JOBS POLICIES, ANALYSIS, AND RESOURCES
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Renaming US Military Bases
Brief #1—Conversations Across the Aisle Blog
By Brandon Mooney
Eleventh Circuit Court of Appeals Sides With Florida Republican Lawmakers In Restoration of Vote To Felons Case
Brief #134—Civil Rights
By Rod Maggay
The Twenty – Fourth Amendment to the United States Constitution provides in Section One:
The Corruption of William Barr Part 3
Brief #23—Corruption Blog
By Sean Gray
Donald Trump is a documented philanderer. Both of his first two marriages ended in divorce, as a result of infidelities on his part. Payments were made to pornographic actress, Stormy Daniels were made during his 2016 campaign, in exchange for her silence on the affair.
U.S. RESIST NEWS VOTER CHECKLIST: NOVEMBER 3, 2020 ELECTION
U.S. RESIST NEWS VOTER CHECKLIST: NOVEMBER 3, 2020 ELECTION U.S. RESIST NEWS has published this checklist as a guide to help ensure that all Click here to download your own Voter Checklist Voters cast their 2020 election ballots in a safe and timely manner. It is the...
US and Global Coronavirus Update
Brief #79—Health
By Taylor J Smith
As cases across the globe passes 27.6 million and over 6.5 million cases in the US, the death rate is not staying on pace, as many would expect.
The Stock Market and Household Well-Being
Brief #92—Economics
By Rosalind Gottfried
The Stock market has surged, in August, almost to its historic February high, prior to the onset of the Covid-19 pandemic. This in spite of the absence of a new stimulus, the bi-partisan strife in the capital, and the spike in the Covid-19 cases this summer. In fact, the market has gained 32% since Trump took the office of the presidency.
The Police Wall of Shame: The Los Angeles Police Department
Brief #13—Criminal Justice
By Laura Plummer
The Los Angeles Police Department (LAPD) is the largest police department in California and the third largest in the country. Angelenos have been clamoring for meaningful police reform in recent months as the LAPD has made headlines for all the wrong reasons.
How Best to Protest
Op Ed
By Linda F. Hersey
Across the U.S., in cities large and small, protesting increasingly is a popular way for ordinary Americans, especially young adults, to make their concerns and causes known. The First Amendment grants Americans free speech and the right to protest.
Congressional Campaign Update #9
Brief #9— Congressional News Update
By William Bourque
Earlier this year we identified several senate races that are key to the democrats retaking a majority. Now, only two months from elections, we are taking a chance to revisit these races to see where ground has been won and lost.
DOJ Seeks An Unnecessary Expansion Of Government Powers In Court Proceedings Due To COVID-19
Policy Summary: On March 21, 2020 the Politico website reported that the U.S. Department of Justice (DOJ) made a request to Congress seeking new emergency powers as a result of the coronavirus COVID-19 pandemic sweeping the world. Specifically, DOJ requested that Congress give the U.S. Attorney General the power to ask the chief judge of any federal district court to pause court proceedings if the district court is closed due to “natural disaster, civil disobedience or other emergency situation.” Additionally, another request sought to grant to federal judges the ability to pause court proceedings in criminal and civil cases on their own initiative due to an emergency. A final request made by DOJ to Congress was the ability to use videoconference court hearings without the consent or presence of the defendant. LEARN MORE
Policy Analysis: A spokesman for the Justice Department has declined to comment on reports of the requests being made to Congress. But as reported the requests has stirred the unease of many civil liberties advocates nationwide. While the coronavirus COVID-19 pandemic has created new challenges in all aspects of American civil, political and social life the requests being made by DOJ to Congress may not be proportional or even necessary to meet the challenges created by this virus. On closer inspection, the requests are more likely an expansion of governmental powers that reach further than need be to ensure the proper operation of court proceedings.
One of the most appealing aspects of the American judiciary system – both at the state and federal level – is that they are an independent judiciary. They answer only to the highest courts in their states (for state judges) or the U.S. Supreme Court (for federal judges). The U.S. Attorney General has no say over what judges do nor can he control their activities or proceedings. Congress passes laws which all courts must follow (mostly procedural and jurisdictional issues) but after that the courts have the power to decide how the rules will operate.
