The Supreme Court’s landmark new Native American rights decision, explained

“The holding of McGirt is that this land, which has 1.8 million residents, most of whom are not Native American, is reserved land. Oklahoma must honor a treaty from nearly two centuries ago setting aside this land for Native peoples.”

“The primary impact of McGirt is that Oklahoma loses much of its power to enforce certain laws against members of Native American tribes within the borders of tribal lands. But the decision will have far less impact on non-Native Americans.”

“The fact that McGirt is a member of a tribe, and that his crime took place on a reservation, matter because of the federal Major Crimes Act (MCA). That law provides that “any Indian who commits” certain offenses “against the person or property of another Indian or any other person” is subject to “the exclusive jurisdiction of the United States” if that crime was committed “within the Indian country.”
Thus, Oklahoma lacks authority to try McGirt for raping someone on a Native American reservation. Only the federal courts may try such a crime.

On the surface, in other words, McGirt seems to involve a fairly minor issue. No one questions that McGirt may be convicted of rape. And no one questions that he can face a stiff penalty for such a conviction. The question is which court may try the case against him.”

“Congress may wipe away its treaties with Indigenous peoples at any time, and it may dissolve a Native American reservation on a whim.
But despite its many incursions on the Creek people’s tribal sovereignty, McGirt concludes that Congress has never taken the ultimate step of dissolving its original treaty with the Creek people. That means that Creek lands remain a reservation — including the place where McGirt committed his crime.

And that means that McGirt must be tried in federal court.”

Trump just commuted Roger Stone’s sentence

“Stone, a longtime Republican operative, was convicted in November 2019 for obstructing a congressional investigation, lying to Congress, and witness tampering in a trial that stemmed from special counsel Robert Mueller’s investigation into Russian interference in the 2016 election. On February 20, Stone was sentenced to 40 months in prison.

Trump’s commutation landed just days before Stone was expected to report to prison on July 14.

The commutation stops short of a full pardon. The conviction will remain on Stone’s record — for now, at least. But the Trump ally won’t have to serve his approximately three-year prison term.”

How California went from a coronavirus success story to a worrying new hot spot

“much of California let its guard down. While the state, and the Bay Area in particular, was among the first in the US to embrace a shelter-at-home order, parts of California have since relaxed or outright halted those measures, letting the coronavirus creep in bit by bit. Meanwhile, precautions against Covid-19 have been inconsistently adopted by the public and businesses — especially as some of the recommended practices, such as wearing a mask, have become politicized.

At the same time, the state has seen major outbreaks in nursing homes, in prisons, and among migrant workers — many of whom are deemed “essential” and are therefore forced to work — that have driven up coronavirus cases further, simultaneously planting seeds for broader community outbreaks.”

My patient caught Covid-19 twice. So long to herd immunity hopes?

““Wait. I can catch Covid twice?” my 50-year-old patient asked in disbelief. It was the beginning of July, and he had just tested positive for SARS-CoV-2, the virus that causes Covid-19, for a second time — three months after a previous infection.

While there’s still much we don’t understand about immunity to this new illness, a small but growing number of cases like his suggest the answer is yes.

Covid-19 may also be much worse the second time around. During his first infection, my patient experienced a mild cough and sore throat. His second infection, in contrast, was marked by a high fever, shortness of breath, and hypoxia, resulting in multiple trips to the hospital.

Recent reports and conversations with physician colleagues suggest my patient is not alone. Two patients in New Jersey, for instance, appear to have contracted Covid-19 a second time almost two months after fully recovering from their first infection. Daniel Griffin, a physician and researcher at Columbia University in New York, recently described a case of presumed reinfection on the This Week in Virology podcast.

It is possible, but unlikely, that my patient had a single infection that lasted three months. Some Covid-19 patients (now dubbed “long haulers”) do appear to suffer persistent infections and symptoms.

My patient, however, cleared his infection — he had two negative PCR tests after his first infection — and felt healthy for nearly six weeks.”

“repeat infections in a short period are a feature of many viruses, including other coronaviruses. So if some Covid-19 patients are getting reinfected after a second exposure, it would not be particularly unusual.”

“Herd immunity depends on the theory that our immune systems, once exposed to a pathogen, will collectively protect us as a community from reinfection and further spread.”

“Experts generally consider natural herd immunity a worst-case-scenario backup plan. It requires mass infection (and, in the case of Covid-19, massive loss of life because of the disease’s fatality rate) before protection takes hold.”

The PPP worked how it was supposed to. That’s the problem.

“The controversy surrounding the PPP, which supports businesses with 500 employees or fewer, has a lot to do with a disconnect between the program’s design and how Americans think about business. The real goal of the PPP was to keep American workers on payroll, not to simply keep small businesses going. And so the majority of the money was disbursed to businesses with more employees, rather than to tiny ones with small staffs. That’s why a program widely perceived as being meant to boost the United States’ most vulnerable small businesses ended up prioritizing businesses that aren’t actually that small.”

Leading Homeland Security Under a President Who Embraces ‘Hate-Filled’ Talk

“She said that as Hurricane Maria approached Puerto Rico and Duke argued for an emergency declaration before its landfall, Mick Mulvaney, then the president’s budget director, resisted.

“Quit being so emotional, Elaine, it’s not about the people; it’s about the money,” she said Mulvaney told her. Asked about the comment, Mulvaney said Friday: “I never made such a remark. My experience with the acting director was that she rarely got anything right at DHS. At least she’s consistent.””

