“The decision in NetChoice v. Paxton reinstates an unconstitutional Texas law that seizes control of the major social media platforms’ content moderation process, requiring them to either carry content that those platforms do not wish to publish or be so restrictive it would render the platforms unusable. This law is unconstitutional because the First Amendment prohibits the government from ordering private companies or individuals to publish speech that they do not wish to be associated with.”
“Although the court did not identify which of the three judges dissented, it’s not hard to guess how the votes broke down. The panel includes Judge Leslie Southwick, a relatively moderate conservative appointed by President George W. Bush, as well as two notoriously right-wing judges.
Judge Edith Jones is a former general counsel to the Republican Party of Texas who was appointed by President Ronald Reagan when she was just 35 years old. Since then, she’s developed a reputation as an especially caustic conservative — Jones once told a liberal colleague to “shut up” during a court hearing, and she joined an opinion arguing that a man should be executed despite the fact that his lawyer slept through much of his trial.
The third judge, Andy Oldham, is a young Trump appointee who clerked for Justice Samuel Alito. Among other things, Oldham is the author of a Fifth Circuit opinion permitting a Trump-appointed district judge to seize control of much of the nation’s policy governing the US-Mexico border.
It is likely, but not entirely certain, that Jones and Oldham are right-wing outliers even when compared to the median justice on the Supreme Court. In 2021, Justice Clarence Thomas published an opinion expressing sympathy for the “common carrier” theory Texas relies on in NetChoice. But that opinion was joined by no other justice.
In any event, given the enormous disruption the Fifth Circuit’s NetChoice decision is likely to create for social media companies, it is likely that they will ask the Supreme Court to intervene very soon. We should know in very short order, in other words, whether the Supreme Court intends to write social media out of the First Amendment.”
“The world is now 1.1 degrees Celsius — 2 degrees Fahrenheit — warmer on average than it was at the dawn of the Industrial Revolution. But baked into that seemingly small change in the average is a big increase in dangerous extreme temperatures. That’s made cooling, particularly air conditioning, vital for the survival of billions of people.”
“These searing temperatures are just the latest in a pattern of increasingly hot weather. A heat wave that would have been a once-in-a-decade event in the 1800s is now hotter and happens nearly three times as often. Heat waves that used to occur once every 50 years are now nearly five times as frequent and reach higher temperatures. Heat records are broken so often they barely register as news. In its latest review of climate science, the Intergovernmental Panel on Climate Change said it is “virtually certain” that heat waves have become more frequent and intense across most land areas since the 1950s.
Extreme heat events are also occurring over a wider region of the globe, from the depths of the ocean to the icy reaches of the Arctic. Heat waves are now such devastating events with long-lasting wounds that some countries say they should be named like hurricanes.
But the most severe risks from high temperatures are in places like India and Pakistan, regions closer to the equator that are already hot and have dense, growing populations. They also have less wealth, so fewer can afford cooling when thermometers reach triple digits.”
“The tactics for cooling can end up worsening the very problem they’re trying to solve if they draw on fossil fuels, or leak refrigerants that are potent heat-trapping gases. And the people who stand to experience the most extreme heat are often those least able to cool off.”
“There are many ways to curb the climate impacts of ACs. “The answer lies first and foremost in improving the efficiency of air conditioners, which can quickly slow down the growth in cooling-related electricity demand,” wrote Fatih Birol, executive director of the IEA, in a 2018 report. With greater energy efficiency, air conditioners do more with less. Also, homes and businesses need better insulation and sealing to prevent waste.
Another method is to manufacture more air conditioners that don’t use HFCs or other heat-trapping gases. Many countries, including the US, are phasing out HFCs. The US Senate will soon vote to ratify the Kigali Amendment to the Montreal Protocol, an international treaty that commits to cutting HFCs 85 percent by 2050.
At the same time, there is going to be a massive market for sustainable cooling technologies. “There are billions of people that aspire to be wealthy, and as your income starts going up, you’re going to want to have access to cooling,” Kyte said.
The electricity that powers air conditioners needs to come from sources that don’t emit greenhouse gases, so dialing down coal, oil, and natural gas power on the grid and ramping up wind, solar, and nuclear energy is crucial.”