First off the request to Congress to give the Attorney General power to ask the chief judge of a federal district court to pause court proceedings is overreaching based on the standard sought to be used. In the Politico report, the article stated that the Attorney General could ask for a pause if court proceedings are closed to “natural disaster, civil disobedience or other emergency.” While a natural disaster and other emergency – like the COVID-19 pandemic – would certainly be reasonable grounds to close a court temporarily, the term civil disobedience is problematic. That term is one that can be interpreted in a number of different and it could very likely include legitimate acts of protest. Courts at the federal and state level have operated during times of civil disturbances before and so including this term in the legal standard is not required. What the Attorney General intended was probably to lump legitimate acts of civil disobedience in the same category as natural disaster or other life threatening emergency when in fact most acts of protest do not rise to that level at all. This was a subtle attempt to try and suppress acts of legitimate civil disobedience by making them seem more dangerous. The inclusion of the term civil disobedience in the language of the legal standard was not necessary.
Additionally, the other requests are troublesome because of the effect they can have on the conduct and maybe even the outcome of civil and criminal trials. A request for the power to suggest altering or suspending statutes and rules of procedure gives the Attorney General an opportunity to manipulate a chief judge to, quite simply, ignore rules that courts are supposed to abide by when performing their duties. Some of these rules, such as habeus corpus and speedy trial rules, were enacted specifically to give protections to citizens to ensure that they are not detained any longer than necessary and so that they will have a fair process to contest the accusations against them. In one instance, one of the requests made by DOJ to Congress was the ability to have court conferences via videoconference without the consent or presence of the defendant. This would in effect be a court hearing and/or trial without the defendant present. A government that can accuse and try her citizens without the presence of a defendant or their lawyer is simply not what the criminal justice system envisioned in a fair and just criminal proceeding. With the technological tools available today there is no reason to implement rules and procedures that deprives criminal defendants of civil liberties and protections.
Attorney General William Barr wants to implement more control over the judiciary and is trying to use COVID-19 as some kind of excuse to exert more input. With a Democratic majority in Congress his requests are likely not going anywhere. Additionally, there is bi-partisan support in Congress against the DOJ requests. Just as the civil disobedience term was unnecessary, the ability to alter statutes and procedure rules or suspend them indefinitely is not needed. Congress needs to ensure that any requests of this kind from DOJ be properly vetted so as to not make fundamental changes that can deprive criminal defendants of constitutional and legal protections and leave them at a disadvantage when navigating a criminal trial. LEARN MORE
Engagement Resources:
- Georgia Legal Aid – good infopage on mandatory constitutional requirements in criminal proceedings.
- American Civil Liberties Union (ACLU) – commentary from the ACLU on government actions and ability to uphold civil liberties protections during COVID-19 pandemic.
This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact Rod@USResistnews.org.
Coronavirus Deals a Blow to US Schools
On April 2nd, NPR reported that roughly 9 out of 10 schoolchildren are out of school globally due to COVID-19.
On April 2nd, NPR reported that roughly 9 out of 10 schoolchildren are out of school globally due to COVID-19. In the United States, many children will be out for the rest of the year. Virginia, for example, has already announced that in-person instruction will not resume until fall, at the earliest. According to NPR, experts expect it will take current students at least two years to recover academically. In the meantime, drop-out rates will surge.
School districts have scrambled to roll out distance learning programs, although many students lack the resources to access education online. Low-income students may lack internet at home, and those with disabilities are unable to receive the accommodations they need. In an effort to fill the gaps, telecommunications companies have offered discounted service for some consumers, and certain districts have attempted to make WiFi more accessible via hotspots. Additionally, some teachers have chosen to provide printed worksheets and phone conferences. In the midst of widespread panic and disorder, however, it is impossible to scale these measures to meet the need completely.
Providing for millions of students is a job for the federal government, which has unfortunately given a muted response. In the recently passed CARES Act, $13.5 billion of the $2 trillion package was allotted to education. The funds could be used for a wide variety of needs, including distance learning initiatives, upon Education Secretary Betsy DeVos’ approval. Even more concerning, the legislation allows states to fund education at a lower level than previous years “for the purpose of relieving fiscal burdens on states that have experienced a precipitous decline in financial resources.”
Analysis
Like every other facet of society, the American education system is struggling to hold itself together during this crisis. Individual districts have made admirable efforts to support students, but this amounts to a confused patchwork of resources nationwide. Yet again, the most vulnerable Americans will find themselves at a disadvantage. Low-income students from poor and rural areas will have the most obstacles to accessing education, while their schools will have the fewest resources to help.
Additionally, the $13.5 billion given to education in the CARES Act pales in comparison to the Obama Administration’s American Recovery and Reinvestment Act, which gave schools $77 billion. The amount allotted in the CARES Act is essentially a pittance given the scale of the crisis; after all, the Obama-era legislation was enacted when schools were operating normally. Not to mention the fact that the oncoming recession may eclipse the 2008 financial crisis, constraining school budgets further.
