The filibuster’s racist history, explained

“While the filibuster’s origins in the early American republic have little to do with race, the practice has changed substantially over time. And the modern version, created in 1917, really does have a racist history.
“You start to see civil rights bills pass the House in the 1920s, and it was consistently used to block them,””

““If there was any ambiguity in the antebellum era, it certainly shed that during the Jim Crow era — where it was widely taken for granted that the filibuster was directly tied to [blocking] civil rights.””

“One of the most fundamental justifications for the filibuster offered by McConnell and conservative thinkers is that the practice protects minority rights, preventing the Senate majority from running roughshod over its political opponents.

The Jim Crow history of the filibuster shows that this defense relies on a philosophically impoverished notion of what “minority rights” means. It misunderstands what kinds of minorities need protecting in a democracy, and from whom.”

“the filibuster allows people who already have power to prevent changes to the political system. On civil rights issues, this effect almost always tends to redound to the benefit of people who want to preserve the racial status quo. There’s a reason why late 20th century liberals and groups like the NAACP repeatedly called for filibuster reform or abolition: They knew it would always stand in the way of fundamental system reforms.

“It is not a coincidence that the tool that blocks civil rights continues to be the tool that blocks progressive change today,” Jentleson says. “Even after the civil rights era, as the filibuster started to be used by both parties, it still consistently favored the party of established corporate power and the entrenched status quo.”

Right now, state-level Republicans are pursuing a series of bills disproportionately likely to disenfranchise nonwhite voters, an effort that the Brennan Center’s president Michael Waldman calls “the most significant attempted cutback of voting rights since the Jim Crow era.” Senate Republicans are protecting this offensive, blocking federal legislation like HR 1 and the John Lewis Voting Rights Act that could militate fair elections at the state level.

One could imagine all 50 Democrats voting for some version of these bills. So long as the filibuster remains intact, state-level Republicans are free to infringe on the rights of actually vulnerable minorities to their heart’s content.

This is the modern filibuster working as it always has.”

Voters back Joe Biden’s gun control plan. It’s not clear if the evidence does.

“The fundamental reality about the US gun problem is that it’s a function of how many guns Americans have. Heavily reducing that stockpile may be the only way to significantly reduce America’s out of control gun deaths”

“”Gun control policies that don’t confront the core issue — that America simply has too many guns — are doomed to merely nibble around the edges. Everywhere in the world, people get into arguments. Every country has residents who are dangerous to themselves or others because of mental illness. Every country has bigots and extremists. But here, it’s uniquely easy for a person to obtain a gun, letting otherwise tense but nonlethal conflicts escalate into deadly violence.””

“Roughly 39,000 Americans die from guns every year. Mass shootings draw attention to this problem, but everyday suicides and violent confrontations that unnecessarily escalate to homicide due to the easy availability of guns are the norm in the United States. If policymakers are serious about changing this, dramatically reducing the number of guns is the path forward.”

The Supreme Court just made it harder for cops to shoot people with impunity

“Imagine, for example, that a police officer randomly opens fire on two innocent bystanders, with no justification whatsoever for doing so. One of those bystanders is struck in the arm and successfully flees; the other is struck in the leg and thus is unable to escape the officer.

Under Roberts’s rule, both of these bystanders could bring a Fourth Amendment suit against the officer. But under Gorsuch’s rule, only the person struck in the leg could do so. Whatever the framers intended to accomplish when they drafted the Fourth Amendment, it’s hard to imagine that they wanted to write such an arbitrary distinction into the Constitution.”

“practical effect of Torres…means that officers who use excessive force can be subject to Fourth Amendment suits, even if the plaintiff in that suit successfully escaped the officer.”

Critical Race Theory Would Not Solve Racial Inequality: It Would Deepen It

“as former Congressional Budget Office Director June O’Neill and Dave M. O’Neill have shown, this supposed “pay gap” disappears when one factors in the background variables of age, education, math and verbal skills, and work history. In fact, when controlling for these variables, black men earn 99.9 percent of the wages of white men, and when the same calculation is applied to women, black women actually earn 7 percent more per hour than white women with the same education and math and verbal skills. In short order, the pay gap disappears.

By the same logic, although there is a significant poverty gap between white and black children in the United States, this disparity vanishes when one controls for the key background variables of family structure, educational attainment, and workforce participation. As Heritage Foundation scholar Robert Rector has demonstrated, when these background factors are held constant, “race alone does not directly increase or decrease the probability that a child will be poor.” Contrary to the logic of the critical race theorists, the key determinant of child poverty is not race, but a cluster of human and social variables that affect Americans of all racial demographics with remarkably equal force.

