What Harris Got from Biden During Her Job Interview
https://www.politico.com/news/magazine/2020/08/13/joe-biden-kamala-harris-relationship-395160
The murder spike in big US cities, explained
https://www.vox.com/2020/8/3/21334149/murders-crime-shootings-2020-coronavirus-pandemic
Covid-19 is pushing red states to finally expand Medicaid
“For the second time this summer, voters in a solidly Republican state have decided now is the moment to expand Medicaid coverage through the Affordable Care Act.
Missouri voters passed a ballot initiative to expand Medicaid during Tuesday’s primary elections; 53 percent of voters supported the measure and 47 percent opposed it. That vote comes about a month after Oklahoma voters also decided to expand Medicaid via ballot referendum by less than 1 percentage point.
Once the expansion takes effect in those two states next year, an estimated 340,000 people who currently have no affordable health insurance option will become eligible for Medicaid. That still leaves nearly 2 million people in 12 states nationwide who are stuck in the Medicaid expansion gap — ineligible for coverage because their state refuses to expand the program but with an income too low to qualify for tax credits to buy private insurance — but it is yet another step toward the universal Medicaid expansion Obamacare authors envisioned. In the last few years, voters in Idaho, Maine, Nebraska, and Utah have also approved Medicaid expansion via ballot initiative.”
How inequality is changing the Republican Party — and breaking American politics
“The most compelling evidence Hacker and Pierson cite for this argument comes from a study conducted by political scientists Margit Tavits and Joshua Potter, which looked at party platforms from 450 parties in 41 countries between 1945 and 2010. Tavits and Potter find that as inequality rises, conservative parties ratchet up their emphasis on religious and racial grievances — particularly in countries with deep racial and religious fractures. The pivot only works, Tavits and Potter say, when there is high “social demand” for ethnonationalist conflict.”
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“If you survey the modern Republican Party, the figures most intent on turning it into a vehicle for ethnonationalist resentment are the least committed to the plutocratic agenda. Steve Bannon, Tucker Carlson, Sen. Josh Hawley, and 2016 candidate Donald Trump are all examples of the trend: They are, or were, explicit in their desire to sever the ties that yoke angry nationalism and a desire for a whiter America to Paul Ryan’s budget.
Conversely, the Republican figures most committed to plutocracy — like Ryan or the Koch brothers or the Chamber of Commerce — tend to back immigration reform and recoil from ethnonationalist rhetoric, and in 2016, they opposed Trump in favor of Jeb Bush and Chris Christie and Marco Rubio. They just lost on all those fronts.
Hacker and Pierson emphasize the fact that once in office, Trump abandoned populist pretense and gave the Chamber of Commerce everything it had ever wanted and more. But, as with so much else with Trump, it can be hard to distinguish decision-making from disinterest. Trump outsourced the staffing of his White House to the Koch-soaked Mike Pence and his agenda to congressional Republicans. The question, then, is whether the dissonance of his administration represents an inevitability of Republican Party politics or simply a lag between Trump demonstrating the base’s prioritization of ethnonationalist resentment and a politician who will both win and govern on those terms.”
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“At key moments, Fox News tried to support immigration reform and deflate Trump, and it lost those fights and remade itself in Trump’s image. There are lines even conservative media can’t cross.”
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“As Hacker and Pierson show, this is a point of true convergence between the identitarians and the plutocrats: Both have lost confidence that they can win elections democratically, so they have sought to rewrite the rules in their favor. What hold on power they retain comes from the way American politics amplifies the power of whiter, more rural, more conservative areas — and that’s given the conservative coalition a closing window in which to rig the system such that they can retain control.
America does not exist in a steady state of tension between majoritarian and minoritarian institutions. Those institutions can be changed, and they are being changed. A party in power can rewrite the rules in its own favor, and the Republican Party, at every level, is trying to do just that — using power won through white identity politics and geographic advantage, but deploying strategies patiently funded by plutocrats. As Hacker and Pierson write:
“Recent GOP moves in North Carolina show what’s possible in a closely balanced state. Republicans first took the statehouse in 2010. They quickly enlisted the leading Republican architect of extreme partisan gerrymanders, Thomas Hofeller. A mostly anonymous figure until his death in 2018, Hofeller liked to describe gerrymandering as “the only legalized form of vote-stealing left in the United States.” He once told an audience of state legislators, “Redistricting is like an election in reverse. It’s a great event. Usually the voters get to pick the politicians. In redistricting, the politicians get to pick the voters.” In 2018, North Carolina Republicans won their “election in reverse,” keeping hold of the statehouse even while losing the statewide popular vote. In North Carolina’s races for the US House, Republicans won half the statewide votes and 77 percent of the seats. A global elections watchdog ranked North Carolina’s “electoral integrity” alongside that of Cuba, Indonesia, and Sierra Leone.””
