“Alito is not just a conservative. He’s not a consistent “originalist” in the vein of Scalia or Justice Clarence Thomas, only a “practical” one. The key to understanding Alito is not judicial philosophy or ardent conservatism: it’s his anger — an anger that resonates with the sentiments of many voters, especially white and male ones, who feel displaced by recent social and cultural changes. If you want to understand what to expect from the post-Roberts Court, paying attention to that anger pays dividends.”
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“Alito’s anger consistently sounds in a register of cultural decline, bemoaning the growing prominence of women and minorities in American life. Writing the majority opinion in Hobby Lobby, which endorsed a company’s right to deny employees contraception coverage, Alito waxed lyrically about the “men and women who wish to run their businesses as for-profit corporations in the manner required by their religious beliefs.” The women denied medical care that facilitates participation in the labor market, in contrast, weren’t a concern. Examining a Washington state regulation of pharmacists, Alito was quick to detect “hostility” to conservative religious beliefs. And in an opinion repudiating New Haven’s effort to promote more Black firefighters, Alito alone trawled the history of the case to complain about the role played by a Black pastor who was an ally of the city’s mayor and had “threatened a race riot.” Black involvement in municipal politics, for Alito, appears as a sinister threat to public order.
In stark contrast, when the charge of discrimination is made on behalf of racial or religious minorities, Alito expresses no such solicitude. He does not search for evidence of bias. Instead, he takes an impossibly narrow view of job-related discrimination that demands women somehow instinctively know they are being paid less than male counterparts. Despite his claim to a “just the facts ma’am” approach, Alito has a distinctively constricted take on what the “facts” are. To read his opinions is to inhabit a world in which it is white Christian men who are the principal targets of invidious discrimination, and where a traditional way of life marked by firm and clear gender rules is under attack.
When it comes to the criminal justice system, Alito is a reliable vote for the most punitive version of the state. In 2016, when the Supreme Court invalidated Florida’s death-penalty scheme on Sixth Amendment grounds, only Alito dissented. When the court, a year earlier, found a federal sentencing rule for armed offenders unconstitutionally vague, only Alito voted for the prosecution. It’s difficult to think of cases where Alito has voted for a criminal defendant, or any other litigant that elicits liberal sympathies.”
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“In November 2020, Alito gave a keynote speech to the conservative legal organization the Federalist Society. Much criticized at the time for its partisan tone “befitting a Trump rally,” in the words of one critic, those remarks are useful because they prefigure where a court on which Alito is a dominant voice might go.
In that speech, Alito criticized pandemic restrictions by bemoaning the rise of “scientific” policymaking. He complained about the “protracted campaign” and “economic boycotts” of Catholic groups and others with “unpopular religious beliefs” (self-identified Christians make up some 63 percent of the American populace). And he (falsely) warned of “morning after pills that destroy an embryo after fertilization.” If that speech is any guide — and there is no reason to think it won’t be — the future of the Supreme Court will be increasingly one of religious censor: keeping women in their lane, standing up for Christian rights, and making sure that uppity “scientists” in the federal government don’t get their wicked way.”
“whether or not someone has actually invoked their right to counsel is, to some degree, subjective, though it can have far-reaching consequences in a defendant’s case.”
“A blatantly unconstitutional Texas social media law can start being enforced unless the Supreme Court steps in. The law was blocked by a U.S. district court last year after internet advocacy and trade groups challenged it. But a new order from the U.S. Court of Appeals for the 5th Circuit means Texas can begin enforcement of its social media law—and wreak havoc on the internet as we know it in the process.
NetChoice and the Computer and Communications Industry Association (CCIA)—the groups that filed the lawsuit against the Texas social media law—have now submitted an emergency petition to the Supreme Court asking it to intervene. Meanwhile, Texas and a slew of other states with Republican leaders are advocating for the law, which would treat large social media platforms like common carriers (such as railroads and telephone companies) that have a legal obligation to serve everyone.
How we got here: The Texas social media law (H.B. 20) bans large platforms from engaging in many forms of content moderation—including rejecting unwanted content outright, limiting its reach, or attaching disclaimers to it—based on the viewpoint said content conveys. It’s similar to legislation passed (and blocked, for now) in Florida.
Borrowing a page from George Orwell, supporters like Texas Gov. Greg Abbott say the law is designed to protect free speech. But in addition to protecting people and private entities from censorship, the First Amendment also protects against them being compelled by the government to speak or host certain messages—which is exactly what H.B. 20 does.
