Another Rogue Cop Just Got Qualified Immunity. The Judge Who Gave It to Him Isn’t Happy About It.

“A federal judge this week gave a blistering rebuke of qualified immunity, the legal doctrine that makes it difficult to sue police officers in federal court when they violate your civil rights.

“The Constitution says everyone is entitled to equal protection of the law—even at the hands of law enforcement,” wrote Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi in a majority decision released yesterday. “Over the decades, however, judges have invented a legal doctrine to protect law enforcement officers from having to face any consequences for wrongdoing. The doctrine is called ‘qualified immunity.’ In real life it operates like absolute immunity.””

“to overcome qualified immunity, a plaintiff must show that the defendant’s misconduct had been “clearly established” by existing case law—the standard pulled out of thin air by the Supreme Court in Harlow v. Fitzgerald (1982). In practice, this criterion requires that plaintiffs show a public official’s misbehavior is prohibited almost verbatim by a previous ruling from the same federal circuit or from the Supreme Court. That requirement is nearly impossible to meet. “This Court is required to apply the law as stated by the Supreme Court,” Reeves writes. “Under that law, the officer who transformed a short traffic stop into an almost two-hour, life-altering ordeal is entitled to qualified immunity. The officer’s motion seeking as much is therefore granted.”

It is not unheard of for a federal judge to show disdain for his own ruling. They are required to enforce precedents established by the Supreme Court, even when doing so defies common sense. (Federal judges can also be seen decrying the mandatory minimum sentences they are required by Congress to impose on defendants who meet statutory criteria.)

A review of current qualified immunity decisions is instructive. The legal doctrine has protected two cops who allegedly stole $225,000 while executing a search warrant; a sheriff’s deputy who shot a 10-year-old boy while aiming at the child’s non-threatening dog; a prison guard who forced a naked inmate to sleep in cells filled with raw sewage and “massive amounts” of human feces; two cops who assaulted and arrested a man for the crime of standing outside of his own house; two officers who sicced a police dog on a surrendered suspect. That list is not exhaustive.”

“The Supreme Court has declined to hear a slew of qualified immunity cases and instead volleyed responsibility back to Congress. While such decisions should arguably be made by Congress, the Supreme Court created the very problem it now wants no part in solving.

“I do not envy the task before the Supreme Court. Overturning qualified immunity will undoubtedly impact our society,” Reeves writes. “Yet, the status quo is extraordinary and unsustainable. Just as the Supreme Court swept away the mistaken doctrine of ‘separate but equal,’ so too should it eliminate the doctrine of qualified immunity.””

State and Local Governments Need Some Tough Love From Uncle Sam

“A report from the National League of Cities in May revealed that the states weren’t very good at getting the money to local governments. Also, a new dataset collected by the Department of the Treasury Office of Inspector General that looks at how much the state and local governments have spent of their coronavirus relief bill funds as of June 30 shows that they have spent much less than you might think.

Some states have spent virtually none of the money allocated by Uncle Sam.

South Carolina, for example, has yet to use its $2 billion in relief. Michigan, which is asking for a bailout, spent only 3 percent of the more than $3 billion it received. New Jersey is also asking for a bailout, yet it has distributed a measly 2.1 percent of its federal funds so far.

The states demanding bailouts may likely argue that what they really need is more flexibility in order to be able to use federal funds to address their revenue shortfalls. As matters stand right now, states must use the bailout money on coronavirus-related expenditures. So, when those actual expenditures are lower than the allocated funds, they can’t spend them.

The flexibility argument doesn’t hold water, in my opinion. It’s one thing for state and local governments to ask the federal government for help to cover expenditures they couldn’t foresee, such as those related to the pandemic. But they shouldn’t be asking federal taxpayers to pay for their routine expenditures, especially when these governments have failed to plan appropriately for revenue shortfalls that inevitably occur, as they’re bound to encounter emergencies. Governments should prepare for them. They should cut spending and, if that’s not enough, they should turn to their own citizens for the funds needed to cover non-coronavirus expenditures. Those funds could be obtained through higher taxes or spending cuts elsewhere. Their routine spending should come from their taxes.

State and local governments are always eager to have the federal government solve their financial problems for them. But they will continue to have financial difficulties as long as Uncle Sam continues to cave. The first step toward having healthier and more responsible state and local governments would be no bailout.”

