“the Supreme Court’s decision centered around Joseph Fischer, a former Pennsylvania police officer who was charged with several offenses related to his conduct at the Capitol riot. According to the government, that lawlessness included, among other things, that he “forcibly assaulted a federal officer, entered and remained in a restricted building, and engaged in disorderly and disruptive conduct in the Capitol.”
But prosecutors tacked on another charge using the Sarbanes-Oxley Act of 2002, which criminalizes “alter[ing], destroy[ing], mutilat[ing], or conceal[ing] a record, document, or other object, or attempt[ing] to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding,” or, per the following provision, “otherwise obstruct[ing], influenc[ing], or imped[ing] any official proceeding.” Those convicted face up to 20 years in prison.
Fischer challenged that charge, arguing that the statute as written requires the alleged obstruction in question be tied to the impairment of records, documents, or objects, which would not apply to him. The federal judge who initially evaluated Fischer’s petition sided with him; a divided U.S. Court of Appeals for the D.C. Circuit reversed that; and the Supreme Court reversed the reversal.”
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“”Our commitment to equal justice and the rule of law requires the courts to faithfully apply criminal laws as written, even in periods of national crisis,” she writes. “We recognize this intuitive fact—that there is a certain category of conduct the rule is designed to prohibit—because we recognize, albeit implicitly, that the drafters of this rule have included these particular examples for a reason. We understand that, given the preceding list of examples, this rule was adopted with a clear intent concerning its scope.”
To buttress her case, Jackson looks to the history of the statute, which was enacted in response to the revelation that Arthur Andersen LLP, auditor for the disgraced energy corporation Enron, had torched potentially incriminating documents. “There is no indication whatsoever that Congress intended to create a sweeping, all-purpose obstruction statute,” Jackson concludes.
In response, Attorney General Merrick Garland said in a statement that he is “disappointed by today’s decision, which limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences.” Fortunately for him, he is still free to prosecute people for violating the laws that Congress enacted, which isn’t an unfair limitation.”
“”The U.S. spends resources training hundreds of thousands of international students every year, but only provides opportunities for a fraction of them to stay after graduation,” says Connor O’Brien, a research and policy analyst at the Economic Innovation Group (EIG), a bipartisan public policy organization. “This is an incredible gift to China and other competitors, who have their best and brightest educated in America and then forced back home by our backward immigration system.”
An EIG analysis released yesterday found that only four in 10 international graduates of U.S. universities end up staying in the country long-term, according to data from the National Survey of College Graduates. Three-quarters of Ph.D. recipients stay, while half of master’s degree recipients and just 17 percent of bachelor’s degree recipients do. Some may be leaving simply because their best employment prospects are in their home countries or elsewhere. Still, a key factor is that “a growing population of international students is competing for a fixed number of opportunities to stay,” the EIG analysis notes.
“Unless we expand skilled visa programs like the H-1B, or add more employment-based green cards, we will continue losing tens of thousands of talented graduates each year,” O’Brien argues. “There are some real downsides to guaranteeing green cards for new graduates”—it may create bad incentives for universities, for one—”but it is clear we need to get better at retention, and that requires more visas.”
A hostile immigration system means many international students never make it to the U.S. in the first place. An April report from the National Foundation for American Policy, a nonpartisan public policy organization, argued that international students increasingly see Canada as a more favorable destination. Between 2000 and 2021, international student enrollment in Canada increased by 544 percent, compared to a 45 percent increase in the United States.
Discussions about high-skilled immigration are often sidetracked in favor of unproductive arguments about the southern border—look no further than last night’s presidential debate for proof. That’s a shame. Border policy desperately needs reform and has deep humanitarian and economic implications, but attracting and retaining high-skilled foreign talent are pressing issues too.”
“The solution to the national debt lies in reevaluating and cutting back on unnecessary and wasteful programs, reforming entitlement programs such as Social Security and Medicare, and implementing a more efficient tax system that encourages economic growth.
But none of this can even begin to happen until politicians perceive a demand for it from the American people. Rising debt reduces investment and can slow economic growth, while increasing worries about inflation and the strength of the U.S. dollar. It reduces confidence in the social safety net and increases the risk of a fiscal crisis. Perhaps when these problems manifest, the voters will demand that politicians take the issue seriously. But by then, it may well be too late for the economic stability and growth we have taken for granted.”
“A multiyear experiment in this working-class city on Lake Erie’s banks holds clues to how America could get a handle on its overdose crisis — if politicians embrace the lessons.
Fatal drug overdoses in the U.S., driven by the synthetic opioid fentanyl, increased by more than half during the pandemic and remain near record levels. But in Lucas County, where Toledo is, they plummeted 20 percent between 2020 and 2022.