Accordingly, Judge Robert Pitman of the U.S. District Court for the Western District of Texas held last December that H.B. 20 violated the First Amendment and issued a preliminary injunction against enforcing it.
But Texas appealed, and last week the U.S. Court of Appeals for the 5th Circuit issued a stay on the lower court’s decision—meaning Texas can start immediately enforcing the social media law.
The 5th Circuit did not offer an opinion explaining its reasoning, so it’s hard to say what’s going on there. In any event, NetChoice and the CCIA are now asking the U.S. Supreme Court to step in.”
“The main legal questions appear to be whether Hunter violated tax laws, committed money laundering, or acted as an unregistered foreign lobbyist.”
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“There is nothing inherently illegal about accepting money and gifts from foreign interests if you are a private citizen and your dad is a famous, powerful person. But you do have to pay taxes on it. And according to the New York Times, a federal inquiry into whether Hunter had properly paid his taxes began back during the Obama administration. Then, in 2018, the tax inquiry became a broader criminal investigation into Hunter, conducted by the US attorney’s office in Delaware, examining possible money laundering and whether he was an unregistered foreign agent.”
,,,
“Hunter is also under scrutiny for potential money laundering — basically, bringing foreign funds into the US financial system in connection with some sort of crime. Various financial institutions filed “suspicious activity reports” to the US government about movements of funds in and out of Hunter’s accounts, including to his uncle James Biden.
Though the term “money laundering” may bring to mind drug trafficking or something of the sort, prosecutors can also charge it in connection with more prosaic crimes, such as acting as an unregistered foreign agent. (Manafort was charged with conspiring to launder money for this purpose.)”
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“The Foreign Agents Registration Act (FARA) requires people doing political, public relations, or lobbying work for foreign clients to register with the government as foreign agents. Ordinary business work for foreign clients does not require FARA registration. But when that work moves from the business realm to the political realm — or, importantly, to the public relations realm — that obligation may kick in.
So the question is what kind of work Hunter really did.”
“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.”
“The FBI has arrested more than 700 Donald Trump supporters who unlawfully entered the Capitol grounds or the Capitol itself that day, many of whom incriminated themselves by recording and/or livestreaming their activities. On the anniversary of the riot, The New York Times reported that “a little over 300” had been charged with petty crimes such as trespassing and disorderly conduct, while “more than 225 people” were “accused of attacking or interfering with the police” and “about 275” were charged with obstructing the congressional certification of President Joe Biden’s election.
Against this backdrop, last week’s indictment of 11 Oath Keepers stands out. It was the first time that any of the rioters had been charged with sedition—specifically, using force to “prevent, hinder, or delay the execution of any law of the United States.” The conspiracy described in the indictment is notably different from the spontaneous, heat-of-the-moment crimes committed by most of the people who stormed the Capitol. Unlike the riot as a whole, which looked more like a temper tantrum than an incipient coup, the “operation” mounted by the Oath Keepers was planned well in advance. Although it is the closest thing we have seen so far to an “insurrection” (the label that Democrats routinely apply to the riot), it was still half-baked and pitifully ineffectual.”
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” The preparations for January 6 allegedly included gathering Oath Keepers from around the country; paramilitary training; “reconnaissance” of the Capitol area; multiple purchases of guns, ammunition, and firearm accessories; a stash of weapons at a hotel in Arlington; and a “quick reaction force” (QRF) that waited at the hotel, ready to act “if SHTF.” The indictment says “the QRF teams were prepared to rapidly transport firearms and other weapons into Washington, D.C., in support of operations aimed at using force to stop the lawful transfer of presidential power.””
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“The Oath Keepers who went to the Capitol on January 6 evidently did not bring any firearms, although they did have “hard-knuckle tactical gloves, tactical vests, ballistic goggles, radios, chemical sprays, a paracord attachment, fatigues, goggles, scissors, a large stick,” and a German Shepherd named Warrior.”
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“According to the indictment, however, Rhodes and other Oath Keepers celebrated the riot and talked about following it up with further acts of resistance. “Thousands of ticked off patriots spontaneously marched on the Capitol,” Rhodes said that night in a Signal group chat. “You ain’t seen nothing yet.” Between January 10 and January 14, the indictment says, Rhodes spent about $18,000 on firearm parts, accessories, and ammunition. But apparently nothing came of whatever Rhodes might have been planning. He was not arrested until.. a year after the spending spree described in the indictment.”
