What Impact Will Climate Change Have On The Housing Market?
Phil Hall September 23, 2021
The physical destruction created by climate change will create significant and potentially severe changes in the actions of lenders, mortgage investors, federal programs and policies, appraisers, insurance companies, builders and homebuyers, according to the new report “The Impact of Climate Change on Housing and Housing Finance” published by the Mortgage Bankers Association’s Research Institute for Housing America.
Identifying The Risks: The report follows the recommendations of the Financial Stability Board’s Task Force on Climate-Related Financial Disclosures in dividing climate-related risks into physical risks (adverse weather events and natural disasters) and transition risks (policy and legal, technology, market and reputation risks). The report stressed that forecasting the severity of the risks is difficult because there is no course of action for addressing the problem.
“Projecting future climate change and its impacts remains challenging primarily because the outcome depends crucially on the actions chosen by governments, industries, and households,” said Sean Becketti, the report’s author and former chief economist at Freddie Mac (OTC: FMCC). “Given the uncertainty over those actions, the future path of climate change could continue to get much worse.”
One of the most significant challenges posed by climate change, the report warned, was to the already-beleaguered National Flood Insurance Program (NFIP).
“Increases this century in insurance claims generated by climate change are likely to stretch the NFIP to the breaking point, facing homebuyers, lenders, GSEs [government-sponsored enterprises] and governments with a host of difficult questions,” the report observed. “In addition, independent estimates of flood risk suggest that the NFIP currently excludes 2/3 of the at-risk properties, suggesting that the current government approach to disaster recovery may become too expensive to sustain in future.”
Furthermore, no housing market will be spared from climate change’s wrath, the report noted, predicting that urban areas will face increased risks from extreme weather, flooding, air pollution, water scarcity, rising sea levels and storm surges while rural areas face the threat of dramatic changes in water availability, food security and agricultural incomes.
For mortgage lenders, servicers and investors, the report continued, climate change “may increase mortgage default and prepayment risks, trigger adverse selection in the types of loans that are sold to the GSEs, increase the volatility of house prices, and even produce significant climate migration.”
Identifying The Response: In order to mitigate the challenges that climate change will bring, the report offered strategies to review including “incorporating building modifications into new construction (easier) and existing buildings (more difficult and more expensive) and increasing the resiliency of communities through infrastructure improvements and standards.”
The report acknowledged that such strategies “are costly and require a high degree of adoption and cooperation that does not currently exist,” but it predicted that federal regulators and investors will apply pressure to ensure this is not shrugged off.
“In considering the example of estimating the impact of increased flooding on mortgage default risk, it is apparent that better and more standardized predictors of environmental risks will be needed,” the report concluded.
Moderna vs. Pfizer: Both Knockouts, but One Seems to Have the Edge
Apoorva Mandavilli
Pfizer-BioNTech, left, and Moderna COVID-19 doses ready for patients at Cornerstone Pharmacy in Little Rock, Ark., on March 8, 2021. (Rory Doyle/The New York Times)
It was a constant refrain from federal health officials after the coronavirus vaccines were authorized: These shots are all equally effective.
That has turned out not to be true.
Roughly 221 million doses of the Pfizer-BioNTech vaccine have been dispensed thus far in the United States, compared with about 150 million doses of Moderna’s vaccine. In a half-dozen studies published over the past few weeks, Moderna’s vaccine appeared to be more protective than the Pfizer-BioNTech vaccine in the months after immunization.
Research published on Friday by the Centers for Disease Control and Prevention found that the efficacy of the Pfizer-BioNTech vaccine against hospitalization fell from 91% to 77% after a four-month period following the second shot. The Moderna vaccine showed no decline over the same period.
If the efficacy gap continues to widen, it may have implications for the debate on booster shots. Federal agencies this week are evaluating the need for a third shot of the Pfizer-BioNTech vaccine for some high-risk groups, including older adults.
Scientists who were initially skeptical of the reported differences between the Moderna and Pfizer-BioNTech vaccines have slowly become convinced that the disparity is small but real.
“Our baseline assumption is that the mRNA vaccines are functioning similarly, but then you start to see a separation,” said Natalie Dean, a biostatistician at Emory University in Atlanta. “It’s not a huge difference, but at least it’s consistent.”
But the discrepancy is small and the real-world consequences uncertain, because both vaccines are still highly effective at preventing severe illness and hospitalization, she and others cautioned.
“Yes, likely a real difference, probably reflecting what’s in the two vials,” said John Moore, a virus expert at Weill Cornell Medicine in New York. “But truly, how much does this difference matter in the real world?”
“It’s not appropriate for people who took Pfizer to be freaking out that they got an inferior vaccine.”
