“Immigrants frequently fill jobs that native-born Americans are reluctant to do. Unsurprisingly, the largest gaps in the labor market tend to appear where immigrants make up a larger share of the workers. According to the Bureau of Labor Statistics, in 2020 “foreign-born workers were more likely than native-born workers to be employed in service occupations; natural resources, construction, and maintenance occupations; and production, transportation, and material moving occupations.” Foreign-born workers make up roughly 17 percent of the U.S. labor force. In each of the struggling sectors mentioned above, more than 20 percent of the workers are already immigrants.
This dynamic isn’t just affecting low-wage jobs. According to Bloomberg, the U.S. is currently experiencing its worst health care labor shortage ever. An estimated 2.7 million immigrants are already working in hospitals. In October, 16 percent of American hospitals reported that they were critically short-staffed and the situation has only gotten worse. These essential jobs need to be filled so desperately that health officials are allowing staff infected with COVID to stay on the job. Many health care workers are experiencing burnout, and immigrants have already proven they can step in and get the job done.
Immigrants won’t solve every labor shortage in the U.S., but letting more people come here for an honest and well-paying job would be a great place to start. The sooner we see more immigrants allowed into the U.S., the sooner we’ll see more milk and meat at the supermarket.”
“the FBI already has unbelievably sweeping authority to surveil individual Americans or domestic groups without ever having to go before a judge to get a warrant.
Under an investigative category known as an assessment, FBI agents can search commercial and government databases (including databases containing classified information), run confidential informants, and conduct physical surveillance, all without a court order.”
“many economists say that the foundering supply chain has played a heavy hand in driving up prices”
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“it’s become clear to many economists that American inflation isn’t just a supply chain issue: Our economic response — namely, the trillions of dollars of COVID-19 stimulus paid out over the last 24 months — appears to be a meaningful differentiator.
A good way to tease this out is to look at Europe, which has faced similar supply chain issues and an even worse oil shock, as it is more dependent on foreign oil than the U.S. And yet, European countries have experienced lower inflation, perhaps due in part to their smaller government response.”
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““If you look compared to Europe, in the United States goods consumption is higher, and services consumption is higher than what it is [in Europe].”
One reason for that higher consumption is government spending. In 2020, a divided Congress under former President Donald Trump passed two separate pieces of legislation — first the $2 trillion CARES Act in March, which doled out $1,200 checks to most single adults and even more to families, then a $900 billion package in December that, among other aid, issued $600 targeted checks. But then in March 2021, Democrats passed another round of government stimulus in a $1.9 trillion relief package — including $1,400 direct payments to individual Americans — which some experts warned at the time might cause inflation.”
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“Furman stressed to me that inflation likely would have been high even without a COVID-19 relief bill, however, because of a reopening economy and base effect distortions. Moreover, rising gas prices — one of the most tangible ways in which Americans process inflation — likely have nothing to do with the American Rescue Plan and much more to do with the dynamics of global oil. There is at least some evidence, though, that government spending has caused inflation, beyond the explanation that it’s merely been a supply chain issue.”
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“not all government spending has the same effect on inflation. In fact, historically government spending hasn’t usually led to inflation. A 2015 paper in the European Economic Review found, for example, that the effect of government spending on inflation post-World War II was “not statistically different from zero.” But Bill Dupor, a co-author of that study and vice president of research at the Federal Reserve Bank of St. Louis, told me that the size of the intervention matters — and that could help explain why government spending today has spurred inflation but hadn’t in recent memory.”
“pediatric hospitalizations are occurring almost exclusively among kids who are not vaccinated. Most school-age children are eligible to have been vaccinated, but most school-age children have not yet been vaccinated. Depending on what numbers you look at, only around 50 to 60 percent of kids ages 12 to 17 have been fully vaccinated, and only around 25 percent of kids ages 5 to 11.”
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“today is not the day to remove mask mandates in schools. Rather, you want to wait until case rates are much lower than they are today. Not simply for the sake of kids, but also so that children aren’t bringing the disease home. But governors are up against political pressures.
The important thing to highlight here is that many of the governors who have lifted mask mandates in the last couple of days have said that the mandates will be lifted for schools three or four weeks in the future, not today. And three or four weeks in the future, chances are that case rates will be lower, so by then it actually will be much safer to remove the mask mandates without putting kids and communities at high risk, just because there won’t be a lot of circulating COVID.”
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“There are a number of observational studies showing that communities and schools that have universal masking have lower rates of COVID-19 among kids in the school, and a couple of studies suggesting higher rates of transmission within schools that forego masking. And of course, there are many more studies in adults and kids in general — really, the preponderance of evidence supports that masks work, and they work for kids as well as for adults.”
