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“Don’t be fooled”: Manhattan DA rips Jim Jordan over planned field hearing on NYC crime

Manhattan District Attorney Alvin Bragg’s office advised House Judiciary Chairman Jim Jordan, R-Ohio, that he should focus on high crime rates in his own state over the Trump ally’s plan to hold a field hearing in Manhattan on violent crime in New York City.

Jordan, who launched an investigation into Bragg’s investigation of former President Donald Trump ahead of last week’s indictment, plans to head to New York City to interview unidentified witnesses at a recently announced hearing called “Victims of Violent Crime in Manhattan” on April 17, The New York Post reported. A source told the outlet that the hearing would examine “New York’s rampant crime and victims of Alvin Bragg” for his alleged “failure to prosecute” perpetrators. 

In response to the House GOP’s field hearing plans, a spokesperson from Bragg’s office called Jordan’s move to come to the “safest big city in America” a “political stunt” that would fail to engage in “actual efforts to increase public safety, such as supporting national gun legislation and shutting down the iron pipeline.”

“Don’t be fooled,” the statement said.

“The Manhattan D.A.’s Office welcomes public safety conversations. We have them every day with our local, state, and federal law enforcement partners,” the statement added, pointing to New York Police Department data showing that shootings and homicides fell in the first quarter of 2023 “with progress in Manhattan helping to drive the overall citywide decrease.”

As of April 2, 2023, the statement noted, nearly all major crime categories are lower in Manhattan now than they were last year: murders are down 14 percent, shootings are down 17 percent, burglaries are down 21 percent and robberies are down 8 percent.

“In D.A. Bragg’s first year in office, New York City had one of the lowest murder rates of major cities in the United States – nearly three times lower than Columbus, Ohio,” the statement said. “If Chairman Jordan truly cared about public safety, he could take a short drive to Columbus, Dayton, Cincinnati, Cleveland, Akron, or Toledo in his home state, instead of using taxpayer dollars to travel hundreds of miles out of his way.”


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Several Democratic lawmakers also criticized Jordan for running political interference for Trump, who pleaded not guilty to 34 felony counts of falsification of business records.”

Rep. Dan Goldman, D-N.Y., said Jordan is “not welcome in my district,” echoing Bragg’s office that the hearing is merely a “political stunt that is a further waste of taxpayer money to support Donald Trump’s legal defense.”

“Instead of focusing on improving the lives of the American people, Jim Jordan has decided to come to my district at the behest of Donald Trump to continue to weaponize Congress to obstruct an ongoing, non-federal criminal prosecution,” Goldman said. “If Jordan truly cared about public safety, he’d be having a field hearing in Nashville, Tennessee or Louisville, Kentucky, where the most recent of the daily mass shootings have killed more innocent Americans.”

Far-right Texas lawmaker hit with complaint alleging “inappropriate relationship” with an intern

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An internal complaint filed against state Rep. Bryan Slaton, R-Royse City, alleges that he was engaging in a potentially “inappropriate relationship” with an intern. The complaint came after an incident in which Slaton and the staffer allegedly met up at his Austin apartment last weekend.

The complaint, obtained by The Texas Tribune, was reported to the House General Investigating Committee by a legislative staffer. The account in the complaint was also corroborated by another source who works in the Capitol who had direct knowledge of the incident.

Slaton allegedly called the intern after 10 p.m. March 31 inviting her to his Austin condo, the complaint said.

A source with direct knowledge of the incident told the Tribune that Slaton drank alcohol with the intern, who was under 21.

After the incident, Slaton allegedly showed the intern fake emails that purported to have information about the incident in what appeared to be something of a loyalty test, according to the complaint and a person with direct knowledge. After presenting her the email, Slaton allegedly told her to not speak with anyone about the incident.

Slaton, who was in the Capitol on Monday, declined to answer questions and referred to a statement put out earlier in the day by a criminal defense attorney he has retained.

A representative for the intern said she has been advised by the House committee not to comment.

Patrick Short, the attorney for Slaton, issued a statement Monday morning saying his firm is representing Slaton over a complaint, but provided few details. “We are aware of outrageous claims circulating online by second-tier media that make false claims against Representative Slaton,” Short said. “As a result, he has been advised to forward all inquiries in this matter—including any that may relate to a possible complaint—to his legal counsel.”

Short did not identify the specific claims — or media — he was referring to, and he declined to comment further when reached by the Tribune.

The Rockwall-based lawyer’s website says he has “over 30 years of legal experience representing clients in East and North Texas in personal injury, wrongful death, criminal defense, and select civil litigation cases.”

House Speaker Dade Phelan said in a statement that his office would be looking into the matter.

“The Texas House does not tolerate misconduct or other inappropriate behaviors and takes all allegations related to these issues seriously. I expect this matter to be addressed in a swift and thorough manner under the rules governing our chamber for the 88th Legislature and all applicable standards of conduct,” he said.

The Capitol has been abuzz about Slaton’s whereabouts after he missed one of the most important days of the session Thursday, when the House debated the budget. It was even more eyebrow-raising because the conservative rabble-rouser had proposed 27 amendments to the budget. Slaton was the only absence when the roll call was called Thursday morning.

As speculation grew about Slaton during the budget debate Thursday, the chair of the General Investigating Committee, Rep. Andrew Murr, R-Junction, issued a statement saying the panel does not comment “on any investigations it undertakes, including statements confirming or denying the existence of any ongoing investigation.”

Slaton has been married to his current wife since 2017, and filed for divorce in April 2022, according to court filings. They agreed to cease the divorce in November. He is a graduate of Ouachita Baptist University in Arkadelphia, Arkansas, and Southwestern Baptist Theological Seminary in Fort Worth. According to his website, he’s also worked as a youth pastor at numerous Southern Baptist churches in Texas.

He is known as one of the farthest-right members of the Texas House and a thorn in the side of his party’s leadership. He was first elected in 2021, defeating a longtime Republican incumbent he criticized as too moderate.

Slaton is especially known for his stridently anti-LGBTQ views. Last year, he called for a blanket ban on minors at drag shows, saying it was necessary to protect children from “perverted adults.” He has also proposed giving property tax cuts to straight, married couples — but not LGBTQ couples or those who have previously been divorced — based on the number of children they have.

Earlier this year, Slaton also filed a bill that would allow for a referendum on Texas secession from the United States during the state’s next general election, despite most experts agreeing such a move would be illegal.

Allegations of sexual misconduct have cast a long shadow at the Capitol, with little oversight of workplace conduct and frequent attempts to downplay such behavior or sweep it under the rug.

Two years ago, the Capitol was rattled by allegations that a lobbyist had used a date rape drug on a legislative staffer. Those allegations were ultimately determined to be false by a Department of Public Safety investigation, but legislative leaders nonetheless pushed for reforms in how state lawmakers learn about and handle sexual harassment in their workplace.

Lawmakers passed a law that would require sexual harassment prevention training for legislators, statewide elected officials and registered lobbyists.

In 2017, The Daily Beast reported on accounts of sexual harassment and misconduct in and around the Texas Capitol, including allegations made against past and current state lawmakers, like state Sen. Borris Miles, D-Houston, who one woman accused of forcibly kissing her. A spokesperson for Miles at the time called the allegations “unfounded and implausible.”

In 2018, state Sen. Charles Schwertner, R-Georgetown, was accused of sending photos of his genitals to a graduate student at the University of Texas. Schwertner — who was arrested earlier this year on suspicion of drunken driving charges — said at the time that someone else sent the messages using his LinkedIn account and another private phone messaging app that belongs to him.

​Robert Downen, Renzo Downey and Joshua Fechter contributed to this story.


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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2023/04/10/bryan-slaton-texas-legislature-ethics-criminal-attorney/.

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Term limits for the Supreme Court? Yes — it’s constitutional, and it’s high time

The recent and not altogether surprising revelation that Supreme Court Justice Clarence Thomas has for years accepted luxury travel accommodations paid for by a prominent Republican donor — Thomas and his wife, Ginni, a right-wing activist and pro-Trump zealot, apparently do not spend their entire vacation in an RV — has once again prompted calls for reform of America’s highest court. Thomas’s evident disdain for ethical standards, which includes his blithe attitude toward his wife’s activism, has contributed to the Supreme Court’s steadily declining approval ratings. To critics, this is simply another example of the court’s commitment to a partisan agenda rather than the dispassionate interpretation of the law.  

Given that Justice Thomas can act with impunity — impeachment, the only constitutional method for removing a Supreme Court justice, has become an empty threat — his behavior is likely to renew the notion of imposing term limits for the justices. The benefits are obvious. Not only would term limits ensure a periodic shift in the Court’s makeup and likely its philosophical orientation, they would also remove the incentive to nominate only men or women young enough to serve for almost half a century. Thomas was 43 when he joined the court in 1991. Amy Coney Barrett was 48 when nominated by Trump in 2020. John Roberts became chief justice in 2005 at age 50.

The problem with enacting term limits, however, is the widespread belief that a constitutional amendment would be required. Article III of the Constitution mandates that judges “serve during good behaviour.” That ambiguous phrase, according to most scholars and just about every judge, is the equivalent of “for life,” because the delegates to the Constitutional Convention supposedly understood those terms to be interchangeable.  

Robert Peck, for example, the founder and president of the Center for Constitutional Litigation, has said, “Everyone agrees that [term limits] would be unconstitutional. That limits the tenure of a Supreme Court judge that is set by the Constitution for good behavior, which has always been interpreted as lifetime tenure.” Charles Cooke, writing in the National Review, insists that “the term ‘good behavior’ says what it means and means what it says. The judge may serve so long as he or she does nothing impeachable.” For evidence, Cooke cites Alexander Hamilton, who wrote in Federalist 78, “The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government.”

In fact, not every scholar believes term limits would be unconstitutional. Nowhere is this more evident than in the report of the Presidential Commission on the Supreme Court of the United States, in which “Members of the Commission [were] divided about whether Congress has the power under the Constitution to create the equivalent of term limits by statute.” The commission’s three tentative proposals, however, as well as others  that propose a legislative solution, provide no hard evidence for their point of view, but rather rely on semantic interpretations of Article III that attempt to find holes in the wording.  

Those who postulate equivalency — that is, a lifetime appointment, absent impeachment — are unmoved. They insist that there is nothing in the Constitutional Convention’s debates about the judiciary to indicate otherwise. 

In this, they are correct.  

But they are looking in the wrong place. 


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There is indeed evidence that the men who drafted the Constitution saw a distinct difference in the two phrases, which makes congressional imposition of term limits not only constitutional, but likely advisable. For example, during a debate on the term of the executive, George Mason, one of the most influential delegates, warned that he “considered an Executive during good behavior as a softer name only for an Executive for life. And that the next would be an easy step to hereditary Monarchy.” In another debate about the term of the executive, delegate Rufus King wrote that James Madison “proposed good behaviour, or Seven years with exclusion forever afterward.” Madison could in no way have meant “life” as the alternative to a hard limit of seven years. 

Then there is Alexander Hamilton. In his six-hour speech to the convention on June 18, 1787, he reportedly said, “Let one branch of the Legislature hold their places for life or at least during good-behaviour. Let the Executive also be for life” — a clear indication that he saw those terms differently.  

What position Hamilton later took in Federalist 78 is neither clear nor relevant. The Federalist essays are not even-handed discussions of constitutional issues, but advocacy pieces with a very definite slant and a distinctly weighted point of view, one that in literary studies could be termed an “unreliable narrator.”

When Hamilton solicited Madison and John Jay to help him draft the essays, it was because the opponents of the new Constitution in New York were among the most powerful figures in the state and were determined to prevent its ratification. One of them, likely Robert Yates, writing as “Brutus” — meaning not the assassin of Julius Caesar but the 6th century B.C. Roman consul who became one of the founders of the Roman republic — had begun a series of insightful, highly persuasive essays that Hamilton recognized as a threat that must be blunted.  

As the National Constitution Center observes, “Brutus’s essays were so incisive that they helped spur Alexander Hamilton to organize (and co-author) The Federalist Papers in response.”  Their aim, therefore, was not truth, but persuasion, and Hamilton’s dissertation in Federalist 78 was firmly in the second category. 

It stretches credibility to believe that delegates to the Constitutional Convention would have been willing to create one branch of government — the one they distrusted the most — that consisted of unelected, lifetime members with no checks on their authority or power.

In addition to Hamilton, Mason and Madison’s pronouncements, there is also indirect evidence. For four long, hot months in Philadelphia, where, for secrecy, the windows were bolted shut, guards were posted at the door, and the temperature reached 90 degrees, sweltering delegates who did not know and often did not like one another wrangled to find a means of government that would provide some centralized authority without granting any branch sufficient power to wield despotic power over either the other branches or the states. It stretches credibility to believe that in the midst of this turmoil, the delegates would have been willing to create one branch of government — the one they distrusted the most, on the evidence — that consisted of unelected, lifetime members with no checks on their authority or power, short of impeachment, which was made intentionally impracticable.

What seems far more likely is that, to the delegates, “good behavior” actually meant “as long as the justices are not corrupt or get mixed up in politics.” There were long discussions on whether judges could be removed from office by means other than impeachment, such as through an ordinary court proceeding or action by either the executive or the legislature. In the end, the delegates decided that the judiciary would  lose its independence if good behavior were so weak a standard that Congress could ignore it. A motion made by Delaware’s John Dickinson that “after the words ‘good behavior’ the words ‘provided that they may be removed by the Executive on the application (by) the Senate and House of Representatives,'” received only one “aye” vote.

So while delegates clearly wished to grant federal judges protection from political vendettas, it is also clear they in no way meant that Congress and the president should give up all checks on the judicial branch. Term limits could and should be one of those checks.

Justin Jones unanimously reinstated to Tennessee House — as GOP threatens city school funds

The Nashville Metro Council on Monday unanimously voted to reinstate Tennessee state Rep. Justin Jones to his seat after the Republican-led legislature expelled him for taking part in a gun reform protest on the House floor.

All 36 council members at Monday’s meeting unanimously voted to reinstate Jones, one of the so-called “Tennessee Three,” after suspending its rules to allow for an immediate vote rather than go through a monthlong nomination period, according to NBC News.