Even in the original clinical trials of the three vaccines eventually authorized in the United States — made by Pfizer-BioNTech, Moderna and Johnson & Johnson — it was clear that the J&J vaccine had a lower efficacy than the other two. Research since then has borne out that trend, although J&J announced this week that a second dose of its vaccine boosts its efficacy to levels comparable to the others.
The Pfizer-BioNTech and Moderna vaccines rely on the same mRNA platform, and in the initial clinical trials, they had remarkably similar efficacy against symptomatic infection: 95% for Pfizer-BioNTech and 94% for Moderna. This was in part why they were described as more or less equivalent.
The subtleties emerged over time. The vaccines have never been directly compared in a carefully designed study, so the data indicating that effects vary are based mostly on observations.
Results from those studies can be skewed by any number of factors, including the location, the age of the population vaccinated, when they were immunized and the timing between the doses, Dean said.
For example, the Pfizer-BioNTech vaccine was rolled out weeks before Moderna’s to priority groups — older adults and health care workers. Immunity wanes more quickly in older adults, so a decline observed in a group consisting mostly of older adults may give the false impression that the protection from the Pfizer-BioNTech vaccine falls off quickly.
Given those caveats, “I’m not convinced that there truly is a difference,” said Dr. Bill Gruber, a senior vice president at Pfizer. “I don’t think there’s sufficient data out there to make that claim.”
But by now, the observational studies have delivered results from a number of locations — Qatar, the Mayo Clinic in Minnesota, several other states in the United States — and in health care workers, hospitalized veterans or the general population.
Moderna’s efficacy against severe illness in those studies ranged from 92% to 100%. Pfizer-BioNTech’s numbers trailed by 10 to 15 percentage points.
The two vaccines have diverged more sharply in their efficacy against infection. Protection from both waned over time, particularly after the arrival of the delta variant, but the Pfizer-BioNTech vaccine’s values fell lower. In two of the recent studies, the Moderna vaccine did better at preventing illness by more than 30 percentage points.
A few studies found that the levels of antibodies produced by the Pfizer-BioNTech vaccine were one-third to one-half those produced by the Moderna vaccine. Yet that decrease is trivial, Moore said: For comparison, there is a more than 100-fold difference in the antibody levels among healthy individuals.
Still, other experts said that the corpus of evidence pointed to a disparity that would be worth exploring, at least in people who respond weakly to vaccines, including older adults and immuno-compromised people.
“At the end of the day, I do think there are subtle but real differences between Moderna and Pfizer,” Dr. Jeffrey Wilson, an immunologist and physician at the University of Virginia in Charlottesville who was a co-author of one such study, published in JAMA Network Open this month. “In high-risk populations, it might be relevant. It’d be good if people took a close look.”
“Pfizer is a big hammer,” Wilson added, but “Moderna is a sledgehammer.”
Several factors might underlie the divergence. The vaccines differ in their dosing and in the time between the first and second doses.
Vaccine manufacturers would typically have enough time to test a range of doses before choosing one — and they have done such testing for their trials of the coronavirus vaccine in children.
But in the midst of a pandemic last year, the companies had to guess at the optimal dose. Pfizer went with 30 micrograms, Moderna with 100.
Moderna’s vaccine relies on a lipid nanoparticle, which can deliver the larger dose. And the first and second shots of that vaccine are staggered by four weeks, compared with three for the Pfizer-BioNTech vaccine.
The extra week may give immune cells more time to proliferate before the second dose, said Dr. Paul Burton, Moderna’s chief medical officer. “We need to keep studying this and to do more research, but I think it’s plausible.”
Moderna’s team recently showed that a half dose of the vaccine still sent antibody levels soaring. Based on those data, the company asked the FDA this month to authorize 50 micrograms, the half dose, as a booster shot.
There is limited evidence showing the effect of that dose, and none on how long the higher antibody levels might last. Federal regulators are reviewing Moderna’s data to determine whether the available data are sufficient to authorize a booster shot of the half dose.
Ultimately, both vaccines are still holding steady against severe illness and hospitalization, especially in people younger than 65, Moore said.
Scientists had initially hoped that the vaccines would have an efficacy of 50% or 60%. “We would have all seen that as great result and been happy with it,” he said. “Fast forward to now, and we’re debating whether 96.3% vaccine efficacy for Moderna versus 88.8% for Pfizer is a big deal.”
‘We were them:’ Vietnamese Americans help Afghan refugees
Abdul, right, who worked as a mechanic before he left Kabul, Afghanistan with his family about a month ago, shows his family a donated tea kettle as they stand in the kitchen of a rental house, Thursday, Sept. 16, 2021, that has been provided as a place for them to stay in Seattle. The home is owned by Thuy Do, who was nine years old when her family arrived in the United States from Vietnam in the 1980s. Now Do and her husband have offered their vacant rental home to refugee resettlement groups to house newly arriving Afghans in need of a place to stay. (AP Photo/Ted S. Warren)
WESTMINSTER, Calif. (AP) — In the faces of Afghans desperate to leave their country after U.S. forces withdrew, Thuy Do sees her own family, decades earlier and thousands of miles away.
