A Foreign Policy for the World as It Is

Foreign Affairs

A Foreign Policy for the World as It Is

Biden and the Search for a New American Strategy

By Ben Rhodes – July – August, Published on June 18, 2024

Álvaro Bernis

“America is back.” In the early days of his presidency, Joe Biden repeated those words as a starting point for his foreign policy. The phrase offered a bumper-sticker slogan to pivot away from Donald Trump’s chaotic leadership. It also suggested that the United States could reclaim its self-conception as a virtuous hegemon, that it could make the rules-based international order great again. Yet even though a return to competent normalcy was in order, the Biden administration’s mindset of restoration has occasionally struggled against the currents of our disordered times. An updated conception of U.S. leadership—one tailored to a world that has moved on from American primacy and the eccentricities of American politics—is necessary to minimize enormous risks and pursue new opportunities.

To be sure, Biden’s initial pledge was a balm to many after Trump’s presidency ended in the dual catastrophes of COVID-19 and the January 6 insurrection. Yet two challenges largely beyond the Biden administration’s control shadowed the message of superpower restoration. First was the specter of Trump’s return. Allies watched nervously as the former president maintained his grip on the Republican Party and Washington remained mired in dysfunction. Autocratic adversaries, most notably Russian President Vladimir Putin, bet on Washington’s lack of staying power. New multilateral agreements akin to the Iran nuclear deal, the Paris agreement on climate change, or the Trans-Pacific Partnership were impossible, given the vertiginous swings in U.S. foreign policy.

Second, the old rules-based international order doesn’t really exist anymore. Sure, the laws, structures, and summits remain in place. But core institutions such as the UN Security Council and the World Trade Organization are tied in knots by disagreements among their members. Russia is committed to disrupting U.S.-fortified norms. China is committed to building its own alternative order. On trade and industrial policy, even Washington is moving away from core tenets of post–Cold War globalization. Regional powers such as Brazil, India, Turkey, and the Gulf states pick and choose which partner to plug into depending on the issue. Even the high-water mark for multilateral action in the Biden years—support for Ukraine in its fight against Russia—remains a largely Western initiative. As the old order unravels, these overlapping blocs are competing over what will replace it.

Biden victory in this fall’s election would offer reassurance that the particular risk of another Trump presidency has passed, but that will not vanquish the forces of disorder. To date, Washington has failed to do the necessary audit of the ways its post–Cold War foreign policy discredited U.S. leadership. The “war on terror” emboldened autocrats, misallocated resources, fueled a global migration crisis, and contributed to an arc of instability from South Asia through North Africa. The free-market prescriptions of the so-called Washington consensus ended in a financial crisis that opened the door to populists railing against out-of-touch elites. The overuse of sanctions led to increased workarounds and global fatigue with Washington’s weaponization of the dollar’s dominance. Over the last two decades, American lectures on democracy have increasingly been tuned out.

Indeed, after Hamas’s October 7 attack on Israel and the Israeli military campaign in Gaza, American rhetoric about the rules-based international order has been seen around the world on a split screen of hypocrisy, as Washington has supplied the Israeli government with weapons used to bombard Palestinian civilians with impunity. The war has created a policy challenge for an administration that criticizes Russia for the same indiscriminate tactics that Israel has used in Gaza, a political challenge for a Democratic Party with core constituencies who don’t understand why the president has supported a far-right government that ignores the United States’ advice, and a moral crisis for a country whose foreign policy purports to be driven by universal values. Put simply: Gaza should shock Washington out of the muscle memory that guides too many of its actions.

If Biden does win a second term, he should use it to build on those of his policies that have accounted for shifting global realities, while pivoting away from the political considerations, maximalism, and Western-centric view that have caused his administration to make some of the same mistakes as its predecessors. The stakes are high. Whoever is president in the coming years will have to avoid global war, respond to the escalating climate crisis, and grapple with the rise of new technologies such as artificial intelligence. Meeting the moment requires abandoning a mindset of American primacy and recognizing that the world will be a turbulent place for years to come. Above all, it requires building a bridge to the future—not the past.

THE TRUMP THREAT

One of Biden’s mantras is “Don’t compare me to the Almighty; compare me to the alternative.” As the presidential campaign heats up, it is worth heeding this advice. But to properly outline the dangers of a second Trump term, it is necessary to take Trump’s arguments seriously, despite the unserious form they often take. Much of what Trump says resonates broadly. Americans are tired of wars; indeed, his takeover of the Republican Party would have been impossible without the Iraq war, which discredited the GOP establishment. Americans also no longer trust their elites. Although Trump’s rhetoric about a “deep state” moves quickly into baseless conspiracy theory, it strikes a chord with voters who wonder why so many of the politicians who promised victories in Afghanistan and Iraq were never held to account. And although Trump’s willingness to cut off assistance to Ukraine is abhorrent to many, there is a potent populism to it. How long will the United States spend tens of billions of dollars helping a country whose stated aim—the recapture of all Ukrainian territory—seems unachievable?

Trump has also harnessed a populist backlash to globalization from both the right and the left. Particularly since the 2008 financial crisis, large swaths of the public in democracies have simmered with discontent over widening inequality, deindustrialization, and a perceived loss of control and lack of meaning. It is no wonder that the exemplars of post–Cold War globalization—free trade agreements, the U.S.-Chinese relationship, and the instruments of international economic cooperation itself—have become ripe targets for Trump. When Trump’s more punitive approaches to rivals, such as his trade war with China, didn’t precipitate all the calamities that some had predicted, his taboo-breaking approach appeared to be validated. The United States, it turned out, did have leverage.

But offering a potent critique of problems should not be confused with having the right solutions to them. To begin with, Trump’s own presidency seeded much of the chaos that Biden has faced. Time and again, Trump pursued politically motivated shortcuts that made things worse. To end the war in Afghanistan, he cut a deal with the Taliban over the heads of the Afghan people, setting a timeline for withdrawal that was shorter than the one Biden eventually adopted. Trump pulled out of the Iran nuclear deal despite Iranian compliance, unshackling the country’s nuclear program, escalating a proxy war across the Middle East, and sowing doubt across the world about whether the United States keeps its word. By moving the U.S. embassy in Israel from Tel Aviv to Jerusalem, recognizing the annexation of the Golan Heights, and pursuing the Abraham Accords, he cut the Palestinians out of Arab-Israeli normalization and emboldened Israel’s far right, lighting a fuse that detonated in the current war.

Although Trump’s tougher line with China demonstrated the United States’ leverage, it was episodic and uncoordinated with allies. As a result, Beijing was able to cast itself as a more predictable partner to much of the world, while the supply chain disruptions caused by trade disputes and decoupling created new inefficiencies—and drove up costs—in the global economy. Trump’s lurch from confronting to embracing Kim Jong Un enabled the North Korean leader to advance his nuclear and missile programs under reduced pressure. Closer to home, Trump’s recognition of an alternative Venezuelan government under the opposition leader Juan Guaidó managed to strengthen the incumbent Nicolás Maduro’s hold on power. The “maximum pressure” policy toward Venezuela and Cuba, which sought to promote regime change through crippling sanctions and diplomatic isolation, fueled humanitarian crises that have sent hundreds of thousands of people to the United States’ southern border.

Biden in Washington, D.C., May 2024Evelyn Hockstein / Reuters

A second Trump term would start amid a more volatile global environment than his first, and there would be fewer guardrails constraining a president who would be in command of his party, surrounded by loyalists, and freed from ever having to face voters again. Although there are many risks, three stand out. First, Trump’s blend of strongman nationalism and isolationism could create a permission structure for aggression. A withdrawal of U.S. support for Ukraine—and, perhaps, for NATO itself—would embolden Putin to push deeper into the country. Were Washington to abandon its European allies and promote right-wing nationalism, it could exacerbate political fissures within Europe, emboldening Russian-aligned nationalists in such places as Hungary and Serbia who have echoed Putin in seeking to reunite ethnic populations in neighboring states.

Despite U.S.-Chinese tensions, East Asia has avoided the outright conflict of Europe and the Middle East. But consider the opportunity that a Trump victory would present to North Korea. Fortified by increased Russian technological assistance, Kim could ratchet up military provocations on the Korean Peninsula, believing that he has a friend in the White House. Meanwhile, according to U.S. assessments, China’s military will be ready for an invasion of Taiwan by 2027. If Chinese leader Xi Jinping truly wishes to forcibly bring Taiwan under Beijing’s sovereignty, the twilight of a Trump presidency—by which point the United States would likely be alienated from its traditional allies—could present an opening.

Second, if given the chance, Trump has made it clear that he would almost certainly roll back American democracy, a move that would reverberate globally. If his first election represented a one-off disruption to the democratic world, his second would more definitively validate an international trend toward ethnonationalism and authoritarian populism. Momentum could swing further in the direction of far-right parties in Europe, performative populists in the Americas, and nepotistic and transactional corruption in Asia and Africa. Consider for a moment the aging roster of strongmen who will likely still be leading other powers—not just Xi and Putin but also Narendra Modi in India, Benjamin Netanyahu in Israel, Ali Khamenei in Iran, and Recep Tayyip Erdogan in Turkey. To say the least, this cast of characters is unlikely to promote respect for democratic norms within borders or conciliation beyond them.