Jones, who will now serve in an interim capacity until the next election, was sworn in on the steps of the State Capitol about an hour later as supporters chanted “welcome home.”

“I want to welcome democracy back to the people’s house,” Jones said in a speech on the House floor. “I want to thank you all, not for what you did, but for awakening the people of this state, particularly the young people. Thank you for reminding us that the struggle for justice is fought and won in every generation.”

Jones and state Reps. Justin Person and Gloria Johnson led supporters in chants for gun reform after a shooting at a Nashville school killed six people, including three children. The trio used a bullhorn when they were not recognized to speak in violation of House rules.

Republicans framed the protest as an “insurrection,” likening it to the deadly Jan. 6 Capitol riot, and filed to expel all three lawmakers from the House for violating rules of “decorum.” The House ultimately voted to expel Jones and Pearson, who are both Black, but not Johnson, who is white.

The Shelby County Board of Commissioners will meet Wednesday to consider whether to reappoint Pearson to his seat.

“I believe the expulsion of State Representative Justin Pearson was conducted in a hasty manner without consideration of other corrective action methods,” Chairman Mickell Lowery said in a statement to NBC. “I also believe that the ramifications for our great state are still yet to be seen.”

The votes come amid reported threats of retaliation from state leaders if the pair is reinstated.

Pearson told NBC News on Sunday that he has “heard that people in the state legislature and in Nashville are actually threatening our Shelby County commissioners to not reappoint me, or they’re going to take away funding that’s in the government’s budget for projects that the mayor and others have asked for.”

“This is what folks really have to realize,” he added. “The power structure in the state of Tennessee is always wielding against the minority party and people.”

Shelby County Commissioner Erika Sugarmon also told reporters last week that members of the board are “being threatened by the state to take away funding, needed funding to run our schools, to run our municipalities.”

“This is about bullying people into submission. And enough is enough,” she said. “We’ve got to stand for something or fall for everything. And we’ve been bullied by the state for too long now.”


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Attorneys for Pearson and Jones, which now include former Attorney General Eric Holder, sent a letter to Tennessee House Speaker Cameron Sexton warning against further retaliation against the pair.

The letter said the lawmakers were expelled “not for any criminal or unethical act, but for merely exercising their constitutional rights” and in the process “disenfranchised the voters they were elected to represent.”

“Their partisan expulsion was extraordinary, illegal, and without any historical or legal precedent,” the letter said. “The House must not now compound its errors by further retributive actions.”

The attorneys warned that any “partisan retributive action, such as the discriminatory treatment of elected officials, or threats or actions to withhold funding for government programs, would constitute further unconstitutional action that would require redress.”

Tennessee House Majority Leader William Lamberth and Republican Caucus Chairman Jeremy Faison said in a statement on Monday that “should any expelled member be reappointed, we will welcome them. Like everyone else, they are expected to follow the rules of the House as well as state law.”

Jones in a speech after his reinstatement called the vote a “resounding message that democracy will not be killed in the comfort of silence.”

“This is not about one person. It’s not about one position. It’s about a movement,” he said.

“You might try and silence it,” Pearson added. “You might try and expel it, but the people’s power will not be stopped.”

Global warming is disrupting an Antarctic current system that life on Earth relies on

The term “abyssal ocean” conjures up ominous images, and rightly so — the literal deep sea abyss is extremely dark, at or near freezing temperatures, and full of peril. In the deepest parts of the abyssal ocean, which is defined as the ocean layer between 4,000 to 6,000 meters deep, light is so limited that photosynthesis is not even possible, meaning there are no plants. Because the animals which live there must survive in harsh conditions, they have evolved otherworldly, bizarre adaptations.

The study is “yet another example of the unanticipated ways that our greenhouse gas emissions is affecting global processes.”

But the most terrifying thing about the abyssal ocean may be the fact that normal life on Earth is dependent on the way water moves through it. If that circulation changes, the repercussions could be devastating for all life on Earth: food chain disruptions, weather patterns drastically changing, and ocean life finding itself suddenly unbalanced.

Now a new study from the scientific journal Nature reveals that this scenario may soon come to pass. Climate change is melting ice in the Antarctic; that, in turn, is slowing down the circulation of deep ocean water within this region. If this process continues at its current pace for another 30 years, it will wreak havoc on Earth.

Using a sophisticated computer model developed over three years, the scientists led by researchers at the University of New South Wales calculated the impact of melting Antarctic ice on deep ocean currents within the abyssal layer. Using a transient forced high-resolution coupled ocean–sea-ice model, they found that if climate change continues at its current pace, abyssal warming would “accelerate over the next 30 years.”

The technical reason has to do with the melting ice around Antartica. That water descends into the sea and opens a pathway that scrambles existing currents, sending warmer waters to the abyssal oceans. 

To be exact, the model estimates that the abyssal layer currents will slow by roughly 42% by the year 2050. This is because the increased amount of cold water dumped into this system by the melting Antarctic ice winds up “freshening” that water — that is, making it warmer and less salty so it does not sink to the bottom of the ocean as it used to. This means that it will not move north, carrying increasing amounts of carbon, oxygen and nutrients to sea life in higher layers of the ocean.

“We know that nutrients exported from the Southern Ocean in other current systems support about three quarters of global phytoplankton production – the base of the food chain,” the report’s co-author, Steve Rintoul from Australia’s Commonwealth Scientific and Industrial Research Organisation, told CNN. “We’ve shown that the sinking of dense water near Antarctica will decline by 40% by 2050. And it’ll be sometime between 2050 and 2100 that we start to see the impacts of that on surface productivity.”

This development will also exacerbate the climate change-related problem of sea level rise.

“The main near-term risk is in relation to sea-level rise, which accelerates due to amplifying feedbacks when deep ocean warming increases at the ice margin,” report co-author Matthew England told Salon by email. “Another detrimental impact is on nutrient resupply to the ocean surface, which would be weakened significantly if the overturning slows down as projected.”


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“What happens in the surface waters of the Southern Ocean can have a huge influence on global scale processes.”

Dr. Ken Caldeira from the Carnegie Institution for Science, who was not involved in the study, praised the study in an email to Salon as “yet another example of the unanticipated ways that our greenhouse gas emissions is affecting global processes.”

“Changes in ocean circulation can affect uptake of both heat and carbon dioxide over many thousands of years,” Caldeira continued. “The decisions we make about energy systems and deforestation over the next years will affect Earth’s climate for many millennia in ways that are now poorly understood.”

He also noted that over 20 years ago he and his colleagues wrote a paper on how brine is rejected from Antarctic sea ice (as opposed to glacial ice in this case). This water “is important in structuring the global ocean,” he said. “Southern Ocean surface waters are on the fast track to the deep ocean, and what happens in the surface waters of the Southern Ocean can have a huge influence on global scale processes over many millennia.”

Not every scientist was impressed with the modeling in the study. 

“The study is based on a model which is unlikely to be very close to reality,”  Dr. Kevin Trenberth of the National Center for Atmospheric Research (NCAR) told Salon by email.  Trenberth said that the abstract noted they had “limited measurements” that affected their ability to link the change to specific “drivers.” 

“There are big issues in getting the modeling right, including how much snow falls on Antarctica and actually builds up the ice sheet, as is happening in East Antarctica,” Trenberth continued. “That snow has its origins in the so-called melt water through evaporation from the strong southern ocean winds.” 

“Models do not do this well,” he concluded.

Other oceanic currents are being disrupted by climate change too. In 2021, a study in the journal Paleoceanography and Paleoclimatology that the Kuroshio Current and Extension (KCE) is warming, adjusting its latitudinal position northward, and possibly increasing the amount of warm water that it moves north in the process as a result of climate change. The KCE forms the main western boundary current as part of the North Pacific ocean gyre (meaning a large system of circulating currents) that spans from the North American Pacific Coast to Polynesia.

“The Kuroshio Current Extension is home to some of the highest biodiversity (number of organisms) in the world ocean today,” Adriane R. Lam, a paleoceanographer and Binghamton University postdoctoral fellow who co-authored the study, wrote to Salon at the time. “This is one reason why Japan’s fishing industry is so robust.” These fisheries would be severely and negatively affected by a disruption to KCE.

Similarly, the Atlantic Meridional Overturning Circulation (AMOC) for short was found by a recent study to be at its weakest in 1,600 years. If AMOC shuts down, temperatures will drop all over Europe as the number of storms increases; rising sea levels along the North American eastern seaboard will cause millions to flee their homes; and changing weather conditions will lead to food shortages in India, West Africa and South America.

In Oregon, a microchip gold rush could pave over long-protected farmland

Beyond the fields of berries, grass seed, and wheat at Jacque Duyck Jones’s farm in Oregon, she can see distant plumes of exhaust spewing from factories in Hillsboro, just outside Portland. Years ago, Jones and her family didn’t worry much about industry creeping closer to their land. A 50-year-old state law that restricts urban growth, rare in the United States, kept smokestacks and strip malls away.

But a national push to make semiconductors — the microchips that help power modern electronics, from dishwashers to electric vehicles — has prompted Oregon lawmakers to lift some of those restrictions. Keen to tap into $52 billion that Congress earmarked last year in the CHIPS and Science Act, Oregon legislators last week passed a bipartisan bill aimed at enticing chip manufacturers to set up shop in the state, in part by allowing them to convert some of the country’s richest farmland into factories. The bill gives Governor Tina Kotek, a Democrat, authority through the end of next year to extend urban development boundaries, a process currently subject to appeals that can be drawn out for years. 

“That’s like granting divine power,” said Ben Williams, president of Friends of French Prairie, a rural land advocacy group. Under the bill, the governor can select two rural sites of more than 500 acres and six smaller ones for development related to the semiconductor industry. That revision to the state’s rigid land-use system has drawn pushback from farmers and conservation organizations. They say the legislation endangers farms, soil health, and carbon sequestration efforts. One potential site for a factory would pave over rural land within a mile of the Duyck family’s land.

“I am worried,” Jones said. “When [the CHIPS Act] was passed at the federal level, here in Oregon we never imagined it would result in basically a choice. I would have never imagined it to have been a threat to farmland in Oregon,” she added, noting that she doesn’t oppose the industry, only building factories on agricultural lands.

With bipartisan support, President Joe Biden signed the CHIPS Act last year intending to jumpstart semiconductor manufacturing in the United States, where 37 percent of the world’s chips were made in 1990, compared to only 12 percent in 2020, according to the Semiconductor Industry Association. Politicians from across the political spectrum lauded the CHIPS Act as a job creator and a way to shore up the semiconductor supply chain during a global shortage

Semiconductors are in microwaves and smartphones, but they are also essential for renewable energy technology. They’re key to solar panels, wind energy systems, heat pumps, microgrids, electric vehicles, and more. In a report published last year, the U.S. Department of Energy called semiconductors “a cornerstone technology of the overall decarbonization strategy” and said a lower-carbon future requires “explosive growth” of both conventional and more advanced chips. 

In Oregon, cashing in on the federal bill won’t necessarily mean bolstering a domestic supply of wind turbines or solar panels, which are mostly manufactured in China. In large part, the chips made in the state, which is already a hub for the industry, are used in computers and high-tech products like electronic gaming and artificial intelligence, according to Arief Budiman, director of the Oregon Renewable Energy Center. 

Supporters of the Oregon bill say capturing the CHIPS Act windfall could create tens of thousands of jobs and more than $1.5 billion in local and state tax revenue. 

“Imagine electric and autonomous vehicles, biotech, clean tech, and others doing research and advanced manufacturing here,” the Oregon Semiconductor Competitiveness Task Force said in a report last August. “In short, acting now could spark a boom that lasts another 30 years.” 

To stay attractive to industry giants like Intel, which already has an Oregon campus but recently chose to build a $20 billion mega-factory in Ohio (to the dismay of Oregon’s elected officials), the state needs to make more industrial land available, the task force said. It described “no development ready sites of the size needed to attract a major semiconductor investment, or to support larger size suppliers.”

Rural land-use advocates largely reject that argument. One group — 1,000 Friends of Oregon — has listed several existing industrially zoned sites that could be used for chip factories. The Oregon Farm Bureau, which opposes the land-use provisions in the state bill, also argues there’s already enough available land within urban growth areas to build new factories, said Lauren Poor, the bureau’s vice president of government and legal affairs. “We’re not opposed to the chips bill, generally speaking,” Poor said. But “once we develop these sites, we can’t get that soil back.”

Wet winters and dry, warm summers help the state’s growers produce some 200 crops, ranging from hops to hay. Oregon dominates other states in blackberry, crimson clover, and rhubarb production, and almost all of the country’s hazelnuts are grown there. “We owe that to the diversity of our climate and our soils, which is one of the reasons we’re very protective of our very unique land-use system,” Poor added. 

The state’s land-use restrictions are rooted in the country’s first law establishing urban growth boundaries, which former Governor Tom McCall, a Republican, signed in 1973. The law, aimed at limiting urban sprawl, allows cities to expand only with approval from a state commission. A decision to move boundaries can be appealed multiple times at both the county and state levels, Williams said. Under the new bill, challenges to the governor’s chip-factory designations will be considered only by the state supreme court.

“It’s very detrimental to expand outside the urban growth boundaries,” said Jones, the farmer. She worries building chip factories on farmland could increase nearby property values, making arable land harder for farmers to buy or rent, and could supplant not only rows of crops but essential farm infrastructure like seed-cleaning sites. 

Aside from tweaking Oregon’s special land-use laws, state legislators are considering a bill that would fund nature-based climate solutions, like storing carbon in agricultural soil. Poor said the two bills seem to run counter to each other. “What do you want from us? Do you want us to sequester your carbon, or do you want to pave over our farmlands?”


This article originally appeared in Grist at https://grist.org/agriculture/oregon-microchip-gold-rush-pave-protected-farmland/.

Grist is a nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future. Learn more at Grist.org

Abortion pill decision: Medical abortions will just be more painful

The most crucial thing to understand in the aftermath of Friday’s decision to rescind the FDA approval of Mifepristone by Donald Trump-appointed Judge Matthew Kacsmaryk is this: It is not a ban on medication abortion in the U.S. Pill-induced abortions will still be available, even if this decision is allowed to stand. They will continue to be safe. But aborting a pregnancy without Mifepristone will just be a more miserable experience than it was before the far-right district court judge ignored all law and science to impose his anti-choice ideology on the health care access of millions of Americans. 

