“A 2012 study that the Department of Defense commissioned after the 2009 mass shooting at Fort Hood in Texas includes an appendix titled “Prediction: Why It Won’t Work.” The appendix observes that “low-base-rate events with high consequence pose a management challenge.” In the case of “targeted violence,” for example, “there may be pre-existing behavior markers that are specifiable.” But “while such markers may be sensitive, they are of low specificity and thus carry the baggage of an unavoidable false alarm rate, which limits feasibility of prediction-intervention strategies.” In other words, even if certain “red flags” are common among mass shooters, almost none of the people who display those signs are bent on murderous violence.
Supporters of red flag laws prefer to ignore this problem. After a mass shooting in a state that has such a law, they argue, as in this case, that it would have worked if only it had been used properly. But the problem goes deeper than that. However you weigh the risk of preventable violence against the risk of taking away innocent people’s rights, this policy has inherent limitations that mean it is bound to fail”
“Nearly 50 percent of the state’s available water flows to the Pacific, 40 percent goes to farms and 10 percent goes to urban users. Residences use 5.7 percent of the state’s water, with half of that going to pools and landscaping. Conservation is a good idea during times of scarcity. But why are environmentalists and regulators fixated on squeezing more drops from those who use the least?
It’s almost as if they are more intent on punishing Californians for our lifestyles than funneling more water into our system to assure that everyone has the water that they need.”
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“California needs to build appropriate water-storage facilities to capture more water during rainy years (and, yes, we’ll have rainy years again), improve water trading and pricing, and build recycling and desalination plants. We’re not going to do desalination now obviously, we’re not fixing the pricing situation and we’re not building water-storage facilities.
Again, the governor’s rhetoric has been good lately when it comes to water, but his action is lacking. He appoints members to the Coastal Commission and we see how that went. He touts his $5.1-billion water infrastructure package as the centerpiece of his efforts to boost water availability, but one need only look at the administration’s own press package to see it’s a fairly empty package.
The largest portion ($1.3 billion) goes toward drinking and wastewater infrastructure for disadvantaged communities—an important and long-neglected upgrade that nevertheless has little to do with boosting water supplies. The other main expenditures relate to environmental improvements, including fish corridors and water-efficiency subsidies.
As U.S. Rep. Tom McClintock (R–Roseville), has said, “Droughts are nature’s fault and they are beyond our control. Water shortages, on the other hand, are our fault.” Based on the commission’s decision, it’s sadly clear that California has made its choice to enter a stage of permanent rationing and endless crisis.”
“Congress directed the Army to stop funding the long-range cannon in its fiscal 2022 appropriations act, and “based on that direction, the Secretary of the Army decided to terminate the [SLRC] project this year,” Ellen Lovett, Army spokesperson said in a May 20 statement to Defense News.
The decision also “eliminates potential redundancy, and ensures we effectively use tax dollars to achieve modernization objectives,” she wrote. “Pursuing the effort could cost billions of dollars even if the science and technology effort succeeded because the Army would have to enter into a development program, procure the system, and create entirely new units to operate it.”
The Army still has four other long-range fires programs set to reach operational Army units in 2023”
“The country’s ongoing shortage of infant formula has been exacerbated and prolonged by a long list of counterproductive government interventions: from tariffs and trade restrictions to price-distorting subsidies and nonsensical labeling requirements.
New York City Mayor Eric Adams has decided to throw one more log on the fire by issuing an emergency order limiting price increases on infant formula.
“The nationwide infant formula shortage has caused unimaginable pain and anxiety for families across New York—and we must act with urgency,” said Adams on Sunday. “This emergency executive order will help us to crack down on any retailer looking to capitalize on this crisis by jacking up prices on this essential good.”
The mayor’s order invokes city rules that prohibit merchants from raising prices more than 10 percent from where they were 30–60 days preceding the emergency. Adams urged people to report potential gouging to the city’s Department of Consumer and Worker Protection.”
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“sudden price hikes discourage people from engaging in harmful and unproductive hoarding.”
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“Higher prices make once unprofitable activities suddenly lucrative. For example, it’s usually not profitable to drive 100 miles to sell people bags of ice. That calculation changes when a hurricane drives up the price of ice to $15 a bag.
Conversely, if price gouging laws force a bag of ice to be sold at $1, hurricane or not, a lot fewer potential suppliers are going to be induced to take that trip. The result is more people go without ice.
