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Biden Revokes Trump's Pause on Green Cards - The New York Times - 0 views

  • President Biden reopened the country on Wednesday to people seeking green cards, ending a ban on legal immigration that President Donald J. Trump imposed last spring, citing what he said was the need to protect American jobs during the pandemic.
  • the ban did “not advance the interests of the United States,”
  • “To the contrary,” Mr. Biden said of his predecessor’s immigration ban, “it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world.”
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  • At the time, Mr. Trump described his action as a way to protect Americans, millions of whom lost their jobs as the threat of the coronavirus shut down the economy.
  • “By pausing immigration, we will help put unemployed Americans first in line for jobs as America reopens. So important,” Mr. Trump said. “It would be wrong and unjust for Americans laid off by the virus to be replaced with new immigrant labor flown in from abroad. We must first take care of the American worker.”
  • Critics of Mr. Trump accused him of using the pandemic as an excuse to further advance his agenda of severely restricting immigration.
  • An analysis by the Migration Policy Institute at the time estimated that the policy could affect as many as 660,000 people.
  • In his legislation, the president would provide an eight-year path to citizenship for most of the 11 million undocumented immigrants living in the United States.
Javier E

Axios Future - 0 views

  • 1 big thing: America's poor health is jeopardizing its future
  • An analysis published this week by researchers at Columbia University's National Center for Disaster Preparedness found at least 130,000 of America's 212,000 COVID-19 deaths so far would have been avoidable had the U.S. response been in line with that of other wealthy countries.
  • That failure is even more glaring when you consider that just last year the U.S. was ranked as the country most prepared for a pandemic, according to the Global Health Security Index.
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  • What that index didn't take into account — and what has compounded months of governmental failures — is that even before COVID-19 arrived on its shores, the U.S. was an unusually sick country for its level of wealth and development.
  • High blood pressure, obesity and metabolic disorders are all on the rise in the U.S.
  • Healthy life expectancy — the number of years people can expect to live without disability — is 65.5 years in the U.S., more than two decades fewer than in Japan.
  • 65,700 Americans died of drug overdoses in 2019, more than double the number in 2010. Those deaths account for more than half of all drug overdose fatalities worldwide and held down life expectancy in the U.S.
  • Mortality for mothers and children under 5 is 6.5 per 1,000 live births in the U.S., compared to 4.9 for other wealthy countries.
  • All in all, more than 40% of American adults have a pre-existing health condition that puts them at higher risk of severe COVID-19.
  • A study published in August found cardiovascular disease can double a patient's risk of dying from COVID-19, while diabetics — who number more than 30 million in the U.S. — are 1.5 times more likely to die.
  • Context: Lancet Editor-in-Chief Richard Horton has called COVID-19 a "syndemic" — a synergistic epidemic of a new and deadly infectious disease and numerous underlying health problems. The U.S. is squarely in the heart of that syndemic.
  • Those conditions are particularly prevalent in minority communities with unequal health care access that have disproportionately suffered from COVID-19.
  • A report from McKinsey earlier this month estimated that poor health costs the U.S. economy about $3.2 trillion a year
  • For every $1 invested in targeting population health, the U.S. stands to gain almost $4 in economic benefit, and altogether health improvements could add up to a 10% boost to U.S. GDP by 2040.
  • The bottom line: There is no excuse for the way the U.S. has mishandled COVID-19, but the seeds of this catastrophe were planted well before the novel coronavirus arrived on American shores.
  • 2. How movement spread COVID-19
  • What's happening: Researchers in Germany studied the effect of entry bans and mandatory quarantines on COVID-19 mortality, and found the earlier such measures were implemented, the greater the effect they had on limiting deaths.
  • Of note: The study found mandatory quarantines for incoming travelers were more effective than outright entry bans, largely because such bans often exempted citizens and permanent residents, while quarantines usually applied to everyone.
  • The U.S. lost track of at least 1,600 people flying in from China in just the first few days after the ban went into effect, according to reporting from the AP.
  • Border controls are of little use if governments don't track and quarantine travelers coming from infected areas.
  • The bottom line: A virus only moves with its host. One lesson we should learn for future pandemics is that restricting that movement is key to controlling a new pathogen, even though the costs of such controls will only grow in a globalized world.
Javier E

Opinion | 'Killers of the Flower Moon' Is Coming to Theaters, But Being Erased from Classrooms - The New York Times - 0 views