Unfortunately, critical race theory does not offer a policy platform for strengthening these key background variables; in fact, it is in many cases directly hostile to them.”

The Supreme Court’s coming war with Joe Biden, explained

“On February 9, 2016 — the last Tuesday of Scalia’s life — the Supreme Court handed down an unexpected order announcing a stay of the Environmental Protection Agency’s carbon emissions rules for many power plants. The vote was 5-4, along party lines, with Scalia joining his fellow conservatives in the majority.

The environmental regulations blocked by this order were commonly known as the Clean Power Plan, and they were the Obama administration’s most ambitious effort to fight climate change. Had the Clean Power Plan taken effect, the EPA predicted that by 2030 it would have reduced overall carbon dioxide emissions from utility power plants 32 percent from where they were in 2005.

But the Clean Power Plan never took effect. Though the Supreme Court’s order halting the plan was temporary, Donald Trump’s 2016 victory all but ensured that it would not be revived. Even if the Trump administration hadn’t replaced this Obama-era policy with a significantly weaker rule, the appointment of Neil Gorsuch to fill Scalia’s vacant seat signaled the Supreme Court would be highly likely to strike down the Clean Power Plan permanently if given the chance.

The problem for Democrats is that the legal defeat of the Clean Power Plan is likely not a one-off. This fight over the federal government’s power to address a slow-moving catastrophe is just one battle in a multi-front war over federal agencies’ power to regulate. As Stephen Bannon, then the White House’s chief strategist, told the Conservative Political Action Conference a month after Trump took office, one of the Trump administration’s primary goals would be “deconstruction of the administrative state.””

“It wasn’t always this way. In the late 1980s, Justice Scalia was one of the Court’s staunchest defenders of a strong administrative state. Presidents Ronald Reagan and George H.W. Bush delivered three landslide victories in a row to Republicans, and the GOP was at the apex of its ability to gain power the old-fashioned way — by winning elections.
So conservatives benefited from court decisions that gave the Reagan and Bush administrations broad leeway to set federal policy. Both administrations could use this leeway to deregulate.

But the right’s approach to federal agencies shifted drastically during the Obama administration. With the GOP’s grip on the presidency waning at the very same time that they had a firm hold on the judiciary, conservatives had an obvious interest in increasing the judiciary’s power to strike down new rules pushed by federal agencies.”

“Congress is a slow-moving body, and federal laws are difficult to amend. If, in the 1970s, Congress had commanded power plants to use the best emissions reduction technology that existed at the time, it could have potentially locked these plants into using obsolete tech that is vastly inferior to the technology available now. At a minimum, Congress would have struggled to stay on top of new developments and to update this law as new methods of reducing emissions were invented.

For this reason, Congress may also regulate businesses in a second way. It can pass a law that lays out a broad federal policy but leave the details of how to implement that policy up to a federal agency. Often, such delegation means giving that agency a fair amount of authority to determine how businesses operate, so long as the agency uses this authority to advance the policy goal enacted by Congress.”

“Ideally, laws like the Clean Air Act make complex lawmaking possible without having to sacrifice democratic accountability. Regulation allows our laws to be both democratic and dynamic. Such laws are democratic because the goals of federal policy — goals such as ensuring that power plants use the best emission reduction technology available — are still set by the people’s elected representatives in Congress. But they are dynamic because it allows federal rules to be updated without requiring Congress to enact a new law every time a new innovation is developed.”

“the very idea that Congress should be free to delegate power in this way has many enemies within the conservative legal movement. In a 2016 opinion, for example, then-Judge Gorsuch wrote that two foundational Supreme Court decisions preserving agencies’ ability to regulate “permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.””

“early American lawmakers — many of whom were the same people who drafted the Constitution — delegated tremendous power to executive branch officials.”

“As a practical matter, when the Supreme Court hands down a vague and open-ended legal standard like the one Gorsuch articulated in his Gundy opinion, the Court is shifting power to itself. What does it mean for a statute to be “sufficiently definite and precise” that the public can “ascertain whether Congress’s guidance has been followed”?

The answer is that the courts — and, ultimately, the Supreme Court — will decide for themselves what this vague language means. The courts will gain a broad new power to strike down federal regulations, on the grounds that they exceed Congress’s power to delegate authority.”

“If five justices get behind it, the nondelegation doctrine would give a Republican supermajority on the Supreme Court the ability to veto nearly any regulation handed down by a Democratic administration.”