“We’re already talking about switching over to Misoprostol-only regimens,” Dr. Kristyn Brandi, an ob-gyn who serves as the board chair of Physicians for Reproductive Health, told Salon. The World Health Organization has long approved of Misoprostol-only abortions. 

Right now, the standard practice is for a patient to take Mifepristone, which causes the pregnancy to stop developing, followed by Misoprostol, which expels it. However, Misoprostol-only abortions are “incredibly safe and effective,” Dr. Brandi continued, just “not our first choice.” That’s because Misoprostol-only abortions “have more side effects.” She explained that “It causes people to feel really crampy and uncomfortable. It can cause people to throw up and have fevers.” It’s also more likely to result in an incomplete abortion, requiring a patient to return for more follow-up care. 


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In other words, Kacsmaryk’s decision, which the Justice Department asked a federal appeals court to block on Monday, serves no other purpose but to punish patients who seek abortion by making the process more miserable than it needs to be. That’s it. It doesn’t make abortion illegal. It doesn’t make patients less likely to seek an abortion. It doesn’t reduce the need for abortion. It certainly doesn’t make abortion safer. This is only about the sadistic desire of Republicans to inflict unnecessary pain on abortion patients. It is pure misogyny, done only because Republicans haven’t figured out a legal way to flog women in public for having sex. 

Kacsmaryk’s decision serves no other purpose but to punish patients who seek abortion by making the process more miserable than it needs to be.

Extreme bad faith has always been the dominant feature of the anti-choice movement. Its leaders love to claim opposition to abortion is about “life,” a facile claim easily disproved by the right’s opposition to any other policies — from universal health care to an expanded social safety net to free contraception — that would reduce the need for abortion. But even by the basement-level standards of the religious right, Kacsmaryk’s 67-page decision is a whirlwind of dishonesty. He falsely claims his decision to block the use of Mifepristone “is justified and necessary to protect the public’s health.” He grouses that the “side effects” include “cramping and bleeding.”

But, as Dr. Brandi explained to Salon, Mifepristone reduces the amount of cramping and bleeding patients experience. The drug exists to make abortion safer, quicker, and less painful. Kacsmaryk pretends he wants women to avoid “cramping and bleeding,” but by imposing this rule, he has only insured that women will endure more cramping and bleeding. For women who abort — and make no mistake, women will continue to get abortions whether Kacsmaryk likes it or not — the process will suck more. For women who continue pregnancies, well, giving birth is not the choice for those who would like to avoid cramping and bleeding. 

The main impact of this abortion pill decision will be to increase the amount of unnecessary suffering women endure. Despite that obvious and easily verifiable fact, the New York Times is still carrying water for the religious right, publishing a puff piece about Kacsmaryk on Friday that downplays the malice underpinning his decision and falsely implies he means well by women. The article heavily quotes Sherri Statler, who receives donations from Kacsmaryk for her anti-abortion center. “I just know he just has a real tender spot for caring for women,” Statler claimed to the New York Times. 

This, of course, is the opposite of the truth.


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The New York Times writer, Abbie VanSickle, elides it, but there’s a substantial public record indicating that Kacsmaryk is motivated mainly by a far-right belief that non-procreative sex is sinful, and the government should punish people for having it. As the Texas Tribune reports, before he was a judge, Kacsmaryk was a lawyer for the First Liberty Institute and was heavily involved in filing lawsuits to prevent women from using health insurance to pay for contraception. He also opposes LGBTQ rights and has argued that health care workers should be able to deny people care simply because they’re queer. 

Extreme bad faith has always been the dominant feature of the anti-choice movement.

Kacsmaryk has a favorite term to smear anyone who believes women and LGBTQ people have a right to sexual autonomy: “sexual revolutionaries.” In 2015, he condemned the “sexual revolutionaries” who believe that it’s okay to have sex without “procreation.” In the same piece, he denounced the 1965 Supreme Court decision that legalized contraception. He goes back to the phrase again and again, when condemning legal abortion, same-sex marriage, and accepting trans people. Anything that’s not procreation-oriented sex inside a marriage is, in Kacsmaryk’s long writing career, a “sexual revolutionary.” 

Kacsmaryk’s definition of “sexual revolutionary” is so expansive, in fact, that it captures nearly every adult American. In 2006, statistics showed that 95% of Americans have sex outside of marriage by the age of 44, a number that has likely only risen since then. Over 99% of sexually active women have used contraception. To be a non-revolutionary in Kacsmaryk’s topsy-turvy worldview, you would have to be part of a minority so tiny as to be statistically insignificant. 

These statistics matter because it really underscores how, despite all the successful spin Republicans put on the anti-choice movement in the press, it’s actually a small minority of radical fundamentalists. It helps illustrate how much this movement is not about “life” and certainly not about helping. It’s a movement rooted in a deeply sadistic urge to inflict pain on other people for having very normal, natural, and universal desires, such as the desire to have sex without making babies. Kacsmaryk can’t turn women into what he wants them to be, which is desire-free dolls who only tolerate sex in order to procreate. But he can make them needlessly suffer for the “sin” of being human. Sadism and misogyny are what fuel the anti-choice movement, and this abortion pill decision is crystal clear proof of that. 

“The first of a series of indictments”: One week after historic Trump indictment, experts reflect

It has been one week since Donald Trump was arrested and arraigned in a Manhattan courthouse for crimes connected to hush money payments he made to his mistresses during the 2016 presidential campaign.

How has Trump behaved during this last week? With apparent public mental decompensation, fabulism, lies, bluster, rage, claims of victimhood, and threats of violence and menace against his “enemies” — including the judge, and his family, who is presiding over the hush money trial in Manhattan. To that point, Trump unleashed the following foul fusillade on his Truth Social disinformation platform Monday morning:

“THE ONLY REASON I HAVE THESE ABSOLUTELY RIDICULOUS INVESTIGATIONS AGAINST ME , HEADED UP BY RACISTS, LUNATICS, AND RADICAL LEFT MANIACS, IS FOR PURPOSES OF ELECTION INTERFERENCE. IT WILL BE HARDER FOR THE DEMOCRATS TO CHEAT LIKE THEY DID IN 2020, SO THEY ARE GOING RIGHT TO THE OLD SOVIET UNION PLAYBOOK AND USING THE DOJ, FBI & OTHERS IN “JUSTICE” TO INTERFERE IN OUR ONCE SACRED ELECTIONS. WE’VE GOT TO SWAMP THESE CHEATERS, AND WE WILL WIN!”

Uncowed by the litany of charges against him and the possibility, however unlikely, that he will be incarcerated for his crime spree, Trump has been selling t-shirts and other paraphernalia emblazoned with his “mug shot”. This fascist carnie move has proven to be very lucrative: it has been reported that Donald Trump’s followers have given him millions of dollars in “donations” since he was indicted and then arrested and arraigned in Manhattan on felony charges.

Because Trump is addicted to narcissistic energy, he made a surprise appearance at last Saturday’s UFC 287 mixed martial arts pay-per-view event in Miami, where he was greeted by cheers, sustained applause, and chants of “USA! USA!” by the many thousands of people in attendance. Trump was in his glory.

In an attempt to make sense of Trump’s arrest and arraignment in Manhattan, what it reveals (or not) about the country’s democracy crisis, and how Trumpism and ascendant neofascism continue to poison America’s political health and political culture, I asked a range of experts for their insights and concerns about this next chapter in the Age of Trump.

These interviews have been lightly edited for clarity

Norm Ornstein is emeritus scholar at the American Enterprise Institute and contributing editor for the Atlantic. He is also co-author of the bestselling books “One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported.”

I know there are many respectable lawyers and former prosecutors dubious about the New York indictment of Trump, but I have been persuaded by former top Manhattan Assistant DA Karen Friedman Agnifiilo and all-star lawyer Norm Eisen that the case, under New York law, is stronger than many think.

Is this the most shocking and despicable set of actions that may bring Trump repeatedly to the bar of justice?

Of course not. Lying to his lawyers to obstruct justice and retain illegally top secret documents for his own financial gain tops that. Trying openly to overturn election results in Georgia tops it. And the incitement to violent insurrection, threatening the lives of the Vice President and members of Congress, tops that. But this action coming first, blasted with anti-Semitic and racist rhetoric by Trump and his acolytes in the GOP, will make it much harder for the lickspittles like Jim Jordan and Matt Gaetz to condemn using the same tactics when these other serious charges are filed.

“Trump wants to turn the normal work of justice into another episode a civil war he fantasizes about and even wants to create.”

The media coverage of the arraignment and the spectacle that surrounded it showed yet again how feckless our mainstream media is, and how inflammatory is the tribal right-wing media. The breathless coverage of every minute of Trump’s journey to New York, followed after the arraignment with commentary about how weak the indictment was, did not serve the country well. And the wall-to-wall coverage ignored other key stories as they unfolded, including the elections in Wisconsin and the party switch in North Carolina, both cases where GOP supermajorities will be used to stymie Democratic governors, and the unspeakably evil action by the Tennessee Republican legislature to expel three members because they spoke out for gun control.

Dave Neiwert is an investigative journalist and an expert on right-wing extremism and terrorism. He is also the author of several books including the forthcoming “The Age of Insurrection: The Ongoing War on American Democracy”.

A central element of any kind of autocratic rule is a degraded and corrupt, two-tiered version of the rule of law, in which the authoritarian rulers are by nature exempt from all legal constraints, while the people they rule over are subject to draconian and often discriminatory enforcement of laws. That’s what Donald Trump’s defenders have been working toward since the day of his election in 2016, and it’s what they’re battling for in court now.

Like all good authoritarians, they’re trying to convince the public that this kind of de facto immunity from accountability, legal and otherwise, is the birthright of powerful men like Trump, the natural state of things. And until the advent of democratic rule, that probably was more or less the case.

This is what we’ll hear from the neofascists who are out there preparing once again to man barricades on Trump’s behalf—and not just the Proud Boys and Three Percenter types, but the Tucker Carlsons and the Jim Jordans as well. This is about undermining and ultimately demolishing our democratic institutions—among which the rule of law is probably the most fundamental.

Federico Finchelstein is a professor of history at the New School for Social Research and Eugene Lang College in New York. He is the author of several books, including “From Fascism to Populism in History.” His most recent book is “A Brief History of Fascist Lies.”

Wannabe fascist leaders like Trump often enter a maelstrom of self-destruction, but they always have an impact on the lives of others in a negative way before leaving the scene. They have a very negative effect on citizens in a democracy.

Trump wants to turn the normal work of justice into another episode a civil war he fantasizes about and even wants to create. This is predictable in terms of how such demagogues and fascistic and fascist leaders respond to being held accountable under the law for their crimes.

One of the most common mistakes in how the public and the media and political elites understand – or fail to actually – Trumpism is by how they focus on the minutia such as the optics, his plane, the theater criticism, his antics without actually critically engaging what Trumpism and fascism more broadly mean for the country. That is a grave error.

Of course, an emphasis on the rule of law and justice are central to confronting and stopping antidemocratic leaders. But that is not enough if there is not a more holistic and broad intervention made across society to root out the deeper cultural and political problems that have generated the aspiring fascist politics that Trumpism represents and embodies.

Andrea Roth, Professor of Law at UC Berkeley School of Law. She is an expert on criminal law and criminal procedure and a former federal public defender. 

These charges are typical in some ways – a prosecutor takes one group of related transactions and charges them under as many laws, and with as many counts, as they can. Prosecutors do this frequently because multiple counts gives them more leverage in plea negotiations; more chances to secure a conviction if some counts have proof problems; and gives jurors a sense that the defendant must surely be guilty of something if there are so many counts (“where there’s smoke there’s fire”).

What is notable is that (1) these counts are for conduct that is less serious than the conduct alleged in Georgia and with respect to January 6, but is the only conduct that occurred in New York and the Manhattan DA was the fastest to charge; and (2) the counts are unusual in that they are felonies only because of the allegation that the conduct was intended to further another crime, and there is a question as to whether a federal campaign finance law can be that “other crime.”

Some reports seem to suggest that the sheer number of counts or vagueness as to some of the underlying conduct or underlying “other crime” is unusual in an indictment. On the contrary; prosecutors often charge numerous counts for one transaction or a related series of transactions (which generally doesn’t violate double jeopardy); and indictments and other charging documents are often somewhat vague as to the precise theory of prosecution. It’s true that under the 6th Amendment you have a right to know the nature and cause of the accusation, but the defense can file for what’s called a “bill of particulars” to learn more about the precise allegations.

Overall, the arguments as to why this prosecution seems unfair or an overreach apply to numerous federal and state prosecutions brought every day and the complaints that this prosecution is unusual in these respects seem to reflect an unfamiliarity with American criminal justice.

On the other hand, the commentators who are saying “if he committed a crime, he should therefore be prosecuted for it” are not really acknowledging the vast amount of discretion prosecutors wield every day around the country in declining to bring charges even when they think they can prove a crime. The Alameda County DA, where I live, didn’t charge possession of marijuana cases for years even when it was a crime. Here, prosecutors could have chosen to bring these cases as misdemeanors; could have brought fewer counts; or could have chosen to pursue administrative remedies instead of a criminal prosecution. Many variables go into a decision to prosecute other than simply whether a crime can be proven, and that’s true in all prosecutions, not just this one.

Eric Schickler is a political scientist and co-director of the Institute of Governmental Studies (IGS) at UC Berkeley. He is co-author of “Investigating the President: Congressional Checks on Presidential Power.”

Much of the discussion of the Trump indictment and arraignment has understandably focused on the details of the New York case and questions about whether it will hold up given the partial reliance on federal election law to upgrade the offenses to felonies. However, it seems increasingly likely that this is just the first of a series of indictments, each focused on very different conduct — and on allegations that are more closely related to his conduct as President. Given the intense polarization today, those additional indictments may still not do much to move Republican voters away from Trump. But they will likely generate a more concerted push by Trump’s rivals to persuade Republicans that his nomination would be bad for their party and help Joe Biden’s reelection.

