“Do state courts have the power to interpret their own state constitutions? The Supreme Court could be poised to say “no” — at least when it comes to redistricting and election law.
Last week, the Supreme Court agreed to hear the case Moore v. Harper in the coming fall term. In that case, Republican legislators in North Carolina are asking the court to overturn the state Supreme Court’s decision to throw out their gerrymandered congressional map and impose one of the court’s own.
Their argument rests on an extreme reading of the elections clause of the U.S. Constitution that posits that only state legislatures and Congress have the authority to decide how federal elections are run. Under this school of thought, known as the “independent state legislature” theory, state courts would no longer be able to intervene — even when a legislature violated the state’s constitution, as was found to be the case in North Carolina.
The independent state legislature theory is fewer than 25 years old, and for most of its life, it’s been relegated to the fringes of academia. But it was widely promoted by former President Donald Trump and his allies as they attempted to first undermine — and then overturn — the outcome of the 2020 presidential election. And several Supreme Court justices have already suggested that they’re on board with the theory. During litigation over election laws in Pennsylvania and Wisconsin in 2020, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch endorsed some version of the idea that state legislatures should have nearly unfettered power over how federal elections are run, and earlier this year, they said in an emergency-docket ruling that they would have ruled in favor of the North Carolina legislature.
If the Supreme Court sides with North Carolina Republicans in this case, it would have massive implications for election law. Depending on how the court rules, state courts might no longer be allowed to strike down legislatures’ proposed congressional maps for being gerrymandered. And if this happens, the way American elections are conducted would change in dramatic and destabilizing ways.”
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“An extreme embrace of the theory by the Supreme Court would hand legislatures power over every aspect of how federal elections are run, to the exclusion of not only state courts but also possibly other state actors like governors and election administrators. “It would be a voter suppressor’s fever dream,” Wolf said.”
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“the impact wouldn’t stop at redistricting. The Constitution’s elections clause also covers every aspect of how federal elections are run. That includes the 56 voting restrictions passed since the 2020 election — laws that require ID in order to vote, discourage absentee voting, move up voter deadlines, cut early voting, purge voters from the rolls and ban giving food and water to voters waiting in line.”
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“Similarly, courts would not be able to unilaterally change federal election laws in an emergency, like the Pennsylvania Supreme Court did in 2020 when it extended the deadline for absentee ballots to be received amid widespread delays in postal service. “If the state legislature says, ‘Polls close at 7 p.m.,’ and on Election Day, there’s a hurricane and the [state] Supreme Court says, ‘Keep them open until 10,’ the legislature wins,” Vladeck said.”
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“Some Trump allies have also argued that the independent state legislature theory empowers legislatures to appoint an alternate set of state electors — which, in 2020, could have overturned the presidential election. However, Leah Litman, a law professor at the University of Michigan, said that it’s important to remember that even the independent state legislature theory doesn’t mean state legislatures would be completely unchecked, because the U.S. Constitution would still apply. But she added that part of what alarms her about the theory is that it’s so unclear what embracing it would actually do. “It’s just kind of a mess,” she said of the theory. “We really don’t know what it would look like.””
“Part of the problem is that many buildings, highways, and other infrastructure in Europe are old and built with outdated temperature extremes in mind, said Mikhail Chester, an associate professor of engineering at Arizona State University. They simply can’t tolerate the new normal, he said. Hence things like railway fires in London.
Cities like Dubai and Phoenix, Arizona, in contrast, can withstand higher temperature extremes because their infrastructure was built more recently and with heat in mind. While these places may face issues related to water and energy usage, 100-degree weather isn’t as big of a problem for them, Chester said.”
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“Air conditioning is relatively rare in most of northern Europe, especially compared to the United States. The same is true of the London Tube — only 40 percent of the train network has air conditioning, and authorities warned commuters in the British capital to carry water with them if they traveled.”
https://www.vox.com/policy-and-politics/23306941/donald-trump-crimes-criminal-investigation-mar-a-lago-fbi-january-6-election-georgia-new-york
“In a July 2021 poll from YouGov/The Economist, a majority of Americans said the U.S. should send astronauts to the moon and Mars. This was true across political parties, with slim majorities for Democrats, Republicans and independents.
Most Americans are on the same page about funding space exploration, too. About a third of Democrats, Republicans and independents said government funding of space exploration should be kept the same, and about 40 percent of each group said funding should be increased.”
“I don’t know exactly what an inquisition into my wife’s miscarriages would have looked like. But I do know that it would have done nothing to ease her anguish. Abortion opponents won their victory in the Supreme Court, and now it’s on them to avoid making difficult situations much worse.”