“Just days into 2022, multiple military bases housing U.S. troops in Iraq and Syria came under attack. Two drones carrying explosives were destroyed last Tuesday as they headed toward U.S. troops in western Iraq. The next day, rockets and indirect fire hit bases in western Iraq and eastern Syria. And last Monday, two armed drones were shot down as they approached a facility housing American advisers at the airport in Baghdad.
Though there were no casualties, the Iran-backed militias behind the attacks have made clear that they will continue. That alone should encourage the Biden administration to get American soldiers out of harm’s way”
“Whenever I write about police abuse and use-of-force issues, I often hear from the “back the badge” crowd to defend whatever it is the police officer did in a given situation. They’re not always wrong, of course, but one recurring theme always sticks in my craw, especially given that these writers typically describe themselves as “conservatives.”
Police defenders instinctively view most situations—and expect the rest of us to do so—from the perspective of the officer. “Well, sure that African American teen was holding a cellphone rather than a gun, but how was the officer to know before he shot him?” “Sure, the SWAT team broke down the door to the wrong apartment, but mistakes happen (note the passive voice).”
One of the stated principles of conservatism is fealty to the constitution, which protects the rights of individuals against the abuses of government. Police are the face of that government. They enforce the rules that lawmakers pass. Having the right to detain or even kill you, officers literally hold all of your “rights” within their grasp.
Therefore, I spend less time worrying about the genuinely difficult challenges of officers than about my fellow citizens’ right to life and liberty. As Charlton Heston says in a Touch of Evil, “Only in a police state is the job of a policeman easy.” Likewise, I worry less about the frustrations of IRS agents than I do about the rights of taxpayers. Tax collectors have a legitimate job, but a true freedom-lover is primarily concerned about protecting individuals from the state.
Let’s look at a recent example. On Dec. 23, Los Angeles police shot to death Valentina Orellana-Peralta. who was shopping for quinceañera dresses in a Burlington store dressing room in North Hollywood. Officers were responding to reports of an assault with a deadly weapon and opened fire. A bullet penetrated the dressing-room wall, where Valentina and her mom were hiding from the ruckus. The girl died in her mother’s arms.
Those who scream (rightly) about government encroachment on our liberties when, say, legislators pass a new gun-control measure, tax hike or business regulation need to acknowledge that the government’s killing of a young girl who is out enjoying her day is a rights-destroying offense of a much higher order. It doesn’t matter that the girl was not the intended target.
The Los Angeles Police Department released a bland statement saying that officers didn’t know the girl was in the dressing room. The union argued the officer followed active-shooter protocols after getting 911 calls. It appears there was no active shooter. Police killed the suspect, who was a danger, but the weapon was a bike lock and cable.”
“Underlying that split is the question of whether and when COVID-19 counts as a workplace hazard, justifying regulation by the Occupational Safety and Health Administration (OSHA), as opposed to a general risk that Americans face throughout the day, which goes beyond that agency’s statutory mission. All of the justices agreed that OSHA does not have a general license to protect public health, and all of them agreed that the agency does have the power to address COVID-19 in the workplace. But while the dissenters were willing to let OSHA define that problem in general terms, justifying a broad solution covering 84 million employees, the majority thought the agency was obliged to be more specific and discriminating.”
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“OSHA has previously issued regulations that addressed communicable diseases. In 1990, it issued a nonemergency standard dealing with bloodborne pathogens, and last June it published a COVID-19 ETS for the health care industry. But both of those rules aimed to protect employees who faced special hazards because of the nature of their work (handling blood samples and treating COVID-19 patients, respectively), and neither of them encouraged or required employers to make vaccination mandatory. That is something OSHA, which has existed for more than half a century, has never done before—a point that the justices emphasized during oral arguments last week and again in yesterday’s decision.
“OSHA has never before imposed such a mandate,” the Court notes. “Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here….The most noteworthy action concerning the vaccine mandate by either House of Congress has been a majority vote of the Senate disapproving the regulation on December 8, 2021.”
In a joint dissent, Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan argue that OSHA’s unprecedented rule is justified by the unprecedented threat that COVID-19 poses”
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“Even as Breyer et al. emphasize the society-wide threat posed by COVID-19, they suggest the risk is especially acute in the workplace, where employees typically gather inside for eight hours a day. That basic fact, the dissenters argue, justifies OSHA’s broad approach, because the coronavirus “spreads mostly without regard to differences in occupation or industry.””
