“Bostock is, undoubtedly, a major victory for LGBTQ rights — before Bostock, it was still legal for employers to discriminate on the basis of sexual orientation or gender identity in most states.
But it is unclear whether Bostock will entirely ban workplace discrimination on the basis of sexual orientation or gender identity. That’s because the Court is also considering whether to grant employers with religious objections to LGBTQ people an exemption from anti-discrimination laws.”
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“Gorsuch is a vocal proponent of “textualism,” the belief that the meaning of a law turns on its words alone, not on the intentions of the law’s drafters.”
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“In Bostock, the Court considered Title VII of the Civil Rights Act of 1964, which forbids employment discrimination that occurs “because of [an employee’s] race, color, religion, sex, or national origin.” Though there is little doubt that the people who drafted this law in 1964 did not believe they were enacting a ban on LGBTQ discrimination, the thrust of Gorsuch’s opinion is that the expectations of lawmakers in 1964 simply do not matter.
Only the text of Title VII matters. And, as Bostock explains at length, that text clearly prohibits employment discrimination on the basis of sexual orientation or gender identity. Gorsuch lays out why in just five crisp sentences on the first page of his majority opinion:
” In Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.””
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“a 6-3 opinion. Both Gorsuch, a Trump appointee, and Chief Justice John Roberts, a conservative appointed by President George W. Bush, joined the majority. Roberts joined Gorsuch’s opinion in full and did not write a separate opinion. Neither man has shown much sympathy for LGBTQ rights plaintiffs in the past.”
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“the sheer force of the plaintiffs’ textual arguments in Bostock appears to have weighed heavily on both men. At the very least, Bostock suggests that this conservative Supreme Court can follow the clear text of a law, even when that reading points in a liberal direction.”
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“”Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague.””
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“”Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee’s sex plays an unmistakable and impermissible role in the discharge decision.””
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“The text of the law is the only thing that matters in Bostock. As Gorsuch concludes his opinion, “ours is a society of written laws,” and that means that “judges are not free to overlook plain statutory commands on the strength of nothing more than suppositions about intentions or guesswork about expectations.” Because Congress “adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee,” the Court must hold that anti-LGBTQ discrimination in the workplace is illegal.”
“Section 230, the law that is often credited as the reason why the internet as we know it exists, could be facing its greatest threat yet. A seemingly coordinated attack on the law is unfolding this week from the Trump administration and Republicans in Congress. It follows complaints that platforms such as Facebook, Twitter, and YouTube unfairly censor conservative speech. Though some are framing the efforts as a way to promote free speech, others say the result will be exactly the opposite.
Following President Trump’s executive order aimed at social media companies he thinks are censoring right-wing voices, the most direct actions taken against Section 230 arrived this week in the form of a new bill from Sen. Josh Hawley and a set of recommendations from Attorney General Bill Barr.
Hawley, a 40-year-old Republican from Missouri who has made no secret of his intentions regarding Section 230, is proposing a bill that would require large platforms to enforce their rules equally to stop a perceived targeting of conservatives and conservative commentary. Hawley is also rumored to be preparing another Section 230-related bill to add to his growing collection.
Meanwhile, Barr’s Department of Justice said it is calling for new legislation that, in certain cases, would remove the civil liability protections offered by Section 230. If platforms like Facebook, Google, and Twitter somehow encouraged content that violates federal law, these platforms would be treated as “bad samaritans” and would lose the immunity offered by Section 230. Like Hawley’s bill, the DOJ’s proposed rules would also force platforms to clearly define and equally enforce content rules.
Civil rights advocates say they’re concerned that some of these proposed measures may end up becoming law, leading to all sorts of unintended consequences and stifling speech — which will ultimately punish internet users far more than the websites.”
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“Section 230 is part of the Communications Decency Act of 1996. It says internet platforms that host third-party content are not civilly liable for that content. There are a few exceptions, such as intellectual property or content related to sex trafficking, but otherwise the law allows platforms to be as hands-off as they want to be with user-generated content.
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“If a Twitter user were to tweet something defamatory, the user could be sued for libel, but Twitter itself could not.”
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“If these sites could be held responsible for the actions of their users, they would either have to strictly moderate everything those users produce — which is impossible at scale — or not host any third-party content at all. Either way, the demise of Section 230 could be the end of sites like Facebook, Twitter, Reddit, YouTube, Yelp, forums, message boards, and basically any platform that’s based on user-generated content.”
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“The consequences of changing Section 230 will inevitably change the internet and what we’re allowed to do on it. Ruane, from the ACLU, points to the impact of FOSTA-SESTA, which she says “has been a complete and total disaster,” and its unintended consequences as a guide for what we can expect. Faced with the new law, online platforms didn’t seek to target specific content that might relate to or facilitate sex trafficking; they simply took down everything sex or sex work-related to ensure they wouldn’t get in trouble.