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“History shows that democratic systems thrive amid responsible conservative parties — parties that make their peace with democracy and build agendas that can successfully compete for votes — and they collapse when conservative parties back themselves into defending constituencies and agendas so narrow that their only path to victory is to rig the system in their favor.
This is the cliff on which American democracy now teeters. The threat isn’t that Donald Trump will carve his face onto Mount Rushmore and engrave his name across the White House. It’s that the awkward coalition that nominated and sustains him will entrench itself, not their bumbling standard-bearer, by turning America into a government by the ethnonationalist minority, for the plutocratic minority.”
Performative masculinity is making American men sick
“Poll after poll, most recently a Gallup poll from July 13, has found American men are more likely to not wear masks compared to women. Specifically, the survey found that 34 percent of men compared to 54 percent of women responded they “always” wore a mask when outside their home and that 20 percent of men said they “never” wore a mask outside their home (compared to just 8 percent of women).”
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“Glick and Reny echoed a sentiment that health experts I spoke to in July said: To get people to change behavior, masks have to become a socially accepted norm. Once people start accepting masks as normal behavior, like they do wearing seat belts and not smoking indoors, the number of people going against the norm decreases.
Getting to that tipping point is a lot easier said than done.”
America is failing Black moms during the pandemic
“Black women are disproportionately impacted, dying in childbirth at three to four times the rate of white women.”
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“Many factors contribute to overall maternal mortality in the US, from underlying conditions like diabetes to a lack of adequate health insurance. All of these disproportionately impact Black women — Black Americans, for example, are 60 percent more likely than whites to be diagnosed with diabetes. And 11.5 percent of Black Americans were uninsured as of 2018, compared with just 7.5 percent of whites.”
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“For Black women, “even when we get prenatal care,” Crear-Perry explained, “even when we are normal weight and not obese, even when we have no underlying medical conditions, we are still more likely to die in childbirth than our white counterparts.” In New York City, for example, a 2016 study found that Black patients with a college education were more likely to have pregnancy or childbirth complications than white patients who hadn’t graduated from high school.”
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“Part of the issue is that providers treat Black patients differently from white ones. Black women and other women of color often aren’t listened to when they express pain or discomfort, Jamila Taylor, director of health care reform at the Century Foundation, told Vox.
Racist beliefs about people’s bodies and their ability to experience pain are shockingly widespread: Half of the white medical students and residents surveyed in one 2016 study, for example, believed at least one myth about racial differences in pain perception, such as the idea that Black people’s nerve endings are less sensitive than white people’s. The more myths someone believed, the more likely that person was to underestimate a Black patient’s pain.”
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“Advocates have long been calling for greater access to non-hospital births, whether at a birthing center or at home, as a way to combat the discrimination Black patients and other patients of color can face in hospital settings. “Other countries that have better outcomes than we do create a system and a network of birth centers and home births that allow for people to make choices based upon their needs,” Crear-Perry said.”
The American right’s favorite strongman
“After winning Hungary’s 2010 election, the prime minister systematically dismantled the country’s democracy — undermining the basic fairness of elections, packing the courts with cronies, and taking control of more than 90 percent of the country’s media outlets. He has openly described his form of government as “illiberal democracy,” half of which is accurate.
Since the coronavirus, Orbán’s authoritarian tendencies have only grown more pronounced. His allies in parliament passed a new law giving him the power to rule by decree and creating a new crime, “spreading a falsehood,” punishable by up to five years in prison. The Hungarian government recently seized public funding that opposing political parties depend on; through an ally, they took financial control of one of the few remaining anti-Orbán media outlets. In May, the pro-democracy group Freedom House officially announced that it no longer considered Hungary a democracy.”
