“In less than four years as president, President Trump has done nearly as much to shape the courts as President Obama did in eight years.
Trump hasn’t simply given lots of lifetime appointments to lots of lawyers. He’s filled the bench with some of the smartest, and most ideologically reliable, men and women to be found in the conservative movement. Long after Trump leaves office, these judges will shape American law — pushing it further and further to the right even if the voters soundly reject Trumpism in 2020.”
…
“Both Obama and Trump appointed two justices to the Supreme Court, but Trump’s impact on the highest Court far exceeds Obama’s, because Trump replaced the relatively moderate conservative Justice Anthony Kennedy with the hard-line conservative Brett Kavanaugh (after appointing conservative Neil Gorsuch to fill Antonin Scalia’s vacant seat). Obama’s appointees — Sonia Sotomayor and Elena Kagan — largely maintained the balance of power on a conservative Court, while Trump has shoved that Court even further to the right.
And that’s not counting Trump Supreme Court nominee Amy Coney Barrett, who is likely to be confirmed soon.
On the courts of appeal, the final word in the overwhelming majority of federal cases, more than one-quarter of active judges are Trump appointees. In less than four years, Trump has named a total of 53 judges to these courts, compared to the 55 Obama appointed during his entire presidency.
In their first terms, Obama appointed 30 appellate judges; President George W. Bush filled only 35 seats on the federal appellate bench; President Clinton, 30; President George H.W. Bush, 42; and President Reagan, 33.”
…
“Before he became president, Trump promised to delegate the judicial selection process to the Federalist Society, a powerful group of conservative lawyers that counts at least four Supreme Court justices among its members. “We’re going to have great judges, conservative, all picked by the Federalist Society,” Trump told a radio show hosted by the right-wing site Breitbart while he was still a candidate.
The Federalist Society spent decades preparing for this moment, and they’ve helped Trump identify many of the most talented conservative stalwarts in the entire legal profession to place on the bench.”
…
” “The average age of circuit judges appointed by President Trump is less than 50 years old,” the Trump White House bragged in early November, “a full 10 years younger than the average age of President Obama’s circuit nominees.”
Trump’s nominees will serve for years or even decades after being appointed. Even if Democrats crush the 2020 elections and win majorities in both houses of Congress, these judges will have broad authority to sabotage the new president’s agenda.
There is simply no recent precedent for one president having such a transformative impact on the courts.”
…
“Broadly speaking, there are two reasons Trump has had such an outsize influence on the federal courts.
The first reason is the effective blockade Senate Majority Leader Mitch McConnell imposed on appellate court confirmations the moment Republicans took over the Senate. McConnell’s effort to block Supreme Court nominee Merrick Garland is well-known. Less well-known are the many lower court nominees who received similar treatment. Under Trump, McConnell has turned the Senate into a machine that churns out judicial confirmations and does little else — he’s ignored literally hundreds of bills passed by the House. Under Obama, by contrast, McConnell’s Senate was the place where judicial nominations went to die.
The numbers here speak for themselves. In the final two years of the Obama presidency, when Republicans controlled the Senate, Obama successfully appointed only two federal appellate judges — and one of those judges, Kara Farnandez Stoll, was confirmed to a highly specialized court that primarily deals with patent law.
By contrast, 10 such judges were confirmed during the same period in the George W. Bush presidency, a period when Democrats controlled the Senate.
The second reason for Trump’s outsize impact on the judiciary is that when Democrats last controlled the Senate, one especially important Democrat — Judiciary Chair Patrick Leahy (VT) — took an unusually expansive view of the rights of the minority party.”
…
“Leahy, who chaired the Committee for most of the Obama presidency, gave home-state senators a simply extraordinary power to block judicial nominees. Under Leahy, a single senator of either party could veto any nominee to a federal judgeship in their state”
…
“Red-state Republicans used the power Leahy gave them to hold many judicial seats open until Obama left office. Sen. Ron Johnson (R-WI) effectively held a seat on the United States Court of Appeals for the Seventh Circuit open for eight years until Trump could fill it.”
…
“The Eastland Rule also weakened Obama’s hand in negotiations with Senate Republicans, and sometimes forced him to name relatively conservative judges in order to placate senators who could veto judicial nominees.”
…
“While Trump has been very successful at filling the bench with brilliant Republican partisans, a Democratic president is unlikely to enjoy similar success.
