Sunday, September 18, 2022

COPS OUTTA CONTROL

Family of Colorado man shot by police wants accountability


JESSE BEDAYN ·5 min read

DENVER (AP) — Police who shot a 22-year-old Colorado man after he called 911 for roadside assistance escalated the situation, needlessly leading to his death, the man's relatives said in a tearful news conference Tuesday in which they called for accountability.

After Christian Glass' June 11 death in the small mountain town of Silver Plume west of Denver, the Clear Creek County Sheriff's office issued a news release saying that Glass was shot after he became “argumentative and uncooperative” and tried to stab an officer when police broke a car window to grab him.

“Christian was experiencing a crisis, and he called 911 for help,” said the parents' attorney, Siddhartha Rathod, “and yet these officers busted out Christian’s window, shot him six times with bean bag rounds, Tased him multiple times from two Tasers, and then shot him five times.”

The Colorado Bureau of Investigation handles police shootings, including the Glass case, but the family wants prosecutors to file criminal charges, Rathod said.

Heidi McCollum, district attorney for the Fifth Judicial District that includes Clear Creek County, released a statement Tuesday saying her office is investigating the case along with the Colorado Bureau of Investigation. Her office plans to eventually issue a report on the shooting or present the case to a grand jury, which would decide if indictments should be issued, McCollum said.

The videos shared with The Associated Press show Glass refusing to come out of his car while also telling police he’s “terrified" and making heart shapes with his hands to officers. At one point, he also can be seen praying with folded hands and saying, “Dear Lord, please, don't let them break the window.”

When the officers did break the window, Glass seemed to panic and grabbed a knife.

Police then shot Glass with bean bag rounds and shocked him with a stun gun before the young man twisted in his seat and thrust a knife toward an officer, the footage showed. Then one officer fired his gun, hitting Glass. The recordings then show Glass stabbing himself before he died.

The family said the videos were only edited to blur the body. The AP has requested that police provide any videos related to the case.

Rathod said Glass had no history of mental illness. When asked about Glass's abnormal behavior, he said “unfortunately we are not ever going to know.”

Rathod released an autopsy report that found that Glass died of gunshot wounds. It said he had THC, a .01% blood alcohol concentration, and amphetamine in his system, the last of which Rathod said is likely from an ADHD prescription for Glass.

The shooting comes amid a national outcry for police reforms focused on crisis intervention, de-escalation and alternative policing programs. In Denver and New York, behavioral health specialists are sent to 911 callers facing crises that police may not be trained to address or could even exacerbate.

Police haven't said if any behavioral health specialists were called for Glass.

Use-of-force and de-escalation experts who reviewed the footage for The Associated Press said this case is an example of when a behavioral health specialist or crisis response team — programs becoming increasingly popular across the country — may have helped de-escalate the situation and avert Glass’ death.

“There are some real red flags that suggest potential problems,” said Seth Stoughton, a former police officer and leading use-of-force expert who reviewed portions of the footage. Stoughton testified in the trial of Derek Chauvin, the police officer who murdered George Floyd.

While police officers may be justified in using force once a situation has intensified, “it’s everything that we do before that in terms of de-escalation that can make those situations go a completely different direction," said Tamara Lynn, the executive council president for the National De-Escalation Training Center, who reviewed the footage.

In particular, both Lynn and Stoughton questioned why officers didn't take Glass up on his offer, recorded by body camera footage, to disarm himself by throwing his knives out of his car window.

While a thrown knife can pose a threat, “officers have plenty of opportunity to maneuver themselves and put themselves in a position that’s not risky,” said Stoughton. “I am kind of astonished that they did not take advantage of what looked like a very clear opportunity to have him separate himself from the weapons.”

Similarly, Stoughton wondered why they needed to break the car window. He said police don't have all day to spend on one call, but questioned if they needed to.

“It’s not clear to me that it should have gone that far,” he said.

Between tears on Tuesday, Christian’s mother, Sally Glass, displayed a pendant of Jesus recovered from her son’s car that is engraved with the words, “Pray for us.”

“We have to pray for us in America to make this a less violent country,” Sally Glass said. “I think a lot of people now would agree that there is a systemic problem with policing: It’s too aggressive. They escalate at every opportunity, and it looks like they are spoiling for a fight. ... They should be protecting us, not attacking us.”

Glass said her son was “petrified” and “paralyzed” by fear the night he was killed.

“I have a hole in my heart, and it will be there until the day I die,” Glass said.

——

Associated Press writer Thomas Peipert contributed to this report.

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Jesse Bedayn is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Bedayn on Twitter.

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This story has been updated to correct the age of Christian Glass and the date of his death.

EPA inspector general probes Mississippi capital water woes






A cup of water is drawn from a faucet at Johnny T's Bistro and Blues, a midtown Jackson, Miss., restaurant and entertainment venue, Thursday, Sept. 1, 2022. Although it is no longer cloudy, owner John Tierre says he has concerns over the city's longstanding water problems. Some business owners report spending anywhere between $300 to $500 per day on ice and bottled water. 
(AP Photo/Rogelio V. Solis)


EMILY WAGSTER PETTUS and MATTHEW DALY
Tue, September 13, 2022 

JACKSON, Miss. (AP) — An independent watchdog in the Environmental Protection Agency said Tuesday it's being brought in to investigate the troubled water system in Mississippi's capital city.

Emergency repairs are underway after problems at Jackson's main water treatment plant caused most customers to lose service for several days in late August and early September. Water is flowing again, but the city of 150,000 is in the seventh week of a boil-water advisory because the state health department found cloudiness in the water that could cause illness.

The Office of Inspector General is independent from the EPA, with a mission of detecting fraud, waste and abuse. The office issued a memo Tuesday saying it will look into the response to the crisis by EPA's regional office, as well as city and state officials.

“Given the magnitude of the water crisis in Jackson, Mississippi, it is critical that the EPA OIG act with a sense of urgency to understand what has happened in that community," the inspector general, Sean O’Donnell, said in a news release.


Like many cities, Jackson faces water system problems it can’t afford to fix. Its tax base has eroded the past few decades as the population decreased — the result of mostly white flight to suburbs that began after public schools integrated in 1970. The city’s population is now more than 80% Black, with about 25% of its residents living in poverty.

In addition to conducting interviews and gathering data, the inspector general will look into compliance with regulations, policies and procedures for the oversight of Jackson’s water system, as well as how federal grants under the Clean Water Act and Safe Drinking Water Act are being administered.

During a news conference Monday, Jackson Mayor Chokwe Antar Lumumba was asked about the possibility of an EPA investigation.

“I've had city employees that have called and said that someone asked them some questions," Lumumba said. "I just shared with them to cooperate.”

In 2018, the EPA's inspector general called on the agency to strengthen its oversight of state drinking water systems nationally and respond more quickly to public health emergencies such as the lead-in-the water crisis in Flint, Michigan. In a 74-page report, the inspector general pointed to “oversight lapses” at the federal, state and local levels in the response to Flint’s contaminated drinking water.

In Jackson, the National Guard and volunteer groups have distributed millions of bottles of drinking water since late August, when torrential rainfall in central Mississippi changed the quality of the raw water entering Jackson’s treatment plants. That slowed the treatment process, depleted supplies in water tanks and caused a precipitous drop in pressure.

Even before the rain, officials said some water pumps had failed and a treatment plant was using backup pumps. A cold snap in 2021 froze pipes and left tens of thousands of people without running water. Similar problems happened again early this year, on a smaller scale. Broken water and sewer pipes are also common.

The EPA issued a notice in January that Jackson’s system violates the federal Safe Drinking Water Act. The agency noted that an April 2021 electrical panel fire at the main water treatment plant knocked all five pumps out of service, causing low water pressure. An inspection six months later found the pumps still weren't working.

The EPA “will continue to provide technical assistance in support of the response actions at Jackson’s water treatment plants and coordinate with all levels of government to ensure the people of Jackson have the clean, safe water they deserve," an agency spokesperson said Tuesday.