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“Religious conservatives find Orbán’s social policies to be a breath of fresh air. Orbán has given significant state support to Hungary’s churches, officially labeling his government a “Christian democracy.” He provided generous subsidies to families in an effort to get Hungarian women to stay at home and have more babies. He launched a legal assault on progressive social ideals, prohibiting the teaching of gender studies in Hungarian universities and banning transgender people from legally identifying as anything other than their biological sex at birth.
Conservative nationalists focus on the Hungarian approach to immigration and the European Union. During the 2015 migrant crisis, Orbán was the most prominent opponent of German Chancellor Angela Merkel’s open borders approach; he built a wall on Hungary’s southern border with Serbia to keep refugees from entering. He has repeatedly denounced the influence the EU has on its member states, describing one of his governing aims as preserving Hungary’s national character in the face of a globalist onslaught led by Brussels and philanthropist George Soros.
For Western conservatives of a religious and/or nationalist bent, Orbán is the leader they wish Donald Trump could be — smart, politically savvy, and genuinely devoted to their ideals. Hungary is, for them, the equivalent of what Nordic countries are for the American left: proof of concept that their ideas could make the United States a better place.
Yet while the Nordic countries are among the world’s freest democracies, Hungary has fallen into a form of autocracy.”
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“Orbán and much of his inner circle are lawyers by training; they have used this expertise to set up a political system that looks very much like a democracy, with elections and a theoretically free press, but isn’t one. This gives intellectually sympathetic Westerners some room for self-delusion. They can examine Hungary, a country whose cultural politics they admire, and see a place that looks on the surface like a functioning democracy.”
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“If these thinkers continue to insist that Hungary is just another democracy — despite copious evidence to the contrary — how can we expect them to call out the same, more embryonic process of authoritarianism happening at home? If American conservatives won’t turn on a foreign country’s leadership after it crosses the line, what reason would we have to believe that they’d be capable of doing the same thing when the stakes for them are higher and the enemies more deeply hated?”
A devastating indictment of the Republican Party from a GOP insider
“For 30 years, Stuart Stevens was one of the most influential operatives in Republican politics. He was Mitt Romney’s top strategist in 2012, served in key roles on both of George W. Bush’s presidential campaigns, and worked on dozens of congressional and gubernatorial campaigns — building one of the best winning records in politics. Then Stevens watched his party throw its support behind a man who stood against everything he believed in, or thought he believed in.
Most dissidents from Trumpism take a familiar line: They didn’t leave the Republican Party, the Republican Party left them. But for Stevens, Trump forced a more fundamental rethinking: The problem, he believes, is not that the GOP became something it wasn’t; it’s that many of those within it — including him — failed to see what it actually was. In Stevens’s new book, It Was All a Lie, he delivers a searing indictment of the party he helped build, and his role in it.”
A top Hong Kong pro-democracy figure was arrested. Beijing isn’t playing around.
“Hong Kong authorities arrested a prominent pro-democracy media mogul on Monday, another sign that the sweeping national security law imposed by China last month is stifling the territory’s freedoms.
Jimmy Lai was detained Monday over allegations of colluding with foreign powers. Lai is the found and owner of Next Digital, which publishes Apple Daily, a Hong Kong publication that has backed the pro-democracy protests. Lai himself has been outspoken in his support for the pro-democracy camp and has been arrested before for allegedly participating in an unauthorized pro-democracy protest.
Two of Lai’s sons were also arrested Monday, along with Cheung Kim-hung, Next Digital’s CEO. Agnes Chow, a high-profile leader in Hong Kong’s democracy movement, was also detained. In total, Hong Kong authorities said at least 10 people, ages 23 to 72, were arrested on national-security and other charges, including advocating for foreign sanctions.
Lai is one of the most notable figures arrested under the new national security law that went into effect July 1. The law gives China broad powers to crack down on dissent, which includes loosely defined crimes of “secession, subversion, organization and perpetration of terrorist activities, and collusion with a foreign country or with external elements.” It also carries harsh penalties, including the potential for life imprisonment.”
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“When Britain handed Hong Kong over to China in 1997, it was with the promise that Beijing would honor Hong Kong’s quasi-independence until at least 2047, under the rule known as “one country, two systems.”