  • Numerous other Osage had died suspiciously — the cause of death often cloaked behind alcoholic poisoning or wasting illness or as simply unknown. Despite evidence that the victims had been murdered for their oil money, the cases were never properly investigated. Moreover, they could not be linked to the same killer caught by the bureau. The history of the Reign of Terror was less a question of who did it than who didn’t do it.
  • It was about a widespread culture of killing. It was about prominent white citizens who paid for killings, doctors who administered poisons, morticians who ignored evidence of bullet wounds, lawmen and prosecutors who were on the take and many others who remained complicit in their silence — all because they were profiting from what they referred to openly as the “Indian business.” The real death toll was undoubtedly higher than 24. One bureau agent admitted: “There are so many of these murder cases. There are hundreds and hundreds.”
  • The Osage had these events seared in their memories. Yet most Americans had excised even the bureau’s sanitized account from their consciences. Like the Tulsa Race Massacre, which occurred during the same period, the Osage Reign of Terror was generally not taught in schools, even in Oklahoma
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  • even now, as their stories are being dramatized in a movie and shown in theaters across the country, there is a campaign in Oklahoma — this time with legislation — to deter the history from being taught in schools.
  • The movement to suppress elements of American history extends well beyond Oklahoma. According to an analysis by The Washington Post, more than two dozen states have adopted laws that make it easier to remove books from school libraries and to prevent certain teaching on race, gender and sexuality
  • In 2023, PEN America, which defends freedom of speech, reported that book bans in U.S. public school classrooms and libraries had surged 33 percent over the previous school year, with more than 3,000 recorded removals; among them are classics by the Nobel laureate Toni Morrison (banned in 30 school districts) and Margaret Atwood (banned in 34). School curriculums are being revised to mask discomfiting truths — so much so that in Florida students will now be taught that some African Americans benefited from slavery because it gave them “skills.”
Javier E

How 2020 Forced Facebook and Twitter to Step In - The Atlantic - 0 views

  • mainstream platforms learned their lesson, accepting that they should intervene aggressively in more and more cases when users post content that might cause social harm.
  • During the wildfires in the American West in September, Facebook and Twitter took down false claims about their cause, even though the platforms had not done the same when large parts of Australia were engulfed in flames at the start of the year
  • Twitter, Facebook, and YouTube cracked down on QAnon, a sprawling, incoherent, and constantly evolving conspiracy theory, even though its borders are hard to delineate.
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  • It tweaked its algorithm to boost authoritative sources in the news feed and turned off recommendations to join groups based around political or social issues. Facebook is reversing some of these steps now, but it cannot make people forget this toolbox exists in the future
  • Nothing symbolizes this shift as neatly as Facebook’s decision in October (and Twitter’s shortly after) to start banning Holocaust denial. Almost exactly a year earlier, Zuckerberg had proudly tied himself to the First Amendment in a widely publicized “stand for free expression” at Georgetown University.
  • The evolution continues. Facebook announced earlier this month that it will join platforms such as YouTube and TikTok in removing, not merely labeling or down-ranking, false claims about COVID-19 vaccines.
  • the pandemic also showed that complete neutrality is impossible. Even though it’s not clear that removing content outright is the best way to correct misperceptions, Facebook and other platforms plainly want to signal that, at least in the current crisis, they don’t want to be seen as feeding people information that might kill them.
  • As platforms grow more comfortable with their power, they are recognizing that they have options beyond taking posts down or leaving them up. In addition to warning labels, Facebook implemented other “break glass” measures to stem misinformation as the election approached.
  • Down-ranking, labeling, or deleting content on an internet platform does not address the social or political circumstances that caused it to be posted in the first place
  • Content moderation comes to every content platform eventually, and platforms are starting to realize this faster than ever.
  • Platforms don’t deserve praise for belatedly noticing dumpster fires that they helped create and affixing unobtrusive labels to them
  • Warning labels for misinformation might make some commentators feel a little better, but whether labels actually do much to contain the spread of false information is still unknown.
  • News reporting suggests that insiders at Facebook knew they could and should do more about misinformation, but higher-ups vetoed their ideas. YouTube barely acted to stem the flood of misinformation about election results on its platform.
  • When internet platforms announce new policies, assessing whether they can and will enforce them consistently has always been difficult. In essence, the companies are grading their own work. But too often what can be gleaned from the outside suggests that they’re failing.
  • And if 2020 finally made clear to platforms the need for greater content moderation, it also exposed the inevitable limits of content moderation.
  • Even before the pandemic, YouTube had begun adjusting its recommendation algorithm to reduce the spread of borderline and harmful content, and is introducing pop-up nudges to encourage user
  • even the most powerful platform will never be able to fully compensate for the failures of other governing institutions or be able to stop the leader of the free world from constructing an alternative reality when a whole media ecosystem is ready and willing to enable him. As Renée DiResta wrote in The Atlantic last month, “reducing the supply of misinformation doesn’t eliminate the demand.”
  • Even so, this year’s events showed that nothing is innate, inevitable, or immutable about platforms as they currently exist. The possibilities for what they might become—and what role they will play in society—are limited more by imagination than any fixed technological constraint, and the companies appear more willing to experiment than ever.
lilyrashkind

Europe's Russian Oil Ban Could Mean a New World Order for Energy - The New York Times - 0 views