This leads to the third danger. In the coming years, leaders will increasingly be confronted with global problems that can be managed or solved only through cooperation. As the climate crisis worsens, a Trump presidency would make a coordinated international response much harder and validate the backlash against environmental policies that has been building within advanced economies. At the same time, artificial intelligence is poised to take off, creating both valuable opportunities and enormous risks. At a moment when the United States should be turning to diplomacy to avoid wars, establish new norms, and promote greater international cooperation, the country would be led by an “America first” strongman.

A TIME TO HEAL

In any administration, national security policy is a peculiar mix of long-standing commitments, old political interests, new presidential initiatives, and improvised responses to sudden crises. Navigating the rough currents of the world, the Biden administration has often seemed to embody the contradictions of this dynamic, with one foot in the past, yearning nostalgically for American primacy, and one foot in the future, adjusting to the emerging world as it is.

Through its affirmative agenda, the administration has reacted well to changing realities. Biden linked domestic and foreign policy through his legislative agenda. The CHIPS Act made substantial investments in science and innovation, including the domestic manufacturing of semiconductors. The act worked in parallel with ramped-up export and investment controls on China’s high-tech sector, which have buttressed the United States’ lead in the development of new technologies such as AI and quantum computing. Although this story is more complicated to tell than one about a tariff-based trade war, Biden’s policy is in fact more coherent: revitalize U.S. innovation and advanced manufacturing, disentangle critical supply chains from China, and maintain a lead for U.S. companies in developing new and potentially transformative technologies.

Gaza should shock Washington out of the muscle memory that guides too many of its actions.

Biden’s most significant piece of legislation, the Inflation Reduction Act, made enormous investments in clean energy technology. These investments will allow the United States to raise its ambition in meeting climate goals by pushing domestic industry and global markets to shift away from fossil fuels faster. Although this breakthrough enhanced U.S. credibility on climate change, it also created new challenges, as even allies have complained that Washington resorted to subsidies instead of pursuing coordinated cross-border approaches to reduce emissions. In this respect, however, the Biden administration was dealing with the world as it is. Congress cannot pass complex reforms such as putting a price on carbon; what it can do is pass large spending bills that invest in the United States.

Despite tensions over U.S. industrial policy, the Biden administration has effectively reinvested in alliances that frayed under Trump. That effort has tacitly acknowledged that the world now features competing blocs, which makes it harder for the United States to pursue major initiatives by working through large international institutions or with other members of the great-power club. Instead, Washington has prioritized groupings of like-minded countries that are, to use a catch phrase, “fit for purpose.” Collaboration with the United Kingdom and Australia on nuclear submarine technology. New infrastructure and AI initiatives through the G-7. Structured efforts to create more consultation among U.S. allies in the Indo-Pacific. This approach involves a dizzying number of parts; one can lose track of the number of regional consultative groups that now exist. But in the context of an unraveled international order, it makes sense to thread together cooperation where possible, while trying to turn new habits of cooperation into enduring arrangements.

Most notably, Biden’s reinvestment in European alliances paid off when Washington was able to swiftly mobilize support for Ukraine in 2022. This task was made easier by the administration’s innovative release of intelligence on Russia’s intentions to invade, an overdue reform of the way that Washington manages information. Although the war has reached a tenuous stalemate, the effort to fortify transatlantic institutions continues to advance. NATO has grown in size, relevance, and resourcing. European Union institutions have taken a more proactive role in foreign policy, most notably in coordinating support for Ukraine and accelerating its candidacy for EU membership. For all the understandable consternation about Washington’s struggle to pass a recent aid bill for Ukraine, Europe’s focus on its own institutions and capabilities was long overdue.

SLOW TO CHANGE

Yet there are three important ways in which the Biden administration has yet to recalibrate its approach to the world of post-American primacy. The first has to do with American politics. On several issues that engender controversy in Congress, the administration has constrained or distorted its options by preemptively deferring to outdated hard-liners. Even as Trump has demonstrated how the left-right axis has been scrambled on foreign policy, Biden at times feels trapped in the national security politics of the immediate post-9/11 era. Yet what once allowed a politician to appear tough to appease hawks in Washington was rarely good policy; now, it is no longer necessarily good politics.

In Latin America, the Biden administration was slow to pivot away from Trump’s “maximum pressure” campaigns on Venezuela and Cuba. Biden maintained, for example, the avalanche of sanctions that Trump imposed on Cuba, including the cynical return of that country to the State Department’s list of state sponsors of terrorism just before leaving office, in January 2021. The result has been an acute humanitarian crisis in which U.S. sanctions exacerbated shortages of basic staples such as food and fuel, contributing to widespread suffering and migration. In the Middle East, the administration failed to move swiftly to reenter the politically contested Iran nuclear deal, opting instead to pursue what Biden called a “longer and stronger” agreement, even though Trump was the one who violated the deal’s terms. Instead, the administration embraced Trump’s Abraham Accords as central to its Middle East policy while reverting to confrontation with Iran. This effectively embraced Netanyahu’s preferred course: a shift away from pursuing a two-state solution to the Israeli-Palestinian conflict and toward an open-ended proxy war with Tehran.

Anyone who has worked at the nexus of U.S. politics and national security knows that avoiding friction with anti-Cuban and pro-Israeli hard-liners in Congress can feel like the path of least resistance. But that logic has turned into a trap. After October 7, Biden decided to pursue a strategy of fully embracing Netanyahu—insisting (for a time) that any criticism would be issued in private and that U.S. military assistance would not be conditioned on the actions of the Israeli government. This engendered immediate goodwill in Israel, but it preemptively eliminated U.S. leverage. It also overlooked the far-right nature of Netanyahu’s governing coalition, which offered warning signs about the indiscriminate way in which it planned to prosecute its military campaign, as Israeli officials cut off food and water flowing into Gaza within days of Hamas’s attack. In the months that followed, the administration has been trying to catch up to a deteriorating situation, evolving from a strategy of embracing Netanyahu, to one of issuing rhetorical demands that were largely ignored, to one of partial restrictions on offensive military assistance. Ironically, by being mindful of the political risks of breaking with Netanyahu, Biden invited greater political risks from within the Democratic coalition and around the world.

The temptation to succumb to Washington’s outdated instincts has contributed to a second liability: the pursuit of maximalist objectives. The administration has shown some prudence in this area. Even as competition ramped up with China, Biden has worked over the last year to rebuild lines of communication with Beijing and has largely avoided provocative pronouncements on Taiwan. And even as he committed the United States to helping Ukraine defend itself, Biden set the objective of avoiding a direct war between the United States and Russia (although his rhetoric did drift into endorsing regime change in Moscow). The bigger challenge has at times come from outside the administration, as some supporters of Ukraine indulged in a premature triumphalism that raised impossible expectations for last year’s Ukrainian counteroffensive. Paradoxically, this impulse ended up hurting Ukraine: when the campaign inevitably came up short, it made the broader U.S. policy toward Ukraine look like a failure. Sustaining support for Ukraine will require greater transparency about what is achievable in the near term and an openness to negotiations in the medium term.

Biden and U.S. officials meeting with a Chinese delegation in Woodside, California, November 2023 Kevin Lamarque / Reuters

Gaza also showcases the danger of maximalist aims. Israel’s stated objective of destroying Hamas has never been achievable. Since Hamas would never announce its own surrender, pursuing this goal would require a perpetual Israeli occupation of Gaza or the mass displacement of its people. That outcome may be what some Israeli officials really want, as evidenced by right-wing ministers’ own statements. It is certainly what many people around the world, horrified by the campaign in Gaza, believe the Israeli government really wants. These critics wonder why Washington would support such a campaign, even as its own rhetoric opposes it. Instead of seeking to moderate Israel’s unsustainable course, Washington needs to use its leverage to press for negotiated agreements, Palestinian state building, and a conception of Israeli security that is not beholden to expansionism or permanent occupation.

Indeed, too many prescriptions sound good in Washington but fail to account for simple realities. Even with the United States’ military advantage, China will develop advanced technologies and maintain its claim over Taiwan. Even with sustained U.S. support, Ukraine will have to live next to a large, nationalist, nuclear-armed Russia. Even with its military dominance, Israel cannot eliminate the Palestinian demand for self-determination. If Washington allows foreign policy to be driven by zero-sum maximalist demands, it risks a choice between open-ended conflict and embarrassment.

This leads to the third way in which Washington must change its approach. Too often, the United States has appeared unable or unwilling to see itself through the eyes of most of the world’s population, particularly people in the global South who feel that the international order is not designed for their benefit. The Biden administration has made laudable efforts to change this perceptionfor instance, delivering COVID-19 vaccines across the developing world, mediating conflicts from Ethiopia to Sudan, and sending food aid to places hit hard by shortages exacerbated by the war in Ukraine. Yet the overuse of sanctions, along with the prioritization of Ukraine and other U.S. geopolitical interests, misreads the room. To build better ties with developing countries, Washington needs to consistently prioritize the issues they care about: investment, technology, and clean energy.