EPA Administrator Michael Regan traveled to Jackson last week to meet with residents and elected officials about the water problems. He said the city needs to receive “its fair share” of federal money to repair the system.

Democratic U.S. Rep. Bennie Thompson, who represents most of Jackson, said he hopes the inspector general's office “will work diligently to evaluate the issues that caused the water crisis, and I support the EPA OIG in their efforts.”

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Daly reported from Washington.
A 33-year-old's back pain and weight loss were symptoms of a deadly fungal infection that spreads through dust

Anna Medaris
Tue, September 13, 2022 

Desiree Chan

Desiree Chan developed back pain, coughing, fatigue, night sweats, and weight loss in late 2020.

Doctors tested the 33-year-old for many infectious diseases, like pneumonia or tuberculosis.

After about a month, she was diagnosed with Valley fever, a potentially deadly fungal infection.


When Desiree Chan got out of the bathtub on New Year's Eve in 2020, a shooting pain tore through her neck and spine. She crawled into bed, and stayed there for two days.

The next week, Chan, then 33, went to the doctor. She tested negative for COVID, so the doctor gave her pain meds for what he thought was run-of-the-mill back pain.

Six days later, Chan, who lives in Los Angeles, developed a phlegmy cough. This time, her doctor prescribed cough medicine.

But Chan remained in pain and was increasingly fatigued, so her doctor ordered an X-ray. The scan revealed infiltrates — or dense particles that can be indicative of disease — in Chan's lungs. She was given medicine for what, by now, her doctor suspected was pneumonia.

Still, Chan said her cough was so "debilitating" she struggled to talk on the phone with friends. And even when she stayed quiet, "it felt like an elephant was stepping on my chest," she said. She rapidly lost weight, and developed such intense night sweats she'd have to change her pajamas throughout the night.

"I thought I was dying," Chan, who runs a travel company, said. "I had no idea what was going on."

Neither did doctors. It took countless tests, a handful of specialists, and many weeks for Chan to be diagnosed with Valley fever, a potentially deadly fungal infection that's been on the rise in recent years. Chan and her fiancĂ©, Lucas Marton, 34, talked to Insider about the experience to raise awareness of the strange disease — and that recovery is possible.
Most people who inhale the fungus that causes Valley fever don't get sick

Valley fever, or Coccidioidomycosis, is an infection caused by inhaling spores of Coccidioides fungus, which is found in soil. It's named after the San Joaquin Valley in California, but is also found in Arizona, Nevada, Utah, New Mexico, California, Texas and Washington.

The infection has been on the rise in unexpected places in recent years, likely due to climate change, Insider's Gabby Landsverk previously reported.

Not everyone who inhales the spores will get sick, but about 40% of those who do develop flu-like symptoms. Around 1 in 10 patients can have serious side effects, like permanent lung damage. Rarely, people with Valley fever die if the infection spreads to places like the skin, joints, or spinal cord.

Chan said doctors don't know why she was susceptible, since she's young and otherwise healthy. Typically, people with weakened immune systems — like those who are pregnant, older, or who have a condition like diabetes — are at highest risk.

Still, Chan feels lucky her team stopped at nothing to get at the root of her symptoms. "I had doctors who knew what tests to run right away, so that it didn't spread throughout my body," she said. "I am grateful for that."
Doctors ran tests for all kinds of infectious diseases before concluding it was Valley fever

Doctors largely came to Chan's diagnosis via process of elimination.

Pneumonia was ruled out after Chan's medication course ended, but the infiltrates remained. The next suspected culprit was tuberculosis after a CAT scan revealed a mass in Chan's lung.

"Pack a bag," Chan doctor said when directing her to the ER, "you're going to be there for awhile."

Much of Desiree Chan's testing was done in a tent outside of the hospital to keep her separate from COVID-19 patients.Desiree Chan

He was right. Over the course of about 10 days, Chan's medical records show she underwent testing for all manner of infectious diseases, including HIV, Legionnaires' disease, COVID, tuberculosis, and the fungal infections histoplasmosis and aspergillosis. Everything came back negative.

At one point, Chan said the pulmonologist even wanted to take a lung biopsy to test for cancer.

Finally, an antibody test finally came back positive for Coccidioides, the fungus that causes Valley fever. Then, the recovery began.

Chan moved in with her family, who made sure she got the right nutrition and rest, for a few months.

She spent the majority of 2021 on heavy doses of the antifungal fluconazole, which sapped her appetite, threw off her hormones, and saddled her with serious brain fog that forced her to take a few months off work. She had frequent checkups on her liver, which fluconazole can damage.

Even after stopping the medication in November 2021, Chan said it took about 6 months for the effects to leave her system.

"It wasn't until mid-May of this year that I started to feel like I was getting my strength back and feeling clear in the head," she said.


Desiree Chan and Lucas Marton in 2022.Courtesy of Desiree Chan

Around that point, Marton proposed. "You go through something like that, and it's like, what can't we get through? he said. "I wouldn't have gone through something this grueling for someone I didn't want to spend the rest of my life with."
Lack of awareness has made recovery harder

One of the hardest parts of the experience for Chan and Marton has been not knowing if or when life would return to normal. "The answer to every single question we had was, 'We can't answer that because every case is different,'" Chan said.

The lack of awareness of Valley fever exacerbated the pain, too.

"People didn't really know what was going on because she didn't really know what was going on," Marton, a nonprofit director, said. "People were asking her to do things that she wasn't yet prepared yet to do," like complete work tasks or go on a trip with friends.

"That made it so much worse because the frustration then kicked it," Marton added. "She really felt unseen and unheard."

That's why the couple is sharing their story. "We wish we'd seen more testimonials that said like, 'This is how long it's going to take, this is how bad it's going to get, is this going to be debilitating for the rest of my life?'" Marton said. "For us, the answer is no. We seem to have come into a fairly normal style of living."

Mary Peltola is first Alaska Native sworn into Congress

"It is the honor of my life to represent Alaska, a place my elders and ancestors have called home for thousands of years."

Location: Washington D.C.

The first Alaska Native elected to Congress has been sworn in

Peltola defeated Republican candidate Sarah Palin to fill Alaska's sole U.S. House of Representatives seat

Almost 20% of the state's population is Indigenous, the highest proportion in the United States

"To this day many people in my community carry forward our traditions of hunting and fishing. I am humbled and deeply honored to be the first Alaska Native elected to this body, the first woman to hold Alaska's House seat, but to be clear I am here to represent all Alaskans. "

Peltola replaces Republican Don Young who died earlier this year

She will serve out the remainder of his term before facing re-election in November

'A Crisis Coming': The Twin Threats to American Democracy


David Leonhardt
The New York Times
Sat, September 17, 2022 

The United States faces two distinct challenges, the movement by Republicans who refuse to accept defeat in an election and a growing disconnect between political power and public opinion. (Matt Chase/The New York Times)

LONG READ


The United States has experienced deep political turmoil several times before over the past century. The Great Depression caused Americans to doubt the country’s economic system. World War II and the Cold War presented threats from global totalitarian movements. The 1960s and ’70s were marred by assassinations, riots, a losing war and a disgraced president.

These earlier periods were each more alarming in some ways than anything that has happened in the United States recently. Yet during each of those previous times of tumult, the basic dynamics of American democracy held firm. Candidates who won the most votes were able to take power and attempt to address the country’s problems.

The current period is different. As a result, the United States today finds itself in a situation with little historical precedent. American democracy is facing two distinct threats, which together represent the most serious challenge to the country’s governing ideals in decades.

The first threat is acute: a growing movement inside one of the country’s two major parties — the Republican Party — to refuse to accept defeat in an election.