A 39-year-old doctor in Seattle, Washington, Do remembers hearing how her parents sought to leave Saigon after Vietnam fell to communist rule in 1975 and the American military airlifted out allies in the final hours. It took years for her family to finally get out of the country, after several failed attempts, and make their way to the United States, carrying two sets of clothes a piece and a combined $300. When they finally arrived, she was 9 years old.
These stories and early memories drove Do and her husband Jesse Robbins to reach out to assist Afghans fleeing their country now. The couple has a vacant rental home and decided to offer it up to refugee resettlement groups, which furnished it for newly arriving Afghans in need of a place to stay.
“We were them 40 years ago,” Do said. “With the fall of Saigon in 1975, this was us.”
Television images of Afghans vying for spots on U.S. military flights out of Kabul evoked memories for many Vietnamese Americans of their own attempts to escape a falling Saigon more than four decades ago. The crisis in Afghanistan has reopened painful wounds for many of the country’s 2 million Vietnamese Americans and driven some elders to open up about their harrowing departures to younger generations for the first time.
It has also spurred many Vietnamese Americans to donate money to refugee resettlement groups and raise their hands to help by providing housing, furniture and legal assistance to newly arriving Afghans. Less tangible but still essential, some also said they want to offer critical guidance they know refugees and new immigrants need: how to shop at a supermarket, enroll kids in school and drive a car in the United States.
Since the Vietnam War, hundreds of thousands of Vietnamese have come to the United States, settling in communities from California to Virginia. Today, Vietnamese Americans are the sixth-largest immigrant group in the United States. Many settled in California’s Orange County after arriving initially at the nearby Camp Pendleton military base and today have a strong voice in local politics.
“We lived through this and we can’t help but feel that we are brethren in our common experience,” Andrew Do, who fled Saigon with his family a day before it fell to communism and today chairs the county’s board of supervisors, said during a recent press conference in the area known as “Little Saigon.”
The U.S. had long announced plans to withdraw from Afghanistan after a 20-year war. But the final exit was much more frantic, with more than 180 Afghans and 13 U.S. service members killed in an attack on the Kabul airport.
In the last two weeks of August, the U.S. evacuated 31,000 people from Afghanistan, three-quarters of them Afghans who supported American military efforts during the extensive operations. But many Afghan allies were left behind with no clear way out of the landlocked nation under strict Taliban control.
Similarly, many Vietnamese Americans recall how they couldn’t get out before the impending fall of Saigon to communism. They stayed behind and faced long spells in reeducation camps in retaliation for their allegiance to the Americans who had fought in their country. Once they were allowed to return to their families, many Vietnamese left and took small boats onto the seas, hoping to escape and survive.
For some families, the journey took years and many failed attempts, which is why many Vietnamese Americans view the departure of the U.S. military from Afghanistan not as the end of the crisis, but the beginning.
“We have to remember now is the time to lay a foundation for a humanitarian crisis that may last long past the moment the last U.S. help leaves the Afghan space,” said Thanh Tan, a Seattle filmmaker who started a group for Vietnamese Americans seeking to assist Afghans called Viets4Afghans. Her own family, she said, made the trip four years after the U.S. left Vietnam. “We have to be prepared because people will do whatever it takes to survive.”
Afghans arriving in the United States may have a special status for those who supported U.S. military operations, or may have been sponsored to come by relatives already here. Others are expected to arrive as refuges or seek permission to travel to the United States under a process known as humanitarian parole and apply for asylum or other legal protection once they are here.
For parole, Afghans need the support of a U.S. citizen or legal resident, and some Vietnamese Americans have signed up to sponsor people they have never met, said Tuấn ĐinhJanelle, director of field at the Southeast Asia Resource Action Center. He said a coalition of legal and community groups has secured sponsors for 2,000 Afghans seeking parole. His sister, Vy Dinh, said she’s sponsoring a family of 10 including women in danger for working in medicine and teaching. “As soon as he called, I said, ‘Yes, I am in,’” she said.
Other efforts have focused on fundraising for refugee resettlement groups. Vietnamese and Afghan American artists held a benefit concert this month in Southern California to raise money to assist Afghan refugees. The event titled “United for Love” was broadcast on Vietnamese language television and raised more than $160,000, according to Saigon Broadcasting Television Network.
It also aired on Afghan American satellite television, said Bilal Askaryar, an Afghan American advocate and spokesperson for the #WelcomeWithDignity campaign aimed at supporting asylum seekers. “They saw the need. They saw the parallels,” Askaryar said. “It’s really powerful to see that they saw that link of common humanity between the Afghan community and the Vietnamese community. We’ve been really touched and inspired.”