Once again, Gaza interacts with this challenge. To be blunt: for much of the world, it appears that Washington doesn’t value the lives of Palestinian children as much as it values the lives of Israelis or Ukrainians. Unconditional military aid to Israel, questioning the Palestinian death toll, vetoing cease-fire resolutions at the UN Security Council, and criticizing investigations into alleged Israeli war crimes may all feel like autopilot in Washington—but that’s precisely the problem. Much of the world now hears U.S. rhetoric about human rights and the rule of law as cynical rather than aspirational, particularly when it fails to wrestle with double standards. Total consistency is unattainable in foreign policy. But by listening and responding to more diverse voices from around the world, Washington could begin to build a reservoir of goodwill.

A FAREWELL TO PRIMACY

In its more affirmative agenda, the Biden administration is repositioning the United States for a changing world by focusing on the resilience of its own democracy and economy while rebooting alliances in Europe and Asia. To extend that regeneration into something more global and lasting, it should abandon the pursuit of primacy while embracing an agenda that can resonate with more of the world’s governments and people.

As was the case in the Cold War, the most important foreign policy achievement will simply be avoiding World War III. Washington must recognize that all three fault lines of global conflict today—Russia-Ukraine, Iran-Israel, and China-Taiwan—run across territories just beyond the reach of U.S. treaty obligations. In other words, these are not areas where the American people have been prepared to go to war directly. With little public support and no legal obligation to do that, Washington should not count on bluffing or military buildups alone to resolve these issues; instead, it will have to focus relentlessly on diplomacy, buttressed by reassurance to frontline partners that there are alternative pathways to achieving security.

Avoiding friction with anti-Cuban and pro-Israeli hard-liners in Congress can feel like the path of least resistance.

In Ukraine, the United States and Europe should focus on protecting and investing in the territory controlled by the Ukrainian government—drawing Ukraine into European institutions, sustaining its economy, and fortifying it for lengthy negotiations with Moscow so that time works in Kyiv’s favor. In the Middle East, Washington should join with Arab and European partners to work directly with Palestinians on the development of new leadership and toward the recognition of a Palestinian state, while supporting Israel’s security. Regional de-escalation with Iran should, as it did during the Obama administration, begin with negotiated restrictions on its nuclear program. In Taiwan, the United States should try to preserve the status quo by investing in Taiwanese military capabilities while avoiding saber rattling, by structuring engagement with Beijing to avoid miscalculation, and by mobilizing international support for a negotiated, peaceful resolution to Taiwan’s status.

Hawks will inevitably attack diplomacy on each of these issues with tired charges of appeasement, but consider the alternative of seeking the total defeat of Russia, regime change in Iran, and Taiwanese independence. Can Washington, or the world, risk a drift into global conflagration? Moreover, the reality is that sanctions and military aid alone will not stop war from spreading or somehow cause the governments of Russia, Iran, and China to collapse. Better outcomes, including within those countries, will be more attainable if Washington takes a longer view. Ultimately, the health of the United States’ own political model and society is a more powerful force for change than purely punitive measures. Indeed, one lesson that is lost on today’s hawks is that the civil rights movement did far more to win the Cold War than the war in Vietnam did.

None of this will be easy, and success is not preordained, since unreliable adversaries also have agency. But given the stakes, it is worth exploring how a world of competing superpower blocs could be knitted into coexistence and negotiation on issues that cannot be dealt with in isolation. For instance, AI presents one area in which nascent dialogue between Washington and Beijing should evolve into the pursuit of shared international norms. Laudable U.S. efforts to pursue collaborative research on AI safety with like-minded countries will inevitably have to expand to further include China in higher-level and more consequential talks. These efforts should seek agreement on the mitigation of extreme harms, from the use of AI in developing nuclear and biological weapons to the arrival of artificial general intelligence, an advanced form of AI that risks surpassing human capacities and controls. At the same time, as AI moves out into the world, the United States can use its leadership to work with countries that are eager to harness the technology for positive ends, particularly in the developing world. The United States could offer incentives for countries to cooperate with Washington on both AI safety and affirmative uses of new technologies.

Biden and Saudi Crown Prince Mohammed bin Salman in Jeddah, Saudi Arabia, July 2022
Mandel Ngan / Reuters

A similar dynamic is required on clean energy. If there is a second Biden administration, most of its efforts to combat climate change will likely shift from domestic action to international cooperation, particularly if there is divided government in Washington. As the United States works to secure supply chains for critical minerals used for clean energy, it will need to avoid constantly working at cross-purposes with Beijing. At the same time, it has an opportunity—through “de-risking” supply chains, forging public-private partnerships, and starting multilateral initiatives—to invest more in parts of Africa, Latin America, and Southeast Asia that have not always been an attractive destination for American capital. In a sense, the Inflation Reduction Act has to be globalized.

Finally, the United States should focus its support for democracy on the health of existing open societies and offering lifelines to besieged civil society groups around the world. As someone who has made the case for putting support for democracy at the center of U.S. foreign policy, I must acknowledge that the calcification of the democratic recession in much of the world requires Washington to recalibrate. Instead of framing the battle between democracy and autocracy as a confrontation with a handful of geopolitical adversaries, policymakers in democracies must recognize that it is first and foremost a clash of values that must be won within their own societies. From that self-corrective vantage point, the United States should methodically invest in the building blocks of democratic ecosystems: anticorruption and accountability initiatives, independent journalism, civil society, digital literacy campaigns, and counter-disinformation efforts. The willingness to share sensitive information, on display in the run-up to war in Ukraine, should be applied to other cases where human rights can be defended through transparency. Outside government, democratic movements and political parties across the world should become more invested in one another’s success, mirroring what the far right has done over the last decade by sharing best practices, holding regular meetings, and forming transnational coalitions.

Ultimately, the most important thing that America can do in the world is detoxify its own democracy, which is the main reason a Trump victory would be so dangerous. In the United States, as elsewhere, people are craving a renewed sense of belonging, meaning, and solidarity. These are not concepts that usually find their way into foreign policy discussions, but if officials do not take that longing seriously, they risk fueling the brand of nationalism that leads to autocracy and conflict. The simple and repeated affirmation that all human life matters equally, and that people everywhere are entitled to live with dignity, should be America’s basic proposition to the world—a story it must commit to in word and deed.

  • BEN RHODES is a co-host of the podcast Pod Save the World and the author of After the Fall: Being American in the World We’ve Made. From 2009 to 2017, he served as U.S. Deputy National Security Adviser for Strategic Communications and Speechwriting in the Obama administration.

Clarence Thomas and John Roberts Are at a Fork in the Road

David French – June 23, 2024

Justice Clarence Thomas, in profile and wearing a black robe, looks into the distance.
Credit…Tasos Katopodis/Getty Images

Two years ago, when the Supreme Court decided New York State Rifle and Pistol Association Inc. v. Bruen, it created a jurisprudential mess that scrambled American gun laws. On Friday not only did the cleanup begin, but the Supreme Court also cleared the way for one of the most promising legal innovations for preventing gun violence: red flag laws.

The Bruen ruling did two things. First, it rendered a sensible and, in my view, correct decision that the “right of the people to keep and bear arms,” as articulated in the Second Amendment, includes a right to bear arms outside the home for self-defense. But the right isn’t unlimited. As Justice Brett Kavanaugh wrote in his concurrence in Bruen, the court did not “prohibit states from imposing licensing requirements for carrying a handgun for self-defense” and that “properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations.”

At the same time, the court articulated a “text, history and tradition” test for evaluating gun restrictions in future federal cases. Under this test, gun control measures were constitutional only if the government could demonstrate those restrictions were “consistent with the nation’s historical tradition of firearm regulation.” That was the most significant element of the Bruen case. Before Bruen, lower courts had struggled to establish a uniform legal test for evaluating gun restrictions, and the Supreme Court hadn’t provided any clarity.

Justice Clarence Thomas wrote the majority opinion in a 6-to-3 decision split along ideological lines. He applied the text, history and tradition test by walking through the very complex, often contradictory, history of American gun laws to determine whether New York’s restrictions had analogies with the colonial period or the periods after ratification of the Second Amendment and the Fourteenth Amendment, which applied the Second Amendment to the states. Under a fair reading of Thomas’s opinion, lower courts would be hard pressed to uphold any gun restriction unless they could point to an obvious historical match.

Not only was the history messy, but judicial reliance on founding-era legislation suffers from an additional conceptual flaw: State legislatures are hardly stuffed with constitutional scholars. Then and now, our state legislatures are prone to enact wildly unconstitutional legislation.

Our courts exist in part to check legislatures when they go astray. The courts do not rely on legislatures to establish constitutional doctrine. In our divided system of government, legislators are not tasked with interpreting constitutional law. Yes, they should take the Constitution into account when they draft laws, but the laws they draft aren’t precedent. They do not and should not bind the courts.

United States v. Rahimi, the case the Supreme Court decided on Friday, is a product of Bruen’s confusion. And the outcome is fascinating. Five of the six justices who voted in the majority in Bruen backed away from the clear implications of the decision. Thomas, by contrast, doubled down.