The violent Jan. 6, 2021, attack on Congress, meant to prevent the certification of President Joe Biden’s election, was the clearest manifestation of this movement, but it has continued since then. Hundreds of elected Republican officials around the country falsely claim that the 2020 election was rigged. Some of them are running for statewide offices that would oversee future elections, potentially putting them in position to overturn an election in 2024 or beyond.

“There is the possibility, for the first time in American history, that a legitimately elected president will not be able to take office,” said Yascha Mounk, a political scientist at Johns Hopkins University who studies democracy.

The second threat to democracy is chronic but also growing: The power to set government policy is becoming increasingly disconnected from public opinion.

The run of recent Supreme Court decisions — both sweeping and, according to polls, unpopular — highlights this disconnect. Although the Democratic Party has won the popular vote in seven of the past eight presidential elections, a Supreme Court dominated by Republican appointees seems poised to shape American politics for years, if not decades. And the court is only one of the means through which policy outcomes are becoming less closely tied to the popular will.

Two of the past four presidents have taken office despite losing the popular vote. Senators representing a majority of Americans are often unable to pass bills, partly because of the increasing use of the filibuster. Even the House, intended as the branch of the government that most reflects the popular will, does not always do so because of the way districts are drawn.

“We are far and away the most countermajoritarian democracy in the world,” said Steven Levitsky, a professor of government at Harvard University and a co-author of the book “How Democracies Die,” with Daniel Ziblatt.

The causes of the twin threats to democracy are complex and debated among scholars.

The chronic threats to democracy generally spring from enduring features of American government, some written into the Constitution. But they did not conflict with majority opinion to the same degree in past decades. One reason is that more populous states, whose residents receive less power because of the Senate and the Electoral College, have grown so much larger than small states.

The acute threats to democracy — and the rise of authoritarian sentiment, or at least the acceptance of it, among many voters — have different causes. They partly reflect frustration over nearly a half-century of slow-growing living standards for the American working class and middle class. They also reflect cultural fears, especially among white people, that the United States is being transformed into a new country, more racially diverse and less religious, with rapidly changing attitudes toward gender, language and more.

The economic frustrations and cultural fears have combined to create a chasm in American political life between prosperous, diverse major metropolitan areas and more traditional, religious and economically struggling smaller cities and rural areas. The first category is increasingly liberal and Democratic, the second increasingly conservative and Republican.

The political contest between the two can feel existential to people in both camps, with disagreements over nearly every prominent issue. “When we’re voting, we’re not just voting for a set of policies but for what we think makes us Americans and who we are as a people,” said Lilliana Mason, a political scientist and the author of “Uncivil Agreement: How Politics Became Our Identity.” “If our party loses the election, then all of these parts of us feel like losers.”

These sharp disagreements have led many Americans to doubt the country’s system of government. In a recent poll by Quinnipiac University, 69% of Democrats and 69% of Republicans said that democracy was “in danger of collapse.” Of course, the two sides have very different opinions about the nature of the threat.

Many Democrats share the concerns of historians and scholars who study democracy, pointing to the possibility of overturned election results and the deterioration of majority rule. “Equality and democracy are under assault,” Biden said in a speech this month in front of Independence Hall in Philadelphia. “We do ourselves no favor to pretend otherwise.”

Many Republicans have defended their increasingly aggressive tactics by saying they are trying to protect American values. In some cases, these claims rely on falsehoods — about election fraud, Biden’s supposed “socialism,” Barack Obama’s birthplace and more.

In others, they are rooted in anxiety over real developments, including illegal immigration and “cancel culture.” Some on the left now consider widely held opinions among conservative and moderate Americans — on abortion, policing, affirmative action, COVID-19 and other subjects — to be so objectionable that they cannot be debated. In the view of many conservatives and some experts, this intolerance is stifling open debate at the heart of the American political system.

The divergent sense of crisis on left and right can itself weaken democracy, and it has been exacerbated by technology.

Conspiracy theories and outright lies have a long American history, dating to the personal attacks that were a staple of the partisan press during the 18th century. In the mid-20th century, tens of thousands of Americans joined the John Birch Society, a far-right group that claimed Dwight Eisenhower was a secret communist.

Today, however, falsehoods can spread much more easily, through social media and a fractured news environment. In the 1950s, no major television network spread the lies about Eisenhower. In recent years, the country’s most watched cable channel, Fox News, regularly promoted falsehoods about election results, Obama’s birthplace and other subjects.

These same forces — digital media, cultural change and economic stagnation in affluent countries — help explain why democracy is also struggling in other parts of the world. Only two decades ago, at the turn of the 21st century, democracy was the triumphant form of government around the world, with autocracy in retreat in the former Soviet empire, Argentina, Brazil, Chile, South Africa, South Korea and elsewhere. Today, the global trend is moving in the other direction.

In the late 1990s, 72 countries were democratizing, and only three were growing more authoritarian, according to data from V-Dem, a Swedish institute that monitors democracy. Last year, only 15 countries grew more democratic, while 33 slid toward authoritarianism.

Some experts remain hopeful that the growing attention in the United States to democracy’s problems can help avert a constitutional crisis here. Already, Donald Trump’s efforts to overturn the 2020 election failed, partly because of the refusal of many Republican officials to participate, and both federal and state prosecutors are investigating his actions. And while the chronic decline of majority rule will not change anytime soon, it is also part of a larger historical struggle to create a more inclusive American democracy.

Still, many experts point out that it still not clear how the country will escape a larger crisis, such as an overturned election, at some point in the coming decade. “This is not politics as usual,” said Carol Anderson, a professor at Emory University and the author of the book, “One Person, No Vote,” about voter suppression. “Be afraid.”

The Will of the Majority


The founders did not design the United States to be a pure democracy.

They distrusted the classical notion of direct democracy, in which a community came together to vote on each important issue, and believed it would be impractical for a large country. They did not consider many residents of the new country to be citizens who deserved a voice in political affairs, including Natives, enslaved Africans and women. The founders also wanted to constrain the national government from being too powerful, as they believed was the case in Britain. And they had the practical problem of needing to persuade 13 states to forfeit some of their power to a new federal government.


Instead of a direct democracy, the founders created a republic, with elected representatives to make decisions, and a multilayered government in which different branches checked one another. The Constitution also created the Senate, where every state had an equal say regardless of population.


Pointing to this history, some Republican politicians and conservative activists have argued that the founders were comfortable with minority rule. “Of course we’re not a democracy,” Sen. Mike Lee, R-Utah, has written.

But the historical evidence suggests that the founders believed that majority will — defined as the prevailing view of enfranchised citizens — should generally dictate national policy, as George Thomas of Claremont McKenna College and other constitutional scholars have explained.

In the Federalist Papers, James Madison equated “a coalition of a majority of the whole society” with “justice and the general good.” Alexander Hamilton made similar points, describing “representative democracy” as “happy, regular and durable.” It was a radical idea at the time.

For most of American history, the idea has prevailed. Even with the existence of the Senate, the Electoral College and the Supreme Court, political power has reflected the views of people who had the right to vote. “To say we’re a republic not a democracy ignores the past 250 years of history,” Ziblatt, a political scientist at Harvard University, said.

Before 2000, only three candidates won the presidency while losing the popular vote (John Quincy Adams, Rutherford Hayes and Benjamin Harrison), and each served only a single term. During the same period, parties that won repeated elections were able to govern, including the Democratic-Republican Party of Thomas Jefferson’s time, the New Deal Democrats and the Reagan Republicans.

The situation has changed in the 21st century. The Democratic Party is in the midst of a historic winning streak. In seven of the past eight presidential elections, stretching back to Bill Clinton’s 1992 victory, the Democratic nominee has won the popular vote. Over more than two centuries of American democracy, no party has previously fared so well over such an extended period.

Yet the current period is hardly a dominant Democratic age.

What changed? One crucial factor is that, in the past, the parts of the country granted outsize power by the Constitution — less populated states, which tend to be more rural — voted in broadly similar ways as large states and urban areas.