Thi Do, an immigration attorney in Sacramento, California, said he is also doing what he can to help. He was a boy when Saigon fell and his father, who served in the South Vietnamese army, was sent to a reeducation camp. When he returned, the family set out by boat into the ocean, hoping to reach a country that would take them.
Do remembers how the boat bumped up against dead bodies floating on the water and how his father apologized for putting him and his siblings in danger before throwing overboard his ID and keys from Vietnam. “’He said, ‘I would rather die here than go back there,’” Do said. They eventually reached Thailand and Malaysia, both countries that forced them back out to sea until they got to Indonesia and were processed at a refugee camp.
Decades later, Do said he has helped people fleeing persecution in his work as a lawyer, but until now nothing that has reminded him so much of Vietnam. He’s working with Afghan families who are filing petitions to bring their relatives here, but what happens next is complicated with no U.S. embassy in Kabul to process the papers and no guarantee the relatives will make it to a third country to get them.
“I see a lot of myself in those children who were running on the tarmac at the airport,” he said.
Biden Puts Another Former Public Defender Onto A U.S. Appeals Court
Jennifer Bendery
Veronica Rossman, a former public defender, now holds a lifetime seat on the U.S. Court of Appeals for the 10th Circuit. (Photo: Handout . via Reuters)
The Senate voted Monday night to confirm Veronica Rossman to a lifetime seat on the U.S. Court of Appeals for the 10th Circuit ― making her the only former public defender on that court and one of just a handful within the entire U.S. appeals court system.
Rossman, who is currently senior counsel at the Office of the Federal Public Defender for the Districts of Colorado and Wyoming, was confirmed 50-42. Every Democrat present voted for her, along with two Republicans, Sens. Lisa Murkowski (Alaska) and Susan Collins (Maine). See the full tally here.
Rossman’s confirmation is a win for President Joe Biden on two fronts. She adds to his current record of confirming more judges than any president in the last 50 years by this point in their terms. And she is the latest example of Biden following through on a promise to bring badly needed diversity to the nation’s courts ― both in terms of demographics like race and gender but also in terms of professional backgrounds.
Rossman, 49, has spent most of her career as a public defender, representing people in court who could not afford an attorney. Public defenders are hugely underrepresented on the nation’s courts; the vast majority of federal judges are former prosecutors and corporate attorneys. Rossman brings a much different perspective to the bench, having defended more than 250 indigent clients in her more than 10 years at the Office of the Federal Public Defender for the Districts of Colorado and Wyoming.
“Her work on behalf of the indigent, defending the Constitution and the rights of those accused of crimes will bring much needed balance to a bench overwhelmed with former prosecutors and corporate lawyers,” said Chris Kang of Demand Justice, a progressive judicial advocacy group.
Expanding professional diversity on federal courts can also affect case outcomes and the development of legal precedent. Judges with backgrounds as prosecutors or corporate lawyers are significantly more likely to rule in favor of employers in workplace disputes, according to a February study conducted by Emory University law professor Joanna Shepherd. (Demand Justice provided some financial support for this study.)
Rossman is now one of just eight active judges in the entirety of the U.S. appeals court system with experience as a public defender. That’s out of a total of 174 currently active judges on U.S. appeals courts.
Put another way: Only about 4.6% of all active U.S. appeals court judges have experience as a public defender.
Biden is responsible for nominating four of those eight U.S. appeals court judges, just eight months into his presidency. The other four were nominated by President Barack Obama over the course of his eight years in the White House.
“As former public defenders, civil rights attorneys, labor organizers and more, Biden’s judicial nominees bring a wealth of professional and lived experience that will be invaluable to the federal judiciary,” said Rakim Brooks, president of the judicial advocacy group Alliance for Justice. “Our democracy works best when people have faith and trust in our courts, so it is essential that our courts are fully representative of the diversity of our nation ― not just the wealthy and the powerful.”
Killed ‘for defending our planet’: Latin America is deadliest place for environmentalists
Albinson Linares, Noticias Telemundo
MEXICO CITY — Diana Gabriela Aranguren could not believe what the news was saying. She looked at the TV screen over and over, trying to understand how it was possible that her friend had been killed.
“He had just made a post on Facebook at 6 p.m. to participate in an activity and a bit later, the tragedy came on the news,” Aranguren, a teacher and environmental activist, said about the death of Oscar Eyraud Adams, an Indigenous Mexican activist and leader who was killed on Sept. 24, 2020, in Tecate, Baja California.
Eyraud Adams fought for the water rights of the Indigenous Kumiai, who have been affected by the excessive use of the region’s aquifers by large beer and wine companies.
His social media post, which were the last words he wrote, was a call for an event called “Looking for rain in the desert.”
A group of armed men entered his residence and shot him dead; the only thing they took was his cellphone and a notebook with his notes. At least 13 bullet casings, of different calibers, were found by authorities at the crime scene.