  • HOUSTON — The European Union’s embargo on most Russian oil imports could deliver a fresh jolt to the world economy, propelling a realignment of global energy trading that leaves Russia economically weaker, gives China and India bargaining power and enriches producers like Saudi Arabia.
  • Europe’s hunt for new oil supplies — and Russia’s quest to find new buyers of its oil — will leave no part of the world untouched, energy experts said. But figuring out the impact on each country or business is difficult because leaders, energy executives and traders will respond in varying ways.
  • China and India could be protected from some of the burden of higher oil prices because Russia is offering them discounted oil. In the last couple of months, Russia has become the second-biggest oil supplier to India, leapfrogging other big producers like Saudi Arabia and the United Arab Emirates. India has several large refineries that could earn rich profits by refining Russian oil into diesel and other fuels in high demand around the world.
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  • “It’s a historic, big deal,” said Robert McNally, an energy adviser to President George W. Bush. “This will reshape not only commercial relationships but political and geopolitical ones as well.”E.U. officials have yet to release all the details of their effort to squelch Russian oil exports but have said those policies will go into effect over months. That is meant to give Europeans time to prepare, but it will also give Russia and its partners time to devise workarounds. Who will adapt
  • In addition, Germany and Poland have pledged to stop importing oil from Russia by pipeline, which means Europeans could reduce Russian imports by 3.3 million barrels a day by the end of the year.And the union has said European companies will no longer be allowed to insure tankers carrying Russian oil anywhere. That ban will also be phased in over several months. Because many of the world’s largest insurers are based in Europe, that move could significantly raise the cost of shipping Russian energy, though insurers in China, India and Russia itself might now pick up some of that business.Before the invasion of Ukraine, roughly half of Russia’s oil exports went to Europe, representing $10 billion in transactions a month. Sales of Russian oil to E.U. members have declined somewhat in the last few months, and those to the United States and Britain have been eliminated.
  • Another hope of Western leaders is that their moves will reduce Russia’s position in the global energy industry. The idea is that despite its efforts to find new buyers in China, India and elsewhere, Russia will export less oil overall. As a result, Russian producers will need to shut wells, which they will not be able to easily restart because of the difficulties of drilling and producing oil in inhospitable Arctic fields.
  • “Why wait six months?” asked David Goldwyn, a top State Department energy official in the Obama administration. “As the sanctions are configured now, all that will happen is you will see more Russian crude and product flow to other destinations,” he said. But he added, “It’s a necessary first step.”
  • Russian natural gas for some time, possibly years. That could preserve some of Mr. Putin’s leverage, especially if gas demand spikes during a cold winter. European leaders have fewer alternatives to Russian gas because the world’s other major suppliers of that fuel — the United States, Australia and Qatar — can’t quickly expand exports substantially.Russia also has other cards to play, which could undermine the effectiveness of the European embargo.
  • India is getting about 600,000 barrels a day from Russia, up from 90,000 a day last year, when Russia was a relatively minor supplier. It is now India’s second-biggest supplier after Iraq.But India could find it difficult to keep buying from Russia if the European Union’s restrictions on European companies insuring Russian oil shipments raise costs too much.“India is a winner,” said Helima Croft, RBC’s head of commodity strategy, “as long as they are not hit with secondary sanctions.”
Javier E

Our Nation Cannot Censor Its Way Back to Cultural Health - 0 views

  • The Supreme Court could not be more clear about the special importance of the First Amendment in the university setting. Cohn quotes these famous words from Sweezy v. New Hampshire:
  • The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise, our civilization will stagnate and die.
  • Yet even when a state agency can regulate the expression of ideas, should it? After all, most cancel culture incidents don’t implicate the First Amendment either. Employers can fire you for your speech. Social media can block any of us from access to their platforms. But in law as in culture, the question of “can” is separate from the question of “should.”
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  • For example, a school board can remove the book Maus from its eighth-grade curriculum (because of profanity and mouse nudity), but should it? A school board can remove To Kill a Mockingbird (for alleged racial insensitivity) from a required reading list, but should it? 
  • In Board of Education v. Pico, a 1982 Supreme Court case that cast doubt on the ability of public schools to ban library books on the basis of their ideas alone, the court’s plurality described a purpose of public education as preparing “individuals for participation as citizens," and as vehicles for "inculcating fundamental values necessary to the maintenance of a democratic political system.”
  • I mounted a Christian defense of American classical liberalism, and I made the case that–while no system of government is perfect–American classical liberalism does possess two cardinal virtues. Its protections of liberty recognize both the dignity and the imperfection of man. 
  • Our nation is a diverse pluralistic constitutional republic, and as James Madison noted in Federalist No. 10, we cannot respond to the inevitable rise of competing factions by suppressing liberty, tempting as that always is. Madison was shrewd and realistic enough to recognize that liberty empowers factions. As he put it, “Liberty is to faction what air is to fire, an aliment without which it instantly expires.”
  • At the same time, however, “it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.”
  • Systematically suppressing ideas in public education does not help our students learn liberty, nor does it prepare them for pluralism. It teaches them to seek protection from ideas and that the method for engaging with difference is through domination. 
  • And few liberties encompass both that dignity and imperfection more than the right to speak. The violation of that right–the deprivation of that dignity–can inflict a profound moral injury on a citizen and it can help perpetuate profound injustices in society and government. As Douglass noted, free speech is the “dread of tyrants.”
  • Moreover, as John Stuart Mill’s argument for free speech demonstrates, free speech rests on a foundation of humility.
  • Summarizing Mill, Greg articulates “three possibilities in any given argument:
  • You are wrong, in which case freedom of speech is essential to allow people to correct you.
  • You are partially correct, in which case you need free speech and contrary viewpoints to help you get a more precise understanding of what the truth really is.
  • You are 100% correct, in which unlikely event you still need people to argue with you, to try to contradict you, and to try to prove you wrong. Why? Because if you never have to defend your points of view, there is a very good chance you don’t really understand them, and that you hold them the same way you would hold a prejudice or superstition. It’s only through arguing with contrary viewpoints that you come to understand why what you believe is true.
  • In short, I value free speech, not so much because I’m right and you need to hear from me, but rather because I’m very often wrong and need to hear from you. Free speech rests upon a foundation of human fallibility.
  • As American animosity rises, we simply cannot censor our way to social peace or unity. We can, however, violate the social compact, disrupt the founding logic of our republic, and deprive American students and American citizens of the exchange of ideas and of the liberty that has indeed caused, as Douglass prophesied, “thrones, dominions, principalities, and powers, founded in injustice and wrong” to tremble in the face of righteous challenge.
James Flanagan