“In 2019, New York enacted an extreme risk prevention law, otherwise known as a “red flag law,” that can bar individuals who are believed to pose a danger to themselves or others from possessing firearms. New York state police decided not to invoke that law against the Buffalo shooter, who didn’t have a previous criminal record, but had made serious threats of violence. On Wednesday, Hochul issued an executive order requiring police to do so going forward.”
“She also called on the state legislature to pass bills that would require police to report guns associated with crimes within 24 hours and mandate that semiautomatic pistols sold in New York be microstamped so that law enforcement can link cartridges found at crime scenes to the gun that fired them. And she announced the creation of a dedicated domestic terrorism unit within the state police, along with efforts to investigate social media companies that have provided platforms for hate speech.
The goal is to ensure that people like the Buffalo shooter don’t fall through the cracks again. When the shooter was 17, he said that he wanted to commit murder-suicide at his high school. He was required to undergo a psychological evaluation and referred to police, who decided not to take further action for reasons still unknown. So when he turned 18, there was nothing preventing him from legally purchasing a weapon. And he did. The weapon he used in the shooting was purchased from a store in Endicott, New York: a Bushmaster semiautomatic rifle that he illegally modified to increase its capacity.
Under New York’s red flag law, that never should have happened.”
“Over the coming weeks, AT&T is rolling out cellphone location tracking that’s designed to route emergency calls to 911 more quickly. The company says the new feature will be nationwide by the end of June and should make it easier for, say, an ambulance to reach someone experiencing a medical emergency. At first glance, it seems like a no-brainer. But it’s also a reminder that as phone companies promise to save lives, they’re also using a lot more data about you in the process.”
“at a news conference in Tokyo, Biden was asked by a journalist: “Are you willing to get involved militarily to defend Taiwan if it comes to that?”
“Yes,” said Biden. “That’s the commitment we made.”
Biden’s remark might be a big deal. US policy toward Taiwan has been one of “strategic ambiguity” for four decades — supporting Taiwan’s independence without quite saying so. As part of the “One China” policy, the US does not recognize the democratic island nation of Taiwan, but maintains “a robust unofficial relationship” with it, according to the State Department. (The US supports Taiwan with weapons and has deep economic ties with the country.) In a phrase, Biden broke down that convention.
At the same time, it wasn’t a particularly revelatory moment. It was actually the third time that Biden has said something along these lines. In October 2021, Biden stated a similar “commitment” to Taiwan. In August 2021, Biden compared the US approach to Taiwan to its pledge to defend NATO countries. (An official then walked back those remarks).
All of those comments reveal a lot about Biden’s tendency for undisciplined, off-the-cuff responses — another example is his remark in late March that Russian President Vladimir Putin “cannot remain in power” — but don’t necessarily represent major policy shifts.
Today, once again, the White House quickly disavowed Biden’s statement. “As the president said, our policy has not changed,” a White House official said.”
“no sensible jury confronted with all of this evidence would have concluded that Jones was guilty beyond a reasonable doubt.
But Jones’s lawyers failed to present crucial evidence at his trial.”
“Then, after Jones challenged his conviction in a state court proceeding, he was met with, as Sotomayor put it, “another egregious failure of counsel.”
In the words of the law, Jones was denied his constitutionally required right to effective assistance of counsel — twice.
Sotomayor, however, wrote these words in a dissenting opinion. On a party line vote in Shinn v. Ramirez, the Court held that Jones will not receive a fair trial despite his lawyers’ poor performance.”
“Justice Clarence Thomas’s majority opinion claimed that a law restricting the power of federal courts to toss out convictions in state courts prevents Jones from seeking relief. But Thomas’s reading of this law is novel — his opinion had to gut two fairly recent Supreme Court decisions to deny relief to Jones.”
“Before Monday, the Supreme Court’s decisions in Martinez v. Ryan (2012) and Trevino v. Thaler (2013) should have guaranteed Jones a new trial. Both decisions deal with what should happen in the unusual circumstance when someone accused of a crime receives ineffective assistance of counsel, twice.”
“If a state fails to provide convicted individuals with a way to challenge their conviction on ineffective assistance grounds, federal courts may step in and provide a forum to hear this challenge in what is known as a “habeas” proceeding. Martinez, moreover, established that federal courts may step in when a criminal defendant receives inadequate assistance of counsel both at their trial and in a state proceeding permitting them to challenge their conviction.