“It was only supposed to apply to advertisements for sex trafficking. That is absolutely not what happened,” Ruane said. “All platforms adopted much broader content moderation policies that applied to a lot of LGBTQ-related speech, sex education-related speech, and … sites where [sex workers] built communities where they shared information to maintain safety.””
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“laws that force platforms to be “politically neutral” may not encourage more speech, as conservatives who favor those laws claim, but rather suppress it. Facebook has taken a similar stance, saying on Wednesday that changing Section 230’s liability protections would “mean less speech of all kinds appearing online.”
Section 230 won’t change tomorrow, if it changes at all. But a series of seemingly coordinated attacks from two of the three branches of government certainly shows some momentum toward the possibility of change.”
“discretionary DOJ grants to state and local law enforcement agencies will now be conditioned on whether police departments have obtained (or are in the process of obtaining) credentials certifying that they meet certain training standards. The credentialing process will emphasize use-of-force and deescalation trainings, and department policy must prohibit chokeholds — unless an officer’s life is at risk — in order to meet certification standards.”
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“The second major provision of the order states that the Justice Department will create a national database to track misconduct by police officers, and that discretionary funding will be available only to those law enforcement agencies that provide the requested information. Additionally, the DOJ will “regularly and periodically make available to the public aggregated and anonymized data from the database.””
“police killings are not the whole story. The protests, and all the policy recommendations that have come with them, are pushing back against other systemic problems too.
Some of those injustices are specific and quantifiable: shootings, unfair traffic stops, arbitrary arrests. Others are vague but no less concerning: feeling you have no recourse for complaints about police, the calculus that can go into the decision to call 911, the sense that an investigation into a reported crime won’t be prioritized, the nervousness and fear that must be tamped down as one works to stay calm and keep an officer calm — all while wondering if you are living your final moments.
Not all of these problems can be measured. The number of police killings per year is a statistic that can be tabulated and broken down into easily digested parts: killings per region, per department, per time of day, per ethnicity. But how police make people feel is not quite as easily captured in data. There are ways to try — surveys asking whether officers make one tense or whether one trusts law enforcement — but such questions offer limited insight into what is causing those results or what effect they have.
Meanwhile, the issues behind the answers to those surveys do have a clear effect: They leave many black Americans frustrated with and fearful of police.”
“The Supreme Court’s decision to keep the Deferred Action for Childhood Arrivals program alive for now is a victory for hundreds of thousands of unauthorized immigrants who came to the US as children. But it’s a temporary victory — far from the permanent protections they have awaited for nearly two decades.
The unexpected decision may have assured DACA recipients that they can continue to live and work in the US free of fear of deportation for another day. But their victory is, legally speaking, quite narrow, and it gives Trump plenty of leeway to move forward with terminating the program, which has protected some 670,000 DREAMers.
The justices wrote in their opinion that Trump would have to articulate a more robust rationale for terminating the program. He’s already claiming on Twitter that he still wants to end DACA, but it’s not likely that he could do so before the presidential election or even Inauguration Day in 2021.”
“During a national crisis, so many people feel moved to give, and that’s great. But it’s best if we don’t all heap money on the same charity. After a certain point, a nonprofit runs out of “room for more funding,” meaning it has enough money to fund all of the work it’s good at doing, so more donations may not be used effectively.”
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“It’s also worthwhile to think hard about which causes are being neglected. If bail funds suddenly become hot, do more research into adjacent or underlying issues. Donating to a group that advocates for ending the cash bail system altogether (as MFF does) might actually become a more appealing option. That’s a broader, more systemic change than bailing out a few dozen protesters right now, but it may well do more good in the long term.”
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“MFF plans to apply this long-game thinking to its work going forward. It’ll use its $30 million to push for systemic change, including abolishing money bail and overhauling immigration detention. That was always its mission, stated on its website for all to see. The complaint among some donors that this mission isn’t what they signed up for highlights, more than anything, the importance of doing due diligence before donating and adopting a rigorous approach to giving.”
“The US does not actually have a national grid. Our grid is instead split into three regions — the western interconnection, the eastern interconnection, and, uh, Texas — that largely operate independently and exchange very little power.”
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“this is a barrier preventing all sorts of efficiencies.”
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“87 percent of the nation’s total wind energy potential and 56 percent of its utility-scale solar potential, but are only projected to account for 30 percent of the nation’s energy demand in 2050.”
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“The way to balance this out — to make sure that every region is producing as much renewable energy as possible and that the energy is put to good use — is to connect these regions with high-voltage transmission lines. The more each region can import and export electricity, the more it can balance its own fluctuations in supply and demand with its neighbors’ and maximize the use of renewable energy.”
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“Clack and his co-authors also found that weaving the regionally divided power system into a single national system would save consumers around $47.2 billion a year through increased efficiency and cheaper renewable energy.”
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“The best way to build resiliency against these events, which are increasing in frequency due to climate change, is to connect the regions of the country into a single national grid, so that regions facing difficulty can draw power from neighbors who aren’t.”