China, though, had for years chipped and chipped away at Hong Kong’s freedoms. Now, the national security law has rapidly and dramatically accelerated the erosion of Hong Kong’s autonomy. When it went into effect in July, Victoria Tin-bor Hui, a political science professor at Notre Dame University, called it the “complete and total control of Hong Kong and total destruction of Hong Kong’s system.”
The national security law now means everything is happening out in the open, which is targeting what the Chinese Communist Party sees as the opposition — and sending a very clear message to everyone else who might back them.”
The Supreme Court’s enigmatic “shadow docket,” explained
“Last week, the Supreme Court handed down a 5-4 decision blocking a lower court’s order requiring a California jail to take several steps — such as socially distancing inmates and providing them with “hand sanitizer containing at least 60% alcohol” — to prevent the spread of Covid-19 within the jail.
I have no idea why the Supreme Court would do such a thing, and neither does anyone else who isn’t a justice or one of their closest advisers.
The reason for our ignorance is that the five justices in the majority — all five of the Court’s Republicans — didn’t bother to explain their decision. The entirety of the Court’s order in Barnes v. Ahlman is a single paragraph of boilerplate language, informing the reader that “the district court’s May 26, 2020 order granting a preliminary injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition” of a petition asking the justices to fully review this case.
Hundreds of incarcerated people could become infected with a potentially deadly disease. And the Supreme Court won’t even tell us why.
Welcome to the Court’s “shadow docket.”
The term “shadow docket” was coined by University of Chicago law professor William Baude in an influential 2015 article. It refers to “a range of orders and summary decisions that defy [the Court’s] normal procedural regularity.” Often these orders are handed down without any explanation from the majority, or without much advance notice from the Court. Frequently they are handed down on Friday evenings, after at least some of the Supreme Court press corps are already a couple of beers into their weekends.
Because shadow docket cases are often released without a majority opinion explaining the Court’s reasoning, they have less impact on legal doctrine than most ordinary decisions. Judges are bound by the Court’s majority opinions, but a lower court judge can’t follow an opinion that doesn’t exist.
Nevertheless, the stakes in shadow docket cases — which often arise after a party files an emergency request asking the Court to block a lower court order — can be enormous. The decision in Barnes endangers the health of thousands of inmates. Other shadow docket decisions concern billions of dollars. Or they can effectively lock thousands of immigrants out of the country.”
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“The Court, meanwhile, has shifted an increasing share of its output to this often inscrutable shadow docket. In the past year, Justice Sonia Sotomayor has written several strongly worded dissents warning that her colleagues are bypassing safeguards intended to prevent the Court from handing down cursory, insufficiently thought-out decisions — and that they often do so to benefit the Trump administration.”
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“Unlike cases on the Court’s regular docket, shadow docket cases receive very limited briefings and are rarely, if ever, argued before the justices. Though the justices will often discuss these cases among themselves, they frequently do so on an extraordinarily compressed schedule — leaving far less time for reasoned debate. That’s often true because shadow docket cases frequently arise from emergency requests asking the Court to grant swift and immediate relief, meaning that the justices will only spend days or even hours pondering how to rule on such a request.”
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“There’s a common phrase within the judiciary. When a judge initially thinks a case should come down one way, but then they start writing their opinion and realize they can’t come up with a legally sound argument justifying that outcome, they say that the opinion “won’t write.” The ordinary requirement that judges explain their decisions in reasoned opinions can be a tremendous check on judicial power. It discourages those judges from ruling in arbitrary ways.
As Margulies told me, “there are some opinions that just aren’t going to work out” once a justice has taken sufficient time to reason through how to decide the case. But if the Supreme Court pushes too many of its decisions onto its shadow docket, the justices in the majority may never figure out that their first instinct regarding how to decide a case was flawed.”
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“the Supreme Court has historically applied a strong presumption against second-guessing lower court judges when a case arrives on the Court’s shadow docket. As Justice Sotomayor wrote in a dissenting opinion in Wolf v. Cook County, one of several recent decisions where she criticized her colleagues for being too eager to stay lower court opinions, “stay applications force the Court to consider important statutory and constitutional questions that have not been ventilated fully in the lower courts, on abbreviated timetables and without oral argument.”
A Supreme Court order blocking a lower court decision has historically been considered an “extraordinary” event, Sotomayor explained. But they’ve become increasingly common in the Trump years.”