Adams’s order will similarly deprive New Yorkers of much-needed formula. Out-of-city suppliers who might have incurred higher transportation costs to reap the rewards of higher prices in the Big Apple will instead sell off closer to home. That’ll be particularly true if they’re located in a jurisdiction that hasn’t banned market prices on baby formula.
The federal policies driving the formula shortage—whether that’s prohibitive tariffs on baby formula or labeling rules that keep European products off the market—are outside the control of local officials like Adams, who are nevertheless expected by their constituents to do something.
The least the mayor could do, however, is not make the formula problem worse. His emergency order shows he can’t even clear that bar.”
“Pollsters are increasingly embracing new methods in the run-up to the 2022 midterms after notable misses in recent races. Front of mind is the looming 2024 election cycle, when former President Donald Trump — whose support among the electorate has bedeviled pollsters trying to measure it for the past seven years, including missing low on Trump’s vote before his 2016 win and underestimating the closeness of his 2020 loss — could be on the ballot for the third consecutive presidential election.”
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“Increasingly, pollsters across the field favor combining multiple methods of contact in the same poll, seeking to include the hardest-to-reach Americans.”
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“It’s already happening across the board. After ending their more-than-30-year partnership with NBC News after the 2020 election, the Wall Street Journal’s new poll — a cooperative effort between the pollsters for both Trump and President Joe Biden — reaches a quarter of its respondents via text message. The technique, called “text-to-web,” sends a link to an internet survey, and those interviews are added to others conducted by voice over landlines and cell phones.
Over the past year, CNN’s polling has spanned a wide range of methods. Conducted both over the phone and the internet, some polls are conducted from respondents who have joined a panel maintained by SSRS, the Pennsylvania-based company that conducts polls for CNN and other outlets. But the samples for two other CNN polls — one earlier this year and one in the summer of 2021 — were obtained by mailing solicitations to people at home and asking them to participate, either on the phone or the web.
Prior to last summer, all of CNN’s national polling had been conducted by phone.
Large media outlets have experimented with emerging methodologies before. CBS News and The New York Times did some of the first major media polling over the internet in 2014.”
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“as Americans become increasingly more difficult to reach, traditional methods are becoming more untenable.
“These things are only getting harder,” said one pollster who was granted anonymity to offer a candid assessment of the state of the industry. “So if you’re just doing the same thing, it’s only going to get worse.”
The innovations are not limited to sampling and data collection. But devising new weighting parameters — ways to adjust the results to better reflect the electorate — is more difficult. That’s because one of the main culprits of the 2020 election miss appears to be people who don’t respond to polls — so-called “nonresponse bias.” Voters in that group were more likely to support Trump, which made it harder for polls to reflect the true measure of his support.”
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“some of the new proposals include weighting data to some social benchmarks, like the percentage of people who know and talk to their neighbors, or who volunteer in their community. Others suggest asking whether people trust media or polling in order to determine if their sample is too establishment-friendly.
The implementation of new methods is also happening at the campaign level, though to a lesser degree. Campaign pollsters — whose jobs involve giving candidates and outside groups strategic advice more than simply measuring the horse race — are dipping their toes tentatively into less-familiar waters.
In general, Democratic firms — many of which banded together after the 2020 election to study went wrong — are more open to experimentation.”
“Tactical nuclear weapons are often called “battlefield” or “theater” weapons to distinguish them from much more powerful strategic nuclear weapons, but they are far more destructive than conventional weapons. During the Cold War, tactical nuclear weapons had yields ranging from tens or hundreds of tons of TNT to thousands of tons. These weapons came in many forms: gravity bombs, short-range missile warheads, anti-aircraft missiles, air-to-air and air-to ground missiles, anti-ship and anti-submarine torpedoes and even demolition devices or mines. Reportedly, the smallest tactical weapon in the Russian nuclear arsenal has a yield of about one-third the size of Hiroshima or Nagasaki bombs, or equivalent to about 5,000 tons of TNT.
There are a few ways that such a tactical nuclear weapon could be used to fire the kind of “warning shot” envisioned in Russian military doctrine. These options come with increasing degrees of risk for the U.S., Ukraine and its allies, and for Russia.”
“Alito is not just a conservative. He’s not a consistent “originalist” in the vein of Scalia or Justice Clarence Thomas, only a “practical” one. The key to understanding Alito is not judicial philosophy or ardent conservatism: it’s his anger — an anger that resonates with the sentiments of many voters, especially white and male ones, who feel displaced by recent social and cultural changes. If you want to understand what to expect from the post-Roberts Court, paying attention to that anger pays dividends.”