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“investment into a national grid would create thousands of construction and maintenance jobs.”
“A small town in Siberia reached a temperature of 100.4 degrees Fahrenheit on Saturday, which, if verified, would mark the hottest temperature ever recorded north of the Arctic Circle.
Temperatures have jumped in recent months to levels rarely seen in the Russian region, and it’s a sign of a broader trend of human-caused climate change that’s transforming weather patterns in the Arctic Circle.
The town of Verkhoyansk is one of the coldest towns on Earth — temperatures dropped to nearly 60 degrees below zero there this past November — and the average June high temperature is 68 degrees.
The 100.4 reading in Verkhoyansk, which sits farther north than Fairbanks, Alaska, would be the northernmost 100-degree reading ever observed.”
“Most of the time, the story our brains generate matches the real, physical world — but not always. Our brains also unconsciously bend our perception of reality to meet our desires or expectations. And they fill in gaps using our past experiences.
All of this can bias us. Visual illusions present clear and interesting challenges for how we live: How do we know what’s real? And once we know the extent of our brain’s limits, how do we live with more humility — and think with greater care about our perceptions?”
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“The stories our brains tell us about reality are extremely compelling, even when they are wrong.”
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““The dirty little secret about sensory systems is that they’re slow, they’re lagged, they’re not about what’s happening right now but what’s happening 50 milliseconds ago, or, in the case for vision, hundreds of milliseconds ago,” says Adam Hantman, a neuroscientist at Howard Hughes Medical Institute’s Janelia Research Campus.
If we relied solely on this outdated information, though, we wouldn’t be able to hit baseballs with bats, or swat annoying flies away from our faces. We’d be less coordinated, and possibly get hurt more often.
So the brain predicts the path of motion before it happens. It tells us a story about where the object is heading, and this story becomes our reality. That’s what’s likely happening with Cavanagh’s illusion. It happens all the time.”
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“The brain tells us a story about the motion of objects. But that’s not the only story it tells. It also tells us stories about more complicated aspects of our visual world, like color.”
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“When we think an object is being bathed in blue light, we can filter out that blue light intuitively. That’s how many of these color illusions work. We use surrounding color cues and assumptions about lighting to guess an object’s true color. Sometimes those guesses are wrong, and sometimes we make different assumptions from others.”
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“Night owls, or people who like to go to bed really late and wake up later in the morning, are more likely to see the dress as black and blue. Larks, a.k.a. early risers, are more likely to see it as white and gold. What’s going on?
Wallisch believes the correlation is rooted in the life experience of being either a lark or a night owl. Larks, he hypothesizes, spend more time in daylight than night owls. They’re more familiar with it. So when confronted with an ill-lit image like the dress, they are more likely to assume it is being bathed in bright sunlight, which has a lot of blue in it, Wallisch points out. As a result, their brains filter it out. “If you assume it’s daylight, you will see it as white and gold. Because if you subtract blue, yellow is left,” he says.”
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“The owls versus lark data seems quite compelling for explaining a large part of the individual differences,” Schwarzkopf says. But not all of it. “There are still lots of other factors that must have a strong influence here.”
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“we have no way of knowing how our experiences guide our perception. “Your brain makes a lot of unconscious inferences, and it doesn’t tell you that it’s an inference,” he explains. “You see whatever you see. Your brain doesn’t tell you, ‘I took into account how much daylight I’ve seen in my life.’””
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“Sometimes, especially when the information we’re receiving is unclear, we see what we want to see. In the past, researchers have found that even slight rewards can change the way people perceive objects.”
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“In a more complex example, Balcetis has found that when she tells study participants to pay attention to either an officer or a civilian in a video of a police altercation, it can change their perception of what happened (depending on their prior experience with law enforcement and the person in the video with whom they more closely identified). “That instruction changes what their eyes do,” Balcetis told me last summer. “And it leads them to a different understanding of the nature of the altercation.”
You can’t completely remove bias from the brain. “You can’t change the fact that we’ve all grown up in different worlds,” Balcetis said. But you can encourage people to listen to other perspectives and be curious about the veracity of their own.”
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“Just as we can look at an image and see things that aren’t really there, we can look out into the world with skewed perceptions of reality. Political scientists and psychologists have long documented how political partisans perceive the facts of current events differently depending on their political beliefs. The illusions and political thinking don’t involve the same brain processes, but they follow the similar overarching way the brain works.”
“The GOP bill requires additional disclosures about the use of force, codifies reporting requirements on the use of “no knock warrants,” provides incentives for chokehold bans and makes lynching a federal crime.
The Democratic proposal, led in the Senate by Booker and Harris, would ban chokeholds and no knock warrants in federal drug cases. It would also limit qualified immunity for police officers to make it easier to sue police — something Democrats argue is key to holding police officers accountable for misconduct, but which most Republicans won’t consider.”