction of major industrial infrastructure at many, many coal plants and natural gas plants around the country in order to capture carbon so it doesn’t enter the atmosphere, and so we don’t contribute to climate change. That is what the Supreme Court has ruled. Until that body changes, that is going to be the law.

So the E.P.A. has now, last month, proposed a new rule under the Clean Air Act that is going to require coal plants and some natural gas plants to install carbon capture technology to do basically what the Supreme Court has all but kind of required the E.P.A. to do

the E.P.A. has to demonstrate, in order to kind of make this rule the law and in order to make this rule pass muster with the Supreme Court, that this is tenable, that this is the best available and technologically feasible option

that means you actually have to allow carbon capture facilities to get built and you have to create a legal process that will allow carbon capture facilities to get built. And that means you need to be able to tell a power plant operator that if they capture carbon, there’s a way they can inject it back into the ground, the thing that they’re supposed to do with it.

Well, E.P.A. simultaneously has only approved the kind of well that you need to inject carbon that you’ve captured from a coal factory or a natural gas line back into the ground. It’s called a Class 6 well. The E.P.A. has only ever approved two Class 6 wells. It takes years for the E.P.A. to approve a Class 6 well.

And environmental justice groups really, really oppose these Class 6 wells because they see any carbon capture as an effort to extend the life of the fossil fuel infrastructure

The issue here is that it seems like C.C.S., carbon capture, is going to be essential to how the U.S. decarbonizes. Legally, we have no other choice because of the constraints the Supreme Court has placed on the E.P.A.. At the same time, environmental justice groups, and big green groups to some extent, oppose building out any C.C.S.

to be fair to them, right, they would say there are other ways to decarbonize. That may not be the way we’ve chosen because the politics weren’t there for it, but there are a lot of these groups that believe you could have 100 percent renewables, do not use all that much carbon capture, right? They would have liked to see a different decarbonization path taken too. I’m not sure that path is realistic.

what you do see are environmental groups opposing making it possible to build C.C.S. anywhere in the country at all.

EZRA KLEIN: The only point I’m making here is I think this is where you see a compromise a lot of them didn’t want to make —ROBINSON MEYER: Exactly, yeah.EZRA KLEIN: — which is a decarbonization strategy that actually does extend the life cycle of a lot of fossil fuel infrastructure using carbon capture. And because they never bought onto it, they’re still using the pathway they have to try to block it. The problem is that’s part of the path that’s now been chosen. So if you block it, you just don’t decarbonize. It’s not like you get the 100 percent renewable strategy.

ROBINSON MEYER: Exactly. The bargain that will emerge from that set of actions and that set of coalitional trade-offs is we will simply keep running this, and we will not cap it.

What could be possible is that progressives and Democrats and the E.P.A. turns around and says, “Oh, that’s fine. You can do C.C.S. You just have to cap every single stationary source in the country.” Like, “You want to do C.C.S.? We totally agree. Essential. You must put CSS infrastructure on every power plant, on every factory that burns fossil fuels, on everything.”

If progressives were to do that and were to get it into the law — and there’s nothing the Supreme Court has said, by the way, that would limit progressives from doing that — the upshot would be we shut down a ton more stationary sources and a ton more petrochemical refineries and these bad facilities that groups don’t want than we would under the current plan.

what is effectively going to happen is that way more factories and power plants stay open and uncapped than would be otherwise.

EZRA KLEIN: So Republican-controlled states are just on track to get a lot more of it. So the Rocky Mountain Institute estimates that red states will get $623 billion in investments by 2030 compared to $354 billion for blue states.

why are red states getting so much more of this money?

ROBINSON MEYER: I think there’s two reasons. I think, first of all, red states have been more enthusiastic about getting the money. They’re the ones giving away the tax credits. They have a business-friendly environment. And ultimately, the way many, many of these red-state governors see it is that these are just businesses.

I think the other thing is that these states, many of them, are right-to-work states. And so they might pay their workers less. They certainly face much less risk financially from a unionization campaign in their state.

regardless of the I.R.A., that’s where manufacturing and industrial investment goes in the first place. And that’s where it’s been going for 20 years because of the set of business-friendly and local subsidies and right-to-work policies.

I think the administration would say, we want this to be a big union-led effort. We want it to go to the Great Lakes states that are our political firewall.

and it would go to red states, because that’s where private industry has been locating since the ’70s and ’80s, and it would go to the Southeast, right, and the Sunbelt, and that that wouldn’t be so bad because then you would get a dynamic where red-state senators, red-state representatives, red-state governors would want to support the transition further and would certainly not support the repeal of the I.R.A. provisions and the repeal of climate provisions, and that you’d get this kind of nice vortex of the investment goes to red states, red states feel less antagonistic toward climate policies, more investment goes to red states. Red-state governors might even begin to support environmental regulation because that basically locks in benefits and advantages to the companies located in their states already.

I think what you see is that Republicans are increasingly warming to EV investment, and it’s actually building out renewables and actually building out clean electricity generation, where you see them fighting harder.