In the wake of this recession, funding for education should be maintained, not decreased. The federal government’s refusal to guarantee this shows that students, particularly working-class ones, are not a major priority. Wealthier districts, blessed by the neighborhood’s tax base, will continue to provide an education of consistent quality. Meanwhile, poor districts that were already struggling will see their difficulties compounded under CARES Act provisions. In short, the cycle of educational inequality will only intensify, spurred on by the empty gesture of this stimulus package.
Resources
- The Education Trust is working towards equitable education for low-income and POC students.
- No Kid Hungry has outlined its response to the crisis and provided additional resources for those looking to help.
- Khan Academy provides free, high-quality educational resources.
Judge Orders Release of Immigrant Children While “The Wall” Continues to be Built
Policy Summary
A Federal Judge in Los Angeles ordered the US government to make continuous efforts to release migrant children held in detention facilities. These children are supposed to be transferred to the care of outside sponsors unless they pose a flight risk, within 7 days. There are currently nearly 7,000 children being detained in government run shelters. Several staff members and at least 4 children have tested positive for COVID-19 in shelters throughout the country. By April 6, both the Office of Refugee Resettlement and ICE (the 2 main agencies operating migrant children detention facilities) must prove their efforts to release migrant children.
The Trump Administration is insistent on quickly continuing the construction of the wall along the US Southern Border to prevent the spread of COVID-19 to the US from Mexico, despite the CDC denouncing this is an effective strategy. Currently, in the small town of Ajo along the Arizona-Mexico border, workers from all over the country are filling up motels, airbnbs and mobile home camps. The town itself is full of retirees and is relatively removed from the nation’s current COVID-19 hotspots, so it is rather underprepared should an outbreak occur.
Analysis
Townspeople of Ajo, Arizona are concerned the influx of people from all over will heighten their risk to contracting COVID-19 and the workers clustered in tight quarters can exponentially grow the cases in the US. These workers, if they contract COVID-19, may pass it on to their families when they return home (and all the different places throughout the country these workers came from). Similarly, due to the living situations in migrant detention centers, thousands of children may be in danger of contracting COVID-19 as a result of their close living situations. Building the wall during a pandemic is not a strategic move to curb the spread of the virus, but rather pursuing the Trump Administration’s immigration agendas that have been in place long before the virus was introduced to the US
Engagement Resources
- The National Immigration Law Center: an organization that exclusively dedicates itself to defending and furthering the rights of low income immigrants and strives to educate decision makers on the impacts and effects of their policies on this overlooked part of the population.
- Border Network for Human Rights: network to engage education, organization and participation of border communities to defend human rights and work towards a society where everyone is equal in rights and dignity.
- World Health Organization: the WHO provides updated information surrounding COVID-19 and global responses
- Center for Disease Control: the CDC provides updated information surrounding COVID-19 and the US responses
COVID-19, Corona virus, recession, economic stimulus, recovery The Two Trillion Dollar Economic Relief Plan
Policy:
When the partisan bickering resolved, the country was left with a relief package that reflected some of the Democrats’ modifications on an earlier Republican-backed proposal. The bill, passed on Friday March 27th, includes help for taxpayers, small businesses, industry, student loan payments and a few other contingencies. Basically, single taxpayers making up to $75K will get a one-time payment of $1200 while married couples will get relief if they earn less than $150K. Parents will receive $500 for children under the age of 16. People who exceed these levels by a small margin will be eligible for a pro-rated amount. Details on payments can be found here: https://www.nytimes.com/article/coronavirus-stimulus-package-questions-answers.html.
Payments should take about three weeks. College students who are dependents will not receive any benefits.
Unemployment benefits have been boosted in various ways and the one week waiting period has been suspended. Unemployment benefits are determined by states and maximum payments vary with Alabama providing $275 PER WEEK , CA $450, and NJ $713, indicating state differentials. Benefits can last 26 weeks. The federal relief program incoudes additional payments of $600 per week and extends the state and federal payments for 13 extra weeks. As of this bill, the additional $600 is available through July 31st. Part-time and self-employed people, normally ineligible for unemployment benefits, will now receive aid based on previous income and pro-rated accordingly. People unemployed due to illness self-quarantine or caring for the ill (rather than job loss) will also become eligible. Additionally, those who stay home to care for children or the elderly will also be eligible.
Relief for payments on student loans also is included in the bill. Payments have been waived for two months, including payments, interests, and fees and no penalties will be accrued. This pertains to federal government loan programs. People can borrow two times the usual amount from 401(k) and retirement accounts, for 180 days, without penalties if these are necessary for coronavirus related emergencies. Large cash donations to public charitable organizations can be deducted from 2020 taxes at 100%. There are no protections for utilities and internet service in the federal program though some localities and companies have made emergency provisions. The bill provides for a national eviction moratorium for 120 days for renters in buildings secured with federal loan programs.