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“On Election Day, Rhodes publicly advised Oath Keepers to “stock up on ammo” and prepare for a “full-on war in the streets” if Biden were declared the winner. A week later, Rhodes posted a “call to action” under the headline “WHAT WE THE PEOPLE MUST DO.” It described elements of the revolt against Milosevic, which included not only “peaceful protests” and “complete civil disobedience” but also “swarm[ing] the streets,” “confronting the opponents,” “storm[ing] the Parliament,” and “burn[ing] down fake state Television.”
In a December 23, 2020, message on the Oath Keepers website, Rhodes said “tens of thousands of patriot Americans, both veterans and non-veterans, will already be in Washington D.C., and many of us will have our mission-critical gear stowed nearby just outside D.C.” He warned that he and likeminded patriots might have to “take to arms in defense of our God given liberty.”
So much for staying below the radar. Rhodes’ lack of discretion was not his only problem. It remains unclear exactly how he hoped to keep Trump in power.”
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“The plan, evidently, was to “scare the shit” out of Congress with a show of force that would persuade legislators to reject electoral votes for Biden. But in the end, the Oath Keepers merely joined a riot that was already in progress, and the riot itself accomplished nothing but an interruption that delayed ratification of Biden’s victory until that night.”
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“The sedition charges do not require that the defendants had any realistic hope of success. Assuming the allegations are true, Rhodes et al. did indeed conspire to use force to “prevent, hinder, or delay” the execution of Congress’ constitutional and statutory obligations to certify the election results. And in addition to the sedition counts, which are punishable by up to 20 years in prison, the defendants face various other charges, including conspiracy to obstruct an official proceeding, assault, destruction of government property, interference with law enforcement, and tampering with evidence (mainly by erasing incriminating data on their cellphones).
The Justice Department estimates that as many as 2,500 people may ultimately face charges in connection with the Capitol riot. Most of them will be more like Gonzalez, the “Capitol Doobie Smoker,” than Rhodes and his followers, who had ambitious but inept plans that ultimately amounted to little more than a sideshow in a much broader spasm of vandalism and violence that was itself utterly futile.”
“I’m very supportive of efforts to either essentially bribe localities into doing the right thing through a Race to the Top program if you don’t reduce exclusionary zoning. I think that’s a good effort, but I think that the Economic Fair Housing Act offers something both substantively and politically that’s better.
I think part of the problem with the existing federal proposals is that they suggest that exclusionary zoning is bad policy because it blocks opportunity and makes housing less affordable and damages the planet. All of those things are true, but what I think the Economic Fair Housing Act tries to do is say it’s not just bad policy, it’s immoral for governments to erect barriers that exclude and discriminate based on income … because it’s shameful what’s going on.”
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“In the 21st century, segregated communities are kept that way not through laws that explicitly attempt to keep certain areas white but through a more insidious method — exclusionary zoning and land-use regulations that make it illegal to build affordable types of housing, laws that allow wealthy Americans to block things from being built, and a failure to consistently use federal civil rights laws to desegregate.
All of this has resulted in the prices of housing and rent skyrocketing. Over the last year, diminished supply as a result of these laws has pushed the cost of shelter higher than ever, straining the pockets of working-class, middle-class, and even some high-income Americans.”
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“In certain communities, there is still an intent to segregate by race, so I don’t want to downplay that, but having said that, there’s certainly evidence that the issue of exclusionary zoning is not only about race.
We know in predominantly white communities that wealthy whites will use zoning to exclude lower-income whites. We also know, for example, in Prince George’s County, Maryland, a predominantly Black community, that there are efforts by wealthier Black people to exclude lower-income Black people through exclusionary zoning.
In some white, liberal communities, you will hear people say they are delighted to have a Black doctor or lawyer move in next door. And so they feel virtuous for no longer excluding directly based on race, without acknowledging that they’d be highly uncomfortable with working-class Black people or white people moving into the neighborhood.
So I think it’s important that we recognize that there’s exclusion going on by both race and class, which is why we need some new tools to beef up the existing laws.”
“The felony murder rule “divorces intent from consequence,” says Lara Bazelon, a professor of law at the University of San Francisco. “The concept is that, well, if you went along for the underlying felony, if you went along for the less serious act…then you’re just as guilty as [the murderer], even if you didn’t know that your co-defendant was armed, and even if you had no intent to kill yourself.”