The other way that permitting matters — and this gets into the broader reason why private investment was generally going to red states and generally going to the Sunbelt — is that the Sunbelt states — Georgia, Texas — it’s easier to be there as a company because housing costs are lower and because the cost of living is lower in those states.

it’s also partially because the Sunbelt and the Southeast, it was like the last part of the country to develop, frankly, and there’s just a ton more land around all the cities, and so you can get away with the sprawling suburban growth model in those citie

It’s just cheaper to keep building suburbs there.

EZRA KLEIN: So how are you seeing the fights over these rare-earth metals and the effort to build a safe and, if not domestic, kind of friend-shored supply chain there?

Are we going to be able to source some of these minerals from the U.S.? That process seems to be proceeding but going slowly. There are some minerals we’re not going to be able to get from the United States at all and are going to have to get from our allies and partners across the world.

The kind of open question there is what exactly is the bargain we’re going to strike with countries that have these critical minerals, and will it be fair to those countries?

it isn’t to say that I think the I.R.A. on net is going to be bad for other countries. I just think we haven’t really figured out what deal and even what mechanisms we can use across the government to strike deals with other countries to mine the minerals in those countries while being fair and just and creating the kind of economic arrangement that those countries want.

, let’s say we get the minerals. Let’s say we learn how to refine them. There is many parts of the battery and many parts of EVs and many, many subcomponents in these green systems that there’s not as strong incentive to produce in the U.S.

at the same time, there’s a ton of technology. One answer to that might be to say, OK, well, what the federal government should do is just make it illegal for any of these battery makers or any of these EV companies to work with Chinese companies, so then we’ll definitely establish this parallel supply chain. We’ll learn how to make cathodes and anodes. We’ll figure it out

The issue is that there’s technology on the frontier that only Chinese companies have, and U.S. automakers need to work with those companies in order to be able to compete with them eventually.

EZRA KLEIN: How much easier would it be to achieve the I.R.A.’s goals if America’s relationship with China was more like its relationship with Germany?

ROBINSON MEYER: It would be significantly easier, and I think we’d view this entire challenge very differently, because China, as you said, not only is a leader in renewable energy. It actually made a lot of the important technological gains over the past 15 years to reducing the cost of solar and wind. It really did play a huge role on the supply side of reducing the cost of these technologies.

If we could approach that, if China were like Germany, if China were like Japan, and we could say, “Oh, this is great. China’s just going to make all these things. Our friend, China, is just going to make all these technologies, and we’re going to import them.

So it refines 75 percent of the polysilicon that you need for solar, but the machines that do the refining, 99 percent of them are made in China. I think it would be reckless for the U.S. to kind of rely on a single country and for the world to rely on a single country to produce the technologies that we need for decarbonization and unwise, regardless of our relationship with that country.

We want to geographically diversify the supply chain more, but it would be significantly easier if we did not have to also factor into this the possibility that the US is going to need to have an entirely separate supply chain to make use of for EVs, solar panels, wind turbines, batteries potentially in the near-term future.

, what are three other books they should read?

The first book is called “The End of the World” by Peter Brannen. It’s a book that’s a history of mass extinctions, the Earth’s five mass extinctions, and, actually, why he doesn’t think we’re currently in a mass extinction or why, at least, things would need to go just as bad as they are right now for thousands and thousands of years for us to be in basically the sixth extinction.

The book’s amazing for two reasons. The first is that it is the first that really got me to understand deep time.

he explains how one kind of triggered the next one. It is also an amazing book for understanding the centrality of carbon to Earth’s geological history going as far back as, basically, we can track.

“Climate Shock” by Gernot Wagner and Marty Weitzman. It’s about the economics of climate change

Marty Weitzman, who I think, until recently, was kind of the also-ran important economist of climate change. Nordhaus was the famous economist. He was the one who got all attention. He’s the one who won the Nobel.

He focuses on risk and that climate change is specifically bad because it will damage the environment, because it will make our lives worse, but it’s really specifically bad because we don’t know how bad it will be

it imposes all these huge, high end-tail risks and that blocking those tail risks is actually the main thing we want to do with climate policy.

That is I think, in some ways, what has become the U.S. approach to climate change and, to some degree, to the underlying economic thinking that drives even the I.R.A., where we want to just cut off these high-end mega warming scenarios. And this is a fantastic explanation of that particular way of thinking and of how to apply that way of thinking to climate change and also to geoengineerin

The third book, a little controversial, is called “Shorting the Grid” by Meredith Angwin

her argument is basically that electricity markets are not the right structure to organize our electricity system, and because we have chosen markets as a structured, organized electricity system in many states, we’re giving preferential treatment to natural gas and renewables, two fuels that I think climate activists may feel very different ways about, instead of coal, which she does think we should phase out, and, really, nuclear

By making it easier for renewables and natural gas to kind of accept these side payments, we made them much more profitable and therefore encouraged people to build more of them and therefore underinvested in the forms of generation, such as nuclear, that actually make most of their money by selling electrons to the grid, where they go to people’s homes.