Researchers credit the county’s effort to bring together health department workers, treatment providers, clergy and law enforcement to look at where overdoses and deaths were happening, so they could target resources to where they were most needed. The community support, in turn, made it easier to overcome bureaucratic obstacles to getting drug users into treatment.”
“Black voters in Milwaukee. An influential bloc that can determine if the state remains blue or flips this fall, these voters have serious and lingering doubts about Biden and whether he’s delivered on his promises to them. There’s no danger that Donald Trump will carry this historically Democratic city in November. But there is a considerable risk that an anemic showing in Milwaukee could cost Biden this critical swing state — and possibly the election.
Biden’s Milwaukee problem is a distillation of the challenges facing his reelection campaign nationally: In traditionally Democratic redoubts, polls suggest alarmingly low levels of support among Black and Latino voters. In 2016, Hillary Clinton’s underperformance in Milwaukee, Philadelphia and Detroit’s Wayne County — the urban centers that power Democratic fortunes in Wisconsin, Pennsylvania and Michigan — enabled Trump’s surprise Rust Belt victories. This year, signs of a lack of enthusiasm for Biden in those places among Black voters is giving rise to fears of a repeat.
In Wisconsin, there isn’t much margin of error: The last two presidential elections here have been decided by less than 25,000 votes each. A low turnout among Black voters in Milwaukee — or a diminished winning margin for Biden — would deal a significant blow to his chances of carrying the state and its 10 electoral votes.”
“Amid mounting pressure for Supreme Court reform, Congress has before it one relatively straightforward option: enshrine Scalia’s “standing test” and legislate the basic requirements for who can sue over major issues of national importance.
Currently, the law concerning standing is governed by a series of Supreme Court cases that sort out which plaintiffs can bring cases in federal court in the first place. If it’s the wrong plaintiff, the case is thrown out. It also keeps federal judges out of the business of legislating under the pretense of legitimate litigation.
But so far, there is no general “standing” statute. The court has set its own standards for which cases it and lower courts can hear, pursuant to its reading of the Constitution. Congress should change that and set down its own marker. Although the current right-wing justices could decide to strike down standing legislation as impinging on their constitutional prerogatives, codification of standing law would send an important message that Congress is willing to impose reasonable checks and balances on the justices.
Standing comes from Article III of the Constitution, which gives federal judges the job description of deciding “cases.” The case law around standing amounts to the court’s working definition of the word “case”: At its core, it requires that plaintiffs have an injury that’s unique to them and not shared by the general population. Standing is central to the separation of powers because judges are supposed to only consider disputes between discrete parties that occurred in the past.
To grasp the distinction, imagine a case in which a city miscalculates the property tax liability owed by a homeowner for a single residence. She sues the government to get that particular financial injury redressed. Resolving that dispute is a job for the courts because it’s between two discrete parties and involves retroactive relief.
Legislatures, by contrast, make rules that are future-oriented and apply to the general population. If the homeowner wants the general property tax rate lowered, she must push legislators for action, not the courts. Standing holds judges within their constitutional lane by keeping sweeping policy disputes impacting the broader public out of courtrooms.
The Constitution does not define the word “case,” however, so the Supreme Court has had to fill in the blanks over the years by requiring, first and foremost, a concrete “injury” to make something a case. In cases between private parties, the injury is usually obvious — the defendant broke a contract or committed a tort that left the plaintiff worse off than they were before. In cases against the government, if the plaintiff is a corporation, it’s easy to show that a regulation or legislation causes harm to their business. But if a regular citizen wants the government to take action that affects the public — such as enforcing clean air standards or making mifepristone unavailable across the country — it’s harder to show an injury that’s particularized, or special, to the actual plaintiff bringing the suit.
For those cases, the court has long made clear that taxpayers cannot sue merely to vindicate their alleged “injury” in having their tax dollars misused by the government. That would allow angry taxpayers to turn the judiciary into the ultimate boss of the other two branches of government. Beyond that, what suffices as an injury can be hard to pin down, with the court adding a slew of adjectives to the test, requiring that an injury be imminent and not speculative or hypothetical, for example.
The governing standard, created by the Supreme Court over decades and refined at Scalia’s hand, requires three things: 1) that the plaintiff has an injury that is unique to them, 2) that the defendant caused it and 3) that if the court rules in their favor, that injury will be fixed. The aim is to find the equivalent of a “broken arm” — versus a generic policy gripe — that courts can remedy with an order.”
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“The fact that the court can pick and choose which cases in which to recognize standing law, and which they prefer to overlook it, cries out for congressional intervention.”