That scenario is not a hypothetical. In May 2020, not long before Arbery’s convicted murderers were indicted, Jenna Holm was arrested on a manslaughter charge in Idaho, accused of killing a police officer after he arrived to respond to her apparent mental health crisis. But it wasn’t Holm who killed Bonneville County Sheriff’s Deputy Wyatt Maser—something the state conceded. It was another cop, who struck Maser in his vehicle when he drove onto the scene.
While an internal investigation revealed the officers disregarded safety procedures that night, the police eschewed introspection and set their sights on Holm, charging her with an “unlawful act” and tacking a manslaughter charge on top. (A judge recently struck it down, but only after Holm sat in jail for 16 months pre-trial.)
There are many more such stories. In December 2018, 16-year-old Masonique Saunders was charged with the felony murder of her boyfriend, who a police officer shot during the commission of a robbery. Because she allegedly helped plan that burglary, Ohio said the teen effectively killed her own partner. But perhaps the most iconic anecdote associated with the felony murder rule is the unfortunate story of Ryan Holle, who was sentenced to life in prison after he lent his car to some friends. Those friends then used it to commit a crime—also a burglary—which went horribly awry after one of the men found a firearm in the house they were robbing and used it to kill 18-year-old Jessica Snyder.
Holle was a mile and a half away from that scene, but he was treated no differently than Charles Miller, Jr., who saw that gun and spontaneously murdered Snyder. “Felony murder says you are just as liable, you are just as guilty as the person who pulled the trigger,” notes Bazelon. In 2015, Holle’s sentence was commuted to 25 years in prison; he will not be released until 2024.”
“The $1 trillion infrastructure bill that President Joe Biden signed into law..dumps a lot of new money into existing highway programs to be spent by state departments of transportation (DOTs).
The price tag of the bill—which includes $550 billion in new spending, $110 billion of which is earmarked for highways and bridges”
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“by mostly topping off existing programs, it will largely maintain a status quo where some states deploy their highway dollars effectively, while others continue to set them on fire in the hopes that that will produce better roads.”
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“That would include places like New Jersey, which ranked last in a report on state highway performance released by the Reason Foundation today.
The Garden State, per the report, spent $1,136,255 per mile of state-controlled road in 2019 while also having some of the worst urban congestion and pavement conditions in the country.
That’s well above more cost-effective states like Virginia. It managed to spend only $34,969 per mile of state-controlled roads while also having above average pavement quality and slightly worse-than-average congestion. (Virginia ranked second overall in the Reason highway report, right behind North Dakota.)”
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“Feigenbaum says part of New Jersey’s high expenditures can be chalked up to the high design quality of its highways, which have generally wider lanes and straighter curves in order to improve safety. (It ranks fourth in the Reason report in terms of overall fatality rate). But he also says a lot can also be explained by a cronyist state DOT that’s dominated by political appointees.
A state like Virginia has been able to keep up road quality while keeping overall road spending in line by having a more professionally run DOT, he says. It also makes heavy use of public-private partnerships, whereby private companies put in their own capital to rebuild or expand highways in return for being able to charge tolls on the lanes that they build, says Feigenbaum.
In keeping with its “spend more on the same old programs” nature, Biden’s new infrastructure bill does remarkably little to advance public-private partnerships or expand the interstate tolling that supports them.
The infrastructure bill does increase the amount of private activity bonds (tax-exempt bonds issued by a private company to fund an infrastructure project) that can be issued from $15 billion to $30 billion. It also reauthorizes a handful of limited programs that allow states to use tolls to reduce congestion or rebuild bridges. But it leaves in place a general prohibition on tolling interstate highways.
The overall trend in highway spending over the past decade has been higher spending and marginally improved roadway quality, says Feigenbaum, with some states standing out for either their innovations or their wastefulness.
The new infrastructure bill will likely produce more of the same.”
“Now that President Joe Biden has signed the Infrastructure Investment and Jobs Act (also known as the bipartisan infrastructure framework, or BIF) into law, the federal government faces a new challenge: getting the funds out to states and cities.
In the coming months — and years — federal agencies will distribute billions of dollars for everything from bridge repairs to public transit expansions to bike paths. Most of this money will go directly to state governments, which will have significant discretion over which projects they’d like to fund.”