The case involves a man from Texas named Zackey Rahimi who was convicted of violating a federal law that prohibits individuals subject to domestic violence restraining orders from possessing firearms. He had threatened his girlfriend and another woman with a gun, and he was a suspect in a spate of additional shootings. After he threatened his girlfriend, he entered into an agreed domestic violence restraining order prohibiting him from threatening his girlfriend or from contacting her unless they were discussing their child. He promptly violated that order by approaching her home and contacting her on social media.

As Chief Justice John Roberts recounts in his majority opinion, when the police obtained a search warrant of Rahimi’s home to investigate the additional shootings, “they discovered a pistol, a rifle, ammunition — and a copy of the restraining order.”

Rahimi was indicted on one count of possessing a firearm while subject to a domestic violence restraining order. He challenged the indictment, arguing that Section 922(g)(8), the law he was charged under, violated the Second Amendment. The trial court and the court of appeals initially rejected the argument, but while the Fifth Circuit was considering his petition for a rehearing with the entire court, the Supreme Court decided Bruen.

The appeals court then took a fresh look at his case, applying the Thomas test. It searched for clear historical matches and — unable to find any — held that the government failed “to demonstrate that § 922(g)(8)’s restriction of the Second Amendment right fits within our nation’s historical tradition of firearm regulation.” If this ruling held, every person subject to a domestic violence restraining order could have immediate access to firearms, assuming no other legal restrictions applied.

Even worse, if the Fifth Circuit’s ruling had stood, lawmakers seeking to justify virtually any gun regulation would have to be prepared to find colonial or early-American analogies for their proposed restriction or watch it fail in court. This would have meant that lawmakers facing modern gun violence problems involving modern weapons would have been constrained into essentially colonial and founding-era legal solutions.

In essence, that is the exact reverse of an argument that some gun control proponents make, that the Second Amendment protects only possession of colonial-era weapons. Under the Thomas test, the Second Amendment would permit only colonial-era restrictions.

On Friday, eight justices of the Supreme Court not only ruled against Rahimi. They clarified their approach to text, history and tradition in a way that freed lower courts from the straitjacket of finding precise historical analogies. Roberts declared that “some courts have misunderstood the methodology of our recent Second Amendment cases.” The court’s precedents “were not meant to suggest a law trapped in amber.” Or, as Justice Amy Coney Barrett wrote in her concurrence, “Historical regulations reveal a principle, not a mold.”

As a practical matter, this means, as Roberts wrote, that “when a challenged regulation does not precisely match its historical precursors, ‘it still may be analogous enough to pass constitutional muster.’” Applying this more flexible framework, the court reached a holding that will echo beyond Rahimi’s case: “An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.”

That holding is relevant not just to domestic violence restraining orders; it’s also relevant to so-called red-flag laws or extreme risk protective orders. Those laws, adopted in 21 states, empower specific individuals (like law enforcement or, in some cases, family members) to petition a court to order a person to surrender his guns if he exhibits dangerous or threatening behavior.

The reason for red-flag laws is clear: Research has demonstrated that mass shooters tend to broadcast violent intentions before they act. A National Institute of Justice-funded study of more than 50 years of mass killings, for example, found that “in most cases” mass shooters “engaged in leaking their plans before opening fire.” In 2018 the Republican governor of Arizona, Doug Ducey, commissioned a “Safe Arizona Schools” report, which found that in every one of the most recent and severe school shootings, a red-flag law could have prevented tragedy.

Thomas was the lone dissenter in Rahimi. Five justices wrote their own concurrences, many of them arguing that the Fifth Circuit misunderstood and misapplied Bruen. But Thomas argued that the Fifth Circuit got the analysis right because the founding generation “addressed the same societal problem as §922(g)(8) through the ‘materially different means’ of surety laws.”

Surety laws required a person who was suspected of threatening “future misbehavior” to post a bond, a sum of money that he’d forfeit if he broke the law. If he didn’t post a bond, he’d be jailed. But such reliance on a specific, narrow past legislative approach isn’t required by originalism. It is, itself, a policy choice.

Barrett put her objections well. “Imposing a test that demands overly specific analogues has serious problems,” she wrote. “It forces 21st-century regulations to follow late-18th-century policy choices, giving us ‘a law trapped in amber.’ And it assumes that founding-era legislatures maximally exercised their power to regulate, thereby adopting a ‘use it or lose it’ view of legislative authority.”

“Such assumptions are flawed,” Barrett said, “and originalism does not require them.”

But that doesn’t mean history is useless. As Roberts wrote in the majority opinion, surety laws help confirm “what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.”

The difference between Roberts and Thomas is clear. Roberts looks to past practice to establish a principle. Thomas looks to past practice as essentially establishing precedent.

Roberts gets it right. When we consider new policies in the present, the acts of the past are instructive but not binding. Modern American lawmakers are not limited by the colonial imagination.

More on Rahimi and the Supreme Court:

Jesse Wegman: The Supreme Court Dials Down the Chaos on Guns – June 21, 2024

Linda Greenhouse: How John Roberts Lost His Court – June 16, 2024

Melissa Murray and Kate Shaw: The Conservative Supreme Court Vision That Means Inequality for Women – Nov. 12, 2023

David French is an Opinion columnist, writing about law, culture, religion and armed conflict. He is a veteran of Operation Iraqi Freedom and a former constitutional litigator. His most recent book is “Divided We Fall: America’s Secession Threat and How to Restore Our Nation.”

Workers Shouldn’t Have to Risk Their Lives in Heat Waves

By Terri Gerstein – June 21, 2024

A worker bent over a pile of dirt at a street corner holding a long-handled tool, wearing a hard hat circled by a wide yellow brim.
Credit…Cassidy Araiza for The New York Times

Ms. Gerstein is the director of the Labor Initiative at the Robert F. Wagner Graduate School of Public Service at New York University. She spent more than 17 years enforcing labor laws in New York State, working in the state attorney general’s office and as a deputy labor commissioner.

A record-breaking heat wave is cresting across the United States, with about 100 million people under extreme heat alerts. Local TV news stations, governors and health officials advise to plan accordingly, drink water, go to cooling centers if needed and above all, refrain from excess outdoor exertion.

But if you pick fruit in a field, walk door to door delivering packages, stack boxes in an oppressively hot warehouse or do any number of other jobs without air-conditioning, you don’t have much legal protection against working under sweltering conditions. In 2022 alone, 43 people died from exposure to extreme heat while working, according to the U.S. Bureau of Labor Statistics. Last year, there were others, including a postal worker who died of heat stroke in Dallas, and at least one farmworker who died after falling ill while working in extreme heat in Florida. From fields to warehouses to restaurants, laborers are in danger of illness, injuries and even death in this heat wave.

Climate scientists warn that we are reaching a tipping point where the mounting harms of global warming, including more frequent, more severe heat waves, will become irreversible. The federal government is trying to address the fact that climate change is making working conditions more dangerous each year. But its efforts aren’t likely to bear fruit quickly enough.

The key elements for protecting workers from heat above 80 degrees Fahrenheit are simple: ensure adequate rest, shade and water and allow people to adjust gradually to higher temperatures. Additional precautions are needed above 90 or 95 degrees Fahrenheit. But this is not the law in most of the country.

The Occupational Safety and Health Act has a “general duty clause” requiring employers to provide safe workplaces, but it lacks specificity on what to do in extreme heat. The Occupational Safety and Health Administration may issue a proposed rule on workplace heat relatively soon that would be likely to require, among other things, rest breaks, drinking water and cooling measures, as well as medical treatment and emergency response procedures. But once issued, there will be a comment and review period, followed by inevitable challenges from business groups arguing that the rule is too burdensome.

The Supreme Court majority’s tendency to rule against workers and overturn workplace regulation is likely to embolden these groups to appeal any decisions not in their favor, causing even more delays and perhaps thwarting the rule altogether. So it’s unlikely that any federal heat standard would take effect for the next few summers, and perhaps even longer.

There are still ways to protect workers from the heat. States could pass and enforce laws requiring employers to take simple measures to keep workers safe during deadly heat waves. Five states — Washington, Minnesota, California, Oregon and Colorado — have already passed such measures, establishing important legal and ethical norms for employers. Additional states — New York, New Jersey and Massachusetts — are considering heat protection legislation. More states should follow suit; if Minnesota thinks it’s necessary to protect its workers from heat, steamier states like Georgia and Arizona should, too.

Most states’ legislative sessions are over, limiting the possibilities for this summer, but lawmakers can prepare now and address this issue as a first order of business next year. A quicker option involves passing emergency temporary regulations through state agencies like safety and health boards. Some state and local laws may become obsolete when and if an OSHA heat rule eventually takes effect, but in the meantime they will save lives.

Cities and other local governments can act, too, passing their own workplace heat protections. Phoenix recently enacted a local heat ordinance for city contractors’ outdoor employees. Unfortunately, this option is not available in certain states, most notably Texas and Florida. After Austin, Dallas and San Antonio passed modest heat ordinances in 2023 requiring employers to give outdoor construction workers regular water breaks, Gov. Greg Abbott supported and signed a barbaric law prohibiting local action on a wide range of matters, including workplace heat. Gov. Ron DeSantis followed suit this year in Florida. (A state court ruled the Texas pre-emption law unconstitutional last year, but it’s in effect while an appeal is pending.)