A badly malapportioned Senate means that to get even a bare majority in the Senate, Democrats have to win commanding popular vote majorities — and if Democrats don’t control the Senate, Democratic nominees could face the Merrick Garland treatment. Just look at the last two years of the Obama presidency if you want to know how a Republican Senate is likely to treat Democratic judicial nominees.”
“wealthier people and those with white-collar jobs are doing fairly well during this — their jobs are sticking around, they’re cutting some spending, and life is generally fine. Stockholders’ wealth is even going up.
But for less well-off Americans and people who have lost their jobs, it’s different. The stock market isn’t helping them, and for those who are unemployed, expanded unemployment benefits dried up at the end of July. With Congress not in a particular hurry to provide fiscal support, that means a drag on the economy.”
“During a rally in Duluth, Trump accused Democratic nominee Joe Biden of having a plan “to inundate your state with a historic flood of refugees,” prompting his fans to boo. He then turned his ire on one of his frequent targets of abuse: Rep. Ilhan Omar, a Somali refugee who now represents Minneapolis in Congress.
“And what about Omar? Where she gets caught [ballot] harvesting. What the hell is going on? I hope your US attorney is involved,” Trump continued, referring to a newly released Project Veritas video that alleges (without any evidence) that Omar is involved in election fraud; the video has been dismissed as a “coordinated disinformation campaign” by researchers.
As “lock her up!” chants rang out, Trump added, “I mean, frankly, harvesting’s terrible, but it’s the least of the things that she has done. How the hell — then she tells us how to run our country. Can you believe it? What the hell is wrong with you people? What the hell happened?”
Before his rant was through, Trump suggested that another Congress member of color — Rep. Alexandria Ocasio-Cortez (D-NY) — should also be imprisoned for no reason in particular.
“[Omar’s] been crooked for a long time. This is the least of it. It’s time, and you know what, AOC also. It’s time. It’s time. If you take a look at what they — the corruption. The disgusting corruption,” he said. “Biden will turn Minnesota into a refugee camp.”
Wednesday’s rally marked the second time in less than a month that Trump viciously attacked Omar in particular and the Somali community in general during a speech in Minnesota. On September 26 in Bemidji, Trump alluded to Somalis and asked his fans, sarcastically, “Are you having a good time with your refugees?”
Toward the end of that speech, Trump turned the white supremacy up to 11, telling his almost entirely white audience, “You have good genes, you know that, right? You have good genes. A lot of it is about the genes, isn’t it, don’t you believe? The racehorse theory. You think we’re so different? You have good genes in Minnesota.”
Over a 24-hour period before Trump’s speech in Duluth, his campaign spent more than $10,000 on Facebook ads demonizing refugees. Those ads were ultimately taken down by Facebook for violating the company’s advertising policies.”
“The 400-plus page report, written by the majority staff of the Democratic members of the House Judiciary Subcommittee on Antitrust, is the result of a 16-month investigation into whether these corporate giants abuse their power, and whether the country’s antitrust laws need to be reworked to rein them in. The report released Tuesday cites numerous examples of each tech titan engaging in acts that the lawmakers believe have hurt innovation and impede competition. While the anti-competitive behaviors cited vary from company to company, they are all linked by the allegation that the four giants abuse their gatekeeper status in various internet industries to secure and grow their market power in those sectors and others.”
“because chickens and pigs (and cows and lambs and turkeys … ) are living things whose shapes and sizes vary, cutting and pulling breast meat from chickens, for example, can’t be done with machines or robots. It has to be done by human beings, and to achieve the output that slaughterhouses and meatpacking plants want, it has to be done quickly.
The plants’ practice of placing workers shoulder to shoulder, while doing exhausting work that leads to heavy breathing, has made them epicenters for the coronavirus outbreak this year. The Trump administration has tried to keep the mostly low-income workers in these plants working all the same out of fear of a “meat shortage,” putting the workers at considerable risk.
That’s hardly the only risk, however, that workers in these plants face. According to the Bureau of Labor Statistics, workers in animal slaughter and production face higher rates of injury than coal miners or construction workers. Poultry processing in particular is the leading occupational cause of finger amputations in the US.”
“Though hydraulic fracturing as a technique has been around since the 19th century and the first commercial fracking for gas took place in the 1940s, the most recent fracking boom started in earnest around 2005. That’s when the rising prices of oil and gas forced energy companies to look for other sources, when related techniques like horizontal drilling and low-cost slickwater fracking matured, and new estimates revealed the gargantuan amounts of gas stored in formations like Marcellus Shale.