The bill includes $377 billion for payments to cover worker layoffs and to help businesses stay open. Small businesses are eligible for eight weeks of cash flow assistance through 100% federal guaranteed loans for wages. If payroll payments are maintained, then the portion of the loan used for those and for mortgage, rent, and utilities will be forgiven. This is retroactive from February 15, 2020. Other moneys are available for institutions supporting small businesses. Summary of details: https://www.rubio.senate.gov/public/_cache/files/28e8263e-e7d4-4da7-a67b-077c54ba4220/9F7B494B2E355791B24536DC2162CF16.final-one-pager-keeping-american-workers-paid-and-employed-act-.pdf.
The relief package also includes $500 billion for aid to US industries such as airlines and to cities and states. Hospitals will receive $100 billion to support their needs. The oil industry and the cruise industries were not included in the bill.
Additional details regarding what’s it he bill may be found here: https://www.politico.com/news/2020/03/25/whats-in-stimulus-package-coronavirus-149282
Analysis:
In spite of being the largest federal relief program in history, the current program likely will be insufficient to the need. Three million people filed for unemployment nationwide last week and one million in CA alone in the past few weeks. Some states experienced multiple crashes of their unemployment websites. Average unemployment payments will be around $936 and some conservatives have complained that the sum in in excess of some low paid workers actual income. Pelosi has reportedly suggested that there will be more programs in the future. The Democrats sacrificed a request for a 15% increase in food supplements, through the SNAP program, to arrive at bipartisan support for the bill. Pelosi also seeks free testing and medical treatment for everyone affected by the virus. There will likely be a need to extend family and medical leave and protections for workers’ safety and health. Many experts suggest that more direct payments will be needed and that the current ones will be too late to help some people already evicted or in default. Additionally, the most vulnerable are excluded from the program including domestic workers, other cash workers, undocumented workers, and the homeless.
The program, with its aid to workers, small businesses, and unemployment is a step in the right direction but many feel it needs to go further.
References:
China and Cuba Play a Global Leadership Role in the Fight Against the Coronavirus While the US Ops Out
As the coronavirus has spread across the world and effectively brought nation-states to their knees, we have seen an interesting soft power push by traditionally opposing powers of the West, and the U.S. in particular, to provide much-needed aid to thankful recipient governments.
Policy Summary
As the coronavirus has spread across the world and effectively brought nation-states to their knees, we have seen an interesting soft power push by traditionally opposing powers of the West, and the U.S. in particular, to provide much-needed aid to thankful recipient governments. This is a model that the U.S. and the Trump administration should mirror, as it has both short- and long-term benefits in terms of forwarding American geopolitical ambitions and fighting the coronavirus scourge.
The foremost example is China. Although it will go down in the history books as the origin of the pandemic and blatantly mishandled the crisis initially, China has made great strides towards re-defining its international image as its domestic crisis has diminished. It has pledged testing kits to the Philippines, already donated testing kits to Cambodia, sent medical supplies and coronavirus experts to France and Italy, and has promised support to Spain and many others. It has also flown medical specialists to Iraq and Iran, along with medical equipment and supplies. Italy has been particularly accepting and grateful of China’s help, citing the fact that the European Union has done little to help them. Serbia has recently asked for assistance from China as well rather than their customary European allies, calling Xi Jinping a “brother” and a “friend” in the face of nonexistent European solidarity.
Then there’s Cuba, which arguably has the most well-established and best health care system in Latin America and the Caribbean. Despite the potential of attracting American ire, Jamaica and the local government of the north of Italy have both asked Cuba for nurses, equipment, and medical experts. Cuba has happily agreed and publicly stated that it has “solidarity with Italy.” Britain has also received assistance from Cuba, with the island nation being the only one in the Caribbean willing to allow an infected British cruise ship to dock on its shores.
Analysis:
In times of extreme need and crisis, usual, politically minded questions about motivations and underlying ambitions are ignored in pursuit of alleviation and resolution. Since the end of World War II and the Marshall Plan, the West has been the standard provider of humanitarian aid and the celebrant of mutual cooperation. However, the coronavirus has laid bare these claims of benevolence and the Trump administration’s historically go-it-alone strategy has no doubt severely weakened the international community’s faith in the established world order.