The massive Republican push to ban trans athletes, explained

“It’s perhaps the harshest in a wave of state-level anti-trans legislation aimed at barring trans girls and women from playing girls’ and women’s scholastic sports. About 30 states have introduced anti-trans athlete bills this year, and two of those became law this month: Mississippi and Arkansas. Tennessee’s ban, meanwhile, is awaiting the governor’s signature. Idaho passed a similar law last year, which was later enjoined by a federal court.”

“science has found that trans girls who hormonally transition at younger ages do not necessarily have a “biological advantage” athletically. And none of it justifies banning middle school trans girls from the local girls’ soccer team.”

“An Associated Press investigation into these athletic bans found that most lawmakers supporting such bills cannot name a single trans athlete competing in their state. A New York Times report indicated that out of about 200,000 women taking part in NCAA women’s sports at a given time, about 50 are transgender.”

“Advocates say that laws that exclude and punish trans kids — and messaging that classifies young trans girls as “biological boys” — is scare-mongering and unfair, and only seeks to reinforce ugly stereotypes about trans girls and women to an uninformed public. It’s another attack on trans kids that potentially threatens not just their school life but also their relationship with their parents — which, advocates say, is ultimately the goal for anti-trans conservatives: forcing trans kids back into the closet.”

“Children frequently play coed sports until puberty begins, and only then does there begin to be a separation in athletic performance between boys and girls. The existence of girls like Walker, however, further complicates matters. She largely avoided male puberty to begin with, thanks to her middle school puberty blockers and hormonal transition. Taking a look at her slight physique would render absurd the idea that she’s some genetically giant super-athlete compared to her cis peers.”

“Even for trans women athletes, many experts agree that trans women at least lose some performance ability when they hormonally transition, even if it’s after puberty has been completed, rendering it unlikely that they would be able to keep up — or stay safe — competing against their cis male counterparts.
Estrogen is much less efficient at building and maintaining muscle than testosterone, and early research indicates that trans women lose significant strength through their transition-related hormone replacement therapy regimen. So for trans women athletes, that means they need to take longer to recover between workouts than they did before transition, causing muscle loss.

While some studies have suggested that trans women do retain at least some of their previous pure strength advantage even after a year on estrogen, with further drops past the one-year mark, how this exactly translates to more complicated athletic movements beyond pure strength and endurance tests remains to be proven.”

“Part of the problem on the anti-trans side is that they’re starting from the base assumption that trans women are men, and substitute cis male physical traits when discussing whether trans women may have competitive advantages. They’ll argue that men have bigger hearts and more lung capacity, or produce more red blood cells on average than cis women, and then assume trans women’s bodies would be the same.

But initial scientific findings don’t necessarily support that, according to Loughborough University PhD student Joanna Harper, who has spent the past decade researching trans athletes. Harper noted that a trans athlete she previously studied at Arizona State University saw the ejection fraction rate of her heart drop significantly after HRT, meaning less blood was pumped with each beat. “The heart itself might be the same, but the muscles may not work as well,” she told Vox. “And if the ejection fraction goes down, who cares about the size of the heart? It’s how much blood you can pump that matters.””

“Trans women were allowed to begin competing as women in the Olympics if they’d had bottom surgery beginning in 2004. The surgery requirement was lifted in 2016 and replaced by guidelines stating that trans women must lower their testosterone levels for an entire year before eligibility. Despite the more open stance, no openly trans woman has ever qualified to compete as a woman in the Olympics.”

“Sports — and, ultimately, being part of a team — are a normal part of kids’ socialization. Studies have shown that athletic participation provides all sorts of positive effects on children, from reduced rates of depression to positive physical health outcomes. But more importantly, high school and college sports are a common space for community-building. Small towns often gather at the local high school’s athletic events and socialize and build a common identity. By excluding trans girls from these spaces, it sends a clear message to all trans kids that they don’t belong.”

A fight over housing segregation is dividing one of America’s most liberal states

“The fight is over whether Connecticut’s towns and cities need to change the rules that dictate what types of homes can be built and where. Currently, it is illegal to build anything other than single-family homes in the majority of the state — over 90 percent of zoned land is set aside for single-family housing.

These homes are necessarily more expensive than other types of homes, like duplexes, multiplexes, townhomes, and apartments. There are also other rules such as the number of parking spaces you have to build per home, or restrictions on the height of your property, or bans on allowing homeowners to build a separate small structure in your backyard. All of these rules have the effect of fewer homes being built, even as demand continues to grow.”

