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knudsenlu

Eisenhower vs. Warren: The Battle Over Brown - The Atlantic - 0 views

  • t a White House stag dinner in February 1954, President Dwight Eisenhower shocked the new chief justice of the United States. Earl Warren was Eisenhower’s first appointment to the Supreme Court and had been sworn in just four months earlier. Only two months into his tenure, Warren had presided over oral arguments in the blockbuster school-segregation case Brown v. Board of Education. As of the dinner, the case was still under advisement. Yet Eisenhower seated Warren near one of the attorneys who had argued the case for the southern states, John W. Davis, and went out of his way to praise Davis as a great man. That alone would have made for an awkward evening. What happened next made it fateful. Over coffee, Eisenhower took Warren by the arm and asked him to consider the perspective of white parents in the Deep South. “These are not bad people,” the president said. “All they are concerned about is to see that their sweet little girls are not required to sit in school alongside some big black bucks.”
  • Warren had been a prosecutor and a governor, and was no choirboy; he had heard bigoted language before. Yet as the chief justice, he embodied the impartiality of the entire federal judiciary. He was a man who believed in fairness and dignity. The president’s words had shaken him.
  • When the Court ruled on the remedies phase of Brown in 1955, a decision known as Brown II, the president was even less voluble. He said nothing about the Court’s delegation of supervisory duties to the district courts, or its famous directive that school districts should begin to desegregate “with all deliberate speed.” The following year, Eisenhower personally rewrote the Republican platform to read that the party “accepts” the original Brown decision, rather than “concurs” with it.
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  • If the stag dinner upended relations between Warren and Eisenhower, the Brown decision three months later ruptured those relations permanently. The Court decided the case on May 17, 1954, declaring that segregation in public schools was unconstitutional.
  • William I. Hitchcock quotes the only African American on Eisenhower’s executive staff, E. Frederic Morrow, who reported with despair the broad sentiment that the administration “has completely abandoned the Negro in the South.”
  • Warren’s role in the Brown decision is one of the great acts of American statesmanship. The popular California governor joined the Supreme Court at a moment of crisis. Brown had been argued once already, in 1952, but the justices had been divided and uncertain how to proceed.
  • Eisenhower sang a loud and bitter tune about his chief justice. At one point Eisenhower even had to sheepishly apologize to Warren for press reports that had picked up his bad-mouthing. In an excellent chapter, Simon shows that Eisenhower’s regret may have had as much to do with communism as with race.
  • Brown prompted a mighty backlash, but to Warren the decision was the constitutional tradition at work. He wrote that legal principles “should not be compromised and parceled out a little in one case, a little more in another, until eventually someone receives the full benefit.” More than 60 years after Brown, the full benefit remains elusive. If Warren and Eisenhower were alive today, they might ask not whether the Court went too far, but whether it failed to go far enough.
Javier E

There's No Such Thing As 'Sound Science' | FiveThirtyEight - 0 views

  • cience is being turned against itself. For decades, its twin ideals of transparency and rigor have been weaponized by those who disagree with results produced by the scientific method. Under the Trump administration, that fight has ramped up again.
  • The same entreaties crop up again and again: We need to root out conflicts. We need more precise evidence. What makes these arguments so powerful is that they sound quite similar to the points raised by proponents of a very different call for change that’s coming from within science.
  • Despite having dissimilar goals, the two forces espouse principles that look surprisingly alike: Science needs to be transparent. Results and methods should be openly shared so that outside researchers can independently reproduce and validate them. The methods used to collect and analyze data should be rigorous and clear, and conclusions must be supported by evidence.
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  • they’re also used as talking points by politicians who are working to make it more difficult for the EPA and other federal agencies to use science in their regulatory decision-making, under the guise of basing policy on “sound science.” Science’s virtues are being wielded against it.
  • The sound science tactic exploits a fundamental feature of the scientific process: Science does not produce absolute certainty. Contrary to how it’s sometimes represented to the public, science is not a magic wand that turns everything it touches to truth. Instead, it’s a process of uncertainty reduction, much like a game of 20 Questions.
  • “Our criticisms are founded in a confidence in science,” said Steven Goodman, co-director of the Meta-Research Innovation Center at Stanford and a proponent of open science. “That’s a fundamental difference — we’re critiquing science to make it better. Others are critiquing it to devalue the approach itself.”
  • alls to base public policy on “sound science” seem unassailable if you don’t know the term’s history. The phrase was adopted by the tobacco industry in the 1990s to counteract mounting evidence linking secondhand smoke to cancer.
  • What distinguishes the two calls for transparency is intent: Whereas the “open science” movement aims to make science more reliable, reproducible and robust, proponents of “sound science” have historically worked to amplify uncertainty, create doubt and undermine scientific discoveries that threaten their interests.
  • Delay is a time-tested strategy. “Gridlock is the greatest friend a global warming skeptic has,” said Marc Morano, a prominent critic of global warming research
  • While insisting that they merely wanted to ensure that public policy was based on sound science, tobacco companies defined the term in a way that ensured that no science could ever be sound enough. The only sound science was certain science, which is an impossible standard to achieve.
  • “Doubt is our product,” wrote one employee of the Brown & Williamson tobacco company in a 1969 internal memo. The note went on to say that doubt “is the best means of competing with the ‘body of fact’” and “establishing a controversy.” These strategies for undermining inconvenient science were so effective that they’ve served as a sort of playbook for industry interests ever since
  • Doubt merchants aren’t pushing for knowledge, they’re practicing what Proctor has dubbed “agnogenesis” — the intentional manufacture of ignorance. This ignorance isn’t simply the absence of knowing something; it’s a lack of comprehension deliberately created by agents who don’t want you to know,
  • In the hands of doubt-makers, transparency becomes a rhetorical move. “It’s really difficult as a scientist or policy maker to make a stand against transparency and openness, because well, who would be against it?
  • But at the same time, “you can couch everything in the language of transparency and it becomes a powerful weapon.” For instance, when the EPA was preparing to set new limits on particulate pollution in the 1990s, industry groups pushed back against the research and demanded access to primary data (including records that researchers had promised participants would remain confidential) and a reanalysis of the evidence. Their calls succeeded and a new analysis was performed. The reanalysis essentially confirmed the original conclusions, but the process of conducting it delayed the implementation of regulations and cost researchers time and money.
  • Any given study can rarely answer more than one question at a time, and each study usually raises a bunch of new questions in the process of answering old ones. “Science is a process rather than an answer,” said psychologist Alison Ledgerwood of the University of California, Davis. Every answer is provisional and subject to change in the face of new evidence. It’s not entirely correct to say that “this study proves this fact,” Ledgerwood said. “We should be talking instead about how science increases or decreases our confidence in something.”
  • which has received funding from the oil and gas industry. “We’re the negative force. We’re just trying to stop stuff.”
  • these ploys are getting a fresh boost from Congress. The Data Quality Act (also known as the Information Quality Act) was reportedly written by an industry lobbyist and quietly passed as part of an appropriations bill in 2000. The rule mandates that federal agencies ensure the “quality, objectivity, utility, and integrity of information” that they disseminate, though it does little to define what these terms mean. The law also provides a mechanism for citizens and groups to challenge information that they deem inaccurate, including science that they disagree with. “It was passed in this very quiet way with no explicit debate about it — that should tell you a lot about the real goals,” Levy said.
  • in the 20 months following its implementation, the act was repeatedly used by industry groups to push back against proposed regulations and bog down the decision-making process. Instead of deploying transparency as a fundamental principle that applies to all science, these interests have used transparency as a weapon to attack very particular findings that they would like to eradicate.
  • Now Congress is considering another way to legislate how science is used. The Honest Act, a bill sponsored by Rep. Lamar Smith of Texas,3The bill has been passed by the House but still awaits a vote in the Senate. is another example of what Levy calls a “Trojan horse” law that uses the language of transparency as a cover to achieve other political goals. Smith’s legislation would severely limit the kind of evidence the EPA could use for decision-making. Only studies whose raw data and computer codes were publicly available would be allowed for consideration.
  • It might seem like an easy task to sort good science from bad, but in reality it’s not so simple. “There’s a misplaced idea that we can definitively distinguish the good from the not-good science, but it’s all a matter of degree,” said Brian Nosek, executive director of the Center for Open Science. “There is no perfect study.” Requiring regulators to wait until they have (nonexistent) perfect evidence is essentially “a way of saying, ‘We don’t want to use evidence for our decision-making,’
  • ost scientific controversies aren’t about science at all, and once the sides are drawn, more data is unlikely to bring opponents into agreement.
  • objective knowledge is not enough to resolve environmental controversies. “While these controversies may appear on the surface to rest on disputed questions of fact, beneath often reside differing positions of value; values that can give shape to differing understandings of what ‘the facts’ are.” What’s needed in these cases isn’t more or better science, but mechanisms to bring those hidden values to the forefront of the discussion so that they can be debated transparently. “As long as we continue down this unabashedly naive road about what science is, and what it is capable of doing, we will continue to fail to reach any sort of meaningful consensus on these matters,”
  • The dispute over tobacco was never about the science of cigarettes’ link to cancer. It was about whether companies have the right to sell dangerous products and, if so, what obligations they have to the consumers who purchased them.
  • Similarly, the debate over climate change isn’t about whether our planet is heating, but about how much responsibility each country and person bears for stopping it
  • While researching her book “Merchants of Doubt,” science historian Naomi Oreskes found that some of the same people who were defending the tobacco industry as scientific experts were also receiving industry money to deny the role of human activity in global warming. What these issues had in common, she realized, was that they all involved the need for government action. “None of this is about the science. All of this is a political debate about the role of government,”
  • These controversies are really about values, not scientific facts, and acknowledging that would allow us to have more truthful and productive debates. What would that look like in practice? Instead of cherry-picking evidence to support a particular view (and insisting that the science points to a desired action), the various sides could lay out the values they are using to assess the evidence.
  • For instance, in Europe, many decisions are guided by the precautionary principle — a system that values caution in the face of uncertainty and says that when the risks are unclear, it should be up to industries to show that their products and processes are not harmful, rather than requiring the government to prove that they are harmful before they can be regulated. By contrast, U.S. agencies tend to wait for strong evidence of harm before issuing regulations
  • the difference between them comes down to priorities: Is it better to exercise caution at the risk of burdening companies and perhaps the economy, or is it more important to avoid potential economic downsides even if it means that sometimes a harmful product or industrial process goes unregulated?
  • But science can’t tell us how risky is too risky to allow products like cigarettes or potentially harmful pesticides to be sold — those are value judgements that only humans can make.
ethanshilling

Canada Supreme Court Rules Federal Carbon Tax Is Constitutional - The New York Times - 0 views