Government at all levels can educate the public about these issues, and model good practices by adopting heat safety policies for their own employees. Such actions can have a big impact: Well-intentioned employers may not know what preventive steps they should take; workers may not know what to ask for; and few members of the general public know the signs of heat exhaustion or stroke. The cities of Los Angeles and Phoenix and Miami-Dade County have appointed chief heat officers who can take on some of the work of educating residents about workplace heat.

Employers, for their part, should take the initiative to learn what’s needed in their workplaces and implement those measures. And advocates, consumers and activist shareholders can also pressure corporations or industries to act.

Unions and worker advocates are now regularly pressing for heat protections as part of their focus on occupational safety and health. The Teamsters won air-conditioning in trucks as well as other heat protections in their most recent collective bargaining agreement. The National Council for Occupational Safety and Health is training workers to fight for protections. The Fair Food Program, a partnership among farmers, farmworkers and retail food companies that ensures better wages and working conditions, has among the strictest heat standards in the country for farmworkers.

In the face of the heat this week, and what’s sure to come this summer and beyond, a varied approach across different levels of government and society is the only realistic path for the immediate future. Every worker should come home safe at the end of the day, even on the hottest day of the year.

A changing climate, a changing world

Climate change around the world: In “Postcards From a World on Fire,” 193 stories from individual countries show how climate change is reshaping reality everywhere, from dying coral reefs in Fiji to disappearing oases in Morocco and far, far beyond.

The role of our leaders: Writing at the end of 2020, Al Gore, the 45th vice president of the United States, found reasons for optimism in the Biden presidency, a feeling perhaps borne out by the passing of major climate legislation. That doesn’t mean there haven’t been criticisms. For example, Charles Harvey and Kurt House argue that subsidies for climate capture technology will ultimately be a waste.

The worst climate risks, mapped: In this feature, select a country, and we’ll break down the climate hazards it faces. In the case of America, our maps, developed with experts, show where extreme heat is causing the most deaths.

What people can do: Justin Gillis and Hal Harvey describe the types of local activism that might be needed, while Saul Griffith points to how Australia shows the way on rooftop solar. Meanwhile, small changes at the office might be one good way to cut significant emissions, writes Carlos Gamarra.

More on heat waves:

Jeff Goodell: The Heat Wave Scenario That Keeps Climate Scientists Up at Night – June 3, 2024

‘New Territory’ for Americans: Deadly Heat in the Workplace – May 25, 2024

Zeke Hausfather: I Study Climate Change. The Data Is Telling Us Something New. – Oct. 13, 2023

Terri Gerstein is the director of the N.Y.U. Wagner Labor Initiative. Formerly, she was the labor bureau chief in the New York State Attorney General’s Office and a deputy commissioner in the New York State Department of Labor.

Putin Has Tainted Russian Greatness

By Serge Schemann – June 20, 2024

Crowds of people pack the Red Square in Moscow. One person waves a huge flag with Vladimir Putin’s face on it.
Credit…Maxim Shipenkov/EPA, via Shutterstock

Serge Schmemann is a member of the editorial board and the author of a book about Russia, “Echoes of a Native Land.”Want to stay updated on what’s happening in Russia? Sign up for Your Places: Global Update, and we’ll send our latest coverage to your inbox.

Many years ago, in the 1980s, I went to Brighton Beach, then in its heyday as a district of newly arrived Soviet Jews, to celebrate the first year (there would not be many more) of the lively local Russian-language weekly, The New American. It was a grand event, rich in humor and tinged with nostalgia. I asked a middle-aged partygoer for his thoughts on his lost homeland, and his reply has stayed with me: “I hate Russia, for forcing me to leave her.”

It was an apt summary of what waves of émigrés from Russia and the Soviet Union since the early 20th century have felt: a sorrowful sense of loss for a motherland — what Russians call “toska po rodine” — coupled with resentment at the autocratic powers that forced them out. My grandparents were among the “White” Russians who fled the Revolution and moved to Paris in the 1920s. A second wave of emigrants left in World War II. The third, Soviet Jews, started leaving in the 1970s. Vladimir Putin has now created another wave of people fleeing Russia, and many of them may still believe, as my forebears did, that they will one day return to the homeland.

Most probably will not.

It’s hard to say precisely where Russian exiles stand, politically or in their sense of attachment to Russia. The waves of emigrants differ widely one from another, and in the United States, they have not behaved like immigrants from Italy, China or Poland who formed hyphenated-American communities and organizations that have persisted over generations. Russian immigrants to America have, by comparison, melded quickly into the general population. Brighton Beach is one of the few places with any Russian flavor in the United States.

Still, the prevailing attitude I’ve encountered among Russian émigrés is the love-hate expressed by my interlocutor in Brighton Beach. It’s the love of an extraordinary culture, a deep attachment to the expanse of steppes and taiga, along with contempt for the chronic misrule, adventurism, imperial illusions and corruption of the leaders.

At least, that was the attitude before Feb. 24, 2022, when Mr. Putin ordered the full-scale invasion of Ukraine. Now, I more often encounter, and feel, a new attitude: shame.Sign up for the Opinion Today newsletter  Get expert analysis of the news and a guide to the big ideas shaping the world every weekday morning. Get it sent to your inbox.

The émigrés I grew up with, and those I came to know in America and as a reporter in Israel, rarely felt troubled by the sins of their motherland. Why would they? There were no politics in the usual sense in the Russia they came from, no sense among the vast majority of the population that they had any say in what their self-perpetuating leaders did for them or to them from behind the Kremlin ramparts. The Gulag was not their doing; their Russia was the culture, the scramble for scarce goods, the anecdotes told around vodka in steamy kitchens, the shashlik by a lazy river. Most Russians concentrated on protecting their lives from “them,” as people in the Soviet Union would refer to the leadership and its secret police, a finger pointed to the ceiling, and to survive. Or leave.

The Russian invasion of Ukraine — so cruel, so pointless, so devastating — has changed all this, at least for those not mesmerized by Mr. Putin’s recidivist claptrap. It’s hard not to feel shame at the evidence of Russians killing and raping people who did them no wrong, people who share so much of their history and culture.

And it has become difficult to feel pride in all the things that Russians can genuinely boast about — the great books, the Bolshoi, the hockey stars, the spirituality — when Mr. Putin is dispatching waves of boys to kill and die for his false version of Russia’s manifest destiny and his personal grievances against the West.

This is not necessarily a logical reaction. Tolstoy or Tchaikovsky are not to blame for Mariupol. And most Russians are not directly complicit in Mr. Putin’s malice. But Mr. Putin rose to power pledging to restore greatness to Russia, and the key to that is the desire among ordinary Russians to feel, again, a sense of belonging to a globally respected power. Russians may have been too caught up in Mr. Putin’s chimera to recognize that the seizure of Crimea or the incursions into Donetsk and Luhansk were a precursor of much worse.

When the Russian tanks began their grim parade toward Kyiv on Feb. 24, 2022, Russians, too, were in shock. “We, the Russians living inside and outside of the country, will have to bear the shame of this situation for years to come,” wrote Anastasia Piatakhina Giré, a psychotherapist in Paris, shortly after the invasion. She grew up in the Soviet Union, and many of her patients are displaced Russians. “We can do very little to turn down the volume of this feeling, no matter how many Ukrainian flags we display on our social media feeds or either publicly or privately in our daily lives.”

A year later, another expatriate, Anastasia Edel, the author of “Russia: Putin’s Playground: Empire, Revolution and the New Tsar,” wrote a syndicated column about trying to come to grips with the shame and confusion: “As someone who was shaped by Russian and Soviet literature, I have been made to feel like an unwilling partner to Russian crimes. That is why, since last February, I have abandoned any pretense of being a cultural envoy. I have been an envoy of nothing — just another immigrant who came to America in search of a better life.”

That is the tragic irony of Mr. Putin’s war. His attempt to “restore Russian greatness” through violence and hatred has tainted Russia’s real greatness for years to come, just as his attempt to quash Ukrainian nationhood has steeled its foundations. We know from the Germans’ postwar history that restoring a battered national identity is a project of decades, maybe more.

In the end, Tolstoy and Tchaikovsky will survive, as did Goethe and Bach, and Ukraine will be rebuilt and incorporated more closely in the West. But for Russians and those of us who identify even a little bit as Russian, something elemental has been destroyed, and a lot of painful soul-searching lies ahead.

More on Putin’s Russia:

Paula Erizanu: My Country Knows What Happens When You Do a Deal With Russia – April 23, 2024

Serge Schmemann: In Death, Navalny Is Even More Dangerous to Putin’s Lies – Feb. 17, 2024

Serge Schmemann: Things in Russia Aren’t as Bad as the Bad Old Soviet Days. ‘They’re Worse.’ – May 8, 2023

Serge Schmemann joined The Times in 1980 and worked as the bureau chief in Moscow, Bonn and Jerusalem and at the United Nations. He was editorial page editor of The International Herald Tribune in Paris from 2003 to 2013. 