“According to one measure by researchers at the University of Pennsylvania’s Wharton School, Connecticut has the 15th-most regulated residential building environments. In doing so, it has confined poorer people to small parts of the state and likely discouraged countless more from ever moving to the state.
Another measure, the Opportunity Atlas created by Harvard University researchers, maps opportunity in the state. The map of Connecticut (pictured below) shows a sea of blue with pockets of dark red. Residents in the blue counties can expect their children to grow up and make a good living. But the map also reveals the segregationist effects of localities’ zoning policies. Poverty is concentrated in a few tiny pockets, so much so that in some of the red areas, a child born there could expect to grow up and have their household earn less than a third of what a child in a nearby dark blue area would earn.

One clear example of this is the capital city of Hartford, which NBC Connecticut reports has a poverty rate of 31.2 percent, while the surrounding suburbs see a poverty rate of only 7.8 percent.”

“fewer homes but growing demand means higher prices for everyone.”

US immigration policy: A classic, unappreciated example of structural racism

“In sharp contrast to today’s undocumented population, “illegal” European immigrants faced few repercussions. There was virtually no immigration enforcement infrastructure. If caught, few faced deportation. All of those who entered unlawfully before the 1940s were protected from deportation by statutes of limitations, and in the 1930s and 1940s, tens of thousands of unauthorized immigrants like Nora O’Donnell’s grandfather were given amnesty.[viii] The few not covered by a statute of limitations or amnesty had another protection: until 1976 the government rarely deported parents of US citizens.[ix] There were no immigrant restrictions on public benefits until the 1970s, and it wasn’t until 1986 that it became unlawful to hire an undocumented immigrant.

In sum, from the early 1900s through the 1960s, millions of predominantly white immigrants entered the country unlawfully, but faced virtually no threat of apprehension or deportation. Businesses lawfully employed these immigrants, who were eligible for public benefits when they fell on hard times.”

“[x] often in the context of racialized debates targeted mainly at Latinos. Researchers have documented how through the 1960s, racialized views of Mexicans shaped law and bureaucratic practice.[xi] Over the next decade, Congress: ended the Bracero program, which had allowed as many as 800,000 temporary migrants from Mexico annually to work mainly in agriculture; cut legal immigration from Mexico by 50%; and ended the long-standing practice that parents of US citizens wouldn’t be deported. Reducing lawful means of immigrating predictably led to a rise in unauthorized entries, which was met with calls for tougher enforcement.”

3 reasons most public masking is still important — even if you’re vaccinated

“We know the vaccines authorized in the US are extremely effective and safe — but not perfect — at preventing Covid-19 illness. Newer data suggests they are also very good (though also not perfect) at keeping people from getting infected, thus likely drastically reducing the chances they could spread it to others.

Even with the small risks of these “breakthrough infections,” there are much more pressing reasons to keep masking in public — especially indoors in places like gyms, stores, and airports — and, according to the new CDC guidance, in most outdoor gatherings as well. Masking remains one of the least intrusive interventions we can take to keep putting the brakes on Covid-19 spread.

From variant wild cards to protecting unvaccinated kids, the reasons we should keep masking in crowded public spaces at least into the summer are strong. We talked to experts to better understand them and to get a glimpse of when we might finally be able to leave our masks at home.”

“The majority of people in the US are still susceptible to infection from Covid-19. “There are folks around us who will not or cannot get the vaccine, and we have to keep thinking, as a community, of ways to protect them, too,””

“a subset of people — roughly 3 percent in the US — have compromised immune systems that might do a poor job of mounting a robust response to the vaccine, leaving them vulnerable to infection even after getting shots.

There are also some people who aren’t able to wear masks to protect themselves in public. This includes some adults and children with disabilities or rare health conditions, as well as babies and toddlers”

“Although the vaccines authorized for use in the US appear to be very effective against the variants that are circulating, it is possible future strains will be better at evading vaccine protection (as the B.1.351 variant, first detected in South Africa, is against the AstraZeneca/Oxford vaccine). Vaccine companies are working to keep pace with variants, testing their vaccines against them and formulating potential boosters. But, says Guthrie, “it may be a bit of a game of whack-a-mole as new variants come up.””

““These variants — especially ones that have mutations that make them more transmissible — can pop up and then spread quite quickly,” Guthrie says. “If you combine that with a variant that could evade the current vaccines, you’re not going to get a lot of advance warning.” Which means a widespread outbreak, including some people who had already gotten their shots, could get going before we were able to contain it.

Masking can not only prevent a new variant from spreading but could also help prevent new variants from emerging, as the more people the virus infects, the greater the opportunity it has to mutate.”

“Even if we can’t drop our masks indoors for a little while longer, outdoors is a different story. The rates of public outdoor transmission of Covid-19 are incredibly low, and most known cases of outdoor infection spread have occurred from long conversations, yelling, or exercising together.”