  • n a decision that marked an important victory for Prime Minister Justin Trudeau’s climate change agenda, Canada’s Supreme Court ruled that the federal government’s imposition of carbon taxes in provinces that oppose them was constitutional.
  • “This matter is critical to our response to an existential threat to human life in Canada and around the world,” the court wrote in a 6-to-3 decision. “Climate change is real. It is caused by greenhouse gas emissions resulting from human activities and it poses a grave threat to humanity’s future.”
  • The concept of carbon pricing has been widely endorsed by economists, and according to the World Bank, some form of it has been carried out or is in development in 64 countries, either through direct taxes on fossil fuels or through cap-and-trade programs.
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  • Several U.S. states have carbon pricing programs, notably California.
  • But several people familiar with the forthcoming infrastructure package in the United States said that there were no plans currently to price carbon emissions. Instead, the president plans to greatly raise fuel efficiency standards for cars, forcing automakers toward electric vehicles through regulation, not legislation.
  • Court challenges by those three provinces of Mr. Trudeau’s carbon pricing law ultimately led to the Supreme Court’s decision.
  • Like Republicans in the United States, conservative premiers in the oil-producing provinces of Alberta and Saskatchewan have long strenuously campaigned against carbon pricing.
  • Republicans in Congress remain firmly opposed to a carbon tax and have voted repeatedly and nearly unanimously over the years to bar the government from imposing one.
  • While the Supreme Court decision’s detailed the dangers of climate changes to Canada and its coastlines, Arctic region and Indigenous people in particular, none of the three provinces that started the legal challenges dispute its effects.
  • In 2019, Mr. Trudeau set a minimum price for carbon. It will become 40 Canadian dollars a metric ton on April 1 and will reach 170 dollars a ton in 2030.
  • The federal government has stepped in only when a province, like Ontario under Mr. Ford, refused to price carbon. In those cases, it placed a tax on fuel and set other fees for industrial emissions.
  • Jason Kenney, the premier of Alberta, who canceled his province’s program, told reporters that he was disappointed with the decision but declined to say whether his province would come up with a carbon pricing system to replace the federally imposed one.
  • The Supreme Court upheld the constitutionality of the law in part because the federal plan kicks in only if provinces do not set up their programs, thus maintaining the shared jurisdiction the two levels of government hold on environmental issues.
  • “Addressing climate change requires collective national and international action,” the court wrote. “This is because the harmful effects of GHGs are, by their very nature, not confined by borders.”
Javier E

How Emergent BioSolutions Put an 'Extraordinary Burden' on the U.S.'s Troubled Stockpile - The New York Times - 0 views

  • Government purchases for the Strategic National Stockpile, the country’s emergency medical reserve where such equipment is kept, have largely been driven by the demands and financial interests of a handful of biotech firms that have specialized in products that address terrorist threats rather than infectious disease.
  • “Today, I think, we would not allow anthrax to take up half the budget for a guaranteed supply of vaccines,” he said, adding, “Surely after such a calamity as the last year, we should take a fresh look at stockpiles and manufacturing and preparing for the next pandemic.”
  • Under normal circumstances, Emergent’s relationship with the federal stockpile would be of little public interest — an obscure contractor in an obscure corner of the federal bureaucracy applying the standard tools of Washington, like well-connected lobbyists and campaign contributions, to create a business heavily dependent on taxpayer dollars.
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  • Security concerns, moreover, keep most information about stockpile purchases under wraps. Details about the contracts and inventory are rarely made public, and even the storage locations are secret.
  • Former Emergent employees, government contractors, members of Congress, biodefense experts and current and former officials from agencies that oversee the stockpile described a deeply dysfunctional system that contributed to the shocking shortages last year.
  • Purchases are supposed to be based on careful assessments by government officials of how best to save lives, but many have also been influenced by Emergent’s bottom line
  • The stockpile has long been the company’s biggest and most reliable customer for its anthrax vaccines, which expire and need to be replaced every few years.
  • In the two decades since the repository was created, Emergent’s aggressive tactics, broad political connections and penchant for undercutting competitors have given it remarkable sway over the government’s purchasing decisions related to the vaccines
  • While national security officials still consider anthrax a threat, it has not received specific mention since 2012 in the intelligence community’s annual public assessment of dangers facing the country, a report that has repeatedly warned of pandemics.
  • Emergent bought the license for the country’s only approved anthrax vaccine in 1998 from the State of Michigan. Over time, the price per dose the government agreed to pay Emergent increased nearly sixfold, accounting for inflation, contributing to record revenues last year that topped $1.5 billion
  • The company, whose board is stocked with former federal officials, has deployed a lobbying budget more typical of some big pharmaceutical companies
  • Competing efforts to develop a better and cheaper anthrax vaccine, for example, collapsed after Emergent outmaneuvered its rivals, the documents and interviews show.
  • preparations for an outbreak like Covid-19 almost always took a back seat to Emergent’s anthrax vaccines
  • the government approved a plan in 2015 to buy tens of millions of N95 respirators — lifesaving equipment for medical workers that has been in short supply because of Covid-19 — but the masks repeatedly lost out in the competition for funding over the years leading up to the pandemic
  • After Dr. Frieden and others in the Obama administration tried but failed to lessen Emergent’s dominance over stockpile purchases, the company’s fortunes rose under Mr. Trump, who appointed a former Emergent consultant with a background in bioterrorism to run the office that now oversees the stockpile
  • “If I could spend less on anthrax replenishment, I could buy more N95s,” Dr. Kadlec said in an interview shortly after leaving office. “I could buy more ventilators. I could buy more of other things that quite frankly I didn’t have the money to buy.”
  • And now, as some members of Congress push for larger reserves of ventilators, masks and other equipment needed in a pandemic, a trade group led in part by a top Emergent lobbyist has warned that the purchases could endanger companies focused on threats like anthrax and smallpox by drawing down limited funds.
  • Last year, as the pandemic raced across the country, the government paid Emergent $626 million for products that included vaccines to fight an entirely different threat: a terrorist attack using anthrax.
  • “I think it’s pretty clear that the benefit of the vaccine is marginal,” he said in an interview
  • “They’re very vicious in their behavior toward anybody they perceive as having a different point of view,” said Dr. Tara O’Toole, a former Homeland Security official who says she ran afoul of Emergent in 2010 after telling Congress that the nation needed a newer and better anthrax vaccine.
  • That year, the company that would become Emergent — then known as BioPort — paid Michigan $25 million to buy the license for a government-developed anthrax vaccine and an aging manufacturing plant.
  • The company opened its doors with one product, called BioThrax, and one customer, the Defense Department, which required the vaccine for service members.
  • Emergent’s anthrax vaccine was not the government’s first choice. It was more than 30 years old and plagued by manufacturing challenges and complaints about side effects. Officials instead backed a company named VaxGen, which was developing a vaccine using newer technology licensed from the military.
  • Emergent’s successful campaign against VaxGen — deploying a battalion of lobbyists, publicly attacking its rival and warning that it might cease production of its own vaccine if the government didn’t buy it — established its formidable reputation. By 2006, VaxGen had lost its contract and the government had turned to Emergent to supply BioThrax.
  • “They were totally feared by everybody,” Dr. Philip Russell, a top health official in the administration of President George W. Bush, said in an interview. He said that he clashed with Emergent when he backed VaxGen, and that his reputation came under attack, which was documented by The Times in 2006. (Dr. Russell died this January.)
  • the group of federal officials who make decisions about the stockpile and other emergency preparations — known as the Phemce, for the Public Health Emergency Medical Countermeasures Enterprise — ordered up a study. It found in 2010 that the government could not afford to devote so much of its budget to a single threat.
  • Instead, the review concluded, the government should invest more in products with multiple applications, like diagnostic tests, ventilators, reusable respirator masks and “plug and play” platforms that can rapidly develop vaccines for a range of outbreaks.
  • from 2010 through 2018, the anthrax vaccine consumed more than 40 percent of the stockpile’s budget, which averaged $560 million during those years.
  • Emergent and the government have withheld details of the stockpile contracts, including how much the company has charged for each dose of BioThrax, but executives have shared some of the missing information with investors.
  • The company in 1998 agreed to charge the government an average of about $3.35 per dose, documents show. By 2010, the price had risen to about $28, according to financial disclosures and statements by Emergent executives, and now it is about $30
  • Over the past 15 years, the company recorded a gross profit margin of about 75 percent for the vaccine, in an arrangement that one Emergent vice president called a “monopoly.”
  • Emergent’s rise is the stuff of lore in biodefense circles — a tale of savvy dealings, fortuitous timing and tough, competitive tactics.
  • One afternoon in October 2010, Wall Street investors gathered at the Millennium Broadway Hotel in Manhattan for a presentation by Mr. Burrows. He shared with them a secret number: 75 million.That was how many BioThrax doses the government had committed to stockpiling, and it was the backbone of Emergent’s thriving business. In pursuit of that goal, the government had already spent more than $900 million, and it continued to buy virtually every dose Emergent could produce. It had even awarded the company more than $100 million to expand its Michigan factory.
  • “The best approach toward anthrax is antimicrobial therapy,” Dr. Anthony S. Fauci, the government’s top infectious-disease expert, told Congress as early as 2007.
  • In an analysis published in 2007, the firm determined that giving antibiotics immediately after a large outdoor anthrax attack was likely to reduce serious illnesses by more than 80 percent. Administering the vaccine would then cut serious illnesses only by an additional 4 percent.
  • Dr. Ali S. Khan, who ran the C.D.C. office managing the stockpile until 2014, said bluntly: “We overpaid.”
  • “A bunch of people, including myself, were sitting in a room and asking what kind of attack might happen,” said Dr. Kenneth Bernard, a top biodefense adviser to Mr. Bush, recalling a meeting in the months after the 2001 attacks.
  • “And somebody said, ‘Well, I can’t imagine anyone attacking more than three cities at once,’” he said. “So we took the population of a major U.S. city and multiplied by three.”
  • A team of Homeland Security and health officials began doing just that in 2013. The group determined, in a previously undisclosed analysis, that the government could stockpile less BioThrax and still be prepared for a range of plausible attacks, according to two people involved in the assessment. Separately, government researchers concluded that two doses of BioThrax provided virtually the same protection as three.
  • the National Intelligence Council, which helped draft the assessments during Mr. Obama’s second term, said in an interview that the idea of a three-city attack affecting 25 million people was “straining credulity.”
  • “If you talk to the head of the House Intelligence Committee,” Don Elsey, Emergent’s chief financial officer, told investors in 2011, “and you say, ‘What are you most worried about?’ he’ll say, ‘Let me see: Number one, anthrax; number two, anthrax; number three, anthrax.’”
  • Emergent’s sales strategy was to address that fear by promising the federal government peace of mind with its vaccine.
  • “There’s a political element involved,” Mr. Burrows, the company’s vice president of investor relations, said at an industry conference in 2016. “I don’t have a marketing expense. I have lobbying expense.”
  • Since 2010, the company has spent an average of $3 million a year on lobbying — far outspending similarly sized biotech firms, and roughly matching the outlays of two pharmaceutical companies with annual revenues at least 17 times greater, AstraZeneca and Bristol Myers Squibb
  • In 2015, as stockpile managers questioned the large purchases of BioThrax, the spending topped $4 million
  • “They were pouring it on — how poor they were and how this was going to ruin the company, and they’d have to close down factories, and America was going to be left without anthrax vaccine,”
  • “Their revolving door is moving at 60 miles per hour,” said former Senator Claire McCaskill, a Democrat from Missouri who had questioned spending on the vaccine while in the Senate. “There is really a lot of incestuousness because it’s such a specialized field.”
  • Ms. DeLorenzo, the Emergent spokeswoman, said the lobbying was necessary because government investment “in biodefense and other public health threats has not been as strongly prioritized as it should be.”
  • Over the past 10 years, Emergent’s political action committee has spread almost $1.4 million in campaign contributions among members of both partie
  • The move followed a yearslong pattern of retaining a bipartisan lobbying corps of former agency officials, staff members and congressmen, including Pete Hoekstra of Michigan, Tom Latham of Iowa and Jim Saxton of New Jersey.
  • “You have people coming and saying, ‘There’s no market for this — nobody’s going to produce this unless you buy enough of it to keep the production line open,’” he said. “It’s an absolutely appropriate argument to make.”
  • Emergent’s campaign proved effective. Despite the 2015 recommendation by the stockpile managers, Senate overseers made clear they opposed the reduction, and the government went ahead and bought $300 million worth of BioThrax.
  • Emergent executives, meanwhile, warned that there could be job losses at the factory in Lansing, Mich. — the capital of a swing state at the center of a contentious presidential campaign between Mr. Trump and Hillary Clinton.
  • Because Emergent was the sole manufacturer of a product deemed critical to national security, the company has played what one former executive described to The Times as “the we’re-going-to-go-bankrupt card.”
  • Dr. Hatchett said the idea gave him pause. But, he explained in an interview, “if there’s only one partner that can provide a product and only one customer for that product, the customer needs the partner to survive.”
  • Just a year later, Emergent spent about $200 million in cash, and made other financial commitments, to acquire Sanofi’s smallpox vaccine and GlaxoSmithKline’s anthrax treatment, two products with established pipelines to the stockpile. The purchases expanded Emergent’s hold over the reserve.
  • Ms. DeLorenzo said the acquisitions did not suggest the company was better off than it had claimed, but Dr. Bright said he and others involved in the bailout felt used.
  • a plan five years earlier to create an emergency supply of N95 respirators was simply not funded. A team of experts had proposed buying tens of millions of the masks to fill the gap during an outbreak until domestic manufacturing could ramp up, according to five officials involved in the assessment, which has not been previously disclosed.
  • By the time the novel coronavirus emerged, the stockpile had only 12 million of the respirators. The stockpile has since set a goal of amassing 300 million.
  • Dr. Kadlec, the Trump administration official overseeing the stockpile, said he used the previous administration’s mask recommendation to raise alarms as early as 2018.
  • Dr. Annie De Groot, chief executive of the small vaccine company EpiVax, spoke about the need to break Emergent’s lock on research dollars at a biodefense forum in 2015.
  • “Politicians want to look like they’ve addressed the problem,” she said. “But we need to actually listen to the scientists.”
  • Over the last five years, Emergent has received nearly a half-billion dollars in federal research and development funding, the company said in its financial disclosures.
  • “We know ahead of time when funding opportunities are going to come out,” Barbara Solow, a senior vice president, told investors in 2017. “When we talk to the government, we know how to speak the government’s language around contracting.”
  • The company used federal money to make improvements to BioThrax, and also found a way to earn government money from a competing anthrax vaccine it had excoriated. After the demise of VaxGen in 2006, Emergent bought the company’s unfinished vaccine and in 2010 persuaded the federal government to continue paying for research on it
  • By the time the research contract was canceled in 2016, Emergent had collected about $85 million, records show. The company then shelved the vaccine. “If the U.S. government withdraws funding, we re-evaluate whether there is any business case for continuing,” Ms. DeLorenzo said.
  • For more than 30 years, the government had been encouraging the development of a BioThrax replacement. In 2002, the Institute of Medicine had concluded that an alternative based on more modern technology was “urgently needed.” By 2019, there were three leading candidates, including one made by Emergent, known as AV7909.
  • Emergent’s candidate was hardly the breakthrough the government was seeking, former health officials said. AV7909 was essentially an enhanced version of BioThrax. The competitors were using more modern technology that could produce doses more rapidly and consistently, and were promising significant cost savings for the stockpile.
  • To qualify for emergency authorization, a vaccine must be at an advanced stage of development with no approved alternatives. Emergent acknowledged in its financial disclosures that there was “considerable uncertainty” whether the new vaccine met those requirements.
  • The election of Mr. Trump as president was good news for Emergent.
  • Dr. Lurie, the senior health official in the Obama administration who had tried to scale back BioThrax purchases, was out. Mr. Trump’s pick to replace her was Dr. Kadlec, a career Air Force physician and top biodefense official in the Bush administration who was fixated on bioterrorism threats, especially anthrax, current and former officials said
  • Soon after entering the Trump administration in 2017, Dr. Kadlec took a series of actions that he characterized as streamlining a cumbersome bureaucracy but that had the effect of benefiting Emergent.
  • He assumed greater control of purchasing decisions, diminishing the authority of the Phemce, the oversight group that had proposed buying less BioThrax. And in 2018, he backed a decision to move control of the stockpile to his office in the Department of Health and Human Services and away from the C.D.C., which is based in Atlanta and prides itself on being insulated from the influence of lobbyists.
  • Dr. Frieden, the former C.D.C. director, was strongly opposed. The move, he said, “had almost as an explicit goal to give the lobbyists more say in what got purchased.”
  • That July, the government made the announcement Emergent had been banking on, committing to buying millions of doses. Separately, it said it would stop funding Emergent’s competitors.
  • The decision to side with Emergent did not surprise Dr. Khan, the former C.D.C. official overseeing the stockpile.“Again and again, we seem unable to move past an old technology that’s bankrupting the stockpile,” he said.
  • Last month, as the death toll from Covid-19 neared a half-million, Mr. Kramer, the company’s chief executive, told analysts there had been no “evidence of a slowdown or a delay or a deprioritization,” and echoed a statement he had made in April when asked whether the pandemic might interrupt Emergent’s sales to the stockpile.“It’s pretty much business as usual,” he said then.
mattrenz16