In such a vacuum, China has seen the opportunity to pacify international anger at its role in the spread of the pandemic, grow its soft power base, and further bolster its economy and domestic support. China has painted itself as a benevolent, accountable leader on the world stage, and this crisis is an excellent window to make headway. Although people may be furious at China for the pandemic, those that are drowning will never turn away a life raft, even if said raft come with its own geopolitical price tag. For example, the Iraqi and Chinese governments have recently announced that they are not simply confining their relationship to fighting the outbreak in Iraq, but to work within the oil industry and modernizing the country’s electric infrastructure. China has been actively preaching the advantages of political cooperation, and has chastised U.S. sanctions against Venezuela and Iran, protesting that they are violations of the spirit of humanity in such times of crisis. It has now been accepted and even praised by the governments of Europe that had previously been shut to its influence; a boon for its national propaganda machine that seeks to appease an agitated, post-virus populace. Its manufacturing centers for masks and other medical supplies are experiencing global demand. And while the U.S. sits idle and looks to its own self-interest, China bolsters its position.
Cuba has also lost no time in furthering its place as the provider of aid. With arguably the best health care system in the Caribbean and Latin America, Cuba is in a prime state to make use of the tenants of soft power. It has stated that the needed principles of common unity, transnational collaboration, and health as a human right are key to the, “humanist practices of the Revolution and of our people.” If anything, this crisis is a blessing for Cuba in the international relations sphere. With a strong domestic health care system, it can likely weather the pandemic, and by exporting medical professionals it garners popular support that had been previously unattainable under U.S. hegemony and international favor that will only help in the future.
The Trump administration should be looking at these examples and making similar steps to reach out and forge humanitarian connections with countries across the globe. Not only would this signal that the U.S. is more than a self-serving global hegemon and greatly reduce worldwide human suffering, but it would assist in maintaining America’s long-term power base. A world order arranged around a central power is only upheld by its members as long as said power is seen as being compassionate and pursuant of mutual benefit, and in this continuing pandemic, the U.S. is not displaying that it has the best interest of others at heart. In addition, it is necessary to end this brief by saying that this argument has placed all humanist and moral values aside, and that as human beings, we should work to reduce the suffering of others as much as possible. We are all human, after all. We should act like it.
All In This Together
Inspirational song about coronavirus pandemic
Photo by Perry Grone
Nevada First State To Make Voting By Mail Mandatory For Upcoming 2020 Primary
Policy Summary:
Due to the dangers of the COVID-19 coronavirus, the U.S. federal government, a number of U.S. states and numerous local governments encouraged a variety of preventative social measures to try and contain the virus. Shelter in place and stay at home orders, the closing of non – essential businesses and suggested social distancing techniques eventually led to an estimated 150 million Americans – out of an estimated 325 million total population – unwillingly confined in their homes. Most suggestions and orders by the governments were to last through March 2020 but some have been extended into April 2020.
On June 9, 2020 the State of Nevada is scheduled to hold a primary for all statewide offices. (Nevada held a presidential caucus in February 2020 for only the candidates for the Democratic presidential nomination. Senator Bernie Sanders of Vermont won the state’s delegates in that contest). However, because of concerns about spreading the COVID-19 coronavirus in polling stations where hundreds would gather at a time and thousands would pass through throughout the day, Nevada Secretary of State Barbara Cegavske announced, in conjunction with county election officials in all seventeen (17) of Nevada’s state counties, that the primary election would be conducted entirely by mail and absentee ballot. Shortly thereafter, Governor Steve Sisolak (D-NV) announced his approval of the decision. LEARN MORE
Policy Analysis
There is no doubt that the COVID-19 coronavirus has upended nearly all aspects of American life in 2020. No sector has been spared – the national economy, the American sports world and a number of social events have been curtailed and/or suspended to prevent more Americans from being infected and prematurely struck down dead by the virus.
But in March 2020 and with a coming summer election season that will lead up to the November 2020 American elections, questions have emerged as to how the U.S. will conduct elections with stay at home orders and social distancing practices in place. American elections are a time for Americans to congregate at polling stations around the country and select the candidates of their choice yet medical recommendations and precautions cannot be ignored because of the need to stem the spread of this dangerous virus.
In response, a total of twelve states have made adjustments to upcoming primaries. Seven states moved their upcoming primaries to June 2, 2020 (Connecticut, Delaware, Indiana, Maryland, Ohio, Pennsylvania and Rhode Island) while Louisiana, Kentucky and Georgia moved their primaries to a number of different dates in May and June 2020. By pushing the dates further into the summer, it was hoped the spread of the virus would be contained by then and it would be safe for American voters to visit their local polling booths.