The case of Eyraud Adams, and many others, are chronicled in “Last Line of Defence: The industries causing the climate crisis and attacks against land and environmental defenders,” the latest report from Global Witness, an environmental rights organization which is calling out the increase in attacks against activists.
“You never think that defending our right to water and life will lead to death,” Aranguren said in an interview with Noticias Telemundo. “In Mexico, the people who defend their territory and natural resources are being killed, they make us disappear and they criminalize us.”
In 2020, there were 227 deadly attacks, an increase in the historical figures since 2019, the deadliest year for environmental activists, with 212 murders.
The most chilling data is in Latin America, where 165 deaths took place — three-quarters of the attacks.
Almost 3 out of 4 attacks occurred in the region, which includes 7 of the 10 deadliest countries.
Colombia, with 65 deaths, and Mexico, with 30, lead the world ranking of murders of land and environmental defenders. Other countries with worrying figures are Brazil and Honduras, with 20 and 17 murders, respectively.
Killed ‘for defending our planet’
At least 30 percent of the attacks are related to the exploitation of resources in activities such as logging, the construction of hydroelectric dams, mining projects and large-scale agribusiness.
“The people who are killed every year for defending their local populations were also defending the planet we share. In particular, our climate. Activities that flood our atmosphere with carbon, such as fossil fuel extraction and deforestation, are at the center of many of these murders,” environmentalist and author Bill McKibben wrote in Spanish in the report’s foreword.
The logging and deforestation industry is linked to the highest number of murders in 2020, with 23 cases recorded in countries such as Brazil, Nicaragua, Peru and the Philippines.
Global Witness claims its data doesn’t reflect “the true dimension of the problem” because restrictions on press freedom and coercive tactics such as death threats, illegal surveillance, intimidation, sexual violence and criminalization can contribute to an underreporting of assaults.
Colombia and Mexico lead in killings
According to the organization, since the signing of the Paris Agreement on climate change in 2015, an average of four environmental defenders have been killed each week.
For the second consecutive year, Colombia registered the highest number of activists killed, totaling 65 executions. The attacks occurred in “the context of generalized attacks against human rights defenders and community leaders,” the report stated. “In many of the most remote areas, paramilitary and criminal groups increased their control through the exercise of violence.”
Almost half of the country’s homicides were against people engaged in small-scale agriculture and a third of the activists were Indigenous or Afro-Colombians.
The entrance to Kumiai territory in Juntas de Nejí, Baja California. (Felipe Luna / Global Witness)
Countries used the coronavirus pandemic as an excuse to implement repressive methods against their populations — “an opportunity to take drastic measures against civil society while companies advanced with destructive projects,” the researchers state.
The closures and quarantines made it easier to locate activists, “and that is why many of the homicides were perpetrated in their homes or in their surroundings,” Lourdes Castro, coordinator of the Somos Defensores program, said in an interview with Mongabay Latam.
“Paradoxically, the violent people had the possibility to walk freely through the territories,” Castro said.
Another worrying case is the situation for Mexican activists. Global Witness registered 30 lethal attacks in Mexico, which represents an increase of 67 percent compared to 2019 when 18 deaths were counted.
“Forest exploitation was linked to almost a third of these attacks and half of all attacks in the country were directed against Indigenous communities,” the researchers said. Moreover, most of them go unpunished, since 95 percent of murders in the country don’t result in a legal case.
Gabriela Carreón, human rights manager of the Mexican Center for Environmental Law (Cemda), said 2020 was the most violent year for environmental activists during the administration of President Andrés Manuel López Obrador.
As of July, Cemda has registered 14 murders against environmental activists. That same month, the Mexican Ministry of the Interior acknowledged that at least 68 human rights defenders and 43 journalists have been assassinated so far during López Obrador’s tenure.
Fighting the hellish heat in Baja California
Heat kills in the Mexican state of Baja California. In 2019, at least eight heat-related deaths were recorded in Mexicali, the state’s capital; in 2020 they were 83.
“In the last 70 years, the temperature in Mexico has a clear and conclusive increasing trend,” Jorge Zavala Hidalgo, general coordinator of the National Meteorological Service, told Noticias Telemundo. “In the last decade it has increased very rapidly and that rise is even higher than the average for the planet.”
The slain environmental activist, Eyraud Adams, had lived through the region’s searing temperatures and lack of water.
In 2017, he had opposed the installation of the Constellation Brands brewery, which according to the company would use about 1.8 billion gallons a year for their production.
“Big companies have access to water much easier. This is not fair because we need water to survive,” Eyraud Adams had said, his comments quoted in the report. He promoted solutions to guarantee the preservation of water resources for the Kumiai and avoid the exodus of young people from the region.
“He helped us make what is happening in Baja California visible, but he paid for it with his life,” said his friend Aranguren, who is part of Mexicali Resiste, an environmental rights organization.