Fracking has now become the dominant technique for extracting oil and gas in the US.”
…
“During much of the fracking boom, the US economy grew and emissions declined. One study found that between 2005 and 2012, fracking created 725,000 jobs in the industry, not counting related supporting jobs. “This has been one of the most dynamic parts of the U.S. economy — you’re talking about millions of jobs,” Daniel Yergin, vice chairman of IHS Markit and founder of IHS Cambridge Energy Research Associates, told CNBC.
That’s largely due to natural gas from fracking displacing coal in electricity production. Natural gas emits about half of the greenhouse gas emissions of coal per unit of energy. It doesn’t have the massive land footprint that open pit mines or mountaintop removal coal mines do. While it has its own pollution problems, burning natural gas doesn’t produce pollutants like ash and mercury, which can pose health and environmental hazards for years.”
…
“Natural gas’s flexibility has also eased the integration of variable renewable energy sources like wind and solar power. When the breezes slow down and clouds form above, natural gas steps in. This has reduced the need for other ways to compensate for intermittency, like energy storage.”
…
“fracking has helped insulate the US from global economic shocks, particularly in oil markets. US shale oil has provided more than half the growth in global oil supplies, so rising tensions and disruptions in countries like Iran, Libya, and Venezuela have barely moved the needle at the gas pump.”
…
“natural gas obtained by fracking has reduced emissions, aided the economy, and helped clean energy rise, while costing less than dirtier fuels.”
…
“while low natural gas prices have helped knock dirty coal off the market, low oil prices driven in part by fracking have encouraged more travel. In fact, transportation is now the largest source of greenhouse gases in the US. And after years of decline, US emissions in 2018 rose by 3.4 percent.
Low oil prices have undermined the business case for cleaner transportation alternatives, like electric cars and fuel cell-powered buses. Instead, the United States has experienced a growing appetite for larger, thirstier cars and more air travel.
Meanwhile, low natural gas prices have had some collateral damage for nuclear power, the largest source of clean electricity in the US. Some of the nuclear power plants that have announced early retirements are likely to see their capacity replaced by natural gas. So while replacing coal with natural gas often leads to a reduction in emissions, replacing nuclear energy leads to an increase.
Natural gas itself can also become a climate problem. Methane, the dominant component of natural gas, produces less carbon dioxide than coal when burned. But if methane leaks, which it often does in some quantity during normal gas extraction operations, it becomes a potent greenhouse gas. Over 100 years, a quantity of methane traps more than 25 times the amount of heat compared to a similar amount of carbon dioxide.”
…
“then there’s the technique of fracking itself. It requires a massive volume of water. Wells can release toxic chemicals like benzene into the air. Fracking sites can experience explosions and fires. They can contaminate drinking water. More than 17 million people in the US live within a mile of an active fracking well, and research shows that fracking can lead to low birth weight in infants born in that radius.
Many of these environmental risks, on balance, are less than those associated with mining and burning coal. However, the sudden surge in fracking means many people are being confronted with its impacts for the first time, making it a more vivid political concern. That’s in contrast to coal hazards, which are mostly familiar to the public consciousness.”
…
“when it comes to limiting climate change, a key factor is time. Methane leaked from gas wells can stay in the atmosphere for a decade. Carbon dioxide from burning it can linger for a century. So it is imperative to ramp down greenhouse gas emissions as quickly as possible. Yet every new natural gas power plant represents a decades-long commitment to continue using the fuel. That means gas plants will have to install carbon capture systems, which would add to their operating costs and worsen the business case further, or some poor investor is going to be left holding the bag.”
“the biggest payoff for Operation Warp Speed could be the rapid deployment of a vaccine once one is approved. The upfront investment for drug companies to produce vaccine doses without knowing whether they will ever be used is the kind of thing the federal government is best positioned to do. Risk-averse pharmaceutical companies wouldn’t ordinarily spend hundreds of millions of dollars in that way otherwise.
“We want to make it worthwhile for these companies to do that under these conditions of uncertainty,” Sachs said.
Warp Speed has become in effect a military operation, with a STAT report on its organizational structure revealing that the military personnel working on the project actually outnumber the civilians. The military has flown equipment and raw materials around the world to manufacturing centers, and it will likely play a central role in vaccine distribution. Even Joe Biden has compared that process to a large-scale military operation.”
…
“Not only have Trump’s public comments and this lack of coordination hindered the project, but the administration’s singular focus on Warp Speed has arguably led to other parts of the US pandemic response being undermined.