Russia and America: The dread of the other | The Economist - 0 views

  • No other country looms so large in the Russian psyche. To Kremlin ideologists, the very concept of Russia’s sovereignty depends on being free of America’s influence.
  • Anti-Americanism has long been a staple of Vladimir Putin, but it has undergone an important shift. Gone are the days when the Kremlin craved recognition and lashed out at the West for not recognising Russia as one of its own
  • , it wants to exorcise all traces of American influence.
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  • The Russians have shut off all co-operation that uses American money, including on health care, civil society, fighting human trafficking and drugs, and dismantling unconventional weapons.
  • All this, according to Mr Pushkov, ends an era when Russia looked to the West as a model. Some Russian deputies have even suggested fining cinemas that show too many foreign films, or banning foreign words. A new law makes it treasonable to provide consultancy or “other assistance” to a foreign state directed against Russia’s national security. “The government’s policies are driving Russia into isolation,” says a Western diplomat.
  • For instance, the Kremlin has banned American couples from adopting Russian orphans, depriving many children with severe disabilities of the chance of a decent life.
  • . The trigger for the new anti-Americanism was the street protests against the Duma election in December 2011, which the Kremlin blamed on America. Falling popular trust in the Kremlin, worries about capital flight and the economy, and an antagonistic urban middle class have led Mr Putin to resort to nationalism, traditionalism and selective repression. Unable to stoke ethnic nationalism for fear of igniting the north Caucasus again, he has instead taken aim at the West and Western values.
  • As Mr Pushkov tweeted, “Stalingrad was not only a breaking point in the war, but also in the centuries-long battle between the West and Russia. Hitler was the last conqueror who came from the West.”
  • A few years ago, such comments came only from right-wing nationalists. Now they belong to the mainstream.
  • the Kremlin has imposed its traditionalist agenda on Russian society by prosecuting Pussy Riot, the punk singers who performed obscenely on the altar of Russia’s main cathedral, by banning the promotion of homosexuality and by blocking the American adoptions.
  • Yet it has not boosted Mr Putin’s popularity or restored trust in his presidency. Indeed, the numbers seeing America as a friend, not a foe, have risen in the past year, according to a Levada opinion poll. One explanation for this might be growing mistrust of the Kremlin. That is what made Soviet propaganda ineffective 20 years ago. Russian society also seems to have limited enthusiasm for the growing political role of the church.
  • The irony is that the Kremlin’s anti-Americanism reveals not its independence but its reliance on America as an enemy. The real casualty may be Russia itself.
Javier E

Gun Violence in America: The 13 Key Questions (With 13 Concise Answers) - Jonathan Stray - The Atlantic - 0 views