“It is sad because these murders take away our children’s future security,” she said.
“We feel great fear because we have to keep fighting. There are still megaprojects in this area that take away our water,” Aranguren said. “But if we don’t protest, no one will come to help us.”
Op-Ed: Are Supreme Court justices ‘partisan hacks’? All the evidence says yes
Erwin Chemerinsky
President Trump and Amy Coney Barrett at the White House after she took the constitutional oath on Oct. 26, 2020, to become a Supreme Court justice. (Patrick Semansky / Associated Press)
If Supreme Court justices don’t want to be seen as “partisan hacks,” they should not act like them.
In a speech last week at the McConnell Center at the University of Louisville Law School, Justice Amy Coney Barrett said, “This court is not comprised of a bunch of partisan hacks.” She added, “Judicial philosophies are not the same as political parties.”
Setting aside the irony of uttering these statements at an event honoring Sen. Mitch McConnell, who blocked the confirmation of Merrick Garland to the court and rushed through the confirmation of Barrett precisely because of their ideologies, the reality is that time and again the court’s Republican majority has handed down decisions strongly favoring Republicans in the political process.
Does Barrett really expect people to believe that is a coincidence?
In the same speech, Barrett reiterated that she is an originalist, one who believes that the Constitution must be interpreted to mean what it might have meant at the time it was adopted. Yet not one of the court’s decisions about the election process favoring Republicans can possibly be defended on originalist grounds, which shows how wrong her claims really are.
In a series of rulings, with all of the Republican-appointed justices in the majority and the Democratic-appointed justices dissenting, the court has strongly tilted the scales in elections in favor of Republicans. In 2010, in Citizens United vs. Federal Election Commission, the court ruled 5 to 4 that corporations can spend unlimited amounts to get candidates elected or defeated.
Business interests, which overwhelmingly favor Republican candidates in their campaign expenditures, outspend unions by more than 15 to 1. There is no plausible argument that the original meaning of the 1st Amendment included a right of corporations to spend unlimited amounts in election campaigns. Neither political expenditures nor corporations, as we know them today, even existed at the founding of this country.
In decisions in 2013 and this year, the court’s conservative majority eviscerated the protections of the 1965 Voting Rights Act in a manner that helps Republicans and hurts voters of color and Democrats. In 2013, in Shelby County vs. Holder, the court, 5 to 4, nullified the law’s requirement that states with a history of race discrimination get preclearance before making a significant change in their election systems. Every one of these states where preclearance was required was controlled by Republicans.
Chief Justice John G. Roberts Jr. wrote for the majority and said that Congress violated the principle of equal state sovereignty by not treating all states the same. Nowhere is that found in the Constitution — and it was certainly not the understanding when the 14th Amendment was adopted by a Congress that imposed Reconstruction, including military rule, on Southern states.
After the Shelby County case, Republican-controlled governments in states like Texas and North Carolina immediately put in place restrictions on voting that had been previously denied preclearance.
In July, the court, now with six Republican appointees, gutted another crucial provision of the Voting Rights Act. Section 2 prohibits state and local governments from having election systems that discriminate against minority voters. Congress amended this provision in 1982 to provide that the law is violated if there is proof of a racially discriminatory impact.
The case, Brnovich vs. Democratic National Committee, involved two provisions of Arizona law that the United States Court of Appeals found had a discriminatory effect against voters of color. But Justice Samuel Alito, writing for the Republican-appointed justices, imposed many requirements that will make it very difficult, if not impossible, to prove a violation of the Voting Rights Act.
He said, for example, that courts must consider whether the new restrictions are worse than what existed in 1982 when the law was amended, all other ways for people to vote, and the state’s interest in preventing fraud. For any restriction on voting, a court can now say it isn’t as bad as some that existed earlier, or that there are enough other ways to vote, or that the state’s interests are enough to justify the law. In her dissent in Brnovich, Justice Elena Kagan noted there’s new evidence that “the Shelby ruling may jeopardize decades of voting rights progress.”
Conservative justices, who say they focus on the text of the law in interpreting statutes, created limits on the reach of the Voting Rights Act that are nowhere mentioned in it. The result is that the laws adopted by Republican legislatures in Georgia, Florida, Texas and other states are now far more likely to be upheld.
In these and other cases, the Republican justices changed the law to dramatically favor Republicans in the political process. Barrett’s protest against the justices being seen as “partisan hacks” rings hollow when that is what they have become. And it is risible to say that “judicial philosophies are not the same as political parties.” I would challenge her to give a single instance where the conservative justices on the court took positions that were at odds with the views of the Republican Party.
The most obvious example, of course, is abortion. The GOP vehemently opposes abortion rights and Republican presidents have appointed justices with that view. No one should have been surprised when the five conservative justices refused to enjoin the Texas law banning abortions after the sixth week of pregnancy even though it blatantly violates the constitutional right to abortion.