“While there are many things that could go wrong at Zaporizhzhia, “the likelihood of an intentional attack on the [plant] that leads to a major nuclear disaster is low,” Ivanka Barzashka, founder and co-director of the King’s Wargaming Network at King’s College London, told Vox via email. “Moscow would have a lot to lose and nothing to gain from such an outcome, given the reactor’s proximity to Russian forces and population.” Furthermore, the plant is built to withstand direct attacks, as it’s constructed with reinforced concrete.
The real risks to the facility would more likely be due to human error, accidental shelling, or a lack of electricity to cool the nuclear material, according to Matthew Bunn, the James R. Schlesinger professor of the practice of energy, national security, and foreign policy at Harvard’s Kennedy School.
“The biggest concern is [the] cooling of a nuclear power plant,” Bunn told Vox. “In general, to avoid an accident at a nuclear power plant, you need to keep the reactor core under water, and the spent fuel and the spent fuel pool under water so they’re continuously cooled.” That cooling process requires electricity, which now comes from Ukraine’s external power grid. The Fukushima nuclear plant disaster in Japan, for example, occurred because of a tsunami which cut off-site electricity to the plant and destroyed the generators, making it impossible to cool the facility even though the reactor had undergone emergency shutdown.
However, as Bunn told Vox, a number of those lines have already been cut, increasing the possibility that Zaporizhzhia might have to rely on diesel-powered generators to support the cooling process. It’s unclear how much fuel those generators have, given that Russian forces have reportedly been siphoning off the fuel for their own purposes, Bunn said. “Diesel’s a highly sought commodity in any war zone,” he said. “There are supposed to be days of diesel at the site; we don’t know whether that’s still true or not.” The Ukrainian nuclear agency Energoatom said on Friday that Russian forces were seeking diesel to fuel the generators in case of power loss, according to Reuters.
In a worst-case scenario, the plant could lose power and the pumps circulating water to cool the reactor core and spent fuel pool would shut down. The heat that the reactor core and the spent material generate would then boil the surrounding water until it evaporates, exposing the reactor core “within hours,” Bunn said. “The fuel would then start to melt. Even if you shut the reactor down, some people refer to it as ‘the fire that doesn’t go out’ — the fuel still generates a lot of heat from the radioactive decay of the split atoms, what are called the fission products, in the fuel.”
However, a spent fuel fire — what Bunn referred to as the “very very worst case” — is unlikely given that there’s just not as much of it at Zaporizhzhia as there are at other sites; that’s because Zaporizhzhia used to send spent fuel to Russia for storage and reprocessing there. “That really only happens when you have fuel that’s pretty closely packed and really hot, having been released from the reactor fairly recently,” he said.
Even if the electricity supply holds, shelling could damage the facility, causing water to leak out of the plant and upsetting the cooling process. Alarmingly, the ongoing shelling has already done damage to the plant — including near a substation which prompted one of only two operating power lines to shut down on August 5.
As Bunn told Vox, the human element is critical in maintaining the plant’s safety. “The Ukrainian operators have been operating essentially at Russian gunpoint for months,” Bunn said. “[They are under] enormous psychological stress; many of them have sent their families away, they’re exhausted. Under those conditions, the possibility of human error in operating the plant is ever-present. They have been doing a heroic job, but people under stress make mistakes.”
Operators at the plant who have been able to speak to outside sources paint a harrowing picture. “What is happening is horrific and beyond common sense and morality,” plant staff wrote in a Telegram channel, according to the BBC. “The psychological situation is difficult,” a worker called Svitlana told the BBC. “Soldiers are walking everywhere with weapons and everyone is actually kept at gunpoint.””
“Gorsuch’s opinion presents Kennedy as “engaging in a brief, quiet, personal religious observance.” Sotomayor, who wrote the dissent, writes that this characterization is wrong, and Gorsuch’s description essentially downplays any potential coercive impacts of the prayer:
“To the degree the Court portrays petitioner Joseph Kennedy’s prayers as private and quiet, it misconstrues the facts. The record reveals that Kennedy had a longstanding practice of conducting demonstrative prayers on the 50-yard line of the football field. Kennedy consistently invited others to join his prayers and for years led student athletes in prayer at the same time and location. The Court ignores this history”.
Sotomayor’s dissent includes actual embedded photographs of the prayers on the 50-yard line with the coach surrounded by players, showing that this isn’t some quiet personal observance. He sought out media coverage for his prayers. The school district noted that despite Kennedy’s insistence that he wasn’t inviting others to pray with him, he had, in fact, done so on many previous occasions. The school district’s messaging to Kennedy was consistent in that it held no objection to his religious beliefs or even to him praying while on duty as long as it didn’t interfere with his job or suggest that the school endorsed his religion. In short, it seemed as though the school district was genuinely concerned that Kennedy’s behavior would be seen as a violation of the Establishment Clause if they didn’t clearly communicate established limits on what Kennedy was allowed to do.