I would not trust any confident predictions about whether those efforts will work or fail. On the one hand, the party base has so far stuck with Trump through a number of events that, in the past, would have been devastating to a candidate. On the other hand, nominating a candidate who is a defendant in multiple criminal cases might give just enough Republican primary voters pause, particularly when there are alternative candidates working hard to demonstrate that they can promote Trumpism more effectively than the original.

Jason Van Tatenhove is a former member of the right-wing paramilitary group the Oath Keepers, where he served as their media spokesperson for two years. He also testified before the House Select Committee on Jan 6th. His new book is “The Perils of Extremism: How I Left the Oath Keepers and Why We Should be Concerned about a Future Civil War.”

The news coverage of Trump’s arrest and arraignment made me feel like I was having a flashback to the late 90s. It reminded me of the OJ Simpson chase, which interrupted the NBA Finals and drew an audience of almost 95 million viewers. While this week’s coverage was less dramatic than a murder case, it still points to something insidious: the normalization of threats of violence, racist rhetoric, and calls for disregarding the rule of law. This normalization of bad behavior by those who are white, wealthy, straight, and powerful is one of our generation’s Pandora’s boxes. The criminals who open this box and shred our democratic systems do not care about our country’s future. They only care about themselves.

The barely veiled threats of violence and dehumanizing language against those attempting to hold criminals accountable are just the beginning. As these tactics become more normalized, we can only expect things to get worse. We must hold tight to the moral belief that no one person is above the law in America – especially those who have abused our democratic systems. We need to cry out not for the privileged few but for the masses victimized by these same systems. We must strive for equality for all.

“Don’t Say Period”: Now Florida wants to ban students from discussing menstruation

House Bill 1069, also known as the “Don’t Say Period” bill, which passed in Florida’s Republican-controlled House at the end of March, means what you think it means. 

The bill proposes banning any form of health education until sixth grade and would prohibit students from asking questions about menstruation, including about their own first periods, which frequently occur before the sixth grade. If passed by Florida’s Senate and signed into law by Republican Gov. Ron DeSantis, the ban will be effective July 1.

 In response, much has been written about the harms of depriving young people of information about their own changing bodies, and how in such a void, schools will instead be teaching a culture of shame

It’s a dizzying moment.

How do we make sense of a culture in which state-sponsored shame and ignorance is possible in the very same year that Hollywood is set to release the first major motion adaptation of Judy Blume’s “Are You There God? It’s Me, Margaret,” an ode to puberty and menstruation, ushering us into what critics have called a Judy Blume-aissance?

How do we make sense of censoring conversations about menstruation in U.S. schools one year after Scotland became the first country in the world to make period products universally accessible, and when Spain, just two months ago, became the first country in the world to offer paid menstrual leave

How can all of this be happening at the same time that youth activists are advocating for free menstrual care products in their schools, grassroots groups across the country are distributing free period products as part of mutual-aid initiatives, and we are witnessing what is a veritable menstrual justice movement?

Because Florida’s “Don’t Say Period” bill is a backlash. 

But like the proverbial King Canute, helpless in stopping the rising tide, conservatives are powerless against a rising wave of open dialogue. This bill can’t and won’t stop the cultural tide.

As the editor of two educational anthologies about menstruation, I’ve talked with people around the world about periods —first periods, last periods, missing periods, transitioning genders and menstruation, miscarriage, and menopause—for over 20 years. We are finally at an inflection point where we are talking about menstruation across ages and genders, and beyond just the private sphere. This is a blood awakening.

We are finally able to see that while it’s important to talk about menstruation as a biological phenomenon in health class, that’s the bare minimum. Talking about menstruation is a way to understand ourselves, our cultures, and our inherited histories. Menstruation is also a part of our daily lives—or daily reality of your classmate, teacher, lover, or colleague—and therefore all of ours to understand.

Republicans’ “Don’t Say Period” bill can’t stop the menstrual wave

We can start talking about menstruation at the very beginning. Far before sixth grade.

We can talk about menstruation when a child first asks where they come from. 

We can talk about menstruation when we learn about color. 

We can talk about periods when someone is running out to the grocery store and ask them, no matter their gender, to help pick up supplies. 

We can talk about menstruation when we learn about cultural practices around the world—including efforts to reclaim Indigenous rites of passage that have been erased due to colonization and are being performed now, in some cases, for the first time in generations.

We can talk about menstruation when we talk about history. My work as an oral historian was inspired by hearing a story from my great aunt, who got her first period while fleeing Nazi-occupied Poland. Her account — the image of a trail of blood running down her legs while being strip-searched by an SS officer — allowed me to relate to her history in an embodied way, one that I’d never experienced from a textbook. 

We can talk about how in the U.S., almost two-thirds of people who menstruate and live in poverty have to choose between food and period products. We need to understand how this affects school attendance. And how a lack of affordable and free supplies in schools and workplaces and public spaces affects our ability to participate in society. 

We can talk about menstruation when we talk about strength and rest. In the UK, the Chelsea Women’s Soccer team trains according to their cycle. All of us could learn to harness our strongest times of the month — that is, if we talked about menstruation first.

We should talk about periods when we are in physical or emotional pain due to cramps, fibroids or hormonal dips, or are overwhelmed by hot flashes — and yet so much of this still happens in silence.


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We need to talk about menstruation — from an early age, and for the rest of our lives — because these early conversations are foundational for all our later conversations about our bodies, gender, sex, desire, consent, and the ways we physically evolve as we age. And because if we don’t talk about menstruation, this silence leads to, someday, a room full of people who pass unimaginably harmful legislation. 

We can all contribute momentum to this cultural wave by talking. And talking far and wide beyond the classroom. 

Let’s flood the airwaves with talk of blood. Let us talk about our aches, our pains, our moods, our needs, our cultures, our connectivity. Let us listen. And we’ll see that there is nothing that Florida legislators can do to stop our much larger consciousness-raising that’s underway, try as they might. 

Noam Chomsky on “savage capitalism”: From climate change to bank failures to war

The following is excerpted from David Barsamian’s recent interview with Noam Chomsky at AlternativeRadio.org.

David Barsamian: On March 20th, the UN’s Intergovernmental Panel on Climate Change issued its latest report. The new IPCC assessment from senior scientists warned that there’s little time to lose in tackling the climate crisis. UN Secretary-General Antonio Guterres said, “The rate of temperature rise in the last half-century is the highest in 2,000 years. Concentrations of carbon dioxide are at their highest in at least 2 million years. The climate time bomb is ticking.” At COP 27 he said, “We are on a highway to climate hell with our foot still on the accelerator. It is the defining issue of our age. It is the central challenge of our century.” My question to you is: You’d think survival would be a galvanizing issue, but why isn’t there a greater sense of urgency in addressing it in a substantial way?

Noam Chomsky: It was a very strong statement by Guterres. I think it could be stronger still. It’s not just the defining issue of this century, but of human history. We are now, as he says, at a point where we’ll decide whether the human experiment on Earth will continue in any recognizable form. The report was stark and clear. We’re reaching a point where irreversible processes will be set into motion. It doesn’t mean that everybody’s going to die tomorrow, but we’ll pass tipping points where nothing more can be done, where it’s just decline to disaster.

So yes, it’s a question of the survival of any form of organized human society. Already there are many signs of extreme danger and threat, so far almost entirely in countries that have had the smallest role in producing the disaster. It’s often said, and correctly, that the rich countries have created the disaster and the poor countries are its victims, but it’s actually a little more nuanced than that. It’s the rich in the rich countries who have created the disaster and everyone else, including the poor in the rich countries, face the problems.

So, what’s happening? Well, take the United States and its two political parties. One party is 100% denialist. Climate change is not happening or, if it’s happening, it’s none of our business. The Inflation Reduction Act was basically a climate act that Biden managed to get through, though Congress sharply whittled it down. Not a single Republican voted for it. Not one. No Republican will vote for anything that harms the profits of the rich and the corporate sector, which they abjectly serve.

We should remember that this is not built in. Go back to 2008 when Senator John McCain was running for president. He had a small climate program. Not much, but something. Congress, including the Republicans, was considering doing something about what everyone knew was an impending crisis. The Koch Brothers’ huge energy conglomerate got wind of it. They had been working for years to ensure that the Republicans would loyally support their campaign to destroy human civilization. Here, there was deviation. They launched an enormous campaign, bribing, intimidating, astroturfing, lobbying to return the Republicans to total denialism, and they succeeded.

Since then, it’s the prime denialist party. In the last Republican primary before Trump took over in 2016, all the top Republican figures vying for the presidential nomination, either said that there’s no global warming or maybe there is, but it’s none of our business. The one small exception, greatly praised by liberal opinion, was John Kasich, the governor of Ohio. And he was actually the worst of all. What he said was: of course, global warming’s happening. Of course, humans are contributing to it. But we in Ohio are going to use our coal freely and without apology. He was so greatly honored that he would be invited to speak at the next Democratic convention. Well, that’s one of the two political parties. Not a sign of deviation among them from: let’s race to destruction in order to ensure that our prime constituency is as rich and powerful as possible.

Now, what about the other party? There was Bernie Sanders’s initiative, the Sunrise Movement’s activism, and even Joe Biden at first had a moderately decent climate program — not enough, but a big step forward from anything in the past. It would, however, be cut down, step by step, by 100% Republican opposition, and a couple of right-wing Democrats, Joe Manchin and Kyrsten Sinema. What finally came out was the Inflation Reduction Act, which could only get through by providing gifts to the energy corporations.

It brings to the fore the ultimate insanity of our institutional structure. If you want to stop destroying the planet and human life on Earth, you have to bribe the rich and powerful, so maybe they’ll come along. If we offer them enough candy, maybe they’ll stop killing people. That’s savage capitalism. If you want to get anything done, you have to bribe those who own the place.

And look what’s happening. Oil prices are out of sight and the energy corporations say: Sorry boys, no more sustainable energy. We make more money by destroying you. Even BP, the one company that was beginning to do something, in essence said: No, we make more profit from destroying everything, so we’re going to do that.

It became very clear at the Glasgow COP conference. John Kerry, the U.S. climate representative, was euphoric. He basically said we’ve won. We now have the corporations on our side. How can we lose? Well, there was a small footnote pointed out by political economist Adam Tooze. He agreed that, yes, they’d said that but with two conditions. One, we’ll join you as long as it’s profitable. Two, there has to be an international guarantee that, if we suffer any loss, the taxpayer covers it. That’s what’s called free enterprise. With such an institutional structure, it’s going to be hard to get out of this.

So, what’s the Biden administration doing? Let’s take the Willow project. Right now, it’s allowing ConocoPhillips to open a major project in Alaska, which will bring online more fossil fuels for decades. They’re using known methods to harden the Alaskan permafrost. One of the great dangers is that the permafrost, which covers enormous amounts of hidden fossil fuels, is melting, sending greenhouse gases into the atmosphere, which will be monstrous. So, they’re hardening the permafrost. Big step forward! Why are they doing it? So, they can use it to exploit the oil more effectively. That’s savage capitalism right in front of our eyes with stark clarity. It takes genius not to see it, but it’s being done.

Look at popular attitudes, Pew does regular polling. They recently asked people in a poll to rank in priority a couple of dozen urgent issues, though nuclear war, which is as great a threat as climate change, wasn’t even listed. Climate change was way down near the bottom. Much more important was the budget deficit, which is not a problem at all. Thirteen percent of Republicans — that’s almost a statistical error — thought climate change was an urgent problem. More Democrats did, but not enough.

The question is: Can people who care about minimal human values, like, say, survival, organize and act effectively enough to overcome not only governments, but capitalist institutions designed for suicide?

Barsamian: The question always comes up and you’ve heard it a million times: The owners of the economy, the captains of industry, the CEOs, they have children, they have grandchildren, how can they not think of their future and protect them rather than putting them at risk?

Chomsky: Let’s say you’re the CEO of JPMorgan. You’ve replaced Jamie Dimon. You know perfectly well that when you fund fossil fuels, you’re destroying the lives of your grandchildren. I can’t read his mind, but I suspect that what’s going through it is: If I don’t do this, somebody else will be put in who — because it’s the nature of such institutions — will aim for profit and market share. If I’m kicked out, somebody else, not as nice a guy as I am, will come in. At least I know we’re destroying everything and try to mitigate it slightly. That next guy won’t give a damn. So, as a benefactor of the human race, I’ll continue to fund fossil-fuel development.

That’s a convincing position for just about all the people doing this. For 40 years, ExxonMobil’s scientists were way in the lead in discovering the threats and extreme dangers of global warming. For decades, they informed management that we’re destroying the world and it was just tucked away in some drawer somewhere.

In 1988, James Hansen, the famous geophysicist, gave Senate testimony, essentially saying, we’re racing to disaster. The management of ExxonMobil and the other companies had to consider that. We can’t just put it in the drawer anymore. So, they called in their PR experts and said, “How should we handle this?” And they responded, “If you deny it, you’ll be exposed right away. So don’t deny it. Just cast doubt. Say, maybe it’s true, maybe it isn’t. We haven’t really looked into all the possibilities. We haven’t understood the sunspots, questions about cloud cover, so let’s just become a richer, more developed society. Small footnote, we’ll make a lot more profits and later on, if there’s any reality to this, we’ll be in a better position to deal with it.”

That was the propaganda line. Very effective PR. And then you get the Koch Brothers juggernaut and the like buying the Republican Party, or what used to be a political party, and turning them into total denialists, claiming maybe it’s a liberal hoax, and so on.

The Democrats contributed to this in other ways. One interesting thing about the recent election in areas along the Texas border: Mexican-Americans, who had always voted Democratic, voted for Trump. Why? Well, you can easily imagine: I’ve got a job in the oil industry. The Democrats want to take away my job, destroy my family, all because those liberal elitists claim there’s global warming going on. Why should I believe them? Let’s vote for Trump. At least I’ll have a job and be able to feed my family.