Supreme Court decisions always have been and always will be a product of the ideology of the justices. No one — least of all a Supreme Court justice — should pretend otherwise.
Erwin Chemerinsky is dean of the UC Berkeley School of Law and a contributing writer to Opinion. He is the author most recently of “Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.”
They Were Going to Bulldoze the American Republic for This Guy
Jack Holmes – September 21, 2021
Photo credit: Douglas P. DeFelice – Getty Images
You ever think about how they were going to bulldoze the American republic for this guy? A rich-kid failson who inherited all his daddy’s cash and squandered it many times over before clawing himself back into putative solvency through a game-show hosting gig where he pretended to be a businessman, all the while treating people—especially women—like absolute dog shit everywhere he went for his entire life? It’s almost like the aggressive mediocrity was part of the appeal, a statement of power, that a guy who knew nothing about anything and nodded along as someone called his own daughter a “piece of ass” on the radio could still become president if he said the right things about the right people. Of course, it was only possible through the absurd technicalities generated by our system of electing our presidents.
It was that same system that Trump’s people tried to exploit when, in 2020, he lost the Electoral College vote in addition to the popular vote he’d also lost in 2016. They just could not accept that, while the College had allowed Trump to get way closer to re-election than anyone who loses by 7 million actual citizens’ votes ever should, he’d come up short. Joe Biden’s win was illegitimate to these folks because, at this point, any Democrat winning and wielding power is illegitimate. That’s why every election is declared “rigged” now before it happens. That’s why right-wingers are going on TV to laugh at the idea a Democrat could legitimately win an election in California(?). That’s why Republican state legislatures have repeatedly moved to strip offices, including governors, of their power before a Democrat who won an election is installed. Donald Trump could not have lost because the Real Americans voted for him. Everything works backward from there, including John Eastman’s memo.
Photo credit: Douglas P. DeFelice – Getty Images
Eastman was one of the many lawyers aiding Trump in his campaign to overturn the results of a free and fair election, and seems to have taken an integral role in the final act: stopping Congress from certifying the election results on January 6. Eastman drew up a detailed plan for Vice President Mike Pence to stop the election certification singlehandedly—for one man to wield his power in order to seize it from the people, a comfortable majority of whom voted for Joe Biden and imbued in him the democratic legitimacy of the people’s will. In Eastman’s second bullet point, there’s just a frankly astounding phrase: “This would be the first break with the procedure set out in the Act.” There are some structural weaknesses to the Electoral Count Act, on the books since 1887, but it seems clear enough that the law was not a concern anyway. Trump had to be installed as president for another four years. Everything else was an obstacle or window dressing.
They were just going to make their guy—that guy—the president even though the other guy won. That’s where we’re at. For some of the True Believers, there probably really was “fraud,” if only as a kind of defense mechanism against the notion that millions more of their fellow citizens were interested in Not Trump than Trump. For others, it may well have been a means to an end, a way to cling onto the power and influence and money that you get while lurking around the splash zone of those more powerful than you are. But the fact remains that for a sizable constituency in this country, the outcome of the legal democratic process is a sideshow to the main event of who has power. The latter question can be settled by means other than who gets the support of a majority of citizens, including using the same laws meant to organize the democratic process to undermine it. Gerrymandering, voting restrictions, wielding power through the courts. We’re in a whole new place now. Do even the Democrats understand?
Fact that one-third of US was hit with extreme weather event this summer is a red flag: Energy Secretary
Akiko Fujita, Anchor/Reporter September 20, 2021
U.S. Energy Secretary Jennifer Granholm said Monday, extreme weather events this summer have elevated the urgency with which the Biden administration tackles the climate crisis.
But, with less than two months to go until the UN Climate Change Conference (COP 26), she said the administration has no plans to boost its ambitions to slash greenhouse gas emissions in half from 2005 levels, by the end of this decade.
“The fact that one-third of the country has experienced an extreme climate related event this summer, whether it is wildfires, or hurricanes, or droughts or whatever, that is the exclamation point that we hope that the rest of the country sees the urgency of the moment,” said Granholm in an interview with Yahoo Finance Live. “[The plan to slash emissions] is a really hard goal. And it’s going to require a full effort, not just all of government, but all of the economy.”
The continued call for climate action comes on the heels of a summer marked by extreme weather events.
Nearly 1-in-3 Americans have been affected by extreme weather in the last three months, according to a Washington Post analysis. Nearly 400 people have died from hurricanes, floods, and heat waves, based on media reports and government data obtained by the Post.
With less than two months to go until global leaders gather at the COP 26 in Glasgow, Granholm, along with other administration officials, are looking to capitalize on the urgency of the moment, to pressure lawmakers to pass key climate legislation in Congress.
