Stephen Breyer Tried to Compromise On An Increasingly Uncompromising Supreme Court

“Breyer prizes compromise, and as the court has become more ideologically polarized, he’s tried to find points of common ground with the conservative justices, even on relatively high-profile issues, like religious liberty. That pragmatic streak was on display in 2005, when he served as the pivotal vote in two separate cases about public displays of the Ten Commandments. In one of the cases, he voted with the conservatives to uphold the display; in the other, he voted with the liberals to strike it down. Over the years, he joined the conservatives in a variety of other important religion cases, including a dispute over a 40-foot cross that was displayed on public property in Maryland and a fight over whether Missouri could exclude a church from a public grant program for playground resurfacing.
In those cases, he often stressed the need to avoid religious disagreements — which sometimes led to outcomes that upset liberals. In the 2005 case where he voted to uphold a Ten Commandments display in Texas, for instance, he wrote that although it was a “borderline case,” ruling that it was unconstitutional could lead to the removal of similar displays around the country and “thereby create the very kind of religiously based divisiveness that the Establishment Clause seeks to avoid.”

And his breaks with his liberal colleagues haven’t been on religion alone. According to a recent analysis by political scientists Lee Epstein, Andrew Martin and Kevin Quinn, Breyer cast the lowest percentage of liberal votes of any of the three Democratic appointees who served with him. Epstein, Martin and Quinn found that most of those disagreements were in the area of criminal procedure, particularly in cases related to search and seizure.

Of course, Breyer has been an outspoken liberal voice on other issues, including reproductive rights and the death penalty.”

“Breyer plainly became concerned about the court’s reputation, particularly after Ginsburg died and was replaced by Justice Amy Coney Barrett, which gave the conservative majority even more power. He’s spent the years since then trying to convince Americans that the court was fundamentally a nonideological institution, even publishing a short book where he argued that the court — despite its clear conservative tilt — was not a political institution.

That commitment to preserving the judiciary’s nonpartisan image — and staying mostly in line with public opinion — put Breyer increasingly out of step with the court’s trajectory. This year’s term isn’t over yet, but at least some of the Supreme Court conservatives seem ready to veer sharply outside the mainstream on abortion, gun rights and other high-profile issues. Justice Sonia Sotomayor, meanwhile, shows no desire to make nice with the conservatives — in a recent dissent, she called the court’s decision to leave a highly restrictive Texas abortion law in place a “disaster” and a “grave disservice to women in Texas.”

In a 2020 interview, Breyer told reporter Dahlia Lithwick, “The best is the enemy of the good. … But if you have a choice between achieving 20 or 30 percent of what you’d like or being the hero of all your friends, choose the first.” That attitude seems unlikely to be especially popular at the Supreme Court going forward — among liberals or conservatives.”

Grocery Shelves Are Empty, but Immigration Waitlists Are Full

“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 Government Doesn’t Need New Powers To Fight ‘Domestic Terror’

“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.”

What Democrats And Republicans Get Wrong About Inflation

“many economists say that the foundering supply chain has played a heavy hand in driving up prices”

“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.”

““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.”

“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.”

“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.”

When Is It Safe To Lift School Mask Mandates?

“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.”

“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.”

“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.”

Strikes on U.S. Troops Show the Need To Withdraw From Iraq and Syria

“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”

Police Misbehavior Is a Crucial Threat to Liberty

“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.”