The Supreme Court’s Conservative Revolution Is Already Happening

“in many ways, the Supreme Court’s conservative revolution is already here: The court hasn’t been this ideologically tilted in almost 100 years. Capturing the full breadth of this shift is difficult because the metrics we use to measure the court’s ideology are driven by hard-to-track factors like the types of cases the court takes up. For the first time in decades, too, a single justice isn’t holding the reins. The conservative justices can now assemble a majority more easily, giving them the power to push the court even further right.

That power may take some adjusting to — for both the public and the justices. The past term showed that there will still be plenty of room for disagreement on the precise path forward. One example was a high-profile religious liberty case where the most conservative justices took their fellow GOP appointees to task for issuing a ruling they saw as too timid. And the main priority of the liberal justices, now distinctly in the minority, appeared to be damage control. Moreover, some big decisions were taking place outside the public eye.”

“According to the Supreme Court Database, 60 percent of all decisions last term went in a conservative direction, as well as 59 percent of close decisions — which is to say, decisions in which the minority side had three or four votes. That makes the court’s previous term the most conservative term since 2008”

“Increasingly, too, the justices are making big decisions without fully explaining their reasoning, through cases that have emerged through the court’s “shadow docket,” where the justices are asked to rule quickly, without the extensive legal briefing or oral arguments that happen in normal Supreme Court cases. Sometimes, these orders are only one sentence long. And the justices don’t have to say how they voted or why.

Normally, this swiftness and secrecy isn’t especially newsworthy because the rulings that come out of the shadow docket just aren’t that significant. But that has changed in recent years. Some of the court’s biggest rulings in the past year — including its decision to strike down COVID-19 restrictions on religious gatherings and its decision to allow a highly restrictive abortion law to go into effect in Texas — came out of the shadow docket.

The shadow docket is very difficult to track, for obvious reasons — it’s hard to know what the justices are even doing.”

The Racial Gap Among the Vaccinated Has Essentially Disappeared

“According to a new survey from the Kaiser Family Foundation, as the rate of U.S. adults who report having received at least one dose of the COVID-19 vaccines continues to climb, the rates among racial groups are now basically identical, comprising 71 percent of white adults, 70 percent of black adults, and 73 percent of Hispanic adults.”

Survey Finds No Rise in Anti-Asian Violence, Assaults Declined in 2020

“Some recent evidence has suggested that the national period of declining crime—which began in the mid-1990s, as rate of violence fell dramatically in the U.S.—may be over: The most recent Uniform Crime Report (UCR), an important though incomplete snapshot of homicides nationwide, found that homicide had increased by 30 percent from 2019 to 2020.

But just-released data from the National Crime Victimization Survey (NCVS) paints a much less depressing picture. According to the 2020 NCVS report, the violent crime rate actually declined last year, if homicides are excluded. Moreover, the popular narrative that former President Donald Trump’s anti-China rhetoric caused some spike in hate crimes against Asian-Americans appears to be wrong. For Asian-American victims, both the violent crime rate and simple assault rate declined from 2019 to 2020.

It’s important to interpret these findings cautiously. The NCVS does not count homicides; the data comes from telephone interviews with random Americans. It’s thus a scientific survey, rather than a tally of actual crimes.

The UCR, on the other hand, consists of crimes reported to the FBI by law enforcement agencies. Police departments are not required to report any information at all, which means that the UCR is in some ways more accurate—these are verified reported crimes—but also more statistically unreliable. Year-to-year fluctuations in the data might represent different reporting procedures rather than any actual increase in crime; the overall number of crimes reported to the FBI is obviously just a small snapshot.

The public should take the findings from both reports with a grain of salt. It could be the case, obviously, that murders in cities increased while other categories of crime decreased elsewhere; it’s also possible that certain minority communities suffered increased crime in a manner that isn’t captured by the data. But with so much bad news about rising violence, the NCVS data suggests that things might not be as bad as we think.”

New Research Says Police in Schools Don’t Reduce Shootings but They Do Increase Expulsions and Arrests

“A working paper published last week by the Annenberg Institute at Brown University and written by researchers at the University at Albany, SUNY and RAND Corporation bills itself as the broadest and most rigorous examination at the school-level of how SROs impact student outcomes. Using national school-level data from 2014 to 2018 collected by the U.S. Department of Education, the paper found that while SROs “do effectively reduce some forms of violence in schools,” they do not prevent school shootings or gun-related incidents.