Biden's Fossil Fuel Moves Clash With Pledges on Climate Change - The New York Times - 0 views

  • On Wednesday, the Biden administration defended in federal court the Willow project, a huge oil drilling operation proposed on Alaska’s North Slope that was approved by the Trump administration and is being fought by environmentalists. Weeks earlier, it backed former President Donald J. Trump’s decision to grant oil and gas leases on federal land in Wyoming. Also this month, it declined to act when it had an opportunity to stop crude oil from continuing to flow through the bitterly contested, 2,700-mile Dakota Access pipeline, which lacks a federal permit.
  • The three decisions suggest the jagged road that Mr. Biden is following as he tries to balance his climate agenda against practical and political pressures.
  • As important, Mr. Biden is trying to avoid alienating a handful of moderate Republicans and Democrats from oil, gas and coal states who will decide the fate of his legislative agenda in Congress. Among them is Lisa Murkowski, the Republican senator from Alaska for whom the Willow project is a top priority and who grilled Deb Haaland about it during Ms. Haaland’s confirmation hearing for interior secretary in February.Editors’ PicksSummertime … and the Sloganeering Is a Little AwkwardThe Murky World of Private Spies and the Damage They May Be DoingThey’ve Given $6 Million to the Arts. No One Knew Them, Until Now.AdvertisementContinue reading the main story
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  • The multibillion-dollar plan from ConocoPhillips to drill in part of the National Petroleum Reserve would produce more than 100,000 barrels of oil a day until 2050. It is being challenged by environmental groups who said the Trump administration failed to consider the impact that drilling would have on fragile wildlife and that burning the oil would have on global warming.
  • Senator Dan Sullivan, Republican of Alaska, said in an interview that he, Ms. Murkowski and Representative Don Young of Alaska had all met with Ms. Haaland “ad nauseam” about Alaska issues, including the Willow project. Mr. Sullivan said he had repeatedly made the case that Willow’s projected 2,000 jobs and $1.2 billion in revenues should be seen as part of the Biden administration’s focus on environmental equity, as it would directly benefit local and Alaska Native communities in the North Slope.
  • The decision on the Willow project was made as the Biden administration is trying to win Republican support for its infrastructure package and other policies, said Gerald Torres, a professor of law and environmental justice at Yale University. “He is going to need Murkowski’s vote for some things,” he said. “These are political calculations.”
  • Earlier this month, lawyers for the Biden administration also opposed in court shutting down the Dakota Access pipeline, which is carrying about 550,000 barrels of oil daily from North Dakota to Illinois. The Standing Rock Sioux tribe and other activists have fought it for more than five years, contending the pipeline threatens water supplies and sacred sites.
  • A few days later, the Biden administration defended 440 oil and gas leases issued by the Trump administration on federal land in Wyoming that is also the critical habitat of the sage grouse, mule deer and pronghorn. Environmentalists successfully sued the government to stop the leases, arguing that they violated a 2015 agreement that protected that land. But in federal appeals court, the Biden administration defended the decision to allow oil and gas drilling.
  • Environmental activists, who campaigned to elect Mr. Biden, said this week that they were “baffled” and “disappointed” by the decisions but avoided criticizing the president.
  • Still, some said they were running out of patience with the distance between Mr. Biden’s climate policies and his actions at a time when scientists say countries need to quickly and sharply cut fossil fuel emissions or risk irreversible damage to the planet.
  • Still, some said they were running out of patience with the distance between Mr. Biden’s climate policies and his actions at a time when scientists say countries need to quickly and sharply cut fossil fuel emissions or risk irreversible damage to the planet.
  • This month the world’s leading energy agency warned that governments around the globe must stop approving fossil fuel projects now if they want to keep the increase in average global temperatures below 2 degrees Celsius, compared with preindustrial levels. That’s the threshold beyond which scientists say the Earth will experience irreversible damage.
anonymous