What the Democrats didn’t do was go down there, organize, educate, and say, “The environmental crisis is going to destroy you and your families. You can get better jobs in sustainable energy and your children will be better off.” Actually, in places where they did do that, they won. One of the most striking cases was West Virginia, a coal state, where Joe Manchin, the coal industry senator, has been blocking so much. My friend and colleague Bob Pollin and his group at the University of Massachusetts, PERI, the Political Economy Research Institute, have been working on the ground there and they now have mine workers calling for a transition to sustainable energy. The United Mine Workers even passed resolutions calling for it.

Barsamian: What about what’s going on in the banking sector given the collapse of the Silicon Valley Bank, followed by Signature Bank, and the problems at First Republic Bank?

Chomsky: First of all, I don’t claim any special expertise in this, but the people who do, serious economists who are also honest about it like Paul Krugman, say very simply: we don’t know. This goes back almost 45 years to the deregulation mania. Deregulate finance and you shift to a financial-based economy, while de-industrializing the country. You make your money out of finance, not out of building things — risky endeavors that are very profitable but will lead to a crash and then you call on the government, meaning the taxpayer, to bail you out.

There weren’t any major banking crises in the 1950s and 1960s, a big growth period, because the Treasury Department kept control of the banking industry. In those days, a bank was just a bank. You had some extra money, you put it there. Somebody came and borrowed money to buy a car or send his or her kid to college. That was banking. It started to change a little bit with Jimmy Carter, but Ronald Reagan was the avalanche. You got people like Larry Summers saying, let’s deregulate derivatives, throw the whole thing open. One crisis after another followed. The Reagan administration ended with the huge savings and loan crisis. Again, call in the friendly taxpayer. The rich make plenty of money and the rest pay the costs.

It’s what Bob Pollin and Gerry Epstein called the “bailout economy.” Free enterprise, make money as long as you can, until the crisis comes along and the public bails you out. The biggest one was 2008. What happened? Thanks to the deregulation of complicated financial products like derivatives and other initiatives under Bill Clinton, you got a crash in the housing industry, then in the financial industry. Congress did pass legislation, TARP, with two components. First, it bailed out the gangsters who had caused the crisis through subprime mortgages, loans they knew would never be paid back. Second, it did something for the people who had lost their homes, been kicked out on the street with foreclosures. Guess which half of the legislation the Obama administration implemented? It was such a scandal that the Inspector General of the Treasury Department, Neil Barofsky, wrote a book denouncing what happened. No effect. In response, lots of workers who voted for Obama believing in his hope-and-change line became Trump voters, feeling betrayed by the party that claimed to be for them.

Barsamian: The Ukraine war is now in its second year with no end in sight. China has proposed a peace plan to end it. What are the realistic chances of that happening anytime soon?

Chomsky: The Global South is calling for some negotiated settlement to put an end to the horrors before they get worse. Of course, the Russian invasion was a criminal act of aggression. No question about that. Ukrainians have a right to defend themselves. I don’t think there should be any question about that either.

The question is: Will the United States agree to allow negotiations to take place? The official U.S. position is that the war must continue to severely weaken Russia. In fact, the United States is actually getting a bargain out of this. With a small fraction of its colossal military budget, it’s severely degrading its major military opponent, Russia, which doesn’t have much of an economy but does have a huge military. You can ask whether that’s why they’re doing it, but that’s a fact.

There’s a pretext: if we continue to support the war, we’ll put Ukraine in a better negotiating position. Actually, they’ll likely be in a worse one, since that country’s being destroyed by the war, economically. Virtually their entire army’s gone, replaced by new recruits, barely trained. Russia’s suffering badly as well, but if you look at their relative power, who’s going to win in a stalemate? It’s not a big secret. Ukraine is likely to be destroyed and yet the U.S. position is: we’ve got to continue, got to severely weaken Russia, and by some miracle, Ukraine will become stronger.

Britain follows the United States. But what about Europe? So far, its elites have gone along with the United States. Its people, not so clear. Judging by polls, the public is calling for negotiations. The business world is deeply concerned. Putin’s criminal aggression was also an act of criminal stupidity from his point of view. Russia and Europe are natural commercial partners. Russia has resources and minerals, Europe technology and industry. Instead, Putin handed Washington its greatest wish on a silver platter. He said: Okay, Europe. Go be a satellite of the United States, which means that you will move towards deindustrialization.

The Economist magazine among others has been warning that Europe’s going to move towards deindustrialization if it continues to back the NATO-based, U.S.-run war, which much of the world now regards as a proxy war between Russia and the United States over Ukrainian bodies. Actually, it goes well beyond that. In response to U.S. demands, NATO has now expanded to the Indo-Pacific, meaning the U.S. has Europe in its pocket for its confrontation with China, for encircling it with a ring of states heavily armed with U.S. precision weapons.

Meanwhile, the Biden administration has called for a commercial war to prevent Chinese development for a generation. We can’t compete with them, so let’s prevent them from getting advanced technology. The supply chains in the world are so intricate that almost everything — patents, technology, whatever — involves some U.S. input. The Biden administration says that nobody can use any of this in commercial relations with China. Think what that means for the Netherlands, which has the world’s most advanced lithographic industry, producing essential parts for semiconductors, for chips. It’s being ordered by Washington to stop dealing with its major market, China, a pretty serious blow to its industry. Will they agree? We don’t know. Same with South Korea. The U.S is telling Samsung, the big South Korean firm, you’ve got to cut yourself off from your major market because we have some patents that you use. The same with Japanese industry.

Nobody knows how they’re going to react. Are they going to willingly deindustrialize to fit a U.S. policy of global domination? The Global South — India, Indonesia, Latin American countries — is already saying, we don’t accept such sanctions. This could develop into a major confrontation on the world scene.

Barsamian: Rafael Grossi, director of the International Atomic Energy Agency, has been warning of the dangers posed by nuclear reactors in Ukraine. Shelling and fighting near them could, he says, trigger “a nuclear disaster.” Meanwhile, the Biden administration is going ahead with the “modernization” of U.S. nuclear weapons. Is this another example of when the lunatics control the asylum?

Chomsky: Unfortunately, one of the major problems Dan Ellsberg and some others have been trying to get us to understand for years is the growing threat of nuclear war. In Washington, people talk about it as if it were a joke: let’s have a small nuclear war with China! Air Force general Mike Minihan recently predicted that we’re going to have a war with China in two years. It’s beyond insanity. There can’t be a war between nuclear powers.

Meanwhile, U.S. strategic planning under Trump, expanded by Biden, has been to prepare for two nuclear wars, with Russia and China. Yes, those Ukrainian nuclear reactors are a major problem, but it goes beyond that. The United States is now sending tanks and other weaponry to Ukraine. Poland is sending jet planes. Sooner or later, Russia’s likely to attack the supply routes. (U.S. military analysts are a little surprised that it’s held back this long.) You have leading figures from Washington visiting Kyiv. Do you remember anybody visiting the Iraqi capital, Baghdad, when the United States was pounding it to dust? Not in my recollection. In fact, a few peace volunteers were ordered out of the country, because it was being so devastated. Ukraine’s being badly hit, but if Russia goes on to attack Western Ukraine including the supply routes, maybe even beyond that, then direct confrontations with NATO become possible.

In fact, it’s already moving up the escalation ladder. How far will it go? You have people in the hawkish sector suggesting that maybe we can sink the Russian Black Sea fleet. And if so, they’re going to say, thank you, that was nice, we didn’t really care much about those ships, right?

In fact, to go back to that Pew poll, they didn’t even list nuclear war as one of the issues people could rank. Insanity is the only word you can use for it.

Barsamian: Speaking of planetary dangers, the START Treaty between the U.S. and Russia established limits on deployed strategic nuclear warheads. Recently, Russia suspended its participation in it. What’s the danger of that?

Chomsky: Russia was sharply condemned for that. Rightly. Negative acts should be criticized. But there’s some background to it we’re not supposed to talk about. The arms control regime was painstakingly developed over 60 years. A lot of hard work and negotiation. Huge public demonstrations in the United States and Europe led Ronald Reagan to accept Russian leader Mikhail Gorbachev’s proposals for the Intermediate Short Range Missile Treaty in Europe, a very important step in 1987. Dwight D. Eisenhower had initiated thinking about an Open Skies Treaty. John F. Kennedy took some steps. Over time, it developed, until George W. Bush became president.

Since then, the Republican Party has been systematically dismantling 60 years of arms control. Bush dismantled the Antiballistic Missile Treaty. That was crucial. It’s a great danger to Russia to have ABM installations right near its border, since those are first-strike weapons. Trump came along with his wrecking ball and got rid of the Reagan-Gorbachev INF Treaty and later the Open Skies Treaty. He was after the New START Treaty, too, but Biden came in just in time to agree to Russian proposals to extend it. Now, the Russians have suspended that one. All of this is a race to disaster and the main criminals happen to be the Republican Party in the United States. Putin’s act should be condemned, but it hardly took place in isolation.

Barsamian: U.S. intelligence recently issued its Annual Threat Assessment. It says, “China has the capability to directly attempt to alter the rules-based global order in every realm and across multiple regions as a near-peer competitor that is increasingly pushing to change global norms.” That phrase “rules-based global order” is vintage Orwell.

Chomsky: It’s an interesting phrase. In the United States, if you’re an obedient intellectual commentator and scholar, you take it for granted that we must have a rules-based order. But who sets the rules? We don’t ask that question because it has an obvious answer: the rules are set by the Godfather in Washington. China is now openly challenging it and, for years, has been calling for a UN-based international order, supported by much of the world, especially the Global South. The U.S. can’t accept not setting the rules, however, since it would involve a strict bar against the threat of, or use of, force in international affairs, which would mean barring U.S. foreign policy. Can you think of a president who hasn’t engaged in the threat of, or use of, force? And not just massive criminal actions like the invasion of Iraq. When Obama tells Iran that all options are open unless you do what we say, that’s a threat of force. Every single U.S. president has violated the UN-based international order.

And here’s a little footnote you’re not supposed to cite. They’ve also violated the U.S. Constitution. Read Article Six, which says that treaties entered into by the United States are the supreme law of the land every elected official is bound to observe. The major post-World War II treaty was that UN Charter, which bans the threat or use of force. In other words, every single U.S. president has violated the Constitution, which we’re supposed to worship as given to us by God.

So, is China becoming a “peer competitor”? It is in the regions surrounding it. Look at the war games run by the Pentagon and they suggest that, if there were a local war over Taiwan, China would probably win. Of course, the idea is ridiculous because any war would quickly explode into a terminal one. But those are the games they play. So, China’s a peer competitor. Is it acting properly and legally? Of course not. It’s fortified rocks in the South China Sea. It’s in violation of international law, in violation of a specific judgment of the UN, but it’s expanding.

Still, the primary Chinese threat is initiatives like bringing Saudi Arabia and Iran together and so throwing a serious wrench into U.S. policies going back 80 years to control the Middle East. Strategically, it’s the “most important area in the world,” as the government put it, and China’s horning in on that, creating a political settlement that might reduce tensions, might even solve the horrifying war in Yemen, while bringing together Washington’s primary ally there, Saudi Arabia, and Iran, its major enemy. That’s intolerable! For the U.S. and Israel, it’s a real blow.

Barsamian: Your classic book with Ed Herman is Manufacturing Consent. If you were updating it today, you would, of course, replace the Soviet Union with China and/or Russia and undoubtedly add the growth of social media. Anything else?

Chomsky: Those would be the main things. Social media is not a small point. It’s having a very complex effect on American society. Go back to the U.S. invasion of Iraq. The majority of the population thought that Saddam Hussein was responsible for 9/11. Beyond outlandish, but they had heard enough propaganda here to believe it. Social media is only making all of this worse. A recent study of young people, of what’s called Generation Z, and where they get their news found that almost nobody reads the newspapers anymore. Almost nobody watches television. Very few people even look at Facebook. They’re getting it from TikTok, Instagram. What kind of a community is going to try to understand this world from watching people having fun on TikTok?

The other effect of social media is to drive people into self-reinforcing bubbles. We’re all subject to that. People like me listen to your program or Democracy Now. We don’t listen to Breitbart. Conversely, the same is true. And another monster is coming along, the chatbot system of artificial intelligence, a wonderful way to create disinformation, demonization, defamation. Probably no way to control it. And all of this is part of manufacturing consent. We are the best and the brightest. Get those people out of our hair and we’ll run the world for everybody’s benefit. We’ve seen how that works.

Barsamian: How do we overcome propaganda and what are some techniques for challenging savage capitalism?

Chomsky: The way you challenge propaganda is the way you’re doing it, just more — more active, more engaged. As for savage capitalism, there are two steps. The smaller is to eliminate the savage part. It’s not exactly utopian to say: let’s go back to what we had pre-Reagan. Let’s have a moderately harsh capitalism in which there are still some decent wages, rights for people, and so on. Far from ideal, but much better than what we’ve had since.

The second step is to get rid of the core problem. Let’s go back to the early stages of the Industrial Revolution in the United States. Working people took it for granted that the wage contract was a totally illegitimate assault on their basic rights, turning you into what were openly called “wage slaves.” Why should we follow the orders of a master for all of our waking lives? It was considered an abomination. It was even a slogan of the Republican Party under Lincoln that this was intolerable. That movement lasted into the early 20th century before finally being crushed by Woodrow Wilson’s Red Scare, which basically wiped out the Socialist Party and the labor movement. There was some recovery in the thirties, but not to that extent.

And now even that’s gone. People regard it as their highest goal in life to be subjected to the orders of a master for most of their waking lives. And that’s really effective propaganda, but it can change, too. There already are proposals for worker participation in management that are anything but utopian. They exist in Germany and other places and that could become: Why don’t we take the enterprise over for ourselves? Why should we follow the orders of some banker in New York when we can run this place better? I don’t think that’s all that far away.

Barsamian: The lunatics seemingly control the asylum. What signs of sanity are out there to counter the lunatics?

Chomsky: Plenty. There’s lots of popular activism. It’s in the streets. Young people calling for the decent treatment of others. A lot of it is very solid and serious. Extinction Rebellion, the Sunrise Movement. Let’s save the planet from destruction. There are lots of voices. Yours, Democracy Now, Chris Hedges, lots of sites, Alternet, Common Dreams, Truthout, The Intercept, TomDispatch, many others. All of these are efforts to create an alternative world in which human beings can survive. Those are the signs of hope for the world.