81 Percent of Black Americans Want the Same Level, or More, of Police Presence: Gallup

“As calls to defund and abolish the police grow around the country, a new poll by Gallup finds that a large majority—81 percent—of black Americans want the same or increased levels of police presence in their neighborhoods. Just 19 percent of black Americans said they want the police to spend less time in their neighborhoods”

Trump Is Trying To Take Away Americans’ Access to Popular Apps by Executive Order

“The Trump administration has been hyping its hate for TikTok (and, now, WeChat) as a national security matter. That premise is incredibly thin.

Yes, China’s government could compel U.S. user data from Bytedance, but it’s hard to imagine for what purpose it would do this or how this would somehow threaten the country’s safety. It’s not as if TikTok requires users to submit especially sensitive data. And if the kind of data users provide TikTok really is a huge threat in Beijing’s hands, then this threat extends to all digital tools made in China. For that matter: The U.S. government can pry user records from American tech companies—and while the Chinese Communist Party poses little threat to individual Americans outside China, the American authorities can use your data to punish you.”

Trump’s New Tariffs on Canadian Aluminum Are Indefensible

“When President Donald Trump imposed 10 percent tariffs on imported aluminum in March 2018, it was (predictably) American aluminum-consuming companies that suffered the most.

Companies like Whirlpool Corp., for example. The appliance manufacturer—which had previously been a cheerleader for Trump’s tariffs on imported washing machines—saw its sales and stock prices tumble in the months after Trump’s aluminum tariffs took effect, as the import taxes added to the company’s input costs. It takes a lot of aluminum to build a washing machine, after all.”

“Those tariffs had been lifted in 2019 as Trump sought to negotiate the United States–Mexico–Canada Agreement (USMCA), which officially took effect last month. But with the new trade deal in place, Trump has quickly returned to his old tricks. “Canada was taking advantage of us, as usual,” he said Thursday during a largely off-the-cuff speech at the plant. The new tariffs are slated to take effect on August 16.

Ostensibly, the justification for reimposing these tariffs is the claim that imports have increased dramatically in recent months. In reality, that’s a bunch of nonsense. The Aluminium Association says the claims of a surge in aluminum imports “are grossly exaggerated.” In fact, aluminum imports from Canada are below 2017 levels—the last year before Trump’s first round of tariffs took effect.

And even if aluminum imports were increasing, that’s not something to get upset about. The United States literally does not produce enough aluminum to meet its domestic needs, so imports are essential for supporting the 97 percent of American aluminum industry jobs that are in downstream production. And when more aluminum—or anything else—is traded back and forth between the United States and Canada, both countries benefit from the transaction. That’s how trade works.

It’s not exactly clear what Trump hopes the reinstated tariffs will accomplish, but the one thing that should be obvious is that American aluminum-consuming industries will once again be punished by the president’s trade policies.”

5 real steps the US could take to help Uighurs in China

“For several years now, China has been systematically repressing its Uighur Muslim minority in the western province of Xinjiang — millions of Uighurs have been detained in “reeducation” camps, where they are subjected to grievous human rights abuses including torture, sexual abuse, forced sterilization, family separation, and brainwashing.

Those Uighurs in Xinjiang who manage to avoid the camps still live under oppressive government surveillance and draconian restrictions aimed at erasing their religious and cultural traditions.”

Surgical gowns cost my hospital 40 cents before the pandemic. Now they’re $9.

“Over the past two decades, US health care has come to rely heavily on international suppliers, especially in China, for thousands of essential products, from surgical gowns to syringes. In fact, as of 2019, the US was the largest importer of medical goods — including of personal protective products — in the world.

Over the past few months as the pandemic raged, most US hospitals and health systems have responded by turning to domestic suppliers. They are more reliable given the difficulties with transportation and trade, which have become worse since the pandemic began.

This trend is likely to continue, as hospitals and health care systems try to ensure that they have a steady supply of essential products.

But this new domestic strategy has a particular disadvantage: In general, it is much more expensive. And this puts hospitals — and, potentially, their patients — in greater financial jeopardy.”

“In February, to ensure that the country had adequate domestic supply, the Chinese government took over the production and distribution of medical products. China was not the only country to do this, but because it is a leading global supplier of so many health care products — personal protective equipment (PPE) such as N95 masks, medical devices, antibiotics, and pharmaceutical ingredients, to name a few — the decision had major consequences. In 2019 alone, China supplied a quarter of the entire globe’s face masks.”