California gun ruling: A federal judge, who compares an AR-15 to a Swiss Army knife, overturns ban on assault weapons - CNN - 0 views

shared by anonymous on 05 Jun 21 - No Cached
  • a federal judge overturned California's longtime ban on assault weapons on Friday, ruling it violates the Second Amendment's right to bear arms.
  • Assault weapons have been banned in California since 1989, according to the ruling. The law has been updated several times since it was originally passed.
  • According to the ruling by U.S. District Judge Roger Benitez of San Diego, the assault weapons ban deprives Californians from owning assault-style weapons commonly allowed in other states.
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  • In his ruling, the judge also criticized the news media, writing, "One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter."
  • However, as CNN has previously reported, AR-15 style rifles have been the weapon of choice for numerous mass shooters,
  • Last year, Benitez ruled California's ban on high-capacity magazines was unconstitutional. He also struck down the state's restriction on remote purchases of gun ammunition. California Gov. Gavin Newsom criticized the ruling Friday, calling AR-15's a "weapon of war."
  • He said in a statement that the comparison made by the judge between a Swiss Army Knife and the AR-15 "completely undermines the credibility of this decision and is a slap in the face to the families who've lost loved ones to this weapon."
  • The ruling and injunction are stayed for 30 days, during which time the Attorney General may appeal and seek a stay from the Court of Appeals.
  • California Attorney General Rob Bonta said he will be appealing the ruling. "Today's decision is fundamentally flawed, and we will be appealing it," Bonta said in a news release.
edencottone

Europe's Vaccine Suspension May Be Driven as Much by Politics as Science - The New York Times - 0 views

  • For Italy and its neighbors, that call could not have come at a worse time.
  • Only days earlier, Prime Minister Mario Draghi reassured Italians who had become wary of the AstraZeneca vaccine. “There is no clear evidence, clear correlation, that these events are linked to the administration of the vaccine,” he said.
  • lest public opinion punish them if they seemed incautious by comparison, and for the sake of a united European front.
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  • A cascade of countries — Italy, France and Spain — soon joined the decision to suspend AstraZeneca, dealing a significant blow to Europe’s already shaky inoculation drive despite a lack of clear evidence that the vaccine had caused any harm.
  • “There is an emotional situation that is the fallout from this case that started in Germany,” Giorgio Palù, the president of Italy’s Medicines Agency said on Tuesday. He said: “There is no danger. There is no correlation at the epidemiological level.”
  • The agency’s director was more explicit.
  • But for now, the suspensions seem certain to have had the opposite effect, further delaying Europe’s stumbling rollout and perhaps putting at risk hundreds or thousands more lives.
  • goal of vaccinating 70 percent of residents by September, and raise pressure on governments to secure vaccines that have not yet been authorized by the bloc’s regulators.
  • Suspending use of the vaccine is a “temporary precaution” while countries wait for the European Medicines Agency’s assessment, the statement said.
  • But Monday’s decisions may have already set back Europe’s vaccination campaign at a perilous moment of the pandemic, as the continent confronts a third wave of infections driven by new variants.
  • It is not yet known whether those conditions were related to vaccines, either.
  • European countries have not been weighing a decision about just any vaccine. Their concerns center on AstraZeneca, a company with which they have had poisonous relations since it drastically scaled back projected vaccine deliveries for the early part of 2021.
  • That decision may come back to haunt European lawmakers: Britain, which has given the vaccine to all adults, has since showed that a first dose substantially reduced the risk of older people becoming ill with Covid-19.
  • Just as European Union member states broke with the bloc’s centralized drug regulator in initially restricting the vaccine to younger people, they split with regulators a second time in pausing rollouts altogether this week. Analysts said that reflected a growing impatience with the bloc’s bureaucracy in the midst of a disastrously slow vaccine rollout.
  • There was a case of thrombosis detected in Spain last weekend, and some regions had stopped distributing a batch of AstraZeneca vaccines, amid safety concerns.
  • But the chief motivation was political.
  • When Mr. Speranza brought the issue to Prime Minister Draghi, he noted the unbearable public pressure Italy would face if it alone used a vaccine considered too dangerous for Europe.
  • As the damage of the delays became clear on Tuesday, European officials tried to play down the disruption. They said they were only waiting for European regulators to complete a fast review of the problems before they began vaccinating people with the AstraZeneca shot again.
  • “It’s right regulators investigate safety signals,” said Michael Head, a senior research fellow in global health at the University of Southampton. “But pausing a vaccine rollout during a pandemic, when there’s a lot of Covid-19 around, is quite a dramatic decision to make — and I’m not seeing why you would do it.”
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    "For Italy and its neighbors, that call could not have come at a worse time."
blythewallick

Trump reversed course on hosting G-7 at his club after learning that impeachment-weary Republicans were tired of defending him - The Washington Post - 0 views

  • President Trump was forced to abandon his decision to host next year’s Group of Seven summit at his private golf club after it became clear the move had alienated Republicans and swiftly become part of the impeachment inquiry that threatens his presidency.
  • Acting White House chief of staff Mick Mulvaney tried to defend the decision during a news conference but caused a new controversy when he was asked about Trump’s call with the Ukrainian president that sparked the impeachment inquiry. Mulvaney told reporters that Trump had held up nearly $400 million in aid to push the foreign government to investigate Democrats, comments that undercut Trump’s central defense in the inquiry. When a journalist followed up, saying that Mulvaney seemed to be describing a quid pro quo, Mulvaney said “we do that all the time with foreign policy.”
  • Trump blamed his G-7 reversal on critics, saying on Twitter that his decision to scrap plans for a summit at the Doral club was “based on both Media & Democrat Crazed and Irrational Hostility.”AD
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  • Trump’s decision to host next year’s G-7 meeting at his private golf club only increased the anxiety among GOP lawmakers, some of whom have grown weary of having to develop new talking points almost daily.
  • Before he took office, Trump made the unprecedented decision to keep ownership of his businesses — but he promised that he would never use his new power to help them. The Trump Organization’s lawyers promised to avoid even the appearance of “any advantage derived from the Office of the Presidency.”
  • But in practice, Trump has continued to boost his businesses — by talking them up and by visiting them repeatedly, with aides and fellow Republicans in tow.
  • Christie said Trump should not be antagonizing Republicans at a time when he will need their votes to protect him in the impeachment process.
  • “It’s true that he really just thinks his properties are the best,” said a longtime adviser to the president. “He does not understand in his mind why he would have something at someone else’s property.”
  • “Could we have put on an excellent G-7 at Doral? Absolutely,” he said. “Will we end up putting on an excellent G-7 someplace else? Yes, we will.”
Javier E