In that context, Nevada’s decision is unique in that it has become the first state to announce a primary that will be conducted entirely by mail. A number of other states have publicly urged citizens to vote by absentee ballot (Wyoming, Alaska and West Virginia) but Nevada is the first to make voting by mail for this primary mandatory. Voters don’t even have to request an absentee ballot, as is the usual practice. Nevada will simply mail all registered voters their ballot with technical instructions as to how to fill it out and how to utilize either of the two options to return the package. Voters can simply drop it in any mailbox or drop it off at their local polling station at a drive – through site. Ballots will have to be received or postmarked by primary election day but Nevada has assured their voters that there will also be a seven – day window for the state and/or the voter to correct technical errors if any are detected.
While America and much of the world remains on edge with the ongoing threat of this virus, the steps taken by the State of Nevada to continue the democratic process with a workable absentee ballot/mail – in system is the model other states should implement as soon as possible. LEARN MORE, LEARN MORE, LEARN MORE
Engagement Resources:
- Election Protection – non – profit group working to protect citizen’s right to vote with webpage on states who have adjusted their primaries because of the COVID-19 coronavirus.
- Lawyers Committee For Civil Rights Under Law – non – profit’s webpage with a broad general overview of issues related to voting rights.
This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact Rod@USResistnews.org.
Photo by James Walsh
Coronavirus Hits Higher Education
As the COVID-19 crisis unfolds, universities have experienced unprecedented disruptions.
As the COVID-19 crisis unfolds, universities have experienced unprecedented disruptions. Over the past few weeks, they’ve emptied classrooms and dorms, with most opting to finish the semester online. A few have cancelled courses altogether. Though extreme, these measures will protect students and staff from the rapid spread that would occur via stadium-like lecture halls, busy cafeterias, and crowded dorms. It was the only safe option, but the fallout will reverberate through America’s higher education system for years to come.
In previous generations, when college was reserved for the well-to-do, campus closures were a frustrating inconvenience. Today, there are literally millions of low-income college students in the US, and these unexpected changes have left them reeling. They’ve been forced to make costly trips home or rent apartments on short notice. These effects are compounded by surging unemployment rates, particularly in the service sector. While some institutions are offering full or partial refunds, it won’t be enough for many low-income students to balance the unforeseen expenses. For those that can’t rely on their family’s coffers, dropping out may become the only option.
Additionally, the transition to online instruction has put financial strain on the universities themselves. Roughly a third of schools were already operating at a deficit due to plateauing enrollment and declining government funds; now they’ll struggle with losses during and after the crisis. After sending out tuition refunds, universities will likely see a marked decline in enrollment. How schools will navigate these dire straits remains unclear; for the hardest hit, it will become an existential threat.
In response to the crisis, American Council on Education (ACE) released a memo asking for federal support. Among their requests were emergency financial aid for students and schools, zero-interest loans for universities, and support in implementing remote instruction.
Analysis
The pandemic has laid bare the already untenable state of American higher education. Soaring tuition and poor job prospects have already led younger generations to question the value of a degree, and these concerns are more salient than ever as online curriculums are rolled out with limited preparation.
In addition, the crisis in higher education has cast yet another spotlight on America’s chasmic wealth gap. Despite our society’s insistence to the contrary, a college degree is a hard-earned privilege, and now thousands — perhaps millions — of low-income students will be unable to afford it.
As ACE’s memo points out, these are the same students that rely on universities for food, housing, transportation, and medical care. Particularly in large public institutions, these basic needs are heavily subsidized. Many students would be unable to access reliable transportation without their school’s shuttle or bus passes, and the university healthcare system provides the only medical care they can afford.
Yet schools were never intended to provide these services on such a massive scale. Colleges have come to offer so much more than knowledge and professional credentials; increasingly, they are the scaffolding upon which poor students build their lives. For too long they have been covering for our government, providing for students’ basic needs when no other institution will. In the aftermath of this crisis, untold numbers of young adults will be facing an economic void that a $1,200 check won’t fill.
Our higher education system deserves all the federal aid it can get, but ultimately it faces deep flaws that our society as a whole must address.
Photo by Anshu A
Atlantic Coast Pipeline Controversy awaits Adjudication
Policy
In 2017, The U.S. Federal Regulatory Committee gave the final approval for construction of the Atlantic Coast Pipeline (ACP). A project spearheaded by corporate giants, Dominion and Duke Energy Companies, the pipeline is intended to serve as a vessel for natural gas to reach consumers throughout Virginia, West Virginia and North Carolina. The approval process included reviewing permits issued by The US National Forest Service (USFS), The National Park Service (NPS) and several other federal agencies.