  • There were 8,583 homicides by firearms in 2011, out of 12,664 homicides total, according to the FBI. This means that more than two-thirds of homicides involve a firearm
  • Gun violence also affects more than its victims. In areas where it is prevalent, just the threat of violence makes neighborhoods poorer. It's very difficult to quantify the total harm caused by gun violence, but by asking many people how much they would pay to avoid this threat -- a technique called contingent valuation -- researchers have estimated a cost to American society of $100 billion dollars.
  • 19,392 of 38,264 suicides in 2010 involved a gun (50%), according to the CDC.
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  • There were 606 firearm-related accidents in the same year -- about 5% of the number of intentional gun deaths.
  • There are about 310 million guns in the country. About 40% of households have them, a fraction that has been slowly declining over the last few decades, down from about 50% in the 1960s.
  • current federal gun regulation (see above) contains an enormous loophole: While businesses that deal in guns are required to keep records and run background checks, guns can be transferred between private citizens without any record. This makes straw purchases easy.
  • The most comprehensive public list of U.S. mass shootings is the spreadsheet of 62 incidents from 1982-2012, compiled by Mother Jones. Their list shows:
  • Mass shootings happen all over the country. Killers used a semi-automatic handgun in 75% of incidents, which is about the same percentage as the 72% in overall gun violence. Killers used an assault weapon in 40% of incidents. This is much higher than overall assault weapon use in crimes, estimated at less than 2%. The guns were obtained legally in 79% of mass shootings. Many of the shooters showed signs of mental illness, but in only two cases was there a prior diagnosis. There were no cases where an armed civilian fired back.
  • they account for only a small fraction of gun violence in the United States.
  • It's also possible that gun ownership is a deterrent to crime, because criminals must consider the possibility that their intended victim is armed.
  • . In 2010, different researchers re-examined Lott's work, the NRC report, and additional data up through 2006, and reaffirmed that there is no evidence that right-to-carry laws reduce crime.
  • The most comprehensive estimate is that a 10% reduction in U.S. households with guns would result in a 3% reduction in homicides.
  • gun ownership has gotten much more concentrated among fewer households: if you own one gun, you probably own several
  • There's abundant evidence that under the current system, guns flow easily between legal and illegal markets.
  • guns are used to commit a crime about 10 times as often as they are used for self-defense.
  • Won't criminals kill with other weapons if they don't have guns? The crux of this question is whether most homicides are planned, or whether killers more often confront their victims with no clear intention. In the second case, adding a gun could result in a fatal shooting that would otherwise have been avoided.
  • In 1968, Franklin Zimring examined cases of knife assaults versus gun assaults in Chicago. The gun attacks were five times more deadly
  • Here are some approaches that don't seem to work, at least not by themselves, or in the ways they've been tried so far: Stiffer prison sentences for gun crimes. Gun buy-backs: In a country with one gun per person, getting a few thousand guns off the street in each city may not mean very much. Safe storage laws and public safety campaigns.
  • We don't really have good enough evidence to evaluate these strategies: Background checks, such as the Brady Act requires. Bans on specific weapons types, such as the expired 1994 assault weapons ban or the handgun bans in various cities.
  • These policies do actually seem to reduce gun violence, at least somewhat or in some cases: More intensive probation strategies: increased contact with police, probation officers and social workers. Changes in policing strategies, such increased patrols in hot spots. Programs featuring cooperation between law enforcement, community leaders, and researchers, such as Project Safe Neighborhoods.
  • Removing legal restrictions that prevent the Centers for Disease Control and other agencies from tracking and researching gun violence is also a sensible idea, and follows a long history of calls from scientists (see: what don't we know).
  • We lack some of the most basic information we need to have a sensible gun policy debate, partially because researchers have been prevented by law from collecting it. The 2004 National Research Council report discussed above identified several key types of missing data: systematic reporting of individual gun incidents and injuries, gun ownership at the local level, and detailed information on the operation of firearms markets. We don't even have reliable data on the number of homicides in each county.
  • Centers for Disease Control, the main U.S. agency that tracks and studies American injuries and death, has been effectively prevented from studying gun violence, due to a law passed by Congress in 1996.
  • anonymized hospital reporting systems are the main ways we know about many other types of injuries, but the Affordable Care Act prevents doctors from gathering information about their patients' gun use. A 2011 law restricts gun violence research at the National Institutes of Health. The legal language prevents these agencies from using any money "to advocate or promote gun control."
Javier E

Trump Could Threaten U.S. Rule of Law, Scholars Say - The New York Times - 1 views