Army quietly allows soldiers charged with violent crimes to leave military rather than face trial

This article is co-published with ProPublica, a nonprofit newsroom that investigates abuses of power, and with Military Times, an independent news organization reporting on issues important to the U.S. military. Sign up for newsletters from ProPublica and Military Times.

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Stationed at Army posts thousands of miles apart, two soldiers faced a flurry of criminal charges after they allegedly assaulted women within days of each other in early 2017.

One soldier was accused of physically assaulting his wife and firing a gun as she tried to flee their home near Fort Hood in Texas. Police later found a bullet hole in a window screen.

The other told investigators in Alaska that he’d had sex with a fellow soldier who he knew was drunk and incapable of providing consent. They later found DNA evidence of his semen on her shorts.

Military prosecutors deemed the cases strong enough to pursue them in court. But the Army instead kicked the soldiers out, allowing them to return to civilian life with scant public record of the accusations against them.

The two cases are among hundreds that lay bare a long-standing but little-known practice that permits service members facing criminal charges to circumvent trial by being discharged from the military. The service members often receive negative marks on their personnel records but avoid the possibility of a federal conviction.

A federal watchdog agency in 1978 called for abolishing the practice, known as administrative separations in lieu of court-martial, arguing that it should be used only to remove service members who were unfit for the military, not to dispose of cases involving alleged criminal offenses.

A 1978 report to Congress called for the elimination of administrative discharges in lieu of court-martial. Credit: Highlighted by ProPublica and The Texas Tribune

Nearly 50 years later, however, the practice remains. And, in the Army, it is increasingly being used for cases in which soldiers are charged with serious crimes such as sexual assault, domestic violence or child abuse, an investigation by ProPublica, The Texas Tribune and Military Times found.

More than half of the 900 soldiers who were allowed to leave the country’s largest military branch in the past decade rather than go to trial were accused of violent crimes, according to an analysis of roughly 8,000 Army courts-martial cases that reached arraignment. The figure is a significant increase from about 30% in the previous decade.

Choosing to handle such cases administratively instead of through the courts can have serious ramifications, experts told the news organizations.

Some soldiers escape potential legal consequences: Those who may have been convicted of sexual assault won’t have to register as sex offenders, and those who could have been found guilty of domestic abuse will not be subject to federal restrictions prohibiting them from owning firearms.

“If you’re letting serious crimes go through the administrative separation route, you increase the possibility of a serial rapist, a child molester, going back into the community and doing it again because there’s no public record and no dissuasion,” said Joshua Kastenberg, a professor at the University of New Mexico School of Law and former Air Force judge advocate.

But such administrative separations also carry a stigma, particularly for service members charged with minor offenses, according to experts. Those who are granted permission to leave the military typically receive an “other than honorable” discharge. Such a designation strips service members of many veterans benefits and can look bad to employers, experts said.

Military commanders are not required to explain their reasoning when granting these discharges. But the news organizations found instances in which they have approved separations even in cases with witnesses, DNA evidence or confessions.

In the Fort Hood case, the ex-soldier was arrested for choking his girlfriend a year after the Army chose not to pursue charges against him for allegedly assaulting his wife. He later pleaded no contest to the charges involving his wife and guilty to charges related to the assault of his girlfriend. He declined an interview through a relative.

“I just wish that they would have done more,” Morgan Short, the second woman who accused him of assault, told ProPublica, the Tribune and Military Times.

Army officials declined to comment about individual soldiers’ cases.

Army Col. Christopher Kennebeck, chief of the criminal law division at the Office of Judge Advocate General, did not dispute the news organizations’ finding that these types of administrative separations are increasingly being used for violent crimes. He said they are intended for minor offenses or cases in which the Army is not able to meet the necessary burden of proof to win at trial. A separation from the Army is a good alternative if commanders believe wrongdoing occurred but do not have enough evidence for a conviction, he said.

“You have someone who still exists in society, still has the presumption of innocence to go on with their lives,” Kennebeck said. “It’s just that in the military, you might not be able to continue to serve.”

But former Air Force chief prosecutor Col. Don Christensen said once officials read charges in court against a soldier, as happened in each case analyzed by the news organizations, the government should be ready to go to trial. Backing away from those charges signals to Christensen, now in private practice, that the Army is concerned that it can’t win cases, which he said is its own problem.

“You have someone take an oath saying the charges were true, so it’s true that this person is violent, it’s true this person is a sex offender. But now I’m going to say that we’re just going to fire him and turn him back into civilian society without really addressing the issue,” Christensen said.

Unheeded calls

Soldiers charged with crimes ranging from going AWOL and smoking marijuana to rape and aggravated assault with a deadly weapon can request to leave the Army rather than go to trial.

In doing so, enlisted soldiers must acknowledge that they committed an offense that could be punishable under military law. They do not have to admit guilt to a specific crime.

After an enlisted soldier’s immediate commanders weigh in with a recommendation, a senior commander overseeing the court-martial, typically a two-star general or higher, decides whether to grant the discharge in consultation with legal advisers. Officers don’t have to admit guilt, and ultimately a Pentagon official decides whether to accept the request.

The practice has no exact equivalent in the civilian justice system.

One comparison, according to legal experts, is deferred adjudication, a process that lets people accused of certain crimes avoid a conviction if they successfully complete probation without any other violations.

A key difference is that with deferred adjudication, judges, not commanders, decide and can ultimately revoke the probation and continue with the original charges if the person fails to meet the agreed-upon conditions.

In the military, however, soldiers are free to return to civilian life once a discharge is granted and there are no stipulations for revoking the agreement if the soldier gets in trouble again. And unlike in the civilian justice system, where the public can typically access court records related to a case, limited information is available in the military because the soldier was never convicted.

[ Read about the history of administrative separations. ]

Federal lawmakers and some military appeals judges took issue with the lack of due process and growing use of administrative separations throughout the 1960s.

Perhaps the most significant critique of such separations came in 1978 when the federal government’s General Accounting Office, now known as the Government Accountability Office, released a report that called for ending the practice.

The report said that while military branches had used such separations “as an expedient way to get rid of problem people,” Congress never intended for the process to apply to criminal cases.

Releasing some soldiers while trying others for the same offense resulted in unequal treatment and limited the effectiveness of military courts, which “must enforce the law and also protect the rights of individual service members. They cannot accomplish these objectives if a major portion of criminal offenses are dealt with outside the judicial process,” the report stated.

But the military argued that eliminating administrative separations would increase the workload of its courts.

So the practice continued.

One accusation, then another

Late one March afternoon in 2017, Faustino Vallo’s wife walked into a police station near Fort Hood, the massive Central Texas Army post where her husband of more than two years worked as a bomb technician.

Vallo had grabbed her by the neck and held his Glock handgun to her head during an argument nine days earlier, she told Killeen police. According to records detailing her account, Vallo told her that her life was over and fired a gun as she ran from the house. When she returned, he told her he didn’t mean for the gun to go off, according to her account in partially redacted military investigative files. Officers later found a bullet hole in a window screen.

A military agent’s investigation report details allegations Faustino Vallo’s wife made that the soldier pointed a loaded gun at her. Credit: Highlighted by ProPublica and The Texas Tribune

About six months later, as the Bell County Attorney’s Office was pursuing misdemeanor charges against Vallo, it received an email from an Army attorney. She asked that the case be transferred to Fort Hood, which had decided that it wanted to proceed with aggravated assault charges against the soldier, a private first class.

Another email arrived in March 2018, a year after the woman reported the alleged assault. Vallo’s case was scheduled to go to trial at Fort Hood at the end of the month but the commanding general had instead accepted his administrative separation request, an Army captain wrote to the county attorney’s office. He would be permitted to leave the Army within a week and receive an “other than honorable” discharge.

“He will not have been tried for the charges we brought against him,” the captain wrote.

A Fort Hood spokesperson declined a request to interview an Army attorney involved in Vallo’s case.

After the Army discharged Vallo, the Bell County Attorney’s Office decided to prosecute him as it had initially intended. That process took another year.

During that time, Vallo was arrested again for domestic assault, this time for attacking his girlfriend, Morgan Short, in Coryell County.

In early April 2019, Short had just poured herself a glass of wine when she and Vallo got into a disagreement. She said Vallo, who was also drinking, suddenly knocked the glass out of her hand and then pushed her down against the white-tiled living room floor. He put the full weight of his body on her back and began to choke her and then bite her, Short said in an interview with the news organizations.

Eventually, she said, Vallo let her go. She ran to her bedroom closet and prayed to God not to let her die. When Short tried to leave the house, she said Vallo put a gun in his mouth in front of the couple’s infant son and the young daughter he shared with his estranged wife.

“I don’t know why he didn’t kill me because I really feel like he was going to,” Short recalled.

Police in Copperas Cove, where the attack occurred, refused to release an incident report, but a story in the Killeen Daily Herald said officers observed several fresh injuries on Short.

On June 10, 2019, Vallo pleaded guilty in Coryell County to choking Short. He was fined and given five years deferred adjudication.

Days later, he pleaded no contest in Bell County to discharging a firearm for the incident involving his wife and received nine months deferred adjudication. He would not serve jail time if he followed certain conditions including that he have no access to firearms during that period.

Vallo, his estranged wife and the civilian defense attorney who represented him in the Bell County case declined interview requests for this story.

Bell County Attorney James E. Nichols said he wasn’t sure why the case took so long after his office took it back from the Army. He said he did not know if his attorneys were aware of Vallo’s Coryell County plea because prosecutors generally don’t get alerted that someone with a pending case has been arrested in another county.

Such information is critical and could have resulted in a harsher sentence in the Bell County case, said Miltonette Craig, an assistant professor in Sam Houston State University’s Department of Criminal Justice and Criminology. Nichols agreed more information about the case could have affected the judge’s decision.

Short also did not know about Vallo’s conviction in Bell County when he persuaded her to let him back into her life. It didn’t take long before he became aggressive again, records show.

On New Year’s Day 2020, Vallo had chugged a bottle of vodka and threatened to “beat my ass and leave me on the floor crawling,” Short recalled in an interview with the news organizations. At one point, she said, he locked her in the bedroom and spit in her face.

After struggling to get an answer from 911 operators, Short said she called her family, who eventually got through to police. Officers were dispatched to the home for a “violent domestic,” according to a partial incident report released by law enforcement.

A partial incident report from January 2020, released by the Killeen Police Department, shows Morgan Short’s family called 911 to report her allegation that Vallo was threatening her. Credit: Highlighted by ProPublica and The Texas Tribune

At the time of the report, Vallo was still under probation for both assaults. He wasn’t arrested. Short believes it was because he’d threatened her with physical violence but had not actually assaulted her.

In June, a Coryell County judge extended Vallo’s probation in connection with Short’s 2019 assault after he was twice arrested for drunk driving. The judge, who did not return a call for comment, required him to attend Alcoholics Anonymous meetings twice a week.

The drunk driving arrests were a violation of Vallo’s probation conditions. Craig said the judge could have revoked Vallo’s deferred adjudication and convicted him of the assault charge.

“I don’t remember feeling hope”

The true number of service members across the armed forces who were allowed to separate from the military instead of facing trial for serious charges is difficult to know.

Compared with other branches, the Army released the most complete court data to the news organizations under the federal Freedom of Information Act. Even the Army’s records are limited because they provide data only for cases that reach arraignment, meaning that the number of soldiers who were discharged as part of the practice is higher than what the news organizations’ analysis shows.

One area that provides some insight into the practice across all branches is the military’s handling of sexual assault. Congress has mandated more detailed reports on such cases as part of a larger crackdown.

According to those reports, more than 1,000 service members who were charged with sexually assaulting an adult from 2012 to 2021 were permitted to leave the military rather than face trial. Of those, 726 were in the Army.

Overall, the Army had the highest rate of service members — about 1 in 4 — who left despite being charged with sexual assault, according to an analysis of the reports. (The next highest branch was the Air Force, which had a rate of nearly 1 in 5.)

Tony Thomas, an Army specialist, was one of the soldiers.

A female soldier accused Thomas of sexually assaulting her on March 5, 2017, after they’d spent the night celebrating her 24th birthday in Anchorage, Alaska, where both were stationed. The woman, who spoke to the news organizations, agreed to be identified by her middle name, Hope.

By the end of the night, Hope was “obviously intoxicated,” a friend later told investigators. Thomas and a friend helped her to her barracks room because she couldn’t walk on her own. The friend then left, according to partially redacted investigative files that reference security footage from outside of the room. Thomas stayed behind.

Hope told investigators that she woke up to Thomas groping and kissing her breasts. She recalled him taking off her pants, turning her over and shoving her face into the futon. She said that she told him to stop but that he continued to sexually assault her, according to the files.

This military agent’s investigation report details allegations made by a soldier that a fellow service member, Tony Thomas, sexually assaulted her in her barracks room in March 2017. Credit: Highlighted by ProPublica and The Texas Tribune

Once Thomas left, Hope went to the friend’s room and said she’d slept with him and he would not stop when she told him to. “I feel horrible. I kept saying ‘no, no stop’ but he didn’t,” Hope said, according to her friend’s account in the investigative reports. Maybe it was her fault, Hope told her friend, because she was drunk and wearing “little” shorts. She then reported the assault to military authorities.

Later that day, Thomas acknowledged that he knew Hope was intoxicated and was incapable of providing consent, according to an investigator’s account of the interview. He said he’d made a mistake and admitted to the investigator that he sexually assaulted her, records show.

Thomas said he knew the woman was intoxicated and was unable to give consent, according to an investigator’s account of the interview. Credit: Highlighted by ProPublica and The Texas Tribune

Thomas declined to comment through a relative, who maintained the soldier’s innocence and said the punishment he received was “unjust.” His family indicated they plan to challenge his discharge status.

A DNA test of the woman’s shorts later detected Thomas’ semen. An Army prosecutor determined in July 2017 that there was probable cause Thomas committed sexual assault, records show.