This similarity meant that the small-state bonus in the Senate and Electoral College had only a limited effect on national results. Both Democrats and Republicans benefited and suffered from the Constitution’s undemocratic features.

Democrats sometimes won small states like Idaho, Montana, Utah and Wyoming in the mid-20th century. And California was long a swing state: Between the Great Depression and 2000, Democratic and Republican presidential candidates won it an equal number of times. That the Constitution conferred advantages on residents of small states and disadvantages on Californians did not reliably boost either party.

In recent decades, Americans have increasingly sorted themselves along ideological lines. Liberals have flocked to large metropolitan areas, which are heavily concentrated in big states like California, while residents of smaller cities and more rural areas have become more conservative.

This combination — the Constitution’s structure and the country’s geographic sorting — has created a disconnect between public opinion and election outcomes. It has affected every branch of the federal government: the presidency, Congress and even the Supreme Court.

In the past, “the system was still anti-democratic, but it didn’t have a partisan effect,” Levitsky said. “Now it’s undemocratic and has a partisan effect. It tilts the playing field toward the Republican Party. That’s new in the 21st century.”

In presidential elections, the small-state bias is important, but it is not even the main issue. A subtler factor — the winner-take-all nature of the Electoral College in most states — is. Candidates have never received extra credit for winning state-level landslides. But this feature did not used to matter very much, because landslides were rare in larger states, meaning that relatively few votes were “wasted,” as political scientists say.

Today, Democrats dominate a handful of large states, wasting many votes. In 2020, Biden won California by 29 percentage points; New York by 23 points; and Illinois by 17 points. Four years earlier, Hillary Rodham Clinton’s margins were similar.

This shift means that millions of voters in large metropolitan areas have moved away from the Republican Party without having any impact on presidential outcomes. That’s a central reason that both George W. Bush and Trump were able to win the presidency while losing the popular vote.

“We’re in a very different world today than when the system was designed,” said Mindy Romero, director of the Center for Inclusive Democracy at the University of Southern California. “The dynamic of being pushed aside is more obvious and I think more frustrating.”

Republicans sometimes point out that the system prevents a few highly populated states from dominating the country’s politics, which is true. But the flip is also true: The Constitution gives special privileges to the residents of small states. In presidential elections, many voters in large states have become irrelevant in a way that has no historical antecedent.

The Curse of Geographic Sorting

The country’s changing population patterns may have had an even bigger effect on Congress — especially the Senate — and the Supreme Court than the presidency.

The sorting of liberals into large metropolitan areas and conservatives into more rural areas is only one reason. Another is that large states have grown much more quickly than small states. In 1790, the largest state (Virginia) had about 13 times as many residents as the smallest (Delaware). Today, California has 68 times as many residents as Wyoming, 53 times as many as Alaska and at least 20 times as many as another 11 states.

Together, these trends mean that the Senate has a heavily pro-Republican bias that will last for the foreseeable future.

The Senate today is split 50-50 between the two parties. But the 50 Democratic senators effectively represent 186 million Americans, while the 50 Republican senators effectively represent 145 million. To win Senate control, Democrats need to win substantially more than half of the nationwide votes in Senate elections.

This situation has led to racial inequality in political representation. The residents of small states, granted extra influence by the Constitution, are disproportionately white, while large states are home to many more Asian American, Black and Latino voters.

In addition, two parts of the country that are disproportionately Black or Latino — Washington, D.C., and Puerto Rico — have no Senate representation. Washington has more residents than Vermont or Wyoming, and Puerto Rico has more residents than 20 states. As a result, the Senate gives a political voice to white Americans that is greater than their numbers.

The House of Representatives has a more equitable system for allocating political power. It divides the country into 435 districts, each with a broadly similar number of people (currently about 760,000). Still, House districts have two features that can cause the chamber’s makeup not to reflect national opinion, and both of them have become more significant in recent years.

The first is well known: gerrymandering. State legislatures often draw district boundaries and in recent years have become more aggressive about drawing them in partisan ways. In Illinois, for example, the Democrats who control the state government have packed Republican voters into a small number of House districts, allowing most other districts to lean Democratic. In Wisconsin, Republicans have done the opposite.

Because Republicans have been more forceful about gerrymandering than Democrats, the current House map slightly favors Republicans, likely by a few seats. At the state level, Republicans have been even bolder. Gerrymandering has helped them dominate the state legislatures in Michigan, North Carolina and Ohio, even though the states are closely divided.

Still, gerrymandering is not the only reason that House membership has become less reflective of national opinion in recent years. It may not even be the biggest reason, according to Jonathan A. Rodden, a political scientist at Stanford University. Geographic sorting is.

“Without a doubt, gerrymandering makes things worse for the Democrats,” Rodden has written, “but their underlying problem can be summed up with the old real estate maxim: location, location, location.” The increasing concentration of Democratic voters into large metro areas means that even a neutral system would have a hard time distributing these tightly packed Democratic voters across districts in a way that would allow the party to win more elections.

Instead, Democrats now win many House elections in urban areas by landslides, wasting many votes. In 2020, only 21 Republican House candidates won their elections by at least 50 percentage points; 47 Democrats did.

Looking at where many of these elections occurred helps make Rodden’s point. The landslide winners included Rep. Diana DeGette in Denver; Rep. Jerry Nadler in New York City; Rep. JesĂşs GarcĂ­a in Chicago; Rep. Donald Payne Jr. in northern New Jersey; and Rep. Barbara Lee in Oakland, California. None of those districts are in states where Republicans have controlled the legislative boundaries, which means that they were not the result of Republican gerrymandering.

Again and again, geographic sorting has helped cause a growing disconnect between public opinion and election results, and this disconnect has shaped the Supreme Court as well. The court’s membership at any given time is dictated by the outcomes of presidential and Senate elections over the previous few decades. And if elections reflected popular opinion, Democratic appointees would dominate the court.

Every current justice has been appointed during one of the past nine presidential terms, and a Democrat has won the popular vote in seven of those nine and the presidency in five of the nine. Yet the court is now dominated by a conservative, six-member majority.

There are multiple reasons (including Ruth Bader Ginsburg’s decision not to retire in 2014 when a Democratic president and Senate could have replaced her). But the increasingly undemocratic nature of both the Electoral College and Senate play crucial roles.

Trump was able to appoint three justices despite losing the popular vote. (Bush is a more complex case, having made his court appointments after he won reelection and the popular vote in 2004.) Similarly, if Senate seats were based on population, none of Trump’s nominees — Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — would likely have been confirmed, said Michael J. Klarman, a law professor at Harvard. Senate Republicans also would not have been able to block Obama from filling a court seat during his final year in office.

Even Justice Clarence Thomas’ 1991 confirmation relied on the Senate’s structure: The 52 senators who voted to confirm him represented a minority of Americans.

The current court’s approach has magnified the disconnect between public opinion and government policy, because Republican-appointed justices have overruled Congress on some major issues. The list includes bills on voting rights and campaign finance that earlier Congresses passed along bipartisan lines. This term, the court issued rulings on abortion, climate policy and gun laws that seemed to be inconsistent with majority opinion, based on polls.

“The Republican justices wouldn’t say this and may not believe it,” Klarman said, “but everything they’ve done translates into a direct advantage for the Republican Party.”

In response to the voting rights decision, in 2013, Republican legislators in several states have passed laws making it more difficult to vote, especially in heavily Democratic areas. They have done so citing the need to protect election security, even though there has been no widespread fraud in recent years.

For now, the electoral effect of these decisions remains uncertain. Some analysts point out that the restrictions have not yet been onerous enough to hold down turnout. In the 2020 presidential election, the percentage of eligible Americans who voted reached the highest level in at least a century.

Other experts remain concerned that the new laws could ultimately swing a close election in a swing state. “When you have one side gearing up to say, ‘How do we stop the enemy from voting?’ that is dangerous to a democracy,” Anderson, the Emory professor, said.