The USFS and The NPS are separate federal agencies. The USFS is managed by The Department of Agriculture, while the NPS is managed by the Department of the Interior. The biggest difference between the two is mission and purpose. The 154 forests managed by the USFS abide by a “multiple use” concept; which assesses recreation, fishing, and harvesting of timber. Their goal is to promote the interconnectedness between people and nature, while considering risk and reward to both. The NPS is considered federally protected; emphasizing strict preservation, which protects natural and cultural resources. The nation’s 62 national parks are to remain unaffected by infrastructure, encouraging multiple generations to enjoy their exceptional beauty.
The agencies were tasked with analyzing their lands for impacts that would effect ecological systems, air, water, and all resources indigenous to the region. Upon evaluation, permits were issued by the USFS allowing the pipeline to travel through The George Washington National Forest, The Monongahela National Forest, and travel underneath a section of The Appalachian Trail (AT). Conflict arose when Cowpasture River Preservation Association questioned the USFS’s authority to grant a right of way through the Appalachian Trail, which is classified as a National Park.
Cowpasture River Preservation Association is a citizen formed, non-profit organization located in Virginia. Formed in 1972, the nonprofit group takes aim at infrastructure projects that threaten the pristine character of the Cowpasture River. In 2018, they filed a complaint with the Fourth Circuit Court alleging that the USFS abused their authority when they granted a right of way through the AT. They relied on The Mineral Leasing Act of 1920; a statute allowing rights-of-way for pipelines, however expressly prohibits the U.S. government from authorizing pipelines across federal lands.
The court found in favor of CPRA; ruling that the USFS did indeed violate the Mineral Act of 1920. Only an act of Congress can grant the authority to the National Park Service to issue a permit of right-of-way. The ruling also concluded that the permitting processes were “mysterious, arbitrary and capricious.” After the decision, the USFS petitioned the U.S. Supreme Court on ground writ of certiorari, arguing a definitive answer was of critical national importance.
Analysis
US Forest Service v. Cowpasture River Preservation Association made its way to The U.S. Supreme Court, February 24, 2020 with oral arguments lasting approximately 1 hour. The centralized question for the Supreme Court to decide is “Whether the Forest Service has authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests.”
Anthony Yang, Assistant to the Solicitor General, and Paul Clement, of Kirkland and Ellis on behalf of USFS (petitioners); argue that the footpath of the AT, is not a unit of the National Park System. The footpath is not a product of nature, rather a product of those traversing the lands. The signage and shelters along the 2192-mile trail spanning from Maine to Georgia, are not true to the environment. In his definition, Yang contends that those directives along the footpath are within USFS authority as is the granting of the right-of-way for energy development.
Michael Kellogg, founding partner of Kellogg, Hansen, Todd, Figel & Frederick PLLC for the respondents argued that The Mineral Leasing Act is crystal clear that a pipeline cannot be authorized through federal lands. The exception being for by an act of congress, and he concluded by stating “Whether it’s a historic building, whether it’s a monument, whether it’s a parkway, or whether it’s a trail, if it’s administered, it counts as an area of land.”
The question over authority is to be determined by The U.S. Supreme Court, however, it would be impossible to ignore the political undertones of this case. CPRA was adamant In their original complaint to the Fourth Circuit Court, that there was not sufficient evidence of market demand, nor market justification for this type of infrastructure project. Lastly, they cited emails from the Trump Administration which pressured the USFS to stick to Dominion and Duke’s project timeline.
Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects (2017), an executive order signed into action by the President highly benefited the $6.5 million-dollar infrastructure project. Reaping the benefits of the proposed pipeline are Dominion, Duke, along with company shareholders. The two companies are revered as corporate political powerhouses in Virginia. Their linkage to the Trump Administration stems from former board member and now, United States Attorney General; William Barr. The energy companies have been known to align their political views with both parties, however have shifted their alliance toward the Trump Administration.
*US Forest Service v. Cowpasture River Preservation Association is pending adjudication before the U.S. Supreme Court.