Despite having an attorney and meeting with an investigator on the case, Hope said she was not aware of all of the evidence collected by prosecutors.

She began to feel like no one around her offered encouragement.

“I don’t remember feeling hope,” she said. “I don’t remember feeling confident that ‘OK, this is going to go before a judge and they’re going to actually believe what happened or they’re going to take me seriously.'”

More than a year after she accused Thomas of assault, Hope met again with an investigator on the case. By then, she had transferred to Fort Hood to avoid seeing her alleged attacker. She and her new husband had just learned she was pregnant. “I finally just kind of mulled it over and I was like: ‘I don’t want to take this to trial. I don’t want to sit on trial pregnant, reliving something that I want to just go away.'”

Hope said the investigator laid out various options, including that Thomas could be discharged instead of going to trial. She said that path seemed best to her at the time.

“I was trying to move on in my life,” she said.

Kennebeck, the Army’s criminal law director, said that commanders consider victim input and preference when deciding whether to take a case to court-martial or grant an administrative separation.

It is possible, however, to pursue a sexual assault case when a victim doesn’t want to testify, said Liz Boyce, general counsel and director of policy and legal at the Texas Association Against Sexual Assault. In the civilian system, she said, prosecutors commonly offer plea deals in such cases. The key is ensuring the victim is consulted about that decision, she said.

But discharges in lieu of trial are not plea bargains, so there is no conviction on a person’s record. The local district attorney in Anchorage could have considered pursuing charges against Thomas, under an agreement with the military, but it’s not clear if the Army shared information about his case.

Boyce said deciding not to pursue any possible legal punishment is “dangerous, frankly.”

“They’re not going to have any kind of repercussions the way a guilty verdict would have, the way a felony is going to follow you,” Boyce said.

Moving forward

After six years and a lot of therapy, Hope says she wishes she’d chosen a different course.

She believes administrative separation “was a Band-Aid” for her case. “If I could go back now and know what I know now, no, hell no, I would have taken it to court,” she said.

For her part, Short wishes the Army had done more. She continues to wonder why military officials didn’t take Vallo to trial when his wife accused him of assault.

Vallo always gave her different explanations for why he was discharged from the Army, Short said. There was no easy way for her to access any documentation about that decision. It’s not anywhere online.

“It kind of blows my mind that they just kicked him out. And then didn’t proceed to press any charges,” Short said. “That’s insane to me. They’re enabling people to keep acting this way.”


History of these separations

It’s not clear when administrative separations in lieu of court-martial began, but experts and records show that at least since the 1950s their primary purpose was to remove service members from the military who commanders believed were not fit to serve. That meant those who got in trouble for minor misconduct or military-specific offenses like being chronically late to formation, said Joshua Kastenberg, a professor at the University of New Mexico School of Law and former Air Force judge advocate.

The practice grew in popularity as about 2 million people were drafted into the military during the Vietnam War, bringing a slew of discipline problems. Near the beginning of the war, the various branches granted 424 such discharges. The number ballooned to nearly 27,000 soon after the war ended in 1976, according to a federal watchdog agency’s report.

Many soldiers who were discharged faced charges for being AWOL and other minor misconduct, according to experts and other archival records, which also indicated administrative separations were rarely used for serious criminal offenses at the time.

“Let’s be honest, you can’t court-martial everyone who is a discipline problem and who doesn’t want to be in the Army,” Fred Borch, a retired Army colonel and military history expert, said in an interview. “So I would say that the compromise was, ‘Hey, we have an administrative way to get rid of people who don’t want to be here without really being overwhelmed with courts-martial.'”

Borch, who served as an Army lawyer for 25 years before retiring in 2005, could not recall when the practice evolved to include soldiers accused of criminal acts but said, “You wouldn’t take a discharge like this for a rape or a murder or a robbery because, my general opinion would be, the person has got to go to jail.”


About the data: How we analyzed administrative separations in lieu of court-martial

To examine the Army’s use of separations and resignations in lieu of trial, ProPublica, The Texas Tribune and Military Times used data from the Army Court-Martial Information System, which covers cases that were referred to the Army’s two highest trial courts dating back to 1989. The database does not include cases that were dismissed or resolved before they reached arraignment, which is a formal hearing when charges are read to the defendant.

The newsrooms analyzed cases in which soldiers had their charges withdrawn or dismissed administratively and were allowed to leave the service instead of facing trial, processes most commonly known as Chapter 10s for enlisted soldiers or resignations for the good of the service for officers.

We categorized crimes as violent using the National Institute of Justice’s definition, which counts cases in which a victim is harmed by violence. Such crimes include rape, sexual assault, physical assault, murder and robbery.

For our analysis, we included charges that fell under the following articles of the Uniform Code of Military Justice, standardized to the most recent edition of the Manual for Courts-Martial: 118 (murder and homicide), 119 (manslaughter), 120 (sexual assault and rape of an adult), 120B (sexual assault and rape of a child), 122 (robbery), 128 (physical assault), 128A (maiming) and 128B (domestic violence). Additionally, charges of striking or assaulting officers (commissioned and noncommissioned) are included in the analysis. (These were charged under articles 89, 90 and 91.) We classified cases with at least one of the above charges as violent, regardless of any other accompanying charges.

Our reporting on administrative separations focused on the Army, which is the nation’s largest military branch, has a significant presence in Texas and maintains the most complete court databases compared with the other military branches. Neither the Department of Defense nor any of the other branches provided separations data broken down by the type of charge.


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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2023/04/10/military-army-administrative-separation/.

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Utah’s secretive medical malpractice panels make it even harder to sue providers

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Jessica Lancaster didn’t want to tell the panel of three strangers in front of her about the moment her chiropractor insisted she lift up her shirt.

How Kelby Martin’s breathing became heavier as he groped her breasts, which had been healing from surgery; how after he touched her chest, he didn’t follow through with any type of chiropractic treatment; how she left his office in August 2021 in a haze.

But Lancaster wanted to sue Martin to hold him accountable, and before she could do that, Utah law required her to make her case to the panel.

The panel concluded last August that Martin had departed from the normal standard of care, Lancaster’s lawyers later disclosed in a court filing. In response to a request for comment, Martin’s lawyer pointed to court papers in which the chiropractor denied Lancaster’s allegations against him. The case is pending; his license remains in good standing with the state.

There was a time when a majority of states had adopted malpractice screening panels in some form. A 1984 analysis by the American Medical Association found 30 states had implemented panels at some point. The goal was to cut down on frivolous lawsuits and encourage settlements of legitimate claims.

Over the years, many of those states found these panels ineffective or in violation of their constitutions, and some did away with them entirely. But Utah remains one of 16 states where patients still must spend time, money for legal services and emotional energy recounting to a panel how a medical professional they trusted hurt them, according to a tally from the National Conference of State Legislatures. The Utah system has processed, on average, about 300 cases per year for much of the last decade, according to state data.

“It’s just one more time we have to tell our story,” Lancaster said. “We relive it. I think it’s so unnecessary.”

That extra step is mandated but can feel pointless to plaintiffs. Even if the Utah panel says a claim is meritless, they remain free to sue, and several attorneys told The Salt Lake Tribune and ProPublica they routinely go on to win jury verdicts or settlements in such cases.

Medical providers contend the process has a purpose. Michelle McOmber, CEO of the Utah Medical Association, said it’s common for potential plaintiffs to accuse a broad range of providers. The information sharing that happens during a panel hearing, she said, can help both sides focus on those who may have harmed the patient.

The state agency that administers the panels also asserts that they are “highly effective in ferreting out frivolous claims, as it is rare for a case deemed without merit to move forward,” said Melanie Hall, spokesperson for the Utah Department of Commerce’s Division of Occupational Licensing. The division’s data shows that over the last decade, only 4% of the cases considered by the panels were considered meritorious.

But there is no way to independently assess DOPL’s claim that nonmeritorious claims rarely move forward — because Utah is one of six states where panel rulings are kept secret from the public. And state lawmakers have not asked the division to track how cases are resolved after a panel’s judgment.

Utah law does require DOPL to compile whether claims heard by the panels are later filed as lawsuits. But it is not compiling this data, division director Mark Steinegal said in an email responding to The Tribune’s request for that data.

No one in Utah — including legislative auditors — has been able to prove that the prelitigation panels are effective at reducing litigation.

Soon, sexual assault victims who say they have been harmed by medical workers will become exempt from this process. Last month, the Utah Legislature passed and Gov. Spencer Cox signed a bill clarifying that sexual assault is not considered health care, and such claims are not governed by the state’s medical malpractice act. So those who say they have been harmed after the law goes into effect — May 3 — will be able to file civil lawsuits against alleged abusers without appearing before a panel.

The new law followed a recent investigation by The Tribune and ProPublica that detailed how patients who say they were sexually assaulted by providers faced more hurdles and were treated more harshly in Utah’s civil courts than those abused in other settings.

Now some are calling for the state to abandon the panels altogether. Those critics, mostly personal injury lawyers, say it’s time for Utah to overhaul its system.

“It’s often being used as a tool to make access to justice for individuals harder, more expensive and more time-consuming,” said Jeff Gooch, a Utah personal injury attorney who has also worked as the chair of a prelitigation panel.

An “Arbitrary Delay” or Helpful Process?

Beginning in the 1970s, most states adopted some type of screening step for those who want to sue a health care provider — one of several reforms made in response to fears that the cost of health care was rising because of an increase in civil lawsuits and “runaway juries” doling out multimillion-dollar payouts.

But it became clear the system wasn’t always working the way it was intended. In 1979, Missouri’s Supreme Court ended its panel process after finding it caused a “useless and arbitrary delay.” And in 2019, Kentucky’s high court struck down its law after it had been in effect for just a year, finding it caused an unconstitutional delay in people’s ability to access the courts.

Since the panels were added to Utah’s medical malpractice law in 1985, no one, including state auditors, has been able to show whether they have had a meaningful impact on weeding out frivolous cases or reducing the number of medical malpractice cases filed.

One Brigham Young University law school study from 1989 surveyed Utah attorneys who had participated in panels in their first two years of existence. The researchers concluded that the program was ineffective: They found that an overwhelming majority of the attorneys surveyed “stated that their opinion of the case did not change as a result of the hearing.”

“The procedure does not foster settlement,” one attorney wrote in a survey response. “It only gives the medical provider more protection by the mandated steps required before litigation can be pursued. It is another way for medical providers to avoid liability. I believe it should be done away with.”

Five years after that study was published, Utah legislative auditors took a look at the panel process. Their 1994 audit found that only 8% of the cases that were reviewed by Utah’s panel during a five-year period beginning in 1985 were settled before a lawsuit was filed. Some 60% went to court. The remaining cases were dropped without being filed in court.

“We could not find an objective way to determine whether the prelitigation process has been a success,” the auditors concluded.

Utah legislators in 2010 put an extra hurdle into the prelitigation panel process: Patients who wanted to file a lawsuit after receiving a “nonmeritorious” opinion had to find an expert who would disagree with the panel and explain why their case had merit — a process that could cost thousands of dollars. That added obstacle remained in place for nearly a decade until the Utah Supreme Court in 2019 found it unconstitutionally blocked access to the courts.

Despite no concrete evidence of the panels’ effectiveness, Steinegal said the feedback he has gotten from attorneys suggests that the prelitigation process is valuable.

“I have heard from both plaintiffs and counsel for defendants that the process is effective in achieving early discovery of the issues, long before the formal procedures that take place in court,” he said. He added that the process is worthwhile “if for no other reason than it accelerates information-sharing.”

Brian Craig, the current prelitigation panel chair, echoed Steinegal’s assertion that the panels ferret out frivolous cases. In a recent Utah Bar Journal article he authored, Craig gave the example of a woman who claimed that the physician who removed her appendix also removed one of her ovaries. A later ultrasound, he said, showed that she still had two ovaries.

“The Cards Are Stacked Against You”

Several attorneys who spoke to The Tribune and ProPublica said the extra cost and delay caused by the panels provides little benefit.

Gooch thinks the bigger problem is the long wait before a suit can be filed: “Memories fade. Excitement fades. Often people’s lives fade — especially if they’re ill.”

Ed Havas, a personal injury attorney who has practiced in Utah for more than 40 years, said it’s common for attorneys to get a nonmeritorious finding from the prelitigation panel and to go on to win that case, either in a settlement or a jury verdict.

He said attorneys typically move forward because they have reviewed medical records and consulted an expert — and believe they can win. He also pointed out that panel members weigh in before plaintiff attorneys have all the evidence they will seek to support their case, since the disclosure of documents happens after a case gets into court.

The panel is less formal than a court hearing, and potential plaintiffs are not required to join their attorneys in meeting with the panel, like Lancaster did. Still, Craig wrote in his Bar Journal article, “attendance by parties” is viewed favorably by the panel and signals that both sides are taking the process seriously.

Critics also include a state legislator who works as a personal injury attorney and has been a panel member. Utah State Sen. Mike McKell — who introduced the recent law exempting sexual assault in medical settings from malpractice requirements — said there is some benefit for the person suing to get to see how a doctor plans to defend him or herself. But overall, the Republican lawmaker said, “it’s nothing more than an obstruction to a victim who has been hurt due to no fault of their own.”

“It’s an impediment put into place to create one more barrier for that access to the court,” he added.

McKell said he tries to help his clients understand that while panelists will likely find their claims don’t have merit, that doesn’t mean they have lost their case.

“This is not a fair hearing,” he said he tells his clients. “The cards are stacked against you. You will likely lose your case with the prelitigation panel. That doesn’t mean we don’t believe in your case.”

All panels include an attorney with no connection to the case, a member of the public who has applied to serve and a health care worker in the same specialty as the accused provider. But several attorneys said its members often defer to the opinion of the health care worker in the group who works in the same field as the accused.

In Utah’s small medical community, it’s likely that these people know each other or went to school together.

“You’re asking the profession to judge themselves,” said Ashton Hyde, the legislative chair of a lobbying organization for Utah trial lawyers. “I think the panel itself is a waste.”

Hall, the DOPL spokesperson, pushed back on concerns that the panels could be biased. She said that DOPL has observed that the medical professional on the panel generally holds the accused to a higher level of scrutiny than the other panelists.