Earth’s rotating inner core is starting to slow down — and it could alter the length of our days

Live Science

Earth’s rotating inner core is starting to slow down — and it could alter the length of our days

Harry Baker – June 19, 2024

 The Earth's layers arranged like a Russian nesting doll in outer space.
Credit: Shutterstock

The heart of our planet has been spinning unusually slowly for the past 14 years, new research confirms. And if this mysterious trend continues, it could potentially lengthen Earth’s days — though the effects would likely be imperceptible to us.

Earth’s inner core is a roughly moon-size chunk of solid iron and nickel that lies more than 3,000 miles (4,800 kilometers) below our feet. It is surrounded by the outer core — a superhot layer of molten metals similar to those in the inner core — which is surrounded by a more solid sea of molten rock, known as the mantle, and the crust. Although the entire planet rotates, the inner core can spin at a slightly different speed as the mantle and crust due to the viscosity of the outer core.

Since scientists started mapping Earth’s inner layers with detailed seismic activity records around 40 years ago, the inner core has rotated slightly faster than the mantle and the crust. But in a new study, published June 12 in the journal Nature, researchers found that since 2010, the inner core has been slowing down and is now rotating a bit more slowly than our planet’s outer layers.

“When I first saw the seismograms that hinted at this change, I was stumped,” John Vidale, a seismologist at the University of Southern California, Dornsife, said in a statement. “But when we found two dozen more observations signaling the same pattern, the result was inescapable.”

If the inner core’s rotation continues to decelerate, its gravitational pull could eventually cause the outer layers of our planet to spin a little more slowly, altering the length of our days the researchers wrote.

However, any potential change would be on the order of thousandths of a second, which would be “very hard to notice,” Vidale said. As a result, we would likely not have to change our clocks or calendars to adjust for this difference, especially if it were only a temporary change.

Related: ‘New hidden world’ discovered in Earth’s inner core

A diagram showing how the inner core can rotate compared to the mantle and crust
A diagram showing how the inner core can rotate compared to the mantle and crust

This is not the first time scientists have suggested that Earth’s inner core is slowing down. This phenomenon, known as “backtracking,” has been debated for around a decade but has been very hard to prove.

In the new study, researchers analyzed data from more than 100 repeating earthquakes — seismic events that occur repeatedly at the same location — along a tectonic plate boundary in the South Sandwich Islands in the South Atlantic Ocean between 1991 and 2023.

Each earthquake allowed scientists to map the core’s position relative to the mantle and by comparing these measurements, the team was able to see how the inner core’s rotation rate changed over time.

The new study is the “most convincing” evidence so far that backtracking has been happening, Vidale said.

It is currently unclear why the inner core is backtracking, but it is likely caused by either “the churning of the liquid iron outer core that surrounds it” or “gravitational tugs from the dense regions of the overlying rocky mantle,” the researchers wrote.

It is also unclear how frequent backtracking is. It is possible that the inner core’s spin is constantly accelerating and decelerating, but these changes likely happen over decades or longer. Therefore, longer data sets are needed to infer anything about long-term trends.

related stories

Mysterious new substance possibly discovered inside Earth’s core

Rare primordial gas may be leaking out of Earth’s core

Ancient ocean floor surrounds Earth’s core, seismic imaging reveals

The inner core remains one of the most mysterious of Earth’s hidden layers. But in recent years, new technologies are allowing researchers to learn more about the inner core, including that it is slightly lopsided, that it is softer than expected, that it potentially wobbles off Earth’s axis and that it has a separate innermost core.

The study authors will continue to analyze seismic data to learn more about the heart of our planet and how it changes over time.

“The dance of the inner core might be even more lively than we know,” Vidale said.

Extreme heat, wildfires and climate change are causing Canadians to feel heightened sense of eco anxiety: ‘How are we going to live?’

Yahoo! Style

Extreme heat, wildfires and climate change are causing Canadians to feel heightened sense of eco anxiety: ‘How are we going to live?’

Climate anxiety, ecological grief and solastalgia are terms used to describe the emotional distress caused by environmental changes.

Pia Araneta – June 19, 2024

This article is for informational purposes only and is not a substitute for professional medical advice, diagnosis or treatment. Contact a qualified medical professional before engaging in any physical activity, or making any changes to your diet, medication or lifestyle.

FORT NELSON, BRITISH COLUMBIA, CANADA - MAY 14: Smoke rises after fire erupts in Western Canada on May 14, 2024. Wildfires in Western Canada prompted thousands to flee their homes, while 66,000 were on standby to evacuate as a fast-moving blaze threatened another community Saturday. A growing wildfire moved relentlessly toward Fort Nelson, British Columbia (B.C.), resulting in officials ordering more than 3,000 to leave their homes in Fort Nelson and nearby Fort Nelson First Nation.Within five hours, the fire had grown to 8 square kilometers. (3 square miles) from a modest half square kilometer.Tinder dry conditions and flames fanned by powerful winds caused the wildfire to spread and prompted the evacuation order, which was issued at 7.30 p.m. (Photo by Cheyenne Berreault/Anadolu via Getty Images) climate fears
As wildfires continue to burn across the country, Canadians are sharing their climate fears. (Photo by Cheyenne Berreault/Anadolu via Getty Images)

Annie Malik, a 33-year-old living in London, Ont., often feels anxious or overwhelmed by the environmental state of the planet: Heatwaves in Pakistan — where she’s from — heat warnings and record-breaking temperatures in the summer coupled with mild winters in Canada and air pollution from wildfires that are becoming more common during the summer months.

“What is going to happen to the world? If the planet is inhabitable, how are we going to live?” said Malik.

Her family still resides in Pakistan, where air conditioning units are a luxury amid soaring temperatures and a spike in heat-related illnesses.

“There’s no way I can go back during the summers because I can’t handle the heat…People are dying every day in the summer,” said Malik, adding that she worries for her family.

Annie Malik, a 33-year-old living in London, Ont. said her biggest worry around climate change is her family in Pakistan. She can no longer visit during the hot summer months and she thinks about her family's survival. (Image provided by Annie Malik)
Annie Malik, a 33-year-old living in London, Ont. said her biggest worry around climate change is her family in Pakistan. She can no longer visit during the hot summer months and she thinks about her family’s survival. (Image provided by Annie Malik)

Malik’s sentiments are echoed by many Canadians who are feeling eco-anxious, or emotional from the effects of climate change, especially since last year’s record-breaking wildfires. According to a 2023 survey by Unite For Change, 75 per cent of Canadians are experiencing anxiety about climate change and its impacts.

If the planet is inhabitable, how are we going to live?Annie Malik

Yahoo Canada recently spoke to Canadians about their eco-anxiety, as well as a mental health expert on how to cope.


What is climate anxiety?

Climate anxietyecological grief and solastalgia are all similar terms to describe the emotional distress caused by environmental changes. The American Psychological Association defines it as “a chronic fear of environmental doom” and recognizes it as a legitimate increasing mental health concern.

Cree Lambeck, clinical director at Cherry Tree Counselling, offers eco-counselling services and said some clients can present with both physical and mental health symptoms from ecological issues. For example, someone might struggle with asthma and breathing issues from air pollution. “Other times a person can feel stress or really powerless around climate change,” said Lambeck.


What are the signs & symptoms of climate anxiety?

According to the Mental Health Commission of Canada, symptoms of eco-anxiety can include:

  • Feelings of depression, anxiety or panic
  • Grief and sadness over the loss of natural environments
  • Existential dread
  • Guilt related to your carbon footprint
  • Anger or frustration toward government officials
  • Obsessive thoughts about the climate

How to cope with climate anxiety

Heather Mak is a 42-year-old from Toronto who said she’s felt eco-anxious for well over a decade, which “can feel overwhelming.”

Mak transitioned out of a marketing career into the sustainability field, hoping she could take control of some of her anxieties. She’s currently in corporate sustainability, working with large businesses on environmental and social issues, and she runs a nonprofit called Diversity in Sustainability.

Heather Mak is a 42-year-old living in Toronto and she changed careers from marketing to sustainability. Mak said taking action in her work helps her cope with her eco-anxiety, but a side effect is that she can get burnt out from ongoing crises. (Image provided by Heather Mak)
Heather Mak is a 42-year-old living in Toronto and she changed careers from marketing to sustainability. Mak said taking action in her work helps her cope with her eco-anxiety, but a side effect is that she can get burnt out from ongoing crises. (Image provided by Heather Mak)

“How I try to deal with it is by taking action,” she said. “But then again, when you start working in this field, it’s almost like you can never sleep — because the scope of the issue just keeps getting bigger.”

How I try to deal with it is by taking action. Heather Mak

Last year, Mak heard about the Climate Psychology Alliance and started seeing a climate-aware psychologist to help her process some of her feelings from eco-anxiety, as well as burnout from her work.

As recommended by her psychologist, Mak tries to immerse herself in nature as much as possible to keep herself grounded. “There’s also groups called climate cafes,” said Mak. “I think just chatting with others who are going through the same thing really helps.”

Other times, Mak will channel her energy into writing letters to elected officials.


Set boundaries and concrete strategies: Expert

At Cherry Tree Counselling, Lambeck offers clients “walk and talk ecotherapy.” The sessions can be in-person or over the phone and both the therapist and client will chat outdoors.