How the White House Coronavirus Response Went Wrong - The Atlantic - 0 views

  • oping with a pandemic is one of the most complex challenges a society can face. To minimize death and damage, leaders and citizens must orchestrate a huge array of different resources and tools.
  • I have heard military and intelligence officials describe some threats as requiring a “whole of nation” response, rather than being manageable with any one element of “hard” or “soft” power or even a “whole of government” approach. Saving lives during a pandemic is a challenge of this nature and magnitude.
  • “If he had just been paying attention, he would have asked, ‘What do I do first?’ We wouldn’t have passed the threshold of casualties in previous wars. It is a catastrophic failure.”
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  • Aviation is safe in large part because it learns from its disasters. Investigators from the U.S. National Transportation Safety Board go immediately to accident sites to begin assessing evidence. After months or even years of research, their detailed reports try to lay out the “accident chain” and explain what went wrong
  • with respect to the coronavirus pandemic, it has suffered by far the largest number of fatalities, about one-quarter of the global total, despite having less than one-20th of the world’s population.
  • What if the NTSB were brought in to look at the Trump administration’s handling of the pandemic? What would its investigation conclude?
  • This was a journey straight into a mountainside, with countless missed opportunities to turn away. A system was in place to save lives and contain disaster. The people in charge of the system could not be bothered to avoid the doomed course.
  • Timelines of aviation disasters typically start long before the passengers or even the flight crew knew anything was wrong, with problems in the design of the airplane, the procedures of the maintenance crew, the route, or the conditions into which the captain decided to fly. In the worst cases, those decisions doomed the flight even before it took off. My focus here is similarly on conditions and decisions that may have doomed the country even before the first COVID-19 death had been recorded on U.S. soil.
  • What happened once the disease began spreading in this country was a federal disaster in its own right: Katrina on a national scale, Chernobyl minus the radiation. It involved the failure to test; the failure to trace; the shortage of equipment; the dismissal of masks; the silencing or sidelining of professional scientists; the stream of conflicting, misleading, callous, and recklessly ignorant statements by those who did speak on the national government’s behalf
  • As late as February 26, Donald Trump notoriously said of the infection rate, “You have 15 people, and the 15 within a couple of days is going to be down close to zero.” What happened after that—when those 15 cases became 15,000, and then more than 2 million, en route to a total no one can foretell—will be a central part of the history of our times.
  • 1. The Flight Plan
  • the most important event was the H5N1 “bird flu” outbreak, in 2005. It originated in Asia and was mainly confined there, as the SARS outbreak had been two years earlier. Bush-administration officials viewed H5N1 as an extremely close call. “
  • Shortly before Barack Obama left office, his administration’s Pandemic Prediction and Forecasting Science and Technology Working Group—yes, that was a thing—released a report reflecting the progress that had been made in applying remote-sensing and AI tools since the early days of Global Argus. The report is freely available online and notes pointedly that recent technological advances “provide opportunities to mitigate large-scale outbreaks by predicting more accurately when and where outbreaks are likely to occur, and how they will progress.”
  • “Absolutely nothing that has happened has been a surprise. We saw it coming. Not only did we see it, we ran the models and the gaming exercises. We had every bit of the structure in place. We’ve been talking about a biohazard risk like this for years. Anyone who says we did not see this coming has their head in the sand, or is lying through their teeth.”
  • The system the government set up was designed to warn not about improbable “black swan” events but rather about what are sometimes called “gray rhinos.” These are the large, obvious dangers that will sooner or later emerge but whose exact timing is unknown.
  • other U.S. leaders had dealt with foreign cover-ups, including by China in the early stages of the SARS outbreak in 2002. Washington knew enough, soon enough, in this case to act while there still was time.
  • During the Obama administration, the U.S. had negotiated to have its observers stationed in many cities across China, through a program called Predict. But the Trump administration did not fill those positions, including in Wuhan. This meant that no one was on site to learn about, for instance, the unexplained closure on January 1 of the city’s main downtown Huanan Seafood Wholesale Market, a so-called wet market
  • “It was in the briefings by the beginning of January,” a person involved in preparing the president’s briefing book told me. “On that there is no dispute.” This person went on: “But knowing it is in the briefing book is different from knowing whether the president saw it.” He didn’t need to spell out his point, which was: Of course this president did not.
  • To sum up: The weather forecast showed a dangerous storm ahead, and the warning came in plenty of time. At the start of January, the total number of people infected with the virus was probably less than 1,000. All or nearly all of them were in China. Not a single case or fatality had been reported in the United States.
  • 2. The Air Traffic Controllers
  • In cases of disease outbreak, U.S. leadership and coordination of the international response was as well established and taken for granted as the role of air traffic controllers in directing flights through their sectors
  • in normal circumstances, its location in China would have been a plus. Whatever the ups and downs of political relations over the past two decades, Chinese and American scientists and public-health officials have worked together frequently, and positively, on health crises ranging from SARS during George W. Bush’s administration to the H1N1 and Ebola outbreaks during Barack Obama’s.
  • One U.S. official recalled the Predict program: “Getting Chinese agreement to American monitors throughout their territory—that was something.” But then the Trump administration zeroed out that program.
  • “We had cooperated with China on every public-health threat until now,” Susan Shirk, a former State Department official and longtime scholar of Chinese affairs at UC San Diego, told me. “SARS, AIDS, Ebola in Africa, H1N1—no matter what other disputes were going on in the relationship, we managed to carve out health, and work together quite professionally. So this case is just so anomalous and so tragic.” A significant comparison, she said, is the way the United States and the Soviet Union had worked together to eliminate smallpox around the world, despite their Cold War tensions. But now, she said, “people have definitely died because the U.S. and China have been unable to cooperate.”
  • What did the breakdown in U.S.-Chinese cooperation mean in practice? That the U.S. knew less than it would have otherwise, and knew it later; that its actions brought out the worst (rather than the merely bad) in China’s own approach to the disease, which was essentially to cover it up internally and stall in allowing international access to emerging data; that the Trump administration lost what leverage it might have had over Chinese President Xi Jinping and his officials; and that the chance to keep the disease within the confines of a single country was forever lost.
  • In addition to America’s destruction of its own advance-warning system, by removing CDC and Predict observers, the Trump administration’s bellicose tone toward China had an effect. Many U.S. officials stressed that a vicious cycle of blame and recrimination made public health an additional source of friction between the countries, rather than a sustained point of cooperation, as it had been for so many years.
  • “The state of the relationship meant that every U.S. request was met with distrust on the Chinese side, and every Chinese response was seen on the American side as one more attempt to cover up,”
  • Several officials who had experience with China suggested that other presidents might have called Xi Jinping with a quiet but tough message that would amount to: We both know you have a problem. Why don’t we work on it together, which will let you be the hero? Otherwise it will break out and become a problem for China and the whole world.
  • “It would have taken diplomatic pressure on the Chinese government to allow us to insert our people” into Wuhan and other disease centers, Klain said. “The question isn’t what leverage we had. The point is that we gave up leverage with China to get the trade deal done. That meant that we didn’t put leverage on China’s government. We took their explanations at face value.”
  • 3. The Emergency Checklist
  • The president’s advance notice of the partial European ban almost certainly played an important part in bringing the infection to greater New York City. Because of the two-day “warning” Trump gave in his speech, every seat on every airplane from Europe to the U.S. over the next two days was filled. Airport and customs offices at the arrival airports in the U.S. were unprepared and overwhelmed. News footage showed travelers queued for hours, shoulder to shoulder, waiting to be admitted to the U.S. Some of those travelers already were suffering from the disease; they spread it to others. On March 11, New York had slightly more than 220 diagnosed cases. Two weeks later, it had more than 25,000. Genetic testing showed that most of the infection in New York was from the coronavirus variant that had come through Europe to the United States, rather than directly from China (where most of the early cases in Washington State originated).
  • Aviation is safe because, even after all the advances in forecasting and technology, its culture still imagines emergencies and rehearses steps for dealing with them.
  • Especially in the post-9/11 era of intensified concern about threats of all sorts, American public-health officials have also imagined a full range of crises, and have prepared ways to limit their worst effects. The resulting official “playbooks” are the equivalent of cockpit emergency checklists
  • the White House spokesperson, Kayleigh McEnany, then claimed that whatever “thin packet of paper” Obama had left was inferior to a replacement that the Trump administration had supposedly cooked up, but which has never been made public. The 69-page, single-spaced Obama-administration document is officially called “Playbook for Early Response to High-Consequence Infectious Disease Threats and Biological Incidents” and is freely available online. It describes exactly what the Trump team was determined not to do.
  • What I found remarkable was how closely the Obama administration’s recommendations tracked with those set out 10 years earlier by the George W. Bush administration, in response to its chastening experience with bird flu. The Bush-era work, called “National Strategy for Pandemic Influenza” and publicly available here, differs from the Obama-era playbook mainly in the simpler forms of technology on which it could draw
  • consider the one below, and see how, sentence by sentence, these warnings from 2005 match the headlines of 2020. The topic was the need to divide responsibility among global, national, state, and community jurisdictions in dealing with the next pandemic. The fundamental premise—so widely shared that it barely needed to be spelled out—was that the U.S. federal government would act as the indispensable flywheel, as it had during health emergencies of the past. As noted, it would work with international agencies and with governments in all affected areas to coordinate a global response. Within its own borders it would work with state agencies to detect the potential for the disease’s spread and to contain cases that did arise:
  • Referring to the detailed pandemic playbooks from the Bush and Obama administrations, John R. Allen told me: “The moment you get confirmation of a problem, you would move right to the timeline. Decisions by the president, actions by the secretary of defense and the CDC, right down the list. You’d start executing.”Or, in the case of the current administration, you would not. Reading these documents now is like discovering a cockpit checklist in the smoking wreckage.
  • 4. The Pilot
  • a virtue of Sully is the reminder that when everything else fails—the forecasts, the checklists, the triply redundant aircraft systems—the skill, focus, and competence of the person at the controls can make the difference between life and death.
  • So too in the public response to a public-health crisis. The system was primed to act, but the person at the top of the system had to say, “Go.” And that person was Donald Trump.
  • n a resigned way, the people I spoke with summed up the situation this way: You have a head of government who doesn’t know anything, and doesn’t read anything, and is at the mercy of what he sees on TV. “And all around him, you have this carnival,”
  • “There would be some ballast in the relationship,” this person said. “Now all you’ve got is the trade friction”—plus the personal business deals that the president’s elder daughter, Ivanka, has made in China,
  • 5. The Control Systems
  • The deadliest airline crash in U.S. history occurred in 1979. An American Airlines DC-10 took off from O’Hare Airport, in Chicago—and just as it was leaving the ground, an incorrectly mounted engine ripped away from one of the wings. When the engine’s pylon was pulled off, it cut the hydraulic lines that led from the cockpit to the control surfaces on the wings and tail. From that point on, the most skillful flight crew in the world could not have saved the flight.
  • By the time the pandemic emerged, it may have already been too late. The hydraulic lines may already have been too damaged to transmit the signals. It was Trump himself who cut them.
  • The more complex the organization, the more its success or failure turns on the skill of people in its middle layers—the ones who translate a leader’s decision to the rest of the team in order to get results. Doctors depend on nurses; architects depend on contractors and craftsmen; generals depend on lieutenants and sergeants
  • Because Donald Trump himself had no grasp of this point, and because he and those around him preferred political loyalists and family retainers rather than holdovers from the “deep state,” the whole federal government became like a restaurant with no cooks, or a TV station with stars but no one to turn the cameras on.
  • “There is still resilience and competence in the working-level bureaucracy,” an intelligence-agency official told me. “But the layers above them have been removed.”
  • Traditionally, the National Security Council staff has comprised a concentration of highly knowledgeable, talented, and often ambitious younger figures, mainly on their way to diplomatic or academic careers.
  • “There is nobody now who can play the role of ‘senior China person,’” a former intelligence official told me. “In a normal administration, you’d have a lot of people who had spent time in Asia, spent time in China, knew the goods and bads.” Also in a normal administration, he and others pointed out, China and the United States would have numerous connective strands
  • The United States still possesses the strongest economy in the world, its military is by far the most powerful, its culture is diverse, and, confronted with the vicissitudes of history, the country has proved resilient. But a veteran of the intelligence world emphasized that the coronavirus era revealed a sobering reality. “Our system has a single point-of-failure: an irrational president.” At least in an airplane cockpit, the first officer can grab the controls from a captain who is steering the aircraft toward doom.
  • Every president is “surprised” by how hard it is to convert his own wishes into government actions
  • Presidents cope with this discovery in varying ways. The people I spoke with had served in past administrations as early as the first George Bush’s. George H. W. Bush came to office with broad experience in the federal government—as much as any other president. He had been vice president for eight years, a CIA director, twice an ambassador, and a member of Congress. He served only four years in the Oval Office but began with a running start. Before he became president, Bill Clinton had been a governor for 12 years and had spent decades learning and talking about government policies. A CIA official told me that Clinton would not read his President’s Daily Briefs in the morning, when they arrived, but would pore over them late at night and return them with copious notes. George W. Bush’s evolution from dependence on the well-traveled Dick Cheney, in his first term, to more confident control, in his second, has been well chronicled. As for Obama, Paul Triolo told me: “By the end of his eight years, Obama really understood how to get the bureaucracy to do what he wanted done, and how to get the information he needed to make decisions.” The job is far harder than it seems. Donald Trump has been uninterested in learning the first thing about it.
  • In a situation like this, some of those in the “regular” government decide to struggle on. Others quit—literally, or in the giving-up sense
  • The ‘process’ is just so chaotic that it’s not a process at all. There’s no one at the desk. There’s no one to read the memos. No one is there.”
  • “If this could happen to Fauci, it makes people think that if they push too hard in the wrong direction, they’ll get their heads chopped off. There is no reason in the world something called #FireFauci should even exist. The nation’s leaders should maintain high regard for scientific empiricism, insight, and advice, and must not be professionally or personally risk averse when it comes to understanding and communicating messages about public safety and health.”
  • Over nearly two decades, the U.S. government had assembled the people, the plans, the connections, and the know-how to spare this nation the worst effects of the next viral mutation that would, someday, arise. That someday came, and every bit of the planning was for naught. The deaths, the devastation, the unforeseeable path ahead—they did not have to occur.
  • The language of an NTSB report is famously dry and clinical—just the facts. In the case of the pandemic, what it would note is the following: “There was a flight plan. There was accurate information about what lay ahead. The controllers were ready. The checklists were complete. The aircraft was sound. But the person at the controls was tweeting. Even if the person at the controls had been able to give effective orders, he had laid off people that would carry them out. This was a preventable catastrophe.”
Javier E

Why 'Ditch the algorithm' is the future of political protest | A-levels | The Guardian - 0 views