Resistance Resources
- Atlantic Coast Pipeline . (2020). Retrieved from www.atlanticcoastpipeline.com: https://atlanticcoastpipeline.com/
- Ballotpedia . (2020). Retrieved from https://ballotpedia.org: https://ballotpedia.org/United_States_Forest_Service_v._Cowpasture_River_Preservation_Association
- Cowpsture River Preservation Association . (2020). Retrieved from https://cowpastureriver.org/: https://cowpastureriver.org/
- Dominion Pipeline Monitoring Coalition. (n.d.). Retrieved from http://pipelineupdate.org/: http://pipelineupdate.org/
- Facing South . (n.d.). Retrieved from https://www.facingsouth.org: https://www.facingsouth.org/2019/12/big-energy-front-group-launches-push-troubled-atlantic-coast-pipeline
- NC Warn . (n.d.). Retrieved from https://www.ncwarn.org: https://www.ncwarn.org/our-work/
- Sierra Club . (n.d.). Retrieved from https://www.sierraclub.org/: https://www.sierraclub.org/
- Southern Environment . (n.d.). Retrieved from https://www.southernenvironment.org: https://www.southernenvironment.org/cases-and-projects/proposed-natural-gas-pipeline-threatens-scenic-western-virginia
- The Allegheny Blue-Ridge Alliance . (n.d.). Retrieved from https://www.abralliance.org/: https://www.abralliance.org/
References
Atlantic Coast Pipeline . (2020). Retrieved from www.atlanticcoastpipeline.com: https://atlanticcoastpipeline.com/
Ballotpedia . (2020). Retrieved from https://ballotpedia.org: https://ballotpedia.org/United_States_Forest_Service_v._Cowpasture_River_Preservation_Association
Cowpsture River Preservation Association . (2020). Retrieved from https://cowpastureriver.org/: https://cowpastureriver.org/
New York Times . (2020, February 23). Retrieved from www.nytimes.com : https://www.nytimes.com/2020/02/23/opinion/appalachian-trail-pipeline.html
SCOTUS Blog . (2020). Retrieved from www.scotusblog.com : https://www.scotusblog.com/case-files/cases/atlantic-coast-pipeline-llc-v-cowpasture-river-preservation-association/
Vote-by-Mail: An Opportunity for Truly Democratic Elections in the Era of Covid-19
Policy Summary
With election day less than eight months away and primary races in many states already delayed or pushed further out on the calendar, concern is mounting about how an election can be conducted under the current or even more draconian restrictions related to the COVID-19 pandemic. Senators Amy Klobucher (D-Minnesota) and Ron Wyden (D-Oregon) have introduced the Natural Disaster and Emergency Ballot Act of 2020 which provides funding and guidance for states, counties and localities to quickly move to vote-by-mail elections. The legislation also strongly discourages on-line balloting efforts which it deems insecure.
Analysis
The November 3, 2020 election will feature not only a presidential matchup but contests for 35 Senate seats, all 435 members of the House of Representative, 11 gubernatorial races and countless state, county and municipal offices. Each of these jurisdictions are governed by their own set of regulations and procedures and each have experimented with different methods of counting this vote; internet, early voting periods, absentee ballots and general vote-by-mail.
While the amount of documented election fraud in recent years has been infrequent, there is widespread concern that paper-less balloting is easy to perpetrate and hard to detect. Election districts have been moving away from this method. The Klobuchar / Wyden bill seeks to jumpstart a national debate about mail-in ballots as the default method for voting.
In the age of COVID-19, however, there are justifiable concerns about how an election can be carried out safely and fairly guaranteeing the health of voters, poll workers, and the integrity of the election. Clearly we are unprepared for this set of circumstances. The 2016 election saw a participation rate of 61.4% but this is unlikely to be matched if COVID-19 raises additional barriers to participation.
One solution will not solve this problem, but like businesses and institutions throughout the country, hybrid solutions need to be put into place to ensure that the election takes place, participation is maximized and integrity is insured. Fortunately, we do have the technology.
The National Vote at Home Institute has been advocating for mail in ballots for all voters. They envision a system where all voters are mailed ballots and can return them by mail, deposit them in authorized drop-boxes or drop them off at polling stations. Each ballot can be tracked by a phone app so that the voter can determine that their vote has been counted.
This strategy alone will not work. We also need to extend voting hours, increase the number of polling places, ease restrictions on absentee balloting for those that have chosen to relocate during this crisis and, in some limited circumstances, allow internet voting.
Taking this approach will reduce exposure at polling places ad make the voting process more accessible to those that have been unable to vote in the past due to weather, transportation, work or other competing obligations. In the end, COVID-19 could provide the impetus we need to remove barriers to voting and make our voter turnout rate the envy of the world.
Resistance Resources
- Vote@Home – A nonprofit, nonpartisan 501(c)(3) organization, the National Vote at Home Institute is dedicated to ensuring the security of our elections and putting voters’ needs first.
- The National Council of State Legislatures has a Guide to implementing all mail elections.
- Vote.org uses technology to simplify political engagement, increase voter turnout, and strengthen American democracy.
- The MIT Election Data and Science Lab has a Guide to Elections and Covid-19