  • “This is how authoritarianism starts, with a president who does not respect the judiciary,” Mr. Post said. “You can criticize the judicial system, you can criticize individual cases, you can criticize individual judges. But the president has to be clear that the law is the law and that he enforces the law. That is his constitutional obligation.”
  • Even as much of the Republican political establishment lines up behind its presumptive nominee, many conservative and libertarian legal scholars warn that electing Mr. Trump is a recipe for a constitutional crisis.
  • “Who knows what Donald Trump with a pen and phone would do?” asked Ilya Shapiro, a lawyer with the libertarian Cato Institute.
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  • With five months to go before Election Day, Mr. Trump has already said he would “loosen” libel laws to make it easier to sue news organizations. He has threatened to sic federal regulators on his critics. He has encouraged rough treatment of demonstrators.
  • His proposal to bar Muslims from entry into the country tests the Constitution’s guarantees of religious freedom, due process and equal protection. Advertisement Continue reading the main story
  • And, in what was a tipping point for some, he attacked Judge Gonzalo P. Curiel of the Federal District Court in San Diego, who is overseeing two class actions against Trump University.Mr. Trump accused the judge of bias, falsely said he was Mexican and seemed to issue a threat.
  • Beyond the attack on judicial independence is a broader question of Mr. Trump’s commitment to the separation of powers and to the principles of federalism enshrined in the Constitution. Randy E. Barnett, a law professor at Georgetown and an architect of the first major challenge to President Obama’s health care law, said he had grave doubts on both fronts.
  • “You would like a president with some idea about constitutional limits on presidential powers, on congressional powers, on federal powers,” Professor Barnett said, “and I doubt he has any awareness of such limits.”
  • Mr. Post said that view was too sanguine, given the executive branch’s practical primacy. “The president has all the power with respect to enforcing the law,” he said. “There’s only one of those three branches that actually has the guns in its hands, and that’s the executive.”
  • “I don’t think he cares about separation of powers at all,” said Richard Epstein, a fellow at the Hoover Institution who also teaches at New York University and the University of Chicago.
  • President George W. Bush “often went beyond what he should have done,” Professor Epstein said. “I think Obama’s been much worse on that issue pretty consistently, and his underlings have been even more so. But I think Trump doesn’t even think there’s an issue to worry about. He just simply says whatever I want to do I will do.”
  • “I can easily see a situation in which he would take the Andrew Jackson line,” Professor Epstein said, referring to a probably apocryphal comment attributed to Jackson about Chief Justice John Marshall: “John Marshall has made his decision; now let him enforce i
  • “I can easily see a situati
  • There are other precedents, said John C. Yoo, a law professor at the University of California, Berkeley, who took an expansive view of executive power as a lawyer in the Bush administration. “The only two other presidents I can think of who were so hostile to judges on an individual level and to the judiciary as a whole would be Thomas Jefferson and Franklin Roosevelt,” he said.
  • Other legal scholars said they were worried about Mr. Trump’s commitment to the First Amendment. He has taken particular aim at The Washington Post and its owner, Jeff Bezos, the founder of Amazon
  • On one hand, Mr. Trump seemed to misunderstand the scope of presidential power. Libel is a state-law tort constrained by First Amendment principles, and a president’s views do not figure in its application.
  • “There are very few serious constitutional thinkers who believe public figures should be able to use libel as indiscriminately as Trump seems to think they should,” Professor Somin said. “He poses a serious threat to the press and the First Amendment.”
  • On the other hand, said Ilya Somin, a law professor at George Mason University, Mr. Trump’s comments betrayed a troubling disregard for free expression.
  • Many of Mr. Trump’s statements about legal issues were extemporaneous and resist conventional legal analysis. Some seemed to betray ignorance of fundamental legal concepts, as when he said in a debate that Senator Ted Cruz of Texas had criticized Mr. Trump’s sister, a federal appeals court judge, “for signing a certain bill,” adding for good measure that Justice Samuel A. Alito Jr., while still an appeals court judge, had also “signed that bill.”
  • But bills are legislative rather than judicial documents. And, as it happened, Judge Alito had not joined the opinion in question.
Javier E

Facebook temporarily bans author after he calls Trump fans 'nasty fascistic lot' | Technology | The Guardian - 0 views

  • Sessums received a notification from Facebook that the post violated the company’s “community standards” and that he was barred from posting for 24 hours.
  • “What will the cyber world be like under a Trump administration?” he asked, referencing Facebook board member Peter Thiel’s support of the president-elect. “This is chilling to me.”
  • For Sessums, the temporary banning was particularly significant because he uses his Facebook page as a “personal blog”. The author has about 20,000 friends and followers, and he considers his frequent posts a “meta-memoir”
abbykleman

Unnamed White House official on implementing travel ban: 'It really is a massive success story.' - 0 views

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    Two days into President Trump's new ban on refugees, migrants and foreign nationals from seven countries, there was still mass confusion about the details. On Sunday evening, the White House organized a briefing for reporters with two senior administration officials who agreed to explain the president's executive order - but only on the condition anonymity.
Javier E

Jared Kushner's Moral Failure Indicts Orthodox Judaism - Opinion - Forward.com - 0 views

  • the challenge for Jared Kushner, and everyone in our extraordinarily privileged generation, is to remember our ancestors’ suffering and honor their memories by defending the weak, vulnerable and oppressed today.
  • Slavery, in other words, was meant to ensure that Jews would remember powerlessness once they gained power. Jared Kushner is what happens when that memory fails.
  • How could Kushner — a Modern Orthodox golden boy — fail to internalize that? How could he invite Donald Trump’s Cabinet to his house for Shabbat dinner only hours after his father-in-law’s executive order banning refugees from entering the United States? How could he pose in a tuxedo alongside his wife, Ivanka Trump, on Saturday night as that executive order wreaked havoc on innocent people’s lives simply because they hailed from the wrong countries?
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  • . How could the Modern Orthodox community, a community that prides itself on instilling in its children Jewish knowledge and ideals, have failed so profoundly?
  • not all Modern Orthodox Jews share Kushner’s moral indifference. Last November, the Orthodox social justice organization Uri L’Tzedek organized a remarkable letter condemning “Trump’s hateful rhetoric and intolerant policy proposals.” On Monday, Rabbi Kenneth Brander, a vice president of Yeshiva University, sent out a tweet congratulating the Cardozo Law students who were working to help people hurt by Trump’s ban.
  • But these are the exception, not the rule. Kushner’s moral failure challenges the Modern Orthodox community — a community for which I have enormous admiration — to ask why it is often more stringent about ritual lapses than it is about ethical ones. Why do many Modern Orthodox Jews shudder at the thought of eating nonkosher cheese, yet proudly support Trump?
davisem