Lambeck said many people access eco-counselling services, from adolescents to seniors. “People can experience [climate anxiety] throughout their lifespan and it can present in different ways — like with parenting,” said Lambeck. Some research has found that young adults are even hesitant to have kids due to climate change. “There’s a lot of existential worry associated with global crises.”

It’s important to take breaks and set those boundaries and practice self-care and find social support in those times.Cree Lambeck, clinical director at Cherry Tree Counselling

Considering environmental issues can impact many prongs in someone’s life, like family planning or lifestyle choices, Lambeck said she tries to offer clients practical tools and concrete strategies that might help tackle some of the turmoil. For instance, she might help target some ways a person can reduce their carbon footprint, identify some of their core values, or try to find opportunities or sustainable initiatives the person might be able to participate in.

“For some people, this can help provide a sense of empowerment or control if they’re feeling helpless. Engaging in meaning-focused coping and finding purpose,” Lambeck said.

Another strategy is to focus on boundary setting or limit the exposure of distressing news. “What is the balance between staying informed or excess consumption?” Lambeck said. Images of burning forests, oil spills and floods are plentiful and distressing and can exacerbate our eco-anxiety. “So it’s important to take breaks and set those boundaries and practice self-care and find social support in those times,” she adds.

How the US supreme court could be a key election issue: ‘They’ve grown too powerful’

The Guardian

How the US supreme court could be a key election issue: ‘They’ve grown too powerful’

David Smith in Washington – June 15, 2024

<span>Activists call for the passage of a binding code of ethics for Supreme Court justices in front of the supreme court in Washington DC on 30 October 2023.</span><span>Photograph: Shawn Thew/EPA-EFE</span>
Activists call for the passage of a binding code of ethics for Supreme Court justices in front of the supreme court in Washington DC on 30 October 2023.Photograph: Shawn Thew/EPA-EFE

“Look at me, look at me,” said Martha-Ann Alito. “I’m German, from Germany. My heritage is German. You come after me, I’m gonna give it back to you.”

It was a bizarre outburst from the wife of a justice on America’s highest court. Secretly recorded by a liberal activist, Martha-Ann Alito complained about a neighbour’s gay pride flag and expressed a desire to fly a Sacred Heart of Jesus flag in protest.

This, along with audio clips of Justice Samuel Alito himself and a stream of ethics violations, have deepened public concerns that the supreme court is playing by its own rules. The Democratic representative Jamie Raskin has described a “national clamour over this crisis of legitimacy” at the court.

A poll last month for the progressive advocacy organisation Stand Up America suggests that the supreme court will now play a crucial role in voters’ choices in the 2024 electionNearly three in four voters said the selection and confirmation of justices will be an important consideration for them in voting for both president and senator in November.

Reed Galen, a co-founder of the Lincoln Project, a pro-democracy group, said: “The idea that these guys act as if they are kings ruling from above, to me, should absolutely be an issue. It was always Republicans who said we hate unelected judges legislating from the bench and we hate judicial activism. That’s all this stuff is.”

Public trust in the court is at an all-time low amid concerns over bias and corruption. Alito has rejected demands that he recuse himself from a case considering presidential immunity after flags similar to those carried by 6 January 2021 rioters flew over his homes in Virginia and New Jersey. Justice Clarence Thomas has ignored calls to step aside because of the role his wife, Ginni, played in supporting efforts to overturn Donald Trump’s loss to Joe Biden in 2020.

Ethical standards have been under scrutiny following revelations that some justices failed to report luxury trips, including on private jets, and property deals. Last week Thomas, who has come under criticism for failing to disclose gifts from the businessman and Republican donor Harlan Crow, revised his 2019 form to acknowledge he accepted “food and lodging” at a Bali hotel and at a California club.

These controversies have been compounded by historic and hugely divisive decisions. The fall of Roe v Wade, ending the nationwide right to abortion after half a century, was seen by many Democrats as a gamechanger in terms of people making a connection between the court and their everyday lives.

Even though debate among members of Congress would lead you to believe that court reform is a polarising issue, it really isn’t

Maggie Jo Buchanan, managing director of Demand Justice

There are further signs of the debate moving beyond the Washington bubble. Last week, the editorial board of the Chicago Sun-Times newspaper argued that, since the court’s own ethics code proved toothless, Congress should enact legislation that holds supreme court justices to higher ethical standards. The paper called for the local senator Dick Durbin of Illinois, who is chair of the Senate judiciary committee, to hold a hearing on the issue.

Maggie Jo Buchanan, managing director of the pressure group Demand Justice, said: “It’s important to keep in mind that, even though debate among members of Congress would lead you to believe that court reform is a polarising issue, it really isn’t. For years we have seen broad bipartisan support for basic supreme court reforms such as ethics.

“A broad bipartisan consensus exists that they’ve grown too powerful, that they have too much power over laws and regulations. That’s shared among nearly three-fourths of Americans, including 80% of independents, so the demand is there and this isn’t something where it’s Democrats versus Republicans in the sense of real people. The American people want change and want to check the judiciary.”

Congressional Democrats have introduced various bills including one to create an independent ethics office and internal investigations counsel within the supreme court. Broader progressive ideas include expanding the number of seats on the court or limiting the justices to 18-year terms rather than lifetime appointments.

But such efforts have been repeatedly thwarted by Republicans, who over decades impressed on their base the importance of the court, ultimately leading to a 6-3 conservative majority including three Trump appointees.

This week Senate Republicans blocked the ​​Supreme Court Ethics, Recusal, and Transparency Act, legislation that would require the court to adopt a binding code of conduct for all justices, establish procedures to investigate complaints of judicial misconduct and adopt rules to disclose gifts, travel and income received by them that are at least as rigorous as congressional disclosure rules.

In response, Christina Harvey, executive director of Stand Up America, said its “nearly 2 million members are fired up and ready to continue advocating for supreme court reform – in Congress and at the ballot box”.

But Galen of the Lincoln Project worries that Democrats lack the necessary aggression to capitalise on the issue. “[Senate majority leader Chuck] Schumer and Durbin are not change agents. They consider themselves institutionalists and they continue to call themselves thatThey’re in a place where they can’t possibly conceive of something like that. Democrats are just afraid of their own shadow.”

That principle might apply to the US president himself. The 81-year-old, who served in the Senate for 36 years, is reluctant to call out justices by name or call for sweeping reforms of the court, although he is making its decision to end the constitutional right to abortion a centrepiece of his campaign.

Ed Fallone, an associate law professor at Marquette University Law School said: “I don’t know that Joe Biden is the politician to try and benefit from this issue. Biden has always presented himself as an institutionalist and more of a centrist than many segments of the Democratic party.

“There’s a real risk here for Biden because, if he does try to get political advantage from the public’s growing concern about the supreme court, it seems to conflict with his message that we should all respect the court system and the judicial system and the Trump prosecutions and the various legal problems of former Trump advisers. It seems difficult to reconcile telling the public to respect the judicial system with also embracing the idea that the very top of the system is flawed and needs reform.”

Fallone added: “You will see other Democrats seize on this issue and start to push it, in particular those who are are going to try to energise the left side of the base, maybe not necessarily for this election, but maybe anticipating Biden might lose and starting already to look ahead to the following election.”

Other argue that, competing for voter attention with the cost of living, immigration and other issues, the supreme court will ultimately fade into background noise.

Henry Olsen, a senior fellow at the Ethics and Public Policy Center think-tank in Washington DC, said: “The middle of the country, the independents and the swing voters do not care about the supreme court, and I don’t think any effort by Democrats or the media bringing up these things about Alito or Thomas is going to register or motivate those people. It motivates partisans. It doesn’t motivate swing voters on either side.”

SOTUS takes another swipe at our Democratic Administrative State, while handing the NRA another weapon of mass destruction: Supreme Court strikes down Trump-era ban on bump stocks, gun accessories used in 2017 Vegas massacre

Associated Press

Supreme Court strikes down Trump-era ban on bump stocks, gun accessories used in 2017 Vegas massacre

Lindsay Whitehurst – June 14, 2024

FILE – A bump stock is displayed in Harrisonburg, Va., on March 15, 2019. The Supreme Court has struck down a Trump-era ban on bump stocks, a gun accessory that allows semi-automatic weapons to fire rapidly like machine guns. (AP Photo/Steve Helber, File)
The Supreme Court building is seen on Thursday, June 13, 2024, in Washington. (AP Photo/Mark Schiefelbein)

WASHINGTON (AP) — The Supreme Court on Friday struck down a Trump-era ban on bump stocks, a gun accessory that allows semiautomatic weapons to fire rapidly like machine guns and was used in the deadliest mass shooting in modern U.S. history.

The high court’s conservative majority found that the Trump administration did not follow federal law when it reversed course and banned bump stocks after a gunman in Las Vegas attacked a country music festival with assault rifles in 2017. The gunman fired more than 1,000 rounds in the crowd in 11 minutes, leaving 60 people dead and injuring hundreds more.