An upcoming Supreme Court case may also allow state legislatures to impose even more voting restrictions. The court has agreed to hear a case in which Republican legislators in North Carolina argue that the Constitution gives them, and not state courts, the authority to oversee federal elections.

In recent years, state courts played an important role in constraining both Republican and Democratic legislators who tried to draw gerrymandered districts that strongly benefited one party. If the Supreme Court sides with the North Carolina legislature, gerrymandering might increase, as might laws establishing new barriers to voting.

Amplifying the Election Lies

If the only challenges to democracy involved these chronic, long-developing forces, many experts would be less concerned than they are. American democracy has always been flawed, after all.

But the slow-building ways in which majority rule is being undermined are happening at the same time that the country faces an immediate threat that has little precedent. A growing number of Republican officials are questioning a basic premise of democracy: that the losers of an election are willing to accept defeat.

The roots of the modern election-denier movement stretch back to 2008. When Obama was running for president and after he won, some of his critics falsely claimed that his victory was illegitimate because he was born in Kenya rather than Hawaii. This movement became known as birtherism, and Trump was among its proponents. By making the claims on Fox News and elsewhere, he helped transform himself from a reality television star into a political figure.

When he ran for president himself in 2016, Trump made false claims about election fraud central to his campaign. In the Republican primaries, he accused his closest competitor for the nomination, Sen. Ted Cruz, of cheating. In the general election against Hillary Clinton, Trump said he would accept the outcome only if he won. In 2020, after Biden won, the election lies became Trump’s dominant political message.

His embrace of these lies was starkly different from the approach of past leaders from both parties. In the 1960s, Ronald Reagan and Barry Goldwater ultimately isolated the conspiracists of the John Birch Society. In 2000, Al Gore urged his supporters to accept George W. Bush’s razor-thin victory, much as Richard Nixon had encouraged his supporters to do so after he narrowly lost to John F. Kennedy in 1960. In 2008, when a Republican voter at a rally described Obama as an Arab, Sen. John McCain, the Republican nominee and Obama’s opponent, corrected her.

Trump’s promotion of the falsehoods, by contrast, turned them into a central part of the Republican Party’s message. About two-thirds of Republican voters say that Biden did not win the 2020 election legitimately, according to polls. Among Republican candidates running for statewide office this year, 47% have refused to accept the 2020 result, according to a FiveThirtyEight analysis.

Most Republican politicians who have confronted Trump, on the other hand, have since lost their jobs or soon will. Of the 10 House Republicans who voted to impeach him for his role in the Jan. 6 attack, for example, eight have since decided to retire or lost Republican primaries, including Rep. Liz Cheney of Wyoming.

“By any indication, the Republican Party — upper-level, midlevel and grassroots — is a party that can only be described as not committed to democracy,” Levitsky said. He added that he was significantly more concerned about American democracy than when his and Ziblatt’s book, “How Democracies Die,” came out in 2018.

Juan JosĂ© Linz, a political scientist who died in 2013, coined the term “semi-loyal actors” to describe political officials who typically do not initiate attacks on democratic rules or institutions but who also do not attempt to stop these attacks. Through their complicity, these semi-loyal actors can cause a party and a country to slide toward authoritarianism.

That’s what happened in Europe in the 1930s and in Latin America in the 1960s and ’70s. More recently, it has happened in Hungary. Now there are similar signs in the United States.

Often, even Republicans who cast themselves as different from Trump include winking references to his conspiracy theories in their campaigns, saying that they, too, believe “election integrity” is a major problem. Gov. Glenn Youngkin of Virginia and Gov. Ron DeSantis of Florida, for example, have both recently campaigned on behalf of election deniers.

In Congress, Republican leaders have largely stopped criticizing the violent attack on the Capitol. Rep. Kevin McCarthy, the Republican House leader, has gone so far as to signal his support for colleagues — like Rep. Marjorie Taylor Greene, R-Ga. — who have used violent imagery in public comments. Greene, before being elected to Congress, said that she supported the idea of executing prominent Democrats.

“When mainstream parties tolerate these guys, make excuses for them, protect them, that’s when democracy gets in trouble,” Levitsky said. “There have always been Marjorie Taylor Greenes. What I pay closer attention to is the behavior of the Kevin McCarthys.”

The party’s growing acceptance of election lies raises the question of what would happen if Trump or another future presidential nominee tried to replay his 2016 attempt to overturn the result.

In 11 states this year, the Republican nominee for secretary of state, a position that typically oversees election administration, qualifies as an “election denier,” according to States United Action, a research group. In 15 states, the nominee for governor is a denier, and in 10 states, the attorney general nominee is.

The growth of the election-denier movement has created a possibility that would have seemed unthinkable not so long ago. It remains unclear whether the loser of the next presidential election will concede or will instead try to overturn the outcome.

‘There Is a Crisis Coming’

There are still many scenarios in which the United States will avoid a democratic crisis.

In 2024, Biden could win reelection by a wide margin — or a Republican other than Trump could win by a wide margin. Trump might then fade from the political scene, and his successors might choose not to embrace election falsehoods. The era of Republican election denial could prove to be brief.

It is also possible that Trump or another Republican nominee will try to reverse a close defeat in 2024 but will fail, as happened in 2020. Then, Brad Raffensperger, Georgia’s Republican secretary of state, rebuffed Trump after he directed him to “find 11,780 votes,” and the Supreme Court refused to intervene as well. More broadly, Mitch McConnell, the Republican leader in the Senate, recently said that the United States had “very little voter fraud.”

If a Republican were again to try to overturn the election and to fail, the movement might also begin to fade. But many democracy experts worry that these scenarios may be wishful thinking.

Trump’s most likely successors as party leader also make or tolerate false claims about election fraud. The movement is bigger than one person and arguably always has been; some of the efforts to make voting more onerous, which are generally justified with false suggestions of widespread voter fraud, predated Trump’s 2016 candidacy.

To believe that Republicans will not overturn a close presidential loss in coming years seems to depend on ignoring the public positions of many Republican politicians. “The scenarios by which we don’t have a major democracy crisis by the end of the decade seem rather narrow,” Mounk of Johns Hopkins said.

And Levitsky said, “It’s not clear how the crisis is going to manifest itself, but there is a crisis coming.” He added, “We should be very worried.”

The most promising strategy for avoiding an overturned election, many scholars say, involves a broad ideological coalition that isolates election deniers. But it remains unclear how many Republican politicians would be willing to join such a coalition.

It is also unclear whether Democratic politicians and voters are interested in making the compromises that would help them attract more voters. Many Democrats have instead embraced a purer version of liberalism in recent years, especially on social issues. This shift to the left has not prevented the party from winning the popular vote in presidential elections, but it has hurt Democrats outside of major metropolitan areas and, by extension, in the Electoral College and congressional elections.

If Democrats did control both the White House and Congress — and by more than a single vote, as they now do in the Senate — they have signaled that they would attempt to pass legislation to address both the chronic and acute threats to democracy.

The House last year passed a bill to protect voting rights and restrict gerrymandering. It died in the Senate partly because it included measures that even some moderate Democrats believed went too far, such as restrictions on voter identification laws, which many other democracies around the world have.

The House also passed a bill to grant statehood to Washington, D.C., which would reduce the Senate’s current bias against metropolitan areas and Black Americans. The United States is currently in its longest stretch without having admitted a new state.

Democracy experts have also pointed to other possible solutions to the growing disconnect between public opinion and government policy. Among them is an expansion of the number of members in the House of Representatives, which the Constitution allows Congress to do — and which it regularly did until the early 20th century. A larger House would create smaller districts, which in turn could reduce the share of uncompetitive districts.

Other scholars favor proposals to limit the Supreme Court’s authority, which the Constitution also allows and which previous presidents and Congresses have done.

In the short term, these proposals would generally help the Democratic Party, because the current threats to majority rule have mostly benefited the Republican Party. In the long term, however, the partisan effects of such changes are less clear.