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“Alito’s anger consistently sounds in a register of cultural decline, bemoaning the growing prominence of women and minorities in American life. Writing the majority opinion in Hobby Lobby, which endorsed a company’s right to deny employees contraception coverage, Alito waxed lyrically about the “men and women who wish to run their businesses as for-profit corporations in the manner required by their religious beliefs.” The women denied medical care that facilitates participation in the labor market, in contrast, weren’t a concern. Examining a Washington state regulation of pharmacists, Alito was quick to detect “hostility” to conservative religious beliefs. And in an opinion repudiating New Haven’s effort to promote more Black firefighters, Alito alone trawled the history of the case to complain about the role played by a Black pastor who was an ally of the city’s mayor and had “threatened a race riot.” Black involvement in municipal politics, for Alito, appears as a sinister threat to public order.
In stark contrast, when the charge of discrimination is made on behalf of racial or religious minorities, Alito expresses no such solicitude. He does not search for evidence of bias. Instead, he takes an impossibly narrow view of job-related discrimination that demands women somehow instinctively know they are being paid less than male counterparts. Despite his claim to a “just the facts ma’am” approach, Alito has a distinctively constricted take on what the “facts” are. To read his opinions is to inhabit a world in which it is white Christian men who are the principal targets of invidious discrimination, and where a traditional way of life marked by firm and clear gender rules is under attack.
When it comes to the criminal justice system, Alito is a reliable vote for the most punitive version of the state. In 2016, when the Supreme Court invalidated Florida’s death-penalty scheme on Sixth Amendment grounds, only Alito dissented. When the court, a year earlier, found a federal sentencing rule for armed offenders unconstitutionally vague, only Alito voted for the prosecution. It’s difficult to think of cases where Alito has voted for a criminal defendant, or any other litigant that elicits liberal sympathies.”
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“In November 2020, Alito gave a keynote speech to the conservative legal organization the Federalist Society. Much criticized at the time for its partisan tone “befitting a Trump rally,” in the words of one critic, those remarks are useful because they prefigure where a court on which Alito is a dominant voice might go.
In that speech, Alito criticized pandemic restrictions by bemoaning the rise of “scientific” policymaking. He complained about the “protracted campaign” and “economic boycotts” of Catholic groups and others with “unpopular religious beliefs” (self-identified Christians make up some 63 percent of the American populace). And he (falsely) warned of “morning after pills that destroy an embryo after fertilization.” If that speech is any guide — and there is no reason to think it won’t be — the future of the Supreme Court will be increasingly one of religious censor: keeping women in their lane, standing up for Christian rights, and making sure that uppity “scientists” in the federal government don’t get their wicked way.”
“The uproar over infant formula shortages is prompting lawmakers to confront how a federal nutrition program may be helping a small handful of formula manufacturers dominate the U.S. market.
The federal government’s widely-used nutrition program for women, infants and children, known as WIC, is by far the largest purchaser of formula in the U.S., with more than half of infant formula in the U.S. going through the program. And just two companies serve close to 90 percent of the infants who receive benefits through the program, in part because of the way WIC awards its contracts.”
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“The Abbott recall and resulting shortages were especially disruptive for WIC recipients. About half of all babies born in the U.S. qualify for WIC, which serves low-income families. Many of these households don’t have the time or resources to drive around looking for alternative formula brands or scour the internet for available stocks. Even if parents and caregivers could find alternative formulas, their WIC benefits might not have covered the specific brand they could find when the shortages first hit.
For the past three decades, WIC has used what’s called sole-source contracting, which is designed to save the program money by allowing the states to buy formula far below retail prices. The National WIC Association estimates that state rebates save about $1.7 billion in costs each year. When a state contracts with a company, all WIC participants in the state use that same manufacturer. Just three companies have been awarded contracts during this time: Abbott Nutrition; Mead Johnson, which makes Enfamil; and Nestle, which makes Gerber.”
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““The dirty secret about WIC is these formula companies actually lose money on formula that they sell through WIC,” because the lowest bidder ends up winning the state contracts, explained a former Democratic Senate aide. “But what happens is… if you give birth in a hospital and you request formula, you’re going to get the formula that is whoever has the WIC contract,” allowing the formula makers to reach a massive pool of new customers. Getting a state WIC contract can also mean more favorable shelf space at retailers across the state and more brand loyalty.