The 6-3 majority opinion written by Justice Clarence Thomas said a semiautomatic rifle with a bump stock is not an illegal machine gun because it doesn’t make the weapon fire more than one shot with a single pull of the trigger.

“A bump stock merely reduces the amount of time that elapses between separate functions of the trigger,” Thomas wrote in an opinion that contained multiple drawings of guns’ firing mechanisms.

He was joined by fellow conservatives John Roberts, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Alito wrote a short separate opinion to stress that Congress can change the law to equate bump stocks with machine guns.

In a dissent, Justice Sonia Sotomayor pointed to the Las Vegas gunman. “In murdering so many people so quickly, he did not rely on a quick trigger finger. Instead, he relied on bump stocks,” she said, reading a summary of her dissent aloud in the courtroom.

Sotomayor said that it’s “deeply regrettable” Congress has to act but that she hopes it does.

The ruling came after a Texas gun shop owner challenged the ban, arguing the Justice Department wrongly classified the accessories as illegal machine guns.

The Biden administration said that the Bureau of Alcohol, Tobacco, Firearms and Explosives made the right choice for the gun accessories, which can allow weapons to fire at a rate of hundreds of rounds a minute.

It marked the latest gun case to come before the high court. A conservative supermajority handed down a landmark decision expanding gun rights in 2022 and is weighing another gun case challenging a federal law intended to keep guns away from people under domestic violence restraining orders.

The arguments in the bump stock case, though, were more about whether the ATF had overstepped its authority than the Second Amendment.

Justices from the court’s liberal wing suggested it was “common sense” that anything capable of unleashing a “torrent of bullets” was a machine gun under federal law. Conservative justices, though, raised questions about why Congress had not acted to ban bump stocks, as well as the effects of the ATF changing its mind a decade after declaring the accessories legal.

The high court took up the case after a split among lower courts over bump stocks, which were invented in the early 2000s. Under Republican President George W. Bush and Democrat Barack Obama, the ATF decided that bump stocks didn’t transform semiautomatic weapons into machine guns. The agency reversed those decisions at Trump’s urging after the shooting in Las Vegas and another mass shooting at a Parkland, Florida, high school that left 17 dead.

Bump stocks are accessories that replace a rifle’s stock, the part that rests against the shoulder. They harness the gun’s recoil energy so that the trigger bumps against the shooter’s stationary finger, allowing the gun to fire at a rate comparable to a traditional machine gun. Fifteen states and the District of Columbia have their own bans on bump stocks.

The plaintiff, Texas gun shop owner and military veteran Michael Cargill, was represented by the New Civil Liberties Alliance, a group funded by conservative donors like the Koch network. His attorneys acknowledged that bump stocks allow for rapid fire but argued that they are different because the shooter has to put in more effort to keep the gun firing.

Government lawyers countered the effort required from the shooter is small and doesn’t make a legal difference. The Justice Department said the ATF changed its mind on bump stocks after doing a more in-depth examination spurred by the Las Vegas shooting and came to the right conclusion.

There were about 520,000 bump stocks in circulation when the ban went into effect in 2019, requiring people to either surrender or destroy them, at a combined estimated loss of $100 million, the plaintiffs said in court documents.

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Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

Trump trademark case highlights the muddle the Supreme Court made of gun laws

MSNBC

Trump trademark case highlights the muddle the Supreme Court made of gun laws

Jordan Rubin – June 13, 2024

Among the three opinions issued Thursday by the Supreme Court was one that shut down an attempt to trademark the double entendre “Trump too small.” The high court was unanimous on the bottom line that the rejection didn’t violate the First Amendment.

But the justices fractured on the reasoning in a way that calls into question how the Republican-led court goes about deciding cases generally — including gun cases.

To get a sense of the underlying split in the trademark case, Vidal v. Elster, look at the breakdown here, which may help to explain why it took this long to decide the appeal argued back in November:

“On the bottom line, there is no dispute,” wrote Justice Clarence Thomas, who authored the opinion joined at various points by different justices, as shown above.

But beyond the bottom line, the justices were more divided.

In her concurrence, Justice Sonia Sotomayor wrote that “perhaps the biggest surprise (and disappointment) of today’s five-Justice majority opinion is its reliance on history and tradition as a dispositive test to resolve this case.” Joined by fellow Democratic appointees Elena Kagan and Ketanji Brown Jackson, she called out Thomas’ citation of the 2022 ruling in Bruen (also authored by Thomas) that further expanded gun rights under a supposedly historical approach.

“The majority attempts to reassure litigants and the lower courts that a ‘history-focused approac[h]’ here is sensible and workable” by citing Bruen, Sotomayor wrote. “To say that such reassurance is not comforting would be an understatement,” she went on, lamenting that “one need only read a handful of lower court decisions applying Bruen to appreciate the confusion this Court has caused.”

She cited an amicus brief that makes that point in the pending gun case of United States v. Rahimi, on the constitutionality of a law that bars gun possession for people subject to domestic violence restraining orders. The 5th U.S. Circuit Court of Appeals struck down the law under Bruen, prompting the government to appeal to the justices.

We could learn as soon as Friday morning how the court attempts to settle that Second Amendment confusion in Rahimi, which forces the majority to confront the mess that it made in Bruen.

Trump Rants About Sharks, and Everyone Just Pretends It’s Normal

The Atlantic

Trump Rants About Sharks, and Everyone Just Pretends It’s Normal

Par for the course. Trump is Trump. But imagine the response if Joe Biden had said it.

By Brian Klaas – June 12, 2024

A close-up of teeth
Illustration by The Atlantic. Source: Justin Sullivan / Getty.

Hours before meeting with his probation officer about his recent felony convictions, a leading candidate for U.S. president went on a bizarre rant about sharks.

Sharks, Donald Trump claimed, were attacking more frequently than usual (not true) and posed a newfound risk because boats were being required to use batteries (not true), which would cause them to sink because they were too heavy (really, really not true—the world’s heaviest cruise ship, the Icon of the Seas, managed to stay afloat because of the laws of physics despite weighing more than 550 million pounds).

Trump, undeterred by truth or science, invoked his intellectual credentials by mentioning his “relationship to MIT.” (Trump’s uncle was a professor at the university, pioneering rotational radiation therapy, which seems a somewhat tenuous connection for conferring shark- or battery-related expertise to his nephew.) If Trump had been able to ask his uncle about the risks of being electrocuted by a boat battery because, as Trump put it, “there’s a lot of electric current coming through that water,” perhaps the professor would have informed him that high-capacity batteries would rapidly discharge in seawater and pose minuscule risk to humans because the water conducts electricity far better than human bodies do.

Sharks appear to have troubled Trump’s mind for years. On July 4, 2013, Trump twice tweeted about them, saying, “Sorry folks, I’m just not a fan of sharks—and don’t worry, they will be around long after we are gone.” Two minutes later, he followed that nugget of wisdom with: “Sharks are last on my list—other than perhaps the losers and haters of the World!”

These deranged rants are tempting to laugh off. They’re par for the course. Trump is Trump. But Trump may also soon be the president of the United States. Imagine the response if Joe Biden had made the same rambling remarks, word for word. Consider this excerpt:

“I say, ‘What would happen if the boat sank from its weight and you’re in the boat and you have this tremendously powerful battery and the battery’s underwater, and there’s a shark that’s approximately 10 yards over there?’ By the way, a lot of shark attacks lately. Do you notice that? A lot of shark … I watched some guys justifying it today: ‘Well, they weren’t really that angry. They bit off the young lady’s leg because of the fact that they were not hungry, but they misunderstood who she was.’ These people are crazy.”

Coming from Biden, that exact statement might have prompted calls from across the political spectrum for him to drop out of the race. From Trump, it was a blip that barely registered. I’ve previously called this dynamic “the banality of crazy”: Trump’s ludicrous statements are ignored precisely because they’re so routine—and routine occurrences don’t drive the news. They are the proverbial “dog bites man” stories that get ignored by the press. Except that even this truism breaks down when it comes to the asymmetry between coverage of Trump and Biden: Based on Google News tallies, the news story about Biden’s dog biting a Secret Service agent spurred far more press coverage than Trump saying that he would order shoplifters to be shot without a trial if he became president.

Still, Trump appears to be benefiting from the sheer superfluity of crazy. At rallies, the former president makes stream-of-consciousness statements that would raise questions about the mental acuity of anyone who said them at, say, the tail end of a night at a neighborhood bar, but that somehow don’t generate the same level of concern within the press or the Republican Party when Trump says them in front of a cheering crowd. By contrast, when Biden makes a gaffe—mixing up a name or a date rather than, for example, suggesting that boats sink because they’re heavy—questions arise about his mental fitness to be president. A president who occasionally misspeaks is far less worrying than one who purveys delusional fantasies and conspiracy theories. Biden may gaffe, but he lives in reality; Trump often doesn’t.

Today, a prominent New York Times columnist called on one of the two candidates to drop out. Astonishingly, it wasn’t the authoritarian felon who inspired a violent mob to attack the Capitol, tried to overturn a democratic election, has been banned from doing business in New York due to fraud—and yet again showcased his loose grip on reality by ranting about sharks.

Brian Klaas is a contributing writer at The Atlantic and an associate professor of global politics at University College London.