The history of new states makes this point: In the 1950s, Republicans initially supported making Hawaii a state because it seemed to lean Republican, while Democrats said that Alaska had to be included, too, also for partisan reasons. Today, Hawaii is a strongly Democratic state, and Alaska is a strongly Republican one. Either way, the fact that both are states has made the country more democratic.

Over the sweep of history, the American government has tended to become more democratic, through women’s suffrage, civil rights laws, the direct election of senators and more. The exceptions, like the post-Reconstruction period, when Black Southerners lost rights, have been rare. The current period is so striking partly because it is one of those exceptions.

“The point is not that American democracy is worse than it was in the past,” Mounk said. “Throughout American history, the exclusion of minority groups, and African Americans in particular, was much worse than it is now.

“But the nature of the threat is very different than in the past,” he said.

The makeup of the federal government reflects public opinion less closely than it once did. And the chance of a true constitutional crisis — in which the rightful winner of an election cannot take office — has risen substantially. That combination shows that American democracy has never faced a threat quite like the current one.

© 2022 The New York Times Company
Stressed Colorado River keeps California desert farms alive



KATHLEEN RONAYNE
Tue, September 13, 2022 


SACRAMENTO, Calif. (AP) — When Don Cox was looking for a reliable place to build a family farm in the 1950s, he settled on California's Imperial Valley.

The desert region had high priority water rights, meaning its access to water was hard for anyone to take away.

“He had it on his mind that water rights were very, very important," said his grandson, Thomas Cox, who now farms in the Valley.

He was right. Today the Imperial Valley, which provides many of the nation's winter vegetables and cattle feed, has one of the strongest grips on water from the Colorado River, a critical but over-tapped supply for farms and cities across the West. In times of shortage, Arizona and Nevada must cut first.


But even California, the nation's most populous state with 39 million people, may be forced to give something up in the coming years as hotter and drier weather causes the river's main reservoirs to fall to dangerously low levels. If the river were to become unusable, Southern California would lose a third of its water supply and vast swaths of farmland in the state's southeastern desert would go unplanted.

“Without it, the Imperial Valley shuts down,” said JB Hamby, a board member for the Imperial Irrigation District, which holds rights to the largest share of Colorado River water.

EDITOR’S NOTE: This is part of a collaborative series on the Colorado River as the 100th anniversary of the historic Colorado River Compact approaches. The Associated Press, The Colorado Sun, The Albuquerque Journal, The Salt Lake Tribune, The Arizona Daily Star and The Nevada Independent are working together to explore the pressures on the river in 2022.

A century ago, California and six other states — Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming — created a compact that split the water into two basins and set rules for how much water each would get. A series of deals, laws and court cases that followed led California to get the most water and made it the last to lose in times of shortage.

Fear and frustration over California’s use of the river has driven the compact since its early days. In western water law, the first person who taps the source gets the highest right, and California cities and farmers have relied on the river for more than a century.

Other western states worried California would lay claim to all the river’s water before their own populations grew. The compact and the series of deals that followed attempted to find a balance to protect California’s supply while ensuring other states got some too. California, meanwhile, benefitted when the federal government began building the Hoover Dam to help control the river’s flow.

Today, the states are now gearing up for a 2026 deadline to renegotiate some of the terms to better deal with drought and protect two major reservoirs, Lake Powell and Lake Mead. But before that, the U.S. Bureau of Reclamation has demanded the states find a way to cut their use by roughly 15% to 30% to stave off a crisis. The states failed to meet a mid-August deadline to reach a deal, but negotiations are continuing and no new date for an agreement has been set.

All eyes are on California and its major water rights holders — namely the Imperial Irrigation District and Metropolitan Water District of Southern California — to see if they will give up some of their share. Both districts say they're willing to use less water or pay others to do so — especially if cooperating means they can avoid challenges to their senior rights.

But they're playing coy about what exactly they're willing to give.

The river is the only water supply for the Imperial Irrigation District, whose farmers grow broccoli, onions, carrots and other winter vegetables as well as alfalfa and other feedstock. The limited water underneath the ground in the region, near California's border with Arizona and Mexico, is not usable, and it does not have access to state water supplies.

The irrigation district was historically entitled to more water than either Arizona or Nevada, though it's given some up over the years in exchange for payment from cities like San Diego and Los Angeles. In 2019, its board rejected a drought contingency plan signed by other water users in Arizona, Nevada and California.

This time around, officials say the district would be open to leaving fields unplanted to save water on a temporary, emergency basis. But neither Hamby nor board spokespeople would say how much.

State officials are looking to the $4 billion approved by Congress for the Colorado River as a possible source of money that could be used to pay the district and, in turn, farmers, to use less water.

The farmers aren't privy to all of the district's negotiating tactics, but are trying to organize among themselves to avoid having cuts foisted on them, Cox said. Many farmers have already installed drip irrigation lines that use less water, but they would be willing to adopt more conservation tactics if they'd be paid to do so.

Already, Cox said he's making decisions about whether to plant on all of his vegetable fields this fall because he's getting less water than normal under a new system adopted by the board.

“With water uncertainty, there's going to be more uncertainty on food supply," he said.

And it's not just farmers who rely on the Imperial Irrigation District's water. Runoff from the farms feeds the Salton Sea, a massive inland lake created in the early 1900s when the Colorado River flooded. It's now rapidly drying up, exposing surrounding communities to toxic dust and killing the habitat that birds and fish rely on. The state and federal government are now looking for other ways to support the sea in the absence of river water, and its being eyed as a possible site for lithium extraction.

“We're talking about a body of water surrounded by communities who have been marginalized for so (long), that don't have the infrastructure or capacity to protect themselves from climate change, from less availability of water, from more dust," said Silvia Paz, executive director for Alianza Coachella Valley, an organization fighting to improve the economy and health outcomes in the region.

Behind the irrigation district, the Metropolitan Water District is the state's second largest user of the river's water. The Colorado makes up about one-third of the water supply the district uses to provide water for drinking, bathing, landscaping and recreating to roughly half the state's population. Los Angeles County, the nation's largest, is one of the many areas in Southern California that relies on the river's water.

It's allowed to store some of the water it doesn't use in Lake Mead, which California officials say has actually helped stave off a river crisis in recent years. But this year, short on other supplies, the district may actually try to pull some of that water out if needed, a move that would likely cause friction with other states in the basin.

The district also gets water from the Sacramento-San Joaquin River Delta, the state's main source of water supplies. But the Delta is suffering from drought, too, and the state only approved 5% of requested supplies this year. As it looks to stabilize its water supply for the future, the district is spending billions on a water recycling plant and urging people to use less water for their lawns.

Still, ensuring the Colorado River is available in dry years when other supplies aren't available is the district's priority, said Bill Hasencamp, the district's Colorado River manager.

Farm-heavy water districts in the Coachella Valley and Riverside County also get Colorado River water, which they use for crops like citrus, melons and barley. The Fort Mojave Indian Reservation and Colorado River Indian Reservation are among the tribes in California with river rights.

Looking to the future, both climate change and politics are at play as California's water users debate what it will take to keep the river alive.

“What they really want is reliability and predictability,” said Michael Cohen, a Colorado River expert with the Pacific Institute. “What they don't want is Arizona screaming that Phoenix and Tucson are dried up and California doesn't take a drop of reductions.”
















___

The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP’s environmental coverage, visit https://apnews.com/hub/climate-and-environment
THE FRIENDS OF MR. PUTIN
Putin ally falls into the sea, adding to list of mysterious deaths suffered by Russian energy bosses

Mia Jankowicz
Tue, September 13, 2022

A top Russian executive has died falling from his boat near Vladivostok, local media reports.

Ivan Pechorin has been described as an ally of Putin, who reportedly picked him for the role.

Pechorin is the latest in a string of unexplained deaths among Russian bosses.


Another Russian energy boss has died in mysterious circumstances after "falling overboard" from a boat, according to local media reports.