Not everyone agrees about the extent to which sole-source contracting has driven consolidation in the formula industry, versus other factors, like overall consolidation across the food sector and high food safety regulatory costs, since infant formula is more highly regulated than most other foods.”
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” But the USDA’s Economic Research Service in 2011 found that switching a state WIC contract gave the new manufacturer about a 74 percent bump up in market share in the state. Most of that is the result of WIC participants switching — since they make up more than half the market — but the rest is the result of more preferential treatment at the retail level.”
“it will be worse still if what happens in Texas doesn’t stay in Texas. Extra-territoriality still lies over the horizon; Connor Semelsberger, an official with the anti-abortion Family Research Council, told me his organization was far more focused on reviving pre-Roe state laws restricting abortion and on preventing the sale of abortion pills than on pursuing action across the border. Yet efforts to limit the sale of abortifacients will almost inevitably involve enforcement beyond state lines, as is the case with the Texas extradition statute. Katie Glenn, government affairs counsel of Americans United for Life, testified in Texas in favor of the new law and says she expects to see “interstate scuffles” as pro-abortion rights states resist the cross-border reach of anti-abortion legislation. Those scuffles could involve either extradition demands or attempts to hold out-of-state figures, whether doctors or Uber drivers, civilly liable for facilitating an abortion. The new Connecticut statute specifically bars local officials from cooperating with extradition requests over the facilitation of abortion. Just so, in 1850, did Vermont pass legislation requiring citizens to help, rather than apprehend, fugitives running from slavery.
The Supreme Court, which seems to think it will have finally washed its hands of the issue, will have no choice but to adjudicate the dispute. The court has been here before as well. In 1846, Dred Scott, an enslaved man from Missouri, sued for his freedom on the grounds that his enslaver had taken him into Northern territories where he had lived for many years. The case finally reached the Supreme Court in 1857. The court ruled that Scott remained mere property, as the Fugitive Slave Act stipulated. Chief Justice Roger Taney then added, in perhaps the single worst decision in the history of the Supreme Court, that because enslaved people had no “rights which the white man was bound to respect,” the federal government could neither confer citizenship on Black people nor bar slavery in federal territories. The Dred Scott decision convinced Northerners that the “slave power” had gained control over all three branches of government. Slavery could not be extirpated save by war.
The questions that will face the court are, of course, very different this time: Whether the state laws in question violate a principle implicit in the Constitution like the “right to travel,” or which of two conflicting state laws take precedence over the other. Mary Ziegler, a law professor at Florida State University and the author of several books on abortion and the law, says there simply are “no settled answers to these questions.” After all, states have not tried to impose their laws on one another for the past 170 years or so. “There’s not a lot to constrain the justices,” says Ziegler, “which adds to the unpredictability.” One can only hope that the court will act in such a way as to dampen conflict rather than advance the anti-abortion cause, though there’s little reason to have much confidence.”
“Republican lawmakers in Oklahoma passed a bill on Thursday that would ban abortions after a fetal heartbeat can be detected, typically around six weeks into pregnancy and before many even know they are pregnant.
The Oklahoma Heartbeat Act will take immediate effect as soon as Gov. Kevin Stitt signs the bill, which is expected as early as Friday. Stitt has committed to signing any anti-abortion legislation that comes across his desk and has previously described himself as America’s “most pro-life governor.”
Earlier this month, Oklahoma enacted a different bill that nearly totally bans abortion except in cases where the pregnant person’s life is endangered. Under that bill, anyone who performs an abortion would face up to 10 years in prison and up to $100,000 in fines. It will take effect in August unless barred by the courts.
The new bill, which was passed without debate or any questions allowed, is modeled after a Texas law that went into effect last year. It has exceptions for cases where the pregnant person’s life is endangered, but not for cases of rape, incest, or fetal conditions that make life unsustainable after birth. It also imposes additional reporting requirements on physicians and allows private individuals to seek civil penalties, including at least $10,000 in damages, against anyone who aids in or performs an abortion after the six-week term. That’s designed to circumvent current legal limitations on the government’s ability to go after abortion providers.
“It’s identical to the bill that was enacted by the Texas Legislature last year, and that bill has passed muster with the United States Supreme Court,” Tony Lauinger, the chairman of Oklahomans for Life, told the AP. (The Supreme Court, however, never held a full hearing on the bill and merely dismissed a case challenging the bill in a brief order without explaining its reasoning.)”