The bipartisan infrastructure bill calls for investments in clean energy, including $7.5 billion to build out a national network for electric vehicle chargers, and $27 billion for essential transmission investments. The Democratic reconciliation bill, with a $3.5 trillion price tag, calls for a $150 billion investment for a clean electricity standard.
“We would get to the number of 100% clean electricity by 2035, if we have the right policy pieces in place,” Granholm said.
The Department of Energy’s proposed Clean Electricity Performance Program, or CEPP, establishes clean energy tax incentives by providing grants or payments to utility companies based on the amount of renewable energy the firm supplies to customers. That, combined with a methane fee would accelerate the shift to clean energy, in line with the timeline set out by the Biden administration, said Granholm.
“There’s both a regulatory side and there’s a market side, and sometimes the market side is even more powerful, because all of these countries as well as other companies have goals to be able to reduce their own carbon dioxide footprints,” Granholm said.
But, recent studies show market-based pressure has done little to change the behavior of U.S. oil and gas majors. A report by financial think tank Carbon Tracker Initiative points to continued investments in major oil and gas projects are inconsistent with the goals of the Paris Climate agreement. Despite that, Granholm said the administration has no plans to introduce a carbon tax, saying the preference is to incentive action, instead of penalizing inaction.
“We think the most effective tool is the one that we have laid out, which is to incentivize the utilities to purchase the right ingredients to be able to get to that clean electricity goal,” she said. “I understand certainly that a carbon tax is something people have been talking about for a long time. It’s just not this administration’s preferred way of moving.
Akiko Fujita is an anchor and reporter for Yahoo Finance.
The 3 U.S. negotiating errors that paved the way for the Taliban’s return to power
Tim O’Donnell, Contributing Writer
Taliban flags. KARIM SAHIB/AFP via Getty Images
The Taliban didn’t regain control of Afghanistan overnight, and while their return to power was years in the making, the Trump administration’s agreement with the group last year helped speed up the process, Lisa Curtis, the director of the Indo-Pacific Security Program at the Center for a New American Security, writes for Foreign Affairs.
Curtis zeroed in on three errors the negotiation team, led by Zalmay Khalilzad, made out of “desperation to conclude a deal” and put an end to the decades-long U.S. military involvement in Afghanistan. The first, she writes, was believing the Taliban would eventually sit down with the Afghan government to hash out a long-term political settlement. This led Washington to exclude Kabul from their talks with the Taliban in Qatar, which Curtis argues “prematurely conferred legitimacy on the” insurgents.
The next mistake, in Curtis’ opinion, was that the U.S. didn’t “condition the pace of talks on Taliban violence levels.” Negotiations continued even amid escalating violence on the ground in Afghanistan, and ultimately the Taliban only had to “reduce violence for six days before signing the agreement.” Finally, Curtis believes the Trump administration was operating under “wishful thinking” that the Taliban was seriously interested in political negotiations instead of fighting their way back to power. The U.S., therefore, forced Afghan President Ashraf Ghani to release 5,000 Taliban prisoners without simultaneously securing a “commensurate concession” from the group.
“The United States would have been far better off negotiating its withdrawal directly with the Afghan government, something that Ghani himself proposed in early 2019,” Curtis writes. “By doing so, the United States would have avoided demoralizing its Afghan partners as Washington pulled back U.S. forces.” Read about how Curtis thinks the Biden administration should deal with the Taliban going forward at Foreign Affairs.
A Texas restaurant owner threw out a family wearing masks who were trying to protect their immuno-compromised son
Madison Hall
Texas Gov. Greg Abbott removing his mask before speaking at a news conference about migrant children detentions. L.M. Otero/AP
A Texas restaurant owner kicked a family out of his shop for wearing face masks.
The family said they were wearing masks because their son is immuno-compromised.
The owner said he didn’t know about the child’s status, but he’d continue to enforce the mask ban.
A Texas restaurant owner booted a family wearing masks to protect their immuno-compromised son, saying it was “political,” CBS DFW reported.
Natalie Wester and her husband brought their 4-month-old son to Hang Time, a restaurant and bar in Rowlett, Texas, just northeast of Dallas. Wester told CBS DFW that her son is immuno-compromised, leading the couple to don masks inside the venue out of precaution.
Hang Time’s owner didn’t approve.
Wester said their waitress approached the family at the behest of the restaurant owner and said, “This is political, and I need you to take your mask off.”
“I feel the overall reaction with masks is ridiculous in the United States right now,” Hang Time’s owner said.
The owner told CBS DFW that going maskless was part of the restaurant’s dress code, and that he had the right to refuse to serve customers breaking his rules.
But Hang Times’ anti-masking dress code wasn’t posted outside of the restaurant, CBS DFW reported.
The restaurant owner told CBS DFW that he didn’t know the Westers’ son was immuno-compromised but said he’d continue to enforce Hang Time’s no-masking policy.