Ivan Pechorin's body was found washed up around 100 miles from Vladivostok in Russia's far east, on Monday after a two-day search, local outlet VL.ru reported.

Pechorin fell off his moving boat on September 10 as it sailed near Russky Island, the outlet reported. He was the Aviation Director for Russia's Far East and Arctic Development Corporation (KRDV), which described his death as an "irreparable loss."

The KRDV is President Vladimir Putin's project for developing the rich energy and mining resources of Russia's farthest eastern region, which has become a crucial objective under the weight of international sanctions.

According to the Mirror's Russia correspondent, he was personally selected by Putin for his role, and was described by Newsweek as Putin's "key man" in the region.

Days earlier, Pechorin spoke on a panel about transportation at an economic forum where Putin gave a keynote speech.

Born in 1983, Pechorin is the second KRDV executive to die unexpectedly this year, adding to an ever-expanding roster of Russian businessman and oligarch deaths.

In February, the same firm announced the death of its general director, Igor Nosov. The 43-year-old died of a stroke, Newsweek reported.

On September 1, state media reported the death of Ravik Maganov, chair of the board of directors of top Russian oil company Lukoil, saying he fell from a hospital window.

Lukoil had taken the unusual step of criticizing the Russian invasion of Ukraine six months earlier.

At least eight other oligarchs with connections to the energy industry have also died in mysterious circumstances in 2022.

They include Sergey Protosenya, who was found dead in Spain along with his wife and daughter in a suspected murder-suicide in April and Vladislav Avayev, also suspected of a murder-suicide just two days before in Moscow.

In May, former oil executive Alexander Subbotin died at the house of a shaman in the Moscow region, which was reported in state media as the result of a likely heart attack. According to Newsweek, he was seeking a hangover cure.

Then in July, shipping CEO Yuri Baranov was found dead of a gunshot wound in his St Petersburg swimming pool.

Saturday, September 17, 2022

A Christian fundamentalist lawsuit threatens 'everything from cancer screening to vaccines'

Alex Henderson, AlterNet
September 09, 2022

Photo: Shutterstock

In Texas, Jonathan Mitchell — the far-right attorney who was behind Texas’ draconian anti-abortion law — has also declared war on a part of the Affordable Care Act of 2010, a.k.a. Obamacare, that he claims is discriminating against Christians. Mitchell has filed a lawsuit challenging the ACA’s requirement that a private company’s health care plan cover preventative services, including anti-HIV drugs, which some far-right Christian fundamentalists view as pro-gay. And on Wednesday, September 7, Judge Reed O’Connor, a hard-right appointee of President George W. Bush, agreed with Mitchell’s lawsuit and the claim that anti-HIV medication “facilitates and encourages homosexual behavior.”

The Washington Post’s Ruth Marcus is vehemently critical of Reed’s ruling and Mitchell’s lawsuit in her September 8 column, arguing that both of them are willing to endanger the health and wellbeing of Americans in order to pander to Christianity’s lunatic fringe. The company that Mitchell is representing in the lawsuit is Braidwood Management.

“Mitchell, pressing an array of arguments that conservatives have deployed to dismantle the modern administrative state, argued that the mandates for free contraception and other preventive services were unconstitutional because the entities imposing the rules weren’t subject to enough presidential control or congressional oversight,” Marcus explains. “He lost on the contraception claim, but the judge, Reed O’Connor, found that the panel that determines what other services should be covered is unconstitutional because its members aren’t appointed by the president or confirmed by the Senate — threatening guaranteed no-cost coverage for everything from cancer screening to vaccines.”

The Post columnist continues, “The decision might not stand. After all, this is the same judge who, in 2018, struck down the entire Affordable Care Act based on a cockamamie theory involving the supposed unconstitutionality of a single section — the individual mandate. Last year, the Supreme Court, ruling 7-2, slapped him down, finding that Texas and others challenging the ACA didn’t have standing because they hadn’t proved the provision injured them…. Yet, here we go again; pushed by conservative lawyers, a conservative judge — O’Connor was nominated by George W. Bush — bends over backward to accommodate strained claims of religious liberties.”

The 64-year-old Marcus, who is Jewish, stresses that she isn’t trying to be “dismissive of freedom of religion.”

“As a member of a minority faith,” Marcus writes, “I’m sympathetic to such arguments…. But, as this dispute demonstrates, things have gotten entirely out of whack and, in this era of conservative-dominated courts, now tilt too far in the direction of religious rights.”

Marcus continues, “Medicine has made enormous strides since the emergence of the AIDs epidemic. Antiviral PrEP medications — short for pre-exposure prophylaxis — reduce the risk of contracting HIV from sex by 99 percent. As a result, a government advisory committee recommended, in 2019, that the drugs be made part of the mandatory package of fully subsidized preventive care. This is a development that everyone should cheer, including people who call themselves Christians: It prevents needless death.”

The columnist argues that it is twisted logic to claim that coverage of anti-HIV drugs is “subsidizing gay conduct.”

“If it’s subsidizing gay conduct to cover anti-HIV medication,” Marcus writes, “then isn’t it subsidizing gay conduct to pay gay employees? The court in Bostock (v. Clayton) said religious rights might ‘supersede’ anti-discrimination law ‘in appropriate cases’ and put off the issue for another day. The Mitchell-O’Connor approach would carve a gaping loophole in that protection, which might suit this conservative court just fine.”
Bankruptcy judge approves $2.46 billion reorganization plan for Boy Scouts of America
2022/09/09
Members of the Boy Scouts participate in the annual Memorial Day Parade on May 31, 2021, on the Staten Island in New York. -
 Spencer Platt/Getty Images North America/TNS

A bankruptcy judge in Delaware has approved a $2.46 billion Chapter 11 reorganization plan for the Boy Scouts of America, a decision that will directly impact more than 80,000 sexual abuse survivors

The Thursday ruling by Judge Laurie Selber Silverstein comes more than two years after BSA filed for bankruptcy protection amid a large number of sexual abuse lawsuits that had been filed by Scouts who had been sexually abused as children by the organization’s leaders and volunteers.

The Coalition of Abused Scouts for Justice celebrated the “historic day for tens of thousands of survivors of childhood sexual assault.”

The coalition, which was formed in 2020, includes more than two dozen law firms representing more than 70,000 survivor-claimants in the BSA bankruptcy case.

“The confirmation of this Plan makes closure possible and some measure of justice tangible for people whose voices have been silenced for far too long,” the group told the Daily News in a statement Friday morning.

The decision means that “tens of thousands of people who were abused as children will be eligible for compensation within their lifetime.”

The amount each survivor could receive from the bankruptcy plan will depend on multiple factors relating to the abuse, according to Jeff Anderson and Associates, a St. Paul, Minnesota-based firm that specializes in representing victims of childhood sexual and represented more than 800 Boy Scout abuse survivors.


The funds for the settlement will come from BSA, as well as local councils, insurers, and organizations that supported scouts activities, including Catholic institutions and parishes.

“Credit to the courageous survivors that this breakthrough in child and scouting safety has been achieved,” attorney Jeff Anderson said following the judge’s decision.

According to the coalition, the judge reviewed the $2.46 billion reorganization plan and “concluded that it was proposed in good faith.”

But the group added that the monetary compensation, while welcome, is only part of the fight.

“Throughout this case, what we’ve heard time and again from survivors is that it’s not only about the money, because no amount of money in the world will make up for being sexually abused as a child,” the coalition said. “The most important thing to them has been ensuring the safety of current and future Scouts.”

Violence against Indigenous women grows in Vancouver BC amid 'apathy and injustice'

Image via Shutterstock.
Tanupriya Singh and
Globetrotter September 16, 2022

Violence against Indigenous women is “escalating like never before,” the Union of British Columbia Indian Chiefs (UBCIC) has warned. A series of tragedies have rocked the city of Vancouver (unceded Musqueam, Squamish, and Tsleil-Waututh lands) in recent months, including the discovery of the body of a 14-year-old Indigenous child, Noelle O’Soup, in May.