Immigration ban strands children and families - 0 views

shared by davisem on 06 Feb 17 - No Cached
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    She finally got her visa last month and the two of them were waiting for the flight that would bring them from Djibouti to the United States on Saturday, when they found out about President Donald Trump's temporary ban on immigrants from seven countries.
ecfruchtman

Appeals Court Rules Against Trump Travel Ban - 0 views

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    An appeals court on Thursday ruled against President Donald Trump's executive order on immigration and refugees, saying such a travel ban should not go into effect while courts consider whether it goes too far in limiting visitors to the U.S. The ruling by the U.S.
abbykleman

Donald Trump Has 'No Doubt' His Travel Ban Will Be Upheld in Court - 0 views

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    WASHINGTON-President Donald Trump said despite a federal appeals court ruling against his executive order on immigration and refugees he believes the policy ultimately will be upheld. Mr. Trump, speaking at a news conference Friday alongside Japanese Prime Minister Shinzo Abe, said he has "no doubt" his administration will win in the fight over the travel ban he imposed on seven predominantly Muslim countries his administration deems...
abbykleman

Sources tell NBC News that the White House is rewriting Trump's controversial travel ban order - 0 views

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    Still smarting from a federal appeals court's refusal to reinstate President Trump's controversial ban of nationals from seven predominantly Muslim nations, White House lawyers are working on a rewrite of his executive order that could pass legal muster, NBC News has learned. The work began several days before the Ninth U.S.
Javier E

Cyberweapon Warning From Kaspersky, a Computer Security Expert - NYTimes.com - 0 views

  • While the United States and Israel are using the weapons to slow the nuclear bomb-making abilities of Iran, they could also be used to disrupt power grids and financial systems or even wreak havoc with military defenses.
  • The United States has long objected to the Russian crusade for an online arms control ban. “There is no broad international support for a cyberweapon ban,” says James A. Lewis, a senior fellow at the Center for Strategic and International Studies in Washington. “This is a global diplomatic ploy by the Russians to take down a perceived area of U.S. military advantage.”
  • The wide disclosure of the details of the Flame virus by Kaspersky Lab also seems intended to promote the Russian call for a ban on cyberweapons like those that blocked poison gas or expanding bullets from the armies of major nations and other entities.
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  • the company has been noticeably silent on viruses perpetrated in its own backyard, where Russian-speaking criminal syndicates controlled a third of the estimated $12 billion global cybercrime market last year, according to the Russian security firm Group-IB. Some say there is good reason. “He’s got family,” said Sean Sullivan, an adviser at F-Secure, a computer security firm in Helsinki. “I wouldn’t expect them to be the most aggressive about publicizing threats in their neighborhood for fear those neighbors would retaliate.”
Brian Zittlau

