Opinion | The Criminal Referrals Are Not Enough

“In the end, the insurrection was just the back-up plan. That’s one critical finding by the Jan. 6 select committee to keep in mind when digesting its sweeping criminal referrals of Donald Trump.
The former president floated the idea of marching on the Capitol with a “large and wild crowd” only after his White House advisers and lawyers aggressively tried to quash a quilt of crazy schemes to use federal courts, election administrators, state legislators and ersatz presidential electors to thwart the lawful, peaceful transfer of power. It was a last-ditch resort. And the violence of Jan. 6 would have had its intended effect only if some of those legal machinations had already put enough sand in the gears of the democratic process.”

“consider the sitting politicians who coordinated with Trump’s illegal efforts to thwart the democratic process. A facile take would be that election denialists allied with Trump were roundly defeated in the midterms. But this is just not so: Incumbent Republicans who denied the truth about the election, in fact, overwhelmingly won last month, and their voters continue to have low levels of trust in the election process. And as misinformation explodes afresh on Twitter, it would be reckless to imagine that candidates’ lies about how our democracy and laws are working will somehow abate.”

“there is no durable mechanism in place to forestall or punish elected representatives who violate the public trust in this way. Specifically, there is no clear, legislated structure to bar insurrectionists from holding office as required by Section 3 of the Fourteenth Amendment.”

“consider those who participated in the fake slates of electors. The process of certification, and wide array of state officials and private citizens involved in it, remains vulnerable to wrongdoing at multiple points. The committee’s referral to DOJ on making false statements rightly homes in upon the fake presidential elector slates. Such prosecutions may well have real deterrence effects. This is important because so far, state prosecutors in six out of seven states are failing to investigate or bring charges after false slates were assembled, voted upon and transmitted to the U.S. Archivist.”

“the Jan. 6 committee has plausibly broken through to the broader public. It would be a profound shame if the committee’s vital work was misunderstood as a howl for revenge, rather than the more profound call for democratic renewal that it truly is.”

See the Surveillance State at Work in Your Own Community

“The Atlas is searchable, mappable, and allows you to select or deselect specific types of surveillance such as license-plate readers, doorbell-camera networks, and facial recognition. That’s handy for determining the pervasiveness of the surveillance state where you live, and for planning journeys—although good luck picking entirely anonymous routes.”

Poll: Republican Voters Were Mad About Inflation, Not Trans People

“Inflation, abortion, the economy, and crime were the top issues for voters overall, the poll notes. Voters who saw inflation as the sole election issue broke for Republicans. Voters who also cared about abortion and jobs as top issues (but still cared about inflation) broke for Democrats.
The big lesson for Republican candidates comes further down the results when they asked people who voted Republican what their reasons were behind the vote. The very top reason people voted for Republicans was to “reduce government spending and get inflation under control.” Forty-nine percent of the people who voted Republican in the survey tagged this as their reason. It was followed by crime fears, immigration fears tied to the flow of drugs (even though it’s almost never immigrants who are responsible for drug trafficking at the border), and bolstering domestic energy production and getting gas prices down.

All the way at the bottom of the list was culture war agitation. Only 21 percent said they voted for Republicans to “combat cancel culture and protect freedom of speech.” Only 20 percent said they voted for Republicans to “keep transgender athletes out of girls’ sports teams and stop the promotion of transgender surgeries on our children.” Parents’ rights and getting “political agendas” out of classrooms fared a little better but still drove less than a third of Republican votes.”

Oregon’s Newly Legal Magic Mushroom Industry Could Be Strangled by Restrictive Zoning Regulations

“The initiative that legalized magic mushroom businesses allows cities and counties to ban them via ballot initiative. Local governments also retain the power to craft “time, place, and manner” regulations over psilocybin businesses.
This past election, 25 of Oregon’s 36 counties voted to ban psilocybin businesses, including four that voted to legalize psilocybin in 2020. Only two counties that put the questions to voters, Deschutes and Jackson counties, kept these businesses legal.

And this week, those two counties will consider new land use regulations that could severely restrict where newly legal “psilocybin service centers” can set up shop.”

“When marijuana was legalized in Oregon, it went through a similar journey. Voters approved a relatively liberal legalization ballot initiative. The legislature followed this up with more constricting regulations. Then a long list of local governments opted not to allow marijuana businesses. Those that did often imposed zoning regulations that made a lot of prime real estate off-limits to the new industry.

Given that history, it’s perhaps unsurprising that local governments would want to tightly regulate legalized psychedelics facilities—given how novel and new they are.

Subjecting new industries to heavy regulation is nevertheless a great way to strangle them in the crib. A business as weird as legalized shrooms requires a lot of experimentation. And we shouldn’t trust county commissions to design the perfect trip.”

Alabama’s Governor Calls for a Moratorium on Executions in the State

“Alabama Governor Kay Ivey (R) announced that she was seeking a moratorium on executions in the state, following the third botched lethal injection execution in recent months. While Ivey is still a stringent supporter of the state’s death penalty, this pause in executions will likely continue until an internal investigation into the state’s practices is concluded.”

Cities Switch From Requiring Too Many Parking Spaces To Banning Too Many Parking Spaces

“This is part of a trend.
Across the country, jurisdictions are waking up to the high costs of mandated parking. But the reforms they enact often pair an elimination of costly parking minimums with counterproductive parking maximums.”

“imposing parking maximums comes with its own costs.

At best, they’ll force developers to make some special showing to city officials that their buildings will require more spaces than what the parking maximum allows in order to obtain a variance. The costs and delays of that process will be paid by consumers too.

Worse still, parking maximums could prevent builders from adding parking spaces they think are necessary.

The problem with parking minimums isn’t per se that they made buildings more expensive; it’s that they added expenses people don’t think are worth paying.

If people are willing to pay for additional parking spaces but are prevented from having them, that will reduce the utility of a new development. Residents of a new apartment might have to compete for too few parking spaces. Business owners could lose customers for lack of available parking.

Multiply those results across a whole city, and overall economic efficiency suffers.”

California’s COVID-19 ‘Misinformation’ Law Chills Constitutionally Protected Speech

“A.B. 2098, which threatens to punish physicians for sharing COVID-19 “misinformation” with their patients. The law, which is scheduled to take effect on January 1, defines “misinformation” as advice “contradicted by contemporary scientific consensus”—an open invitation to suppression of constitutionally protected speech.”

” The new law..makes physicians subject to discipline for sharing their honest opinions regarding COVID-19 if the medical board thinks they deviate from the “scientific consensus,” a term the law does not define. That nebulous standard poses a due process problem, since the law does not give doctors fair notice of which conduct it reaches. It also poses a free speech problem, since it encourages self-censorship.”

“While some unconventional opinions may amount to quackery, others may ultimately be vindicated. Over the course of the COVID-19 pandemic, the conventional wisdom on subjects such as intubation of patients, the utility of cloth face masks, isolation periods, and the effectiveness of vaccines in preventing virus transmission has shifted repeatedly in response to emerging evidence.
In addition to violating doctors’ freedom of speech, A.B. 2098 undermines that discovery process. It tells skeptical physicians to keep their mouths shut, lest they endanger their licenses and livelihoods by candidly sharing their opinions.”