This article was produced in partnership by Peoples Dispatch and Globetrotter.

“Apathy and injustice prevail among the authorities while the intersecting crises of MMIWG2S+ [missing and murdered Indigenous women, girls, Two-Spirit, and others], the colonial child welfare system, homelessness, and the opioid crisis are literally killing our people,” said Kukpi7 (Chief) Judy Wilson, UBCIC secretary-treasurer, according to a press release by the organization.

Noelle O’Soup was found in an apartment approximately a year after she went missing from a group home in Port Coquitlam, while under the care of the Ministry of Children and Family Development (MCFD), British Columbia. Reports on the circumstances of her disappearance and the investigation into her death have revealed negligence by both the police and the government. “The major investigative oversight occurred despite multiple visits to, and apparent inspections of, the single room occupancy unit where Noelle O’Soup’s remains would finally be discovered,” stated Global News. Her case, unfortunately, is more the rule rather than the exception in Canada.

An Ongoing Genocide

In 2019, the National Inquiry into Missing and Murdered Indigenous Women and Girls (NIMMIWG) released its final report, declaring that the violence against Indigenous women, girls, and 2SLGBTQQIA (Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex, and asexual) people amounted to “genocide.”

The NIMMIWG emphasized that this genocide had been “empowered by colonial structures evidenced notably by the Indian Act, the Sixties Scoop, residential schools, and breaches of human and Indigenous rights, leading directly to the current increased rates of violence, death, and suicide in Indigenous populations.”

The inquiry found that “Indigenous women and girls are 12 times more likely to be murdered or [go] missing than any other women in Canada,” with the figure soaring to 16 times when compared to white women in the country.

A report by Statistics Canada released in April 2022 stated that 56 percent of Indigenous women have experienced physical assault, while 46 percent have experienced sexual assault in their lifetime. Constituting approximately 5 percent of Canada’s population of women, Indigenous women accounted for 24 percent of all women homicide victims between 2015 and 2020, according to the Statistics Canada report.

The likelihood of experiencing violence seems to be higher in cases where Indigenous women live in rural and remote areas, if they have a disability, have experienced homelessness, or have been in government care—81 percent of Indigenous women who have been in the child welfare system have been physically or sexually assaulted in their lifetime, according to Statistics Canada.

“Across multiple generations, Indigenous peoples were and continue to be subjected to the detrimental harms of colonialism,” acknowledged the report. Not only are Indigenous children disproportionately represented in Canada’s child welfare system (52.2 percent), but advocates have also found that more children have been forcibly separated from their families now than during the brutal Indian residential schools period.

Along with its final report, the NIMMIWG also made a key intervention in prevailing definitions✎ EditSign of genocide, stating✎ EditSign that “In actuality, genocide encompasses a variety of both lethal and non-lethal acts, including acts of ‘slow death,’ and all of these acts have very specific impacts on women and girls.”

“This reality must be acknowledged as a precursor to understanding genocide as a root cause of the violence against Indigenous women and girls in Canada,” the NIMMIWG added, “[n]ot only because of the genocidal acts that were and still are perpetrated against them, but also because of all the societal vulnerabilities it fosters, which leads to deaths and disappearances.”

‘The Police Don’t Protect Us’


The remains of Noelle O’Soup were found in Downtown Eastside (DTES), a neighborhood referred to as “ground zero” for violence against Indigenous women. Residents face disproportionate levels✎ EditSign of “manufactured and enforced violence, poverty, homelessness, child apprehension, criminalization, and fatal overdoses.”

Approximately 8,000 women live and work in DTES, where the rates of violence have been more than double compared to the rest of Vancouver, according to data provided by the police.

Indigenous women have an acute vulnerability to violence, and yet the institutional response has been to stigmatize the women in DTES for having “high-risk lifestyles.”

“Harmful stereotypes that are perpetuated against Indigenous women are used as an ongoing tool of colonization to enforce their vulnerability to violence,” stated Christine Wilson, director of Indigenous Advocacy at the Downtown Eastside Women’s Center (DEWC), in an interview with Peoples Dispatch.


In 2019, the DEWC published “Red Women Rising,” a historic report produced in direct collaboration with 113 Indigenous survivors of violence and 15 non-Indigenous women in the DTES who knew Indigenous women who have experienced violence, have gone missing, or have overdosed. “Red Women Rising” was published in response to the final report of the NIMMIWG.

Echoing the argument put forth in “Red Women Rising,” Wilson reiterated that “the criminal justice system constructs Indigenous women as ‘risks’ that need to be contained, which leaves them unsafe and exacerbates inequalities.” Widespread bias✎ EditSign within the policing system has not only influenced whether police take Indigenous women’s complaints seriously, Wilson explained, but also whether Indigenous women approach the police at all.

“The police don’t protect us; they harass us,” stated DJ Joe, a resident of DTES, in the report by DEWC. “Native women face so much violence but no one believes a Native woman when she reports violence.”

In cases involving missing or murdered women, there is a lack of proper investigation and adequate resources, Wilson stated, adding that family members of victims were subjected to insensitive and offensive treatment, alongside general jurisdictional confusion and lack of coordination among the police.

Police have also been actively hostile and abusive toward Indigenous women in Canada. They continue to be targets of sexual violence by police forces, particularly the Royal Canadian Mounted Police (RCMP), which has been deployed on contract policing services in 600 Indigenous communities.

Lack of police and judicial protection also overlaps with criminalization, thereby exacerbating violence against Indigenous women and girls. Wilson added, “Indigenous women are more likely to be violently attacked by their abusers and then more likely to be counter-charged by the police, compared to non-Indigenous women.”

Colonial Patriarchy Poses the Highest Risk

As “Red Women Rising” outlined, “Settler-colonialism intentionally targets Indigenous women in order to destroy families, sever the connection to land-based practices and economies, and devastate relational governance of Indigenous nations.”

The report identified “[m]ultiplying socioeconomic oppressions within colonialism,” including loss of land, family violence, child apprehension, and inadequate services, which worked to displace Indigenous women and children from their home communities.

Forty-two percent of women living on reserves lived in houses requiring major repairs, according to the report, and nearly one-third of all on-reserve homes in Canada were food insecure, with the figure soaring to 90 percent in some areas. Meanwhile, 64 percent of Indigenous women lived off-reserve, in areas such as DTES.

Displacement is closely linked to housing insecurity, with all members of DEWC having experienced homelessness at some point in their lives.

The violence that Indigenous women face is tied to poverty, which in turn “magnifies vulnerability to abusive relationships, sexual assault, child apprehension, exploitative work conditions, [and] unsafe housing,” stated the “Red Women Rising” report.

Not only are Indigenous women disproportionately criminalized for “poverty-related crimes,” but Indigenous families are also investigated for “poverty-related ‘neglect’” eight times more as compared to non-Indigenous families. “[H]igher stressors associated with living in systemic poverty such as drug dependence and participation in street economies are used against Indigenous women in order to apprehend Indigenous children, thus perpetuating the colonial cycle of trauma and impoverishment,” the report pointed out.

As a result, activists argue that what is needed is an “assertion of Indigenous laws and jurisdiction, and restoration of collective Indigenous women’s rights and governance,” and “individual support for survivors such as healing programs.”

“Red Women Rising” had made 200 recommendations to address violence against Indigenous women. Meanwhile, the NIMMIWG had issued 231 “Calls for Justice,” stressing that they were legal imperatives, not recommendations. However, in the three years since the release of both these reports, the Canadian government has made “little progress.”

“While there have been crucial acknowledgments on the subject of violence against Indigenous women,” Wilson told Peoples Dispatch, “now we need actions. We need funds for reparations, we need housing, and we need clean water on the reserves.”

Author Bio: Tanupriya Singh is a writer at Peoples Dispatch and is based in Delhi.