As Bloomberg reported in late September, the Trump administration has redirected about $6 billion in federal funding meant for the National Strategic Stockpile to Operation Warp Speed, even though protective equipment shortages persist. And about $1 billion in CDC funding, which otherwise would have been sent to state and local health agencies, was also steered to the project, according to Bloomberg.”
“Trump administration officials have repeatedly denied that they pursued a policy of intentionally separating immigrant families arriving at the southern border in 2018 — depicting the separation of parents from their children as a side effect of a “zero tolerance” policy of prosecuting all border crossers.
A new draft report from a government watchdog obtained by the New York Times shows they were lying.
“We need to take away children,” then-Attorney General Jeff Sessions reportedly told five US attorneys on the border during a meeting in May 2018 (to the lawyers’ alarm), adding that if parents care about their children, they shouldn’t bring them to the US in order to seek “amnesty.””
…
“While former Homeland Security Secretary Kirstjen Nielsen has largely taken the blame for the policy publicly, it turns out that Sessions and his deputy Rod Rosenstein were much more directly involved in pushing for family separations than previously known.”
…
“Rosenstein also emphasized the policy, telling the US attorneys that no children were too young to be separated from their parents. One of the prosecutors, John Bash, decided not to prosecute two cases involving families in which the children were just babies, and Rosenstein told him he should have gone ahead.
Bash later told his staff that the cases should not have been declined: “Per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child,” he said.”
…
” for the duration of the zero-tolerance policy, prosecutors actually had a harder time enforcing the law in serious felony cases because they were overwhelmed in trying to prosecute every person who crossed the border without authorization. According to the report, a Texas prosecutor informed the DOJ in 2018 that “sex offenders” were consequently freed from custody. The US Marshals Service was also unprepared for the implementation of the zero-tolerance policy, meaning that it had to divert resources from serving warrants in other cases, the report said.”
…
“Senior Trump administration officials, including Nielsen, have repeatedly denied that they pursued a policy of family separation”
…
“It was later revealed that she had, in fact, signed a memo greenlighting the practice, which clearly stated that DHS could “permissibly direct the separation of parents or legal guardians and minors held in immigration detention so that the parent or legal guardian can be prosecuted.””
“Reauthorized by Congress in December 2019 with the promise that it would suddenly change its ways and focus its firepower on fighting China, this export credit agency quickly returned to its tired routine of propping up its old and favorite customers, including—very prominently—Petroleos Mexicanos, or Pemex.”
…
“Ex-Im Bank approved $400 million in financing to this Mexican government-owned oil company.”
…
“Pemex is in serious financial trouble. It could very well collapse, despite its privileged position in Mexico. A pandemic-induced drop in oil prices combined with years of mismanagement have left Pemex technically insolvent. It’s already the world’s most-indebted oil company and one of the largest issuers of debt in Latin America.”
…
“Pemex has been corrupt for years. In July 2020, its former chief executive was arrested in Spain (where he had been hiding to evade a Mexican arrest warrant) and extradited. He’s now a protected witness in an expansive bribery scandal involving three of Mexico’s former presidents, four former finance ministers, two presidential challengers, two state governors and a number of legislators.”
…
“Now Ex-Im is justifying its financing to Pemex with the go-to excuse that it “would help counter financing competition from foreign export credit agencies, including from China.” This claim is dubious. In the bill to reauthorize Ex-Im last December, Congress did include what it calls the Program on China and Transformational Exports. It specified 10 sectors for the program, such as artificial intelligence, renewable energy, water treatment and sanitation. However, the list doesn’t include oil and gas. Nearly a quarter of Ex-Im’s overall exposure is in that sector, so Ex-Im’s long-standing connections to the industry—rather than a desire to counter China—are probably why the bank continues to deepen ties with Pemex.
This brings us to another question: How can some members of Congress reconcile subsidizing so many foreign oil and gas companies in light of their stated concerns about climate-related issues? Pemex’s record on that front should particularly disturb those who so loudly proclaim their environmental interests.”
…
“The overarching lesson from this mess is that Congress was unrealistic to expect Ex-Im to change its ways. The bank can assert that things will be different, or that it will now focus on fighting China, but at the end of the day, its relationship with Pemex stretches back more than 70 years—a fact about which the agency boasts in its press release.
As long as Ex-Im holds tight to its favored companies, nobody should expect major results in any so-called transformational sectors. Old dogs won’t learn new tricks.”