Both a federal trial court and an appeals court determined that this is exactly what happened to Jones — that is, neither his state trial attorneys nor the lawyers who represented him in his postconviction challenge adequately investigated his case. And, without seeing all the evidence suggesting that Jones is innocent, the state court judge presiding over this postconviction proceeding had no way to know that Jones’s conviction should be tossed out.
The federal trial court held its own evidentiary hearing, considered the evidence against Jones and the evidence that his lawyers botched his case, and ordered the state of Arizona to give him a new trial.”
“[The] decision in Ramirez does not explicitly abandon Martinez and Trevino, but, as Sotomayor explains in dissent, “the Court all but overrules” these two decisions “that recognized a critical exception to the general rule that federal courts may not consider claims on habeas review that were not raised in state court.”
Under Justice Thomas’s majority opinion, federal courts may still conduct habeas proceedings when a criminal defendant alleges that they received inadequate assistance of counsel twice, but the federal court may not consider any evidence that wasn’t presented in earlier proceedings. As Thomas writes, “if a prisoner has ‘failed to develop the factual basis of a claim in State court proceedings,’ a federal court ‘shall not hold an evidentiary hearing on the claim’ unless the prisoner satisfies one of two narrow exceptions” that are not present in Jones’s case.
The problem with this rule should be obvious. The whole point of Jones’s federal case is that his state court lawyers performed so poorly that they failed to uncover evidence that should have exonerated him. If a federal habeas court may only consider evidence that was presented by feckless lawyers to state courts, then there is no point in having a federal habeas proceeding in the first place.”
“in Sotomayor’s mind, and in the minds of the two other justices appointed by Democratic presidents who joined her opinion, the purpose of a criminal trial is to determine whether or not someone is actually guilty of a crime — and to do so through an adversarial process where both sides are represented by lawyers who can present the best possible legal and factual case for the prosecution and the defense.
Thomas, writing for the Court’s Republican majority, offers a different view of why trials exist. He deems federal habeas proceedings problematic because they “override the States’ core power to enforce criminal law.” When a federal court deems someone’s conviction constitutionally inadequate, Thomas complains, it “overrides the State’s sovereign power to enforce ‘societal norms through criminal law,’” and “disturbs the State’s significant interest in repose for concluded litigation.”
Thus, in Thomas’s view, the purpose of a state-conducted trial is to give criminal defendants a procedure in state court. But once that process is concluded, the state court’s decision generally should remain final — even if that means executing an innocent person or condemning someone in violation of the Constitution.”
“The nightmare scenario of a space monopoly isn’t too different from the fear of a monopoly here on Earth. If just one company gains too much control over the space market and gets too far ahead with its tech, it’s possible that future competitors could be blocked out of space for good. That means a single company, like SpaceX, could end up with an enormous amount of influence over how humans visit and utilize resources in space.”
“It came like a bolt from the blue, a gift from the heavens. In 1986, audiences flocked to theaters to see Tony Scott’s Top Gun, starring a fresh-faced Tom Cruise as Pete “Maverick” Mitchell, a hotshot Navy aviator bent on stardom. They kept coming for seven months. When the dust settled, the film had brought in over $176 million. Unlike its protagonist, who came in second at the eponymous elite flight academy, the film ended 1986 the top earner of the year.
But for the Navy, Top Gun was more than just a movie. It was a recruitment bonanza.
Military recruiting stations were set up outside movie theaters, catching wannabe flyboys hopped up on adrenaline and vibes. Others enlisted on their own. Interest in the armed forces, primarily the Navy and the Air Force, rose that year, though it’s unclear just how much. Naval aviator applications were claimed to have increased by a staggering 500 percent.”
“according to some top environmental economists, we have good reason to believe the true cost of emitting carbon is actually a lot higher than even a $51 price tag suggests.
There are a couple of reasons for that. First, until recently, the economists who calculated the SCC had barely factored in one of the biggest harms that climate change can cause: human mortality. Second, the way the SCC had been calculated rested on a problematic premise: that damage in the future counts for significantly less than damage in the present.”