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“More generally, the majority says, OSHA has failed to draw appropriate distinctions between different work situations that pose widely varying risks of virus transmission. “Although COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most,” the Court says. “COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.””
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“The majority nevertheless concedes that OSHA has the authority to address COVID-19 in certain contexts:
“Where the virus poses a special danger because of the particular features of
an employee’s job or workplace, targeted regulations are plainly permissible. We do not doubt, for example, that OSHA could regulate researchers who work with the COVID–19 virus. So too could OSHA regulate risks associated with working in particularly crowded or cramped environments. But the danger present in such workplaces differs in both degree and kind from the everyday risk of contracting COVID–19 that all face. OSHA’s indiscriminate approach fails to account for this crucial distinction—between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an “occupational safety or health standard.”””
“roughly 80 homeless people who live in the upstate community, and who have few options for escaping the dangerously frigid weather.
About half of those people could be housed on the second floor of a building owned by the city’s Free Methodist Church, where 40 empty beds sit ready to welcome people in from the cold.
Stopping that from happening are Gloversville’s zoning officials, who say that the commercial zoning of the church’s property and its downtown location prohibit it from hosting a cold weather shelter. Those empty beds will have to stay that way.
“The situation is dire up here and the city just refuses to let us open,” says Richard Wilkinson, the pastor of Gloversville’s Free Methodist Church. “It’s heartbreaking knowing there’s people out there.””
“Today’s liberal critics of judicial review make two principal claims, both of which Learned Hand made too. First, they say that judicial review is repugnant to democracy. To allow unelected judges to void the actions of democratically elected legislators, presidents, or governors, the argument goes, is to allow the judiciary to subvert the will of the majority. Second, these critics say, judicial review “wasn’t enumerated in the Constitution and isn’t inherent in the court as an institution,” as Bouie put it. Thus, the act of abolishing judicial review does not raise any constitutional concerns.
These liberal critics are right on the first count and wrong on the second. The judiciary is undoubtedly the least democratic branch of government. But that is by design. The role of the federal courts, as James Madison once put it, is to stand as “an impenetrable bulwark against every assumption of power in the legislative or executive.” Lawmakers and presidents sometimes assume powers that they should not, and popular majorities sometimes support those power grabs. The judiciary is meant to stand in the way even if judicial review thwarts the will of such majorities. Indeed, the judiciary is meant to act as a check against the tyranny of such majorities.
What is more, contra Bouie, this authority is firmly located in the Constitution and fully inherent in the judicial branch. According to Article III, Section 1, “the judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The Framers and ratifiers of the Constitution understood the phrase “the judicial power” to include the power of federal judges to nullify legislative and executive acts that violate the Constitution, which is the power that we call judicial review.”
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“An examination of American legal history reveals the solid constitutional foundations of judicial review. Take the 1787 Constitutional Convention in Philadelphia, where the document was drafted. Speaking on July 21, Luther Martin gave voice to the consensus view. “As to the constitutionality of laws,” Martin observed to his fellow delegates, “that point will come before the judges in their proper official character. In this character they will have a negative on the laws.” George Mason made the same point on the same day. Under the Constitution, he said, judges “could declare an unconstitutional law void.” Nobody at the convention disagreed with any of that.
This same understanding of “the judicial power” is also evident in the Framers’ debates about a proposal that did not make it into the final document. James Madison was foremost among those at the convention who thought that Congress should have the constitutional power to veto state laws. Madison had watched as various states, under the Articles of Confederation, erected tariffs and other costly impediments to interstate commerce (among other barriers to the economic and political harmony of the new nation). Madison wanted to see a congressional check put in place against such state actions.
The states “can pass laws which will accomplish their injurious objects before they can be…set aside by the national tribunals,” Madison told the convention on July 17. In other words, Madison worried that judicial review by the federal courts might take too long in such cases and therefore wanted Congress to be able to move even more quickly against especially dangerous state laws.
Gouverneur Morris spoke for the opposition to that proposal. “A law that ought to be negatived,” Morris replied, “will be set aside in the judiciary department.” Morris did not favor a congressional veto over state legislation because he thought the veto power of the federal courts—judicial review—would do the trick.
Morris beat Madison in that particular debate. The Constitution would not contain a congressional “negative” over state laws. But both sides in the debate did think—indeed, both sides simply took it for granted—that the federal courts would have the constitutional power to “set aside” unconstitutional laws. They all agreed that the federal courts would have the power of judicial review.”
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“That same understanding of “the judicial power” is evident when you examine the records of the state ratifying conventions.”