The Secret History of Guns - Adam Winkler - The Atlantic - 0 views

  • Yet we’ve also always had gun control. The Founding Fathers instituted gun laws so intrusive that, were they running for office today, the NRA would not endorse them. While they did not care to completely disarm the citizenry, the founding generation denied gun ownership to many people: not only slaves and free blacks, but law-abiding white men who refused to swear loyalty to the Revolution.
  • For those men who were allowed to own guns, the Founders had their own version of the “individual mandate” that has proved so controversial in President Obama’s health-care-reform law: they required the purchase of guns. A 1792 federal law mandated every eligible man to purchase a military-style gun and ammunition for his service in the citizen militia. Such men had to report for frequent musters—where their guns would be inspected and, yes, registered on public rolls.
  • Malcolm X and the Panthers described their right to use guns in self-defense in constitutional terms. “Article number two of the constitutional amendments,” Malcolm X argued, “provides you and me the right to own a rifle or a shotgun.” Guns became central to the Panthers’ identity, as they taught their early recruits that “the gun is the only thing that will free us—gain us our liberation.”
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  • Martin Luther King Jr. applied for a permit to carry a concealed firearm in 1956, after his house was bombed. His application was denied, but from then on, armed supporters guarded his home. One adviser, Glenn Smiley, described the King home as “an arsenal.”
  • Republicans in California eagerly supported increased gun control. Governor Reagan told reporters that afternoon that he saw “no reason why on the street today a citizen should be carrying loaded weapons.” He called guns a “ridiculous way to solve problems that have to be solved among people of good will.” In a later press conference, Reagan said he didn’t “know of any sportsman who leaves his home with a gun to go out into the field to hunt or for target shooting who carries that gun loaded.” The Mulford Act, he said, “would work no hardship on the honest citizen.”
  • the Gun Control Act of 1968 amended and enlarged it. Together, these laws greatly expanded the federal licensing system for gun dealers and clarified which people—including anyone previously convicted of a felony, the mentally ill, illegal-drug users, and minors—were not allowed to own firearms. More controversially, the laws restricted importation of “Saturday Night Specials”—the small, cheap, poor-quality handguns so named by Detroit police for their association with urban crime, which spiked on weekends. Because these inexpensive pistols were popular in minority communities, one critic said the new federal gun legislation “was passed not to control guns but to control blacks.”
  • Indisputably, for much of American history, gun-control measures, like many other laws, were used to oppress African Americans.
  • One prosecutor in the impeachment trial, Representative John Bingham of Ohio, thought that the only way to protect the freedmen’s rights was to amend the Constitution. Southern attempts to deny blacks equal rights, he said, were turning the Constitution—“a sublime and beautiful scripture—into a horrid charter of wrong.”
  • Whether or not the Founding Fathers thought the Second Amendment was primarily about state militias, the men behind the Fourteenth Amendment—America’s most sacred and significant civil-rights law—clearly believed that the right of individuals to have guns for self-defense was an essential element of citizenship.
  • As the Yale law professor Akhil Reed Amar has observed, “Between 1775 and 1866 the poster boy of arms morphed from the Concord minuteman to the Carolina freedman.”
  • The Fourteenth Amendment illustrates a common dynamic in America’s gun culture: extremism stirs a strong reaction. The aggressive Southern effort to disarm the freedmen prompted a constitutional amendment to better protect their rights. A hundred years later, the Black Panthers’ brazen insistence on the right to bear arms led whites, including conservative Republicans, to support new gun control. Then the pendulum swung back. The gun-control laws of the late 1960s, designed to restrict the use of guns by urban black leftist radicals, fueled the rise of the present-day gun-rights movement—one that, in an ironic reversal, is predominantly white, rural, and politically conservative.
  • In the 1920s and ’30s, the NRA was at the forefront of legislative efforts to enact gun control. The organization’s president at the time was Karl T. Frederick, a Princeton- and Harvard-educated lawyer known as “the best shot in America”
  • Frederick’s model law had three basic elements. The first required that no one carry a concealed handgun in public without a permit from the local police. A permit would be granted only to a “suitable” person with a “proper reason for carrying” a firearm. Second, the law required gun dealers to report to law enforcement every sale of a handgun, in essence creating a registry of small arms. Finally, the law imposed a two-day waiting period on handgun sales.
  • The NRA today condemns every one of these provisions as a burdensome and ineffective infringement on the right to bear arms. Frederick, however, said in 1934 that he did “not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses.” The NRA’s executive vice president at the time, Milton A. Reckord, told a congressional committee that his organization was “absolutely favorable to reasonable legislation.”
  • In the 1960s, the NRA once again supported the push for new federal gun laws. After the assassination of President John F. Kennedy in 1963 by Lee Harvey Oswald, who had bought his gun through a mail-order ad in the NRA’s American Rifleman magazine, Franklin Orth, then the NRA’s executive vice president, testified in favor of banning mail-order rifle sales. “We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States.”
  • In May 1977, Carter and his allies staged a coup at the annual membership meeting. Elected the new executive vice president, Carter would transform the NRA into a lobbying powerhouse committed to a more aggressive view of what the Second Amendment promises to citizens.
  • Wayne LaPierre, the current executive vice president, warned members in 1995 that anyone who wears a badge has “the government’s go-ahead to harass, intimidate, even murder law-abiding citizens.”
  • In 2008, in a landmark ruling, the U.S. Supreme Court declared that the government cannot ever completely disarm the citizenry. In District of Columbia v. Heller, the Supreme Court clearly held, for the first time, that the Second Amendment guarantees an individual’s right to possess a gun. In an opinion by Justice Antonin Scalia, the Court declared unconstitutional several provisions of the District’s unusually strict gun-control law, including its ban on handguns and its prohibition of the use of long guns for self-defense. Indeed, under D.C.’s law, you could own a shotgun, but you could not use it to defend yourself against a rapist climbing through your bedroom window.
  • True, the Founders imposed gun control, but they had no laws resembling Scalia’s list of Second Amendment exceptions. They had no laws banning guns in sensitive places, or laws prohibiting the mentally ill from possessing guns, or laws requiring commercial gun dealers to be licensed. Such restrictions are products of the 20th century. Justice Scalia, in other words, embraced a living Constitution. In this, Heller is a fine reflection of the ironies and contradictions—and the selective use of the past—that run throughout America’s long history with guns.
Hannah Caspar-Johnson

Newtown school panel to include proposed gun ban in report - Washington Times - 0 views

  • An advisory panel charged with looking at public safety in the wake of the deadly Newtown school shooting agreed Friday to include in its final report a recommendation to ban the sale and possession of any gun that can fire more than 10 rounds without reloading
  • recommendations in three categories: law enforcement and emergency response; safe school design and operation; and mental health and wellness.
  • “Whether or not this law would stand the test of constitutionality is not for this commission to decide,”
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  • there needs to be more regulation of guns that can inflict mass casualties, even if it causes some inconvenience to recreational shooters.
  • “We’re hoping that some of our recommendations will go far beyond the borders of the state of Connecticut.”
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    A school panel in Newtown puts together a list of recommendation to create safety in the school systems with gun regulation.  
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