  • Our life chances – if we get a visa, whether our welfare claims are flagged as fraudulent, or whether we’re designated at risk of reoffending – are becoming tightly bound up with algorithmic outputs. Could the A-level scandal be a turning point for how we think of algorithms – and if so, what durable change might it spark?
  • Resistance to algorithms has often focused on issues such as data protection and privacy. The young people protesting against Ofqual’s algorithm were challenging something different. They weren’t focused on how their data might be used in the future, but how data had been actively used to change their futures
  • In the future, challenging algorithmic injustices will mean attending to how people’s choices in education, health, criminal justice, immigration and other fields are all diminished by a calculation that pays no attention to our individual personhood.
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  • The Ofqual algorithm was the technical embodiment of a deeply political idea: that a person is only as good as their circumstances dictate. The metric took no account of how hard a person had worked, while its appeal system sought to deny individual redress, and only the “ranking” of students remained from the centres’ inputs
  • The A-level scandal made algorithms an object of direct resistance and exposed what many already know to be the case: that this type of decision-making involves far more than a series of computational steps
  • In their designs and assumptions, algorithms shape the world in which they’re used. To decide whether to include or exclude a data input, or to weight one feature over another are not merely technical questions – they’re also political propositions about what a society can and should be like.
  • In this case, Ofqual’s model decided it’s not possible that good teaching, hard work and inspiration can make a difference to a young person’s life and their grades.
  • The politics of the algorithm were visible for all to see. Many decisions – from what constitutes a “small” subject entry to whether a cohort’s prior attainment should nudge down the distribution curve – had profound and arbitrary effects on real lives
  • Grappling openly and transparently with difficult questions, such as how to achieve fairness, is precisely what characterises ethical decision-making in a society. Instead, Ofqual responded with non-disclosure agreements, offering no public insight into what it was doing as it tested competing models.
  • Algorithms offer governments the allure of definitive solutions and the promise of reducing intractable decisions to simplified outputs.
  • This logic runs counter to democratic politics, which express the contingency of the world and the deliberative nature of collective decision-making.
Javier E

How Facebook Failed the World - The Atlantic - 0 views

  • In the United States, Facebook has facilitated the spread of misinformation, hate speech, and political polarization. It has algorithmically surfaced false information about conspiracy theories and vaccines, and was instrumental in the ability of an extremist mob to attempt a violent coup at the Capitol. That much is now painfully familiar.
  • these documents show that the Facebook we have in the United States is actually the platform at its best. It’s the version made by people who speak our language and understand our customs, who take our civic problems seriously because those problems are theirs too. It’s the version that exists on a free internet, under a relatively stable government, in a wealthy democracy. It’s also the version to which Facebook dedicates the most moderation resources.
  • Elsewhere, the documents show, things are different. In the most vulnerable parts of the world—places with limited internet access, where smaller user numbers mean bad actors have undue influence—the trade-offs and mistakes that Facebook makes can have deadly consequences.
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  • According to the documents, Facebook is aware that its products are being used to facilitate hate speech in the Middle East, violent cartels in Mexico, ethnic cleansing in Ethiopia, extremist anti-Muslim rhetoric in India, and sex trafficking in Dubai. It is also aware that its efforts to combat these things are insufficient. A March 2021 report notes, “We frequently observe highly coordinated, intentional activity … by problematic actors” that is “particularly prevalent—and problematic—in At-Risk Countries and Contexts”; the report later acknowledges, “Current mitigation strategies are not enough.”
  • As recently as late 2020, an internal Facebook report found that only 6 percent of Arabic-language hate content on Instagram was detected by Facebook’s systems. Another report that circulated last winter found that, of material posted in Afghanistan that was classified as hate speech within a 30-day range, only 0.23 percent was taken down automatically by Facebook’s tools. In both instances, employees blamed company leadership for insufficient investment.
  • last year, according to the documents, only 13 percent of Facebook’s misinformation-moderation staff hours were devoted to the non-U.S. countries in which it operates, whose populations comprise more than 90 percent of Facebook’s users.
  • Among the consequences of that pattern, according to the memo: The Hindu-nationalist politician T. Raja Singh, who posted to hundreds of thousands of followers on Facebook calling for India’s Rohingya Muslims to be shot—in direct violation of Facebook’s hate-speech guidelines—was allowed to remain on the platform despite repeated requests to ban him, including from the very Facebook employees tasked with monitoring hate speech.
  • The granular, procedural, sometimes banal back-and-forth exchanges recorded in the documents reveal, in unprecedented detail, how the most powerful company on Earth makes its decisions. And they suggest that, all over the world, Facebook’s choices are consistently driven by public perception, business risk, the threat of regulation, and the specter of “PR fires,” a phrase that appears over and over in the documents.
  • “It’s an open secret … that Facebook’s short-term decisions are largely motivated by PR and the potential for negative attention,” an employee named Sophie Zhang wrote in a September 2020 internal memo about Facebook’s failure to act on global misinformation threats.
  • In a memo dated December 2020 and posted to Workplace, Facebook’s very Facebooklike internal message board, an employee argued that “Facebook’s decision-making on content policy is routinely influenced by political considerations.”
  • To hear this employee tell it, the problem was structural: Employees who are primarily tasked with negotiating with governments over regulation and national security, and with the press over stories, were empowered to weigh in on conversations about building and enforcing Facebook’s rules regarding questionable content around the world. “Time and again,” the memo quotes a Facebook researcher saying, “I’ve seen promising interventions … be prematurely stifled or severely constrained by key decisionmakers—often based on fears of public and policy stakeholder responses.”
  • And although Facebook users post in at least 160 languages, the company has built robust AI detection in only a fraction of those languages, the ones spoken in large, high-profile markets such as the U.S. and Europe—a choice, the documents show, that means problematic content is seldom detected.
  • A 2020 Wall Street Journal article reported that Facebook’s top public-policy executive in India had raised concerns about backlash if the company were to do so, saying that cracking down on leaders from the ruling party might make running the business more difficult.
  • Employees weren’t placated. In dozens and dozens of comments, they questioned the decisions Facebook had made regarding which parts of the company to involve in content moderation, and raised doubts about its ability to moderate hate speech in India. They called the situation “sad” and Facebook’s response “inadequate,” and wondered about the “propriety of considering regulatory risk” when it comes to violent speech.
  • “I have a very basic question,” wrote one worker. “Despite having such strong processes around hate speech, how come there are so many instances that we have failed? It does speak on the efficacy of the process.”
  • Two other employees said that they had personally reported certain Indian accounts for posting hate speech. Even so, one of the employees wrote, “they still continue to thrive on our platform spewing hateful content.”
  • Taken together, Frances Haugen’s leaked documents show Facebook for what it is: a platform racked by misinformation, disinformation, conspiracy thinking, extremism, hate speech, bullying, abuse, human trafficking, revenge porn, and incitements to violence
  • It is a company that has pursued worldwide growth since its inception—and then, when called upon by regulators, the press, and the public to quell the problems its sheer size has created, it has claimed that its scale makes completely addressing those problems impossible.
  • Instead, Facebook’s 60,000-person global workforce is engaged in a borderless, endless, ever-bigger game of whack-a-mole, one with no winners and a lot of sore arms.
  • Zhang details what she found in her nearly three years at Facebook: coordinated disinformation campaigns in dozens of countries, including India, Brazil, Mexico, Afghanistan, South Korea, Bolivia, Spain, and Ukraine. In some cases, such as in Honduras and Azerbaijan, Zhang was able to tie accounts involved in these campaigns directly to ruling political parties. In the memo, posted to Workplace the day Zhang was fired from Facebook for what the company alleged was poor performance, she says that she made decisions about these accounts with minimal oversight or support, despite repeated entreaties to senior leadership. On multiple occasions, she said, she was told to prioritize other work.
  • A Facebook spokesperson said that the company tries “to keep people safe even if it impacts our bottom line,” adding that the company has spent $13 billion on safety since 2016. “​​Our track record shows that we crack down on abuse abroad with the same intensity that we apply in the U.S.”
  • Zhang's memo, though, paints a different picture. “We focus upon harm and priority regions like the United States and Western Europe,” she wrote. But eventually, “it became impossible to read the news and monitor world events without feeling the weight of my own responsibility.”
  • Indeed, Facebook explicitly prioritizes certain countries for intervention by sorting them into tiers, the documents show. Zhang “chose not to prioritize” Bolivia, despite credible evidence of inauthentic activity in the run-up to the country’s 2019 election. That election was marred by claims of fraud, which fueled widespread protests; more than 30 people were killed and more than 800 were injured.
  • “I have blood on my hands,” Zhang wrote in the memo. By the time she left Facebook, she was having trouble sleeping at night. “I consider myself to have been put in an impossible spot—caught between my loyalties to the company and my loyalties to the world as a whole.”
  • What happened in the Philippines—and in Honduras, and Azerbaijan, and India, and Bolivia—wasn’t just that a very large company lacked a handle on the content posted to its platform. It was that, in many cases, a very large company knew what was happening and failed to meaningfully intervene.
  • solving problems for users should not be surprising. The company is under the constant threat of regulation and bad press. Facebook is doing what companies do, triaging and acting in its own self-interest.
lilyrashkind

June Poised to be Major Month for Coronavirus Vaccine Decisions | Health News | US News - 0 views

  • The Food and Drug Administration’s vaccine advisory committee has several meetings scheduled for June, including a two-day meeting in mid-June when experts will consider whether to allow shots from Moderna and Pfizer in America’s youngest kids – a major milestone that has eluded parents for months.
  • Additionally, the committee meets at the end of June to discuss whether and how to modify the coronavirus vaccine to combat circulating variants.The pair of developments could mean major changes on the vaccine front. Many parents have criticized the Biden administration for moving too slowly to authorize a coronavirus vaccine for the youngest children as record numbers became infected and hospitalized during the omicron wave. Meanwhile, experts have raised concerns over waning vaccine efficacy while waves of new coronavirus variants wash over the country and show no signs of slowing.
  • The company said that the majority of infections were mild and that no kids developed severe cases of COVID-19, but it acknowledged that efficacy of the vaccine dropped during the omicron surge. It added that it is “preparing to evaluate the potential of a booster dose for all pediatric populations.”
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  • Despite mounting anticipation for the decision, the percentage of parents who will get their young children vaccinated is likely to be low compared to other age groups. A survey from February found that 31% of parents of children in the age range will get their kid vaccinated right away if a vaccine is authorized.
  • The decision has to come this month “because of the time required for manufacturing the necessary doses,” three of FDA’s top officials – FDA Commissioner Robert Califf, vaccine expert Peter Marks and principal deputy commissioner Janet Woodcock – wrote in a paper published by the journal JAMA in May.Both Pfizer and Moderna are studying vaccines designed to combat omicron and other strains. However, data on the shots remains scarce.
  • Clinical data from Moderna’s shot is expected this month, according to the company. Moderna in April released findings to support its booster shot development strategy, but the data comes after research in animals suggested the omicron-specific shot might not provide additional protection. A study from scientists at the National Institutes of Allergy and Infectious Diseases’s Vaccine Research Center found that primates boosted with the original vaccine had similar levels of protection as monkeys who got an omicro
  • The Biden administration has warned of potential fall and winter surges infecting up to 100 million Americans as it gears up for a fall booster shot campaign, whether that is with an omicron-specific shot or not. The FDA authorized a fourth vaccine dose for people ages 50 and older in March, and expanding the shot to more age groups is under consideration.“Administering additional COVID-19 vaccine doses to appropriate individuals this fall around the time of the usual influenza vaccine campaign has the potential to protect susceptible individuals against hospitalization and death, and therefore will be a topic for FDA consideration,” the officials wrote.In fact, the officials said that coronavirus booster shots could be on their way to becoming a yearly occurrence.
  • It is time to “accept that the presence of SARS-CoV-2, the virus that causes COVID-19, is the new normal,” according to the officials.“It will likely circulate globally for the foreseeable future, taking its place alongside other common respiratory viruses such as influenza,” they wrote.But paying for the shots remains an issue for the Biden administration as Congress shows little appetite for approving more COVID-19 funding.
johnsonma23