“We also find that SROs intensify the use of suspensions, expulsions, police referrals, and arrests of students,” researchers wrote. “These effects are consistently over two times larger for Black students than White students.”

The study found that the introduction of SROs to schools did appear to improve general safety and decrease non-gun-related violence, like fights and physical assaults. However, the authors say, those benefits come at the cost of increasing both school discipline and police referrals.”

“The number of police in schools has skyrocketed in schools over the past four decades, first in response to drugs, then mass shootings. Police departments and organizations like the National Association of School Resource Officers argue that well-trained SROs act as liaisons between the school and police department. A good SRO, they argue, can actually reduce arrests.

Civil liberties groups and disability advocates, on the other hand, have long argued that increases in school police and zero-tolerance policies for petty disturbances have fueled the “school-to-prison” pipeline and led to disproportionate enforcement against minorities and students with disabilities.

Other recent research has come to similar conclusions as the new working paper. For example, a study published last August by researchers at the University of Maryland and the firm Westat found that increasing the number of police in schools doesn’t make school safer and leads to harsher discipline for infractions.”

“The authors of the new working paper say that school districts should weigh the benefits of safer hallways against the high cost of putting more kids in contact with the criminal justice system.”

Why Biden’s $3.5 Trillion Spending Plan Would Be Worse for the Economy Than Manchin’s $1.5 Trillion Proposal

“The larger spending package would increase government debt at a faster rate, which would increase the amount the government has to pay in interest. In the $3.5 trillion scenario, higher levels of spending and higher amounts of government debt “crowds out investment in productive private capital. Less private capital leads to lower wages as workers become less well-equipped to do their jobs effectively,” the report states.

Now, the PWBM has completed an analysis of the $1.5 trillion framework that Manchin reportedly offered as an alternative. In order to do the estimate, PWBM analysts assumed that Manchin’s proposal would increase spending by about $540 billion for means-tested childcare programs, like universal pre-K; $439 billion for a five-year extension of the expanded Child Tax Credit; $260 billion for public infrastructure; and $260 billion for other assorted government spending.

That’s still a lot of money, and there are still some negative long-term consequences—but the most important part of Manchin’s proposal is that it does not require additional borrowing, and relies on smaller tax increases than what President Joe Biden has proposed. As a result, government debt would actually fall slightly over the next 30 years. The tax increases would reduce private capital by less than 1 percent by 2050—as opposed to the 6.1 percent drop that would come with the passage of the larger reconciliation package. Wages and national GDP would remain flat under the $1.5 trillion plan, instead of the projected decline under the $3.5 trillion plan.

What the report essentially says is that Manchin’s proposal would be less bad than the $3.5 trillion proposal.”

“It is a little bit crazy that everyone in Washington is talking about $1.5 trillion as a small sum of money. What Manchin is willing to support would cost about $500 billion more than the Obama stimulus, even after adjusting for inflation. And this isn’t an emergency spending plan meant to float the country through a recession—it’s a massive increase in government spending at a time when the economy is growing significantly (despite the weirdness in labor markets and supply chains).”

Coastal Carolina University Is Trying To Fire a Professor for Saying Hurt Feelings Were Not ‘a Big Deal’

“In general, universities should stop caving to students who are unreasonably upset about minor infractions—but this wasn’t an infraction at all. Campus administrators would be well-advised not to put themselves in the position of being responsible for every hurt feeling, no matter how ill-founded or slight. There’s little benefit to making diversity synonymous with absurdity.”

Barely Legal Strippers Now Illegal in Texas

“In May, the Lone Star State raised the minimum legal age for working in a sexually oriented business from 18 to 21.”

“Since the new law passed, adult businesses in Texas have laid off “droves” of 18- to 20-year-old workers, according to the Texas Entertainment Association (TEA), an organization that represents the interests of sex-oriented businesses and one of the plaintiffs challenging S.B. 315. Kevin Richardson, a TEA member who owns five adult cabarets, told the court he had to lay off more than 700 people due to the new law.

Evanny Salazar is one of the young adults who lost a job after S.B. 315 reclassified her as a child. Salazar “worked at two adult cabarets in San Antonio, Texas, where she earned about $1,000 a night” and did not witness any human trafficking, U.S. District Judge Robert Pitman noted in a July ruling. “Before she worked as an exotic dancer, Salazar was homeless and lived in her car,” he wrote. “Her job at the adult cabarets allowed Salazar to obtain housing and cover her living expenses. Since losing her job as an exotic dancer, Salazar has become homeless again and works for Door Dash [sic], where she makes about $30 a night.””