She notes that Kennedy ignored attempts by the school district to try to come to some accommodation and instead turned to the press and made a big spectacle out of the prayers. Parents told the school district that their children participated in the prayers “solely to avoid separating themselves from the rest of the team.”
Sotomayor sees a constitutional violation in this case, but it’s not Kennedy’s rights that were violated:
“Properly understood, this case is not about the limits on an individual’s ability to engage in private prayer at work. This case is about whether a school district is required to allow one of its employees to incorporate a public, communicative display of the employee’s personal religious beliefs into a school event, where that display is recognizable as part of a longstanding practice of the employee ministering religion to students as the public watched. A school district is not required to permit such conduct; in fact, the Establishment Clause prohibits it from doing so.”
“The U.S. Supreme Court ruled..in the West Virginia v. Environmental Protection Agency that it “is a major questions case.” As such, the Court ruled 6–3 that the Environmental Protection Agency (EPA) did not have clear authority from Congress to regulate the entire U.S. electric power production industry through exercising “unheralded power representing a transformative expansion of its regulatory authority in the vague language” in a rarely used section of the Clean Air Act. This decision will likely curtail future efforts by the Biden administration to significantly cut the emissions of carbon dioxide from fossil-fuel-burning power plants that contribute to man-made global warming.”
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“So what is the major questions doctrine? “The Supreme Court has declared that if an agency seeks to decide an issue of major national significance, its action must be supported by clear statutory authorization,” explained the Congressional Research Service in a recent analysis. Certainly, the huge costs imposed by new regulations that are not clearly authorized by Congress would seem to qualify as an issue of national significance. In fact, in his majority opinion, Chief Justice John Roberts notes, “EPA’s own modeling concluded that the rule would entail billions of dollars in compliance costs (to be paid in the form of higher energy prices), require the retirement of dozens of coal-fired plants, and eliminate tens of thousands of jobs across various sectors.””
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“In her dissent, Associate Justice Elena Kagan counters by pointing out the Obama administration’s EPA calculated that by 2030 the annual public health and climate benefits of proposed regulations under its Clean Power Plan would be between $34 to $54 billion while the costs would amount to $8.4 billion. While electricity would cost more, consumers would save $7 monthly on their electric bills due to increased energy efficiency. A 2016 study in the journal PLOS One similarly found that the health co-benefits outweighed the costs incurred from reducing carbon dioxide emissions.
Despite the fact that the benefits of costly and transformative regulations might outweigh their costs that still does not mean for the Court’s majority that their issuance is not a major question requiring clear direction from Congress before going forward.
“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,'” concludes Chief Justice Roberts. “But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in [the Clean Air Act]. A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.””
“Mark Cuban’s online pharmacy was founded to sell prescription drugs at the lowest and most transparent prices possible. As Cuban recently told PBS News Weekend, when it comes to medication, “the reality is the only number that matters is cost. What can we as the retailer or the distributor, buy it for and how low can we sell it? So we decided to take the exact opposite approach that politicians have been taking.”
That approach involves selling generic drugs for a 15 percent markup, plus $3 for pharmacy labor and $5 shipping. The result is that Cuban’s company is able to sell generic drugs at significantly lower rates than typical retail prices. For example, a 30-day supply of Amlodipine, a common high blood pressure medication, costs only $3.60 at Cost Plus Drugs, while the typical retail price is $50.10.
Some drugs have even higher savings.”
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“Cuban’s company is restricted to unpatented generic drugs. While Cuban can sell these drugs at a massive discount, it is worth noting that research into new drugs, as well as the costs of clinical trials, is funded by the high profit margins derived from patents. While Cost Plus Drugs is a welcome innovation for drugs that are no longer patented, Cuban’s business model likely can’t fund drug innovation.”
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“Cuban himself notes that Cost Plus Drugs isn’t the first company to try this approach, but it is the first to succeed”
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“Last week, a new study from the Annals of Internal Medicine estimated that if Medicare Part D plans had purchased generic drugs from Cuban’s company, Medicare could have saved $3.6 billion in 2020.”
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“Cuban has been vocal on Twitter about the study, asking President Joe Biden and other political leaders to “have your people call my people and let’s get this done.” However, as exciting as reducing Medicare’s budget sounds, progress on the issue seems unlikely. Legislative solutions to the high price of prescription drugs have often been slow-moving and stalled by partisan bickering.”