Consensus Is the Supreme Court's New Majority - The New York Times - 0 views

  • Consensus Is the Supreme Court’s New Majority
  • The Supreme Court has gone into hibernation, withdrawing from the central role it has played in American life throughout Chief Justice John G. Roberts Jr.’s decade on the court.
  • The court had leaned right until the death of Justice Antonin Scalia in February.
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  • “I give great credit to the chief justice, who I think in general is a person who is concerned about consensus building, and I think all the more so now,
  • Opinions vary about whether a Supreme Court that does little is good for the nation, but the trend is certainly a testament to Chief Justice Roberts’s leadership. He has long said he favors narrow decisions endorsed by large majorities, and it turns out that goal is easier to achieve on an eight-member court. Advertisement Continue reading the main story
  • The justices will continue to issue decisions in most cases, but many will be modest and ephemeral, like Monday’s opinion returning a major case on access to contraception to the lower courts for further consideration.
  • “Yesterday’s contraception case shows why an equally divided court among liberals and conservatives has many benefits for our country, and also why the sky-is-falling claims by many court watchers about an eight-member court are overstated,”
  • “This type of consensus decision making,” Professor Segall said, “is a welcome change from the normal political and sometimes partisan approach we normally see in important 5-4 opinions, where one side can impose its own agenda on the parties and the country.”
  • forcing public workers to support unions they had declined to join violated the First Amendment. Justice Scalia’s questions were consistently hostile to the unions.
  • Four days before he died, the court blocked the Obama administration’s effort to combat global warming by regulating emissions from coal-fired power plants. The vote was 5 to 4, with the court’s conservatives in the majority.
  • The court has three major decisions left to decide before the justices take their summer break: on abortion, immigration and affirmative action.
  • All of this term’s blockbusters were added to the court’s docket before Justice Scalia died. Since then, the justices have agreed to hear just seven cases, and none of them concern issues of broad public interest
  • The next term, which starts in October, is thus shaping up to be a thin and quiet one. Until the next justice arrives, the Supreme Court will remain on the sideline of American life
redavistinnell

Donald Trump's most bone-chilling tweet (opinion) - CNN.com - 0 views

  • Donald Trump's most bone-chilling tweet
  • On Saturday morning, President Donald Trump may have unleashed his most bone-chilling tweet -- at least to those who believe the United States should not become a Trump-led dictatorship
  • Here is Trump's truly jaw-dropping tweet from Saturday morning: "The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!"
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  • But Trump is apparently attempting to delegitimize our federal judiciary by calling Judge James Robart, a George W. Bush-appointed judge, a "so-called" judge while arguing that his decision is "ridiculous."
  • The President truly appears to be leading a master class in transforming the United States into a dictatorship. Trump -- and it's fair to assume it is by design -- has sought to undermine anyone or anything that tries to counter him.
  • The practical result is that when the media calls out Trump's lies and presents objective facts to counter him, his followers will likely dismiss the media reports and instead side with Trump.
  • Would
  • But this time it's far more disturbing given Trump is not a candidate, but president of the United States. The rationale must be assumed to be the same, namely that Trump wants to delegitimize the judiciary so that court decisions Trump disagrees with will be viewed by his followers as at the least horribly partisan, or at worst invalid.
  • hen Trump went after our intelligence agencies because he didn't agree with their views on Russia's involvement in our recent election. Trump lashed out, calling these agencies, charged with gathering information for our national security, "disgraceful" and accusing them of leaking information, comparing it to "something that Nazi Germany would have done."
  • Trump do the same if he had passionately disagreed with the Court's decision or would he simply ignore it while attacking the legitimacy of our judiciary, sparking a constitutional crisis? And would certain Trump-supporting federal agency heads, or even federal officers, refuse to follow court orders (or at least do it very slowly) because Trump has convinced them the federal judiciary's decisions cannot be trusted?
  • And according to a CNN/ORC poll, while Trump has only a 44% approval rating overall, 90% of Republicans think he's doing a good job.
  • Trump's concerted attacks to delegitimize our media, our intelligence community and now our federal judiciary would have no doubt alarmed them. And it should be terrifying to every American who truly believes in our Constitution and in the promise of America.
Javier E

Peak Intel: How So-Called Strategic Intelligence Actually Makes Us Dumber - Eric Garland - International - The Atlantic - 0 views

  • the culture of intelligence has been in free-fall since the financial crisis of 2008. While people may be pretending to follow intelligence, impostors in both the analyst and executive camps actually follow shallow, fake processes that justify their existing decisions and past investments.
  • three trends are making this harder
  • the explosion of cheap capital from Wall Street has led major industries to consolidate. Where a sector such as pharmaceuticals or telecommunications (and, of course, banking) might have had dozens of big players a couple of decades ago, now it has closer to five. When I began in the intelligence industry 15 years ago, I did projects for Compaq, Amoco, Wyeth Pharmaceuticals, and Cingular -- all of which have since been rolled into the conglomerates of Hewlett Packard, British Petroleum, Pfizer, and AT&T. There are fewer firms for an intelligence analyst to track, and their behavior has to be understood on totally different terms than when this discipline was created.
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  • One cannot predict the future of a marketplace by trend analysis alone, because oligopolies do not compete the same way as do firms in free markets. 
  • industry consolidations have created gigantic bureaucracies. Hierarchical organizations have a very different logic than smaller firms. In less consolidated industries, success and failure are largely the result of the decisions you make, so intelligence about the reality of the marketplace is critical. Life is different in gigantic organizations, where success and failure are almost impossible to attribute to individual decisions.
  • In large, slow-moving bureaucracies, conventional thinking and risk avoidance become paramount
  • , the world's economy is today driven more by policy makers than at any time in recent history. At the behest of government officials, banks have been shielded from the consequences of their market decisions, and in many cases exempt from prosecution for their potential law-breaking. Nation-state policy-makers pick the winners in industries
  • How can you use classical competitive analysis to examine the future of markets when the relationships between firms and government agencies are so incestuous and the choices of consumers so severely limited by industrial consolidation?
  • Companies still need guidance, but if rational analysis is nearly impossible, is it any wonder that executives are asking for less of it? What they are asking for is something, well, less productive.
  • executives today do not do well when their analysts confront them with challenging, though often relatively benign, predictions. Confusion, anger, and psychological transference are common responses to unwelcome analysis.
Javier E

Roberts's Rules - The Atlantic - 0 views

  • Roberts seemed frustrated by the degree to which the media focused on the handful of divisive cases rather than on the greater number of unanimous ones, and also by the degree to which some of his colleagues were acting more like law professors than members of a collegial Court.
  • “If the Court in Marshall’s era had issued decisions in important cases the way this Court has over the past thirty years, we would not have a Supreme Court today of the sort that we have,” he said. “That suggests that what the Court’s been doing over the past thirty years has been eroding, to some extent, the capital that Marshall built up.” Roberts added, “I think the Court is also ripe for a similar refocus on functioning as an institution, because if it doesn’t it’s going to lose its credibility and legitimacy as an institution.”
  • Roberts believes that Marshall’s temperament and worldview came from his experiences as a soldier at Valley Forge, where he developed a commitment to the success of the nation. “Some have speculated that the real root of Marshall’s ill feeling to Jefferson was that Jefferson was not at Valley Forge, was not in the fight, and had what Marshall might regard as a somewhat precious attachment to ideas for the sake of ideas, while Marshall was more personally invested in the success of the American experiment.
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  • Roberts said his decision to embrace Marshall’s vision was a reaction to “the personalization of judicial politics.”
  • Roberts praised justices who were willing to put the good of the Court above their own ideological agendas. “A justice is not like a law professor, who might say, ‘This is my theory … and this is what I’m going to be faithful to and consistent with,’ and in twenty years will look back and say, ‘I had a consistent theory of the First Amendment as applied to a particular area,’”
  • Instead of nine justices moving in nine separate directions, Roberts said, “it would be good to have a commitment on the part of the Court to acting as a Court, rather than being more concerned about the consistency and coherency of an individual judicial record.”
  • I think it’s bad, long-term, if people identify the rule of law with how individual justices vote.”
  • n Roberts’s view, the most successful chief justices help their colleagues speak with one voice. Unanimous, or nearly unanimous, decisions are hard to overturn and contribute to the stability of the law and the continuity of the Court; by contrast, closely divided, 5–4 decisions make it harder for the public to respect the Court as an impartial institution that transcends partisan politics.
  • “It’s sobering to think of the seventeen chief justices; certainly a solid majority of them have to be characterized as failures,” Roberts said with a rueful smile. “The successful ones are hard to number.”
  • “the chief’s ability to get the Court to do something is really quite restrained.
Javier E

Volkswagen, Johnson & Johnson, and Corporate Responsibility - The Atlantic - 0 views