Why it’s so damn hot in the Arctic right now

“A heat wave begins with high atmospheric pressure building up over an area. A downward-moving air column compresses the air that’s closer to the ground, holding it still and heating it up. That high pressure also forces clouds away and around the column, creating an unobstructed line of light between the ground and the sun.

Over a period of days and weeks, the ground absorbs sunlight, and with stagnant air, heat accumulates and temperatures rise. “There’s nothing coming in and nothing going out,” explained Walt Meier, a senior research scientist at the National Snow and Ice Data Center at the University of Colorado Boulder. “It’s kind of like an oven basically.”

That’s the general formula for heat waves around the world. But there are also several unique ingredients contributing to the Arctic one.

In northern latitudes during the summer, there is near-continuous sunlight — even at night. That allows heat to accumulate faster than in areas that experience sunsets and can cool off in the evening.

Another factor this year was the lack of snow. With an unusually warm winter, less snow built up across parts of the Arctic, and with a warm spring, much of it melted away sooner than usual. “The snow is very reflective of the sunlight,” said Meier. “This year, the snow went away earlier, so then you have the bare ground that can absorb more solar energy.”

The warmer ground also dries out in the heat. With less moisture, there is less evaporation that can cool the surrounding air. “The drier ground and the air over the top of it makes it more susceptible to rapid warming when you have the right conditions like we’re seeing now,” Meier said.”

“One of the overarching trends behind the heat wave and the wildfires is climate change. Earth as a whole is warming up due to human emissions of greenhouse gases like carbon dioxide. But every place isn’t warming up at the same rate; the Arctic is warming at double the rate of the rest of the planet, which is why some of the earliest effects of climate change are felt in the region. The north pole also presents a window into the future for the rest of the world.

Those higher average temperatures mean extreme heat will become even more likely and more intense, exacerbating threats like forest fires as vegetation dries out. “The wildfires definitely come from the extreme heat and the dryness,” Meier said.

The loss of these ancient, slow-growing forests will release carbon dioxide into the atmosphere that will take decades to reabsorb, further warming the planet. Warming in the Arctic is also thawing permafrost, which releases even more carbon into the atmosphere.

And while it’s summer in the Arctic right now, the region has also experienced heat waves in the winter. In fact, researchers have found that in general, winters are warming faster than summers. That’s part of the reason why the Arctic is now losing sea ice at its fastest rate in 1,500 years.”

“Antarctica is also warming up. Earlier this year, the continent broke two high-temperature records within a week.”

Trump’s racist references to the coronavirus are his latest effort to stoke xenophobia

“In a rally in Tulsa, Oklahoma, this past weekend, President Donald Trump used the term “kung flu” to describe the coronavirus, one of several racist statements he made during a wide-ranging speech that touched on his administration’s handling of the pandemic.

“By the way, it’s a disease, without question, [that] has more names than any disease in history,” Trump said at the time. “I can name kung flu, I can name 19 different versions of names.”

Since then, Trump’s press secretary Kayleigh McEnany has gone on to defend his use of the term. And Senate Majority Leader Mitch McConnell has been noncommittal: When asked how he and his wife, Transportation Secretary Elaine Chao, felt about Trump’s remarks, McConnell declined to say whether he was comfortable with the president’s rhetoric, instead suggesting that the question should be directed to Chao, who immigrated from Taiwan to the US as a child.

McEnany’s defense of Trump is the same flimsy one he’s been using ever since he began calling the coronavirus the “Chinese virus:” She argued that such names simply associate the illness with its “place of origin,” an effort that even if conducted in good faith goes against World Health Organization guidelines that warn against promoting labels that could stigmatize an entire region.

“The president does not believe it’s offensive to note that the virus came from China,” McEnany said during a briefing on Monday.”

“Trump’s decision to lean into racist rhetoric — including terminology his own adviser, Kellyanne Conway, has condemned in the past — comes as Asian Americans continue to report hate incidents such as verbal abuse, physical assault, and property damage during the pandemic. As the coronavirus spread around the world, tropes that treat Asians as perpetual foreigners have also resurfaced, fueling racist and hostile anti-Asian sentiment.

Stop AAPI Hate, an organization that’s been tracking self-reported hostile anti-Asian incidents since late March, says it’s received more than 2,100 reports since the project began. Such incidents have included instances of employees getting shunned in the workplace, families being spat on at fast food restaurants, and children getting beaten up by their classmates. The group says it saw a surge in reports after Trump began using rhetoric like the “Chinese virus” and noted that many “anti-China” comments were frequently associated with verbal and physical assaults.

“A White male walked by me and said, ‘you f—king Chinese spread the Coronavirus to this country, you should all leave this country!’” one incident report read.

“A woman sitting at a bus stop was screaming at myself and other Asians that she saw walking,” read another. “She said that we were ‘dirty Chinese,’ that we were trying to take over the US.”

Researchers, too, emphasize that Trump’s rhetoric has mattered in the past: An NBC News report by Kimmy Yam points to a February study, which determined that Trump’s racist comments against Latino Americans “emboldened” others who held similar views to express them.

Trump’s continued use of racist statements about the coronavirus — ultimately trying to deflect blame by pointing out it is foreign-born — comes as he struggles to deal with the fallout of his own handling of the pandemic: Most recently he came under fire for saying he intends to slow down coronavirus testing because doing so would reveal the presence of fewer cases.

“President Trump continues to utilize white supremacist and nationalist views as a means of scapegoating his failures for political gain,” said Manjusha Kulkarni, executive director of the Asian Pacific Policy and Planning Council, in a statement. “Unless we hold him accountable, the discrimination and harassment against Asian Americans will become deeply entrenched, cause unimaginable harm and suffering, and take decades to unwind.””