  • The sociologist Diane Vaughan coined the phrase the normalization of deviance to describe a cultural drift in which circumstances classified as “not okay” are slowly reclassified as “okay.”
  • In the case of the Challenger space-shuttle disaster—the subject of a landmark study by Vaughan—damage to the crucial O‑rings had been observed after previous shuttle launches. Each observed instance of damage, she found, was followed by a sequence “in which the technical deviation of the [O‑rings] from performance predictions was redefined as an acceptable risk.”
  • Repeated over time, this behavior became routinized into what organizational psychologists call a “script.” Engineers and managers “developed a definition of the situation that allowed them to carry on as if nothing was wrong.” To clarify: They were not merely acting as if nothing was wrong. They believed it, bringing to mind Orwell’s concept of doublethink, the method by which a bureaucracy conceals evil not only from the public but from itself.
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  • If that comparison sounds overwrought, consider the words of Denny Gioia, a management professor at Penn State who, in the early 1970s, was the coordinator of product recalls at Ford. At the time, the Ford Pinto was showing a tendency to explode when hit from behind, incinerating passengers. Twice, Gioia and his team elected not to recall the car—a fact that, when revealed to his M.B.A. students, goes off like a bomb. “Before I went to Ford I would have argued strongly that Ford had an ethical obligation to recall,” he wrote in the Journal of Business Ethics some 17 years after he’d left the company. “I now argue and teach that Ford had an ethical obligation to recall. But, while I was there, I perceived no strong obligation to recall and I remember no strong ethical overtones to the case whatsoever.”
  • Executives are bombarded with information. To ease the cognitive load, they rely on a set of unwritten scripts imported from the organization around them. You could even define corporate culture as a collection of scripts.
  • back to Volkswagen. You cannot unconsciously install a “defeat device” into hundreds of thousands of cars. You need to be sneaky, and thus deliberate.
  • The most troubling thing, says Vaughan, is the way scripts “expand like an elastic waistband” to accommodate more and more divergence.
  • Embarrassed and unable to overturn the script they themselves had built in the preceding years, Morton-Thiokol’s brass buckled. The “no launch” recommendation was reversed to “launch.”
  • “It’s like losing your virginity,” a NASA teleconference participant later told Vaughan. “Once you’ve done it, you can’t go back.” If you try, you face a credibility spiral: Were you lying then or are you lying now?
  • Scripts are undoubtedly efficient. Managers don’t have to muddle through each new problem afresh, Gioia wrote, because “the mode of handling such problems has already been worked out in advance.” But therein lies the danger. Scripts can be flawed, and grow more so over time, yet they discourage active analysis
  • the final decision to deceive was, on an individual level, rational—the logical end to a long sequence.
  • This sequence of events fits a pattern that appears and reappears in corporate-misconduct cases, beginning with the fantastic commitments made from on high.
  • All of which placed personnel in a position of extreme strain.
  • We know what strain does to people. Even without it, they tend to underestimate the probability of future bad events. Put them under emotional stress, some research suggests, and this tendency gets amplified. People will favor decisions that preempt short-term social discomfort even at the cost of heightened long-term risk. Faced with the immediate certainty of a boss’s wrath or the distant possibility of blowback from a faceless agency, many will focus mostly on the former.
  • What James Burke, Johnson & Johnson’s CEO, did was anticipate the possible results of these pressures, well before they built up. He shared Henry James’s “imagination of disaster.” And it’s why he introduced, if you will, a set of counterscripts. It was a conscious effort to tinker with the unconscious criteria by which decisions at his company were made. The result was an incremental descent into integrity, a slide toward soundness, and the normalization of referencing “Our Credo” in situations that might otherwise have seemed devoid of ethical content.
  • This reaction isn’t excusable. But it is predictable.
  • What we know of Ferdinand Piëch, Volkswagen’s chairman before the scandal, is that he was no James Burke. At a 2008 corruption trial that sent one VW executive to jail, Piëch referred to alleged widespread use of VW funds on prostitutes as mere “irregularities,” and chided a lawyer for mispronouncing Lamborghini. (“Those who can’t afford one should say it properly” were his precise words.) This was around the time the emissions cheating began.
  • “Culture starts at the top,” a businessman recently said in an interview with the Association of Certified Fraud Examiners. “But it doesn’t start at the top with pretty statements. Employees will see through empty rhetoric and will emulate the nature of top-management decision making … A robust ‘code of conduct’ can be emasculated by one action of the CEO or CFO.”
katyshannon

Supreme Court Rules Juveniles Can Challenge Life Sentences - NBC News - 0 views

  • More than a thousand inmates in the nation's prisons who were sentenced as juveniles to life without the possibility of parole can now challenge those punishments, the U.S. Supreme Court ruled Monday.
  • As a general matter, rulings do not apply retroactively. The courts have long held that society has an interest in the finality of convictions. advertisement But by a vote of 6-3, the Supreme Court said its 2012 ruling fit in a special category of exceptions applying to decisions that ban certain forms of punishment for a class of offenders because of their status.
  • Monday's case involved Henry Montgomery, a Louisiana man who at age 17 killed a deputy sheriff in East Baton Rouge. The court in his trial was barred by law from considering arguments that his age should matter, "including evidence that as a scared youth, Mr. Montgomery shot in panic as the officer confronted him playing hooky," his lawyers said.
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  • The decision extended a 2012 ruling, which invalidated future life-without- parole sentence for juvenile murderers, to all such offenders who were given life sentences in the past.
  • Monday's opinion was written by Justice Anthony Kennedy and joined by Chief Justice John Roberts and the court's four liberals, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
  • A total of 2,341 people are now serving mandatory sentences of life without parole for juvenile offenses. Roughly 1,000 of them would be affected by a decision in this case, according to a study by The Phillips Black Project, a non-profit law group that represents prisoners facing severe sentences. The remainder, the study concluded, were imprisoned in states that have already applied the ruling retroactively.
  • Monday's decision said the states do not have to hold new sentencing hearings if they allow juvenile homicide offenders the opportunity to be released on parole. Such a step "ensures that juveniles whose crimes reflected only transient immaturity -- and who have since matured -- will not be forced to serve a disproportionate sentence" in violation of the Constitution's ban on cruel and unusual punishment.
Javier E

Roberts, Leader of Supreme Court's Conservative Majority, Fights Perception That It Is Partisan - The New York Times - 0 views

  • he has taken Justice Kennedy’s place as the swing vote at the court’s ideological center, making him the most powerful chief justice in 80 years.But all of that new power comes at a dangerous time for the court, whose legitimacy depends on the public perception that it is not a partisan institution
  • Controlling the pace of change on a court whose conservative wing is eager to move fast will be the central problem of the next phase of Chief Justice Roberts’s tenure, said Daniel Epps, a law professor at Washington University in St. Louis.
  • “If he’s smart, and he is, what he’s probably thinking is, ‘I do have a substantive agenda of things I want to accomplish. But it’s a lot easier to do that when the court retains its legitimacy. Let’s do as much as we can get away with, but maybe that’s a little less than some of my colleagues to my right think we can get away with,’” Professor Epps said
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  • “One of the greatest crises facing the Supreme Court since Marbury v. Madison was F.D.R.’s court-packing plan,” Chief Justice Roberts said in 2015 at New York University, “and it fell to Hughes to guide a very unpopular Supreme Court through that high-noon showdown against America’s most popular president since George Washington.”
  • “There are things to learn from it,” he said, and he has seemed to apply those lessons to a series of clashes with Mr. Trump, who has attacked the very idea of judicial independence.
  • . He insisted, against the weight of substantial evidence, that “we do not have Obama judges or Trump judges, Bush judges or Clinton judges
  • Political science data refute that assertion, as do the fights over judicial confirmations. Indeed, the most recent battle, over Justice Kavanaugh, damaged the court’s reputation precisely because the court was portrayed as a political prize.
  • he must view the idea that judging is wholly separate from politics as a useful fiction, a worthy aspiration and, most important, crucial to the court’s standing.
  • The court’s other four Republican appointees — Justices Kavanaugh, Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch — sent a different message not long after, all attending the annual gala dinner of the Federalist Society, the conservative legal group
  • court watchers could not recall a show of force like the one by their conservative colleagues in 2018.
  • Enthusiasm among conservatives for the chief justice has tempered since President George W. Bush nominated him in 2005. They point to his two votes to uphold President Barack Obama’s health care law and a leftward drift documented by political scientists
  • In the term that ended in June, for instance, Chief Justice Roberts’s voting record was almost indistinguishable from that of Justice Kennedy.
  • There is no question, however, that Chief Justice Roberts’s voting record has been generally conservative. On issues of racial discrimination, religion, voting and campaign finance, his views are squarely in the mainstream of conservative legal thinking.
  • He voted with five-justice majorities in District of Columbia v. Heller, the 2008 Second Amendment decision that established an individual right to own guns; Citizens United, the 2010 campaign finance decision that amplified the role of money in politics; and Shelby County v. Holder, the 2013 voting rights decision that effectively gutted the Voting Rights Act.
  • But by casting the decisive vote to save Mr. Obama’s signature legislative achievement, the Affordable Care Act, he transformed his reputation. Liberals hailed him as a statesman. Conservatives denounced him as a traitor.
  • Mr. Trump, years before he ran for president, was in the second group. “I guess @JusticeRoberts wanted to be a part of Georgetown society more than anyone knew,” he wrote on Twitter, citing a fake Twitter handle. During his presidential campaign, Mr. Trump called Chief Justice Roberts “an absolute disaster.”
  • “Moderation, not just in terms of ideological moderation but also humility, is kind of his thing,” he said. “He seems to write limited opinions. He doesn’t reach any further than he has to. He clearly distinguishes between what he is doing as a judge and what he might believe in terms of policy.”
  • The court will have to soon decide whether to hear two sets of cases concerning Trump administration initiatives to revoke protections for unauthorized immigrants brought to the United States as children and to bar transgender people from military service.
  • While Chief Justice Roberts may be inclined to avoid politically charged issues and quietly rebuild his court’s authority, it takes only four votes to add a case to its docket
Javier E

The second-most dangerous American - The Washington Post - 0 views

  • Because John Bolton is five things President Trump is not — intelligent, educated, principled, articulate and experienced — and because of Bolton’s West Wing proximity to a president responsive to the most recent thought he has heard emanating from cable television or an employee, Bolton will soon be the second-most dangerous American
  • he will be the first national security adviser who, upon taking up residence down the hall from the Oval Office, will be suggesting that the United States should seriously consider embarking on war crimes.
  • The first two charges against the major Nazi war criminals in the 1945-1946 Nuremberg trials concerned waging aggressive war
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  • Bolton, for whom a trade war with many friends and foes is insufficiently stimulating, favors real wars against North Korea and Iran. Both have odious regimes, but neither can credibly be said to be threatening an imminent attack against the United States. Nevertheless, Bolton thinks bombing both might make the world safer. What could go wrong?
  • to speak of, say, a sincere sofa is to commit what philosophers call a “category mistake” — sofas are incapable of sincerity — and to speak of this president’s convictions (or plans, or policies) about this or that is a category mistake.
  • It is frequently said that the decision to invade Iraq was the worst U.S. foreign policy decision since Vietnam. Actually, it was worse than Vietnam, and the worst in American history, for two reasons.
  • One is that so far we probably have paid no more that 20 percent of the eventual costs of that decision that enhanced Iran’s ascendancy.
  • The other reason is that America gradually waded waist deep into Vietnam without a crossing-the-Rubicon moment — a single clear, dispositive decision. In contrast, the protracted preparation for invading Iraq was deliberative and methodical.
  • Bolton’s belief in the U.S. power to make the world behave and eat its broccoli reflects what has been called “narcissistic policy disorder” — the belief that whatever happens in the world happens because of something the United States did or did not do. This is a recipe for diplomatic delusions and military overreaching
  • Speaking of delusions, one died last week — the belief that this president could be safely cocooned within layers of adult supervision
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