“We believe this may reduce bias from the panel members,” she said.

Hyde said he fears if his organization pushes to get rid of the panels, there will be backlash from doctors and hospitals, who could counter by seeking legislative measures that would make the prelitigation process more difficult.

McKell said he contemplated introducing a bill to get rid of the prelitigation panels three years ago, after the Utah Supreme Court ruling limited their use. But he said he opted not to do so after receiving feedback from lawyers who thought the process still had value.

He has no plans to bring future legislation to eliminate the prelitigation panels, he said in a recent interview.

“This Is on My Soul”

Lancaster said she left her prelitigation panel meeting hurt after one member asked her questions that she perceived as blaming her for being assaulted. She had trusted Martin for care for more than three years, she said, and when he allegedly assaulted her, it caused “a wound I can’t even explain.” (The finding from Lancaster’s panel hearing only became public because it was disclosed in a court filing that was later amended to remove it.)

Lancaster said she believes the panel should receive additional training to be more sensitive toward those who say they have been hurt.

“It was just a lack of education,” she said. “You don’t blame the victim for someone assaulting” them.

Hall, the spokesperson for DOPL, said that panel members do not currently receive sensitivity training, emphasizing that the division’s role in administering the panels is “clerical.” She said officials expect panel members to be professional and sensitive in their questioning, but said they also need a thorough understanding of the case.

“This may require very direct questions that seem insensitive,” she said.

Because McKell’s new reform exempting sexual assault survivors from medical malpractice requirements is not retroactive, alleged victims like Lancaster will continue to go before prelitigation panels for at least two more years — based on the filing deadlines for medical malpractice cases.

To Lancaster, sharing her story with the panel brought back the trauma she had experienced after the alleged assault.

“This is on my soul,” she said. “It’s on the depths of me that I will spend forever healing and trying to fathom why someone would do this to someone.”

If you need to report or discuss a sexual assault in Utah, you can call the Rape and Sexual Assault Crisis Line at 801-736-4356. Those who live outside of Utah can reach the National Sexual Assault Hotline at 800-656-4673.

“It is your duty”: Lawmakers demand chief justice probe Clarence Thomas secret trips

As congressional Democrats scoffed at U.S. Supreme Court Justice Clarence Thomas’ attempt to defend taking luxury vacations funded by a billionaire Republican mega-donor, a group of 16 Democratic lawmakers on Friday urged Chief Justice John Roberts to investigate “allegations of unethical and potentially unlawful conduct” by a member of the nation’s highest court.

In a letter led by Sen. Sheldon Whitehouse, D-R.I., and Rep. Hank Johnson Jr., D-Ga., the Democrats—who include eight members of the Senate and eight House lawmakers—cited Thursday’s bombshell report by ProPublica detailing how “Thomas has repeatedly accepted and failed to disclose gifts and travel from billionaire Harlan Crow.”

“To date, the court has barely acknowledged, much less investigated, these allegations,” the lawmakers wrote. “Amidst all of this—perhaps due in part to the court’s inaction—the American people’s trust in the Supreme Court has plummeted to an all-time low.”

“We believe that it is your duty as chief justice ‘to safeguard public faith in the judiciary,’ and that fulfilling that duty requires swift, thorough, independent, and transparent investigation into these allegations,” the legislators added.

The letter notes that “gifts that Mr. Crow reportedly provided to Justice Thomas include international travel on private jets and yachts, and stays at private resorts, including annual retreats to a resort owned by Mr. Crow’s company. The value of some of these gifts exceeds $500,000, according to ProPublica‘s reporting.”

The lawmakers continued:

Just last year, a right-wing activist admitted to coordinating a previously undisclosed 20-year, $30 million judicial lobbying campaign at the Supreme Court. As part of this operation, this activist reportedly “coached” wealthy donors “to wine, dine, and entertain conservative Supreme Court justices” in an attempt to “embolden the justices” to write “unapologetically conservative” opinions. These donors apparently “financed numerous expensive dinners with [Justices] Thomas, [Samuel] Alito, [Antonin] Scalia, and their wives at Washington, D.C. hotspots” and hosted at least one justice at a private retreat. According to the activist who led this campaign, the donors involved in this lobbying effort were even able to secure advance notice from Justice Alito of the Supreme Court’s 2014 decision in a pending case.

“Over the course of the past year, Justice Thomas has participated in numerous cases implicating his wife’s activities related to the 2020 election and the January 6 attack on the U.S. Capitol,” the letter continues, referencing Virginia Thomas’ attempt to push Arizona state lawmakers to help then-President Donald Trump overturn the results of the last presidential contest.

“Justice Thomas’ failure to recuse in these cases raises questions about whether he violated both federal law and canons of judicial ethics regarding conflicts of interest and recusal,” the lawmakers argued. “It has been said that he knew nothing of his spouse’s activities; that is an assertion of fact that can and should be investigated, and would be in the ordinary course for other judges and officials.”

“It is well past time for the Supreme Court to align with the rest of government in a proper code of ethics enforced by independent investigation and reporting,” they added.

In addition to the letter, there have been calls by progressive groups and congressional Democrats including Rep. Alexandria Ocasio-Cortez, D-N.Y., to impeach Thomas.

When it comes to quiet quitting, “Lucky Hank” is the “Office Space” of academia

In Mike Judge’s 1999 hit “Office Space,” Ron Livingston’s character, Peter, has had enough of his numbing office job at software company, Initech. He decides to try to get fired on purpose. That works out pretty well for him. So well, in fact, his company wants to promote him. His antics, from dressing down to ignoring his boss to cleaning fish at his desk, and total disinterest in work only prove he has upper management potential, sort of like a cubicle Patrick Bateman.  

The present-day equivalent to Peter might be Hank of “Lucky Hank,” AMC’s adaption of Richard Russo’s novel “Straight Man.” How is Hank lucky? Well, he hasn’t been fired yet, despite doing a lot of things to merit it. He’s not the only one in the show who hates their job and lets it be known. From a bar employee to a college president, “Lucky Hank” may be the best example yet of the phenomenon known as quiet quitting.

In July of 2022, a TikTok from engineer Zaid Khan went viral. Khan’s soothing voice narrates scenes of waiting for the subway, viewing leafy trees in the park, blowing bubbles. He says, “I recently learned about this term called quiet quitting, where you’re not outright quitting your job but you’re quitting the idea of going above and beyond. You’re still performing your duties, but you’re no longer subscribing to the hustle-culture mentality that work has to be your life. The reality is it’s not.” 

Within days The Guardian had published an explainer, the first of many pieces unpacking this term, why it seemed to resonate and what to do about it. The Guardian wrote, “The meaninglessness of modern work – and the pandemic – has led many to question.” Quiet quitting was a catchy term, much less cumbersome than feeling very tired and burnt out because life is really hard right now and expensive and dangerous with COVID and maybe we should focus on the escalating climate crisis and spending time with our loved ones, etc. Now we had a catchall for the feelings of exhaustion and disillusionment — and corporations had a scapegoat. 

Quiet quitting is “Worse Than the Real Thing,” read the headline on an alarmist piece from the Harvard Business Review. A CNBC contributor, interviewed for an article on the trend in The Wall Street Journal, said it was “worse than COVID” and called one who would engage in such detachment “a loser.” 

Lucky HankMireille Enos as Lily and Bob Odenkirk as Hank in “Lucky Hank” (Sergei Bachlakov/AMC)The dusty halls and high towers of academia are not known for jumping on trends so it took time for the term to reach professors. But reach them it has. Last month, Nature published an article examining the trend of academics quiet quitting: trying to restrict work hours and set more boundaries when it comes to things like meeting students, serving on committees and peer reviewing articles. 

He’s too young to retire, too old to care. 

For Hank (Bob Odenkirk), the working years have taken a toll. In the pilot of “Lucky Hank,” he tells an arrogant creative writing student exactly what he thinks of their work. He’s bitter. He’s tired. In later episodes, he gets drunk before needing to introduce an important writer at a big event (it’s George Saunders, though not played by George Saunders). Hank boxes a goose, or realistically threatens to. All of these are public demonstrations of his disdain for work, at high-profile events. Like Peter, he’s not hiding his distaste for the (academic gowned) hand that feeds him. He’s too young to retire, too old to care. 

Hank knows he’s given a lot of his life to a not-great school — and his own creative work, fiction writing, maybe the labor he actually cares about, has suffered as a result. Hank’s wife Lily (Mireille Enos) has also devoted her career and way too much time to a school that doesn’t love her back, a high school whose students (and worse, administration) don’t respect her. 

Even the college president, the great Kyle MacLachlan as the awesomely named Dickie Pope seems to be phoning it in. He’s got a cool detachment starting from his first appearance in Episode 4 “The Goose Boxer” when he calls Hank into his office. Hank is in trouble but neither man seem to care, the one being reprimanded or the one doing the reprimanding. President Pope is not going to ask for more money for the school, not going to say goodbye at any point; he simply strides out of the room, unconcerned. Nothing fazes him, including the fact that a huge donated building is named after Jeffrey Epstein (a different Jeffrey Epstein, OK?). Dickie Pope has evolved.

Lucky HankKyle MacLachlan as Dickie Pope in “Lucky Hank” (Sergei Bachlakov/AMC)

The only person I know who doesn’t have a problem with taking work home, working after work hours, is a line cook who isn’t buried in emails.

Hank tunes out during a colleague’s tirade. The show gives us his inner monologue at times, including wondering about the architectural model on the president’s desk, and if it’s hard to break into the “tiny-tree business.” Hank’s son-in-law Russell (Daniel Doheny) isn’t thrilled with any work, including the job Hank gets him at the local bar run by Meg (the likeable Sara Amini) but the primary quiet quitting we have here is from the burnout factory known as education. 

There is a certain romance that some academics, perhaps especially lifers like Hank, seem to have for other professions. When I transitioned from academia — where I never landed a tenure track job — to journalism, I lost count of the number of professors (tenured professors!) who reached out to me asking how they too could make the move. They didn’t seem to like my answer: interview for dozens of academic jobs you don’t get and work for years below the poverty line hustling as a freelance reporter, publishing nonstop. Is this a misguided elevation of other work or just a misunderstanding of how most work works? The only person I know who doesn’t have a problem with taking work home, working after work hours, is a line cook who isn’t buried in emails. Though of course the food industry has its own struggles with burnout too.


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All of these people in the academic universe of “Lucky Hank” (with the exception of Meg, who works as an adjunct/bartender) have good jobs. We assume their salaries are decent, enough to buy nice houses and drive cars in various degrees of niceness, and they have health insurance, fancy dinners and gym memberships. Also, once they have tenure it’s very, very hard to fire them

Most of us don’t have that kind of job security. If professors can’t make it without quiet quitting, then maybe none of us can. Work is hard. Capitalism is hard. The world is pretty hard right now. Let’s all go sit in a park, look at the trees and maybe blow some bubbles for a while. 

For uninsured people with cancer, securing care can be like spinning a roulette wheel

Eighteen months after April Adcox learned she had skin cancer, she finally returned to Charleston’s Medical University of South Carolina last May to seek treatment.

By then, the reddish area along her hairline had grown from a 2-inch circle to cover nearly her entire forehead. It oozed fluid and was painful.

“Honestly, I was just waiting on it to kill me, because I thought that’s what was going to have to happen,” said the 41-year-old mother of three, who lives in Easley, South Carolina.

Adcox had first met with physicians at the academic medical center in late 2020, after a biopsy diagnosed basal cell carcinoma. The operation to remove the cancer would require several physicians, she was told, including a neurosurgeon, because of how close it was to her brain.

But Adcox was uninsured. She had lost her automotive plant job in the early days of the pandemic, and at the time of her diagnosis was equally panicked about the complex surgery and the prospect of a hefty bill. Instead of proceeding with treatment, she attempted to camouflage the expanding cancerous area for more than a year with hats and long bangs.

If Adcox had developed breast or cervical cancer, she likely would have qualified for insurance coverage under a federal law that extends Medicaid eligibility to lower-income patients diagnosed with those two malignancies. For female patients with other types of cancer, as well as pretty much all male patients, the options are scant, especially in South Carolina and the 11 other states that haven’t yet implemented Medicaid expansion, according to cancer physicians and health policy experts who study access to care.

In the face of potentially daunting bills, uninsured adults sometimes delay care, which can result in worse survival outcomes, research shows. The odds of patients getting insurance to help cover the cost of treatment play out a bit like a game of roulette, depending upon where they live and what type of cancer they have.

“It is very random — that’s, I think, the heartbreaking part about it,” said Dr. Evan Graboyes, a head and neck surgeon and one of Adcox’s physicians. “Whether you live or die from cancer shouldn’t really be related to what state you live in.”

The Affordable Care Act gave states the option to expand Medicaid eligibility and cover more people. Shortly after the law passed, just 2.6% of adults ages 18 to 64 with a new cancer diagnosis lacked insurance in Medicaid expansion states versus 7.8% in nonexpansion states, according to a study published in JAMA Oncology in 2018. Researchers at the American Cancer Society, who conducted the analysis, estimate that about 30,000 uninsured people are diagnosed with cancer each year.

But in all states, lower-income uninsured patients with breast or cervical cancer may have another route for coverage, even if they don’t otherwise qualify for Medicaid. Adults with cancer detected through the National Breast and Cervical Cancer Early Detection Program can enroll in Medicaid for the duration of their cancer treatment, as a result of advocacy efforts and federal legislation that started more than three decades ago.

In 2019, 43,549 breast and cervical cancer patients were enrolled, according to a Government Accountability Office report published in 2020.

“If you’re lucky to be diagnosed with breast or cervical cancer, you’re good,” said Dr. Fumiko Chino, a radiation oncologist at Memorial Sloan Kettering Cancer Center in New York City, who studies cancer treatment access and affordability. “But otherwise, you may have some significant obstacles.”

The total amount billed to the insurer during the year following a cancer diagnosis can be steep. For instance, costs in 2016 averaged $168,730 for lung cancer and $137,663 for colorectal cancer, according to a 2022 study that calculated insurance claims for several common malignancies diagnosed in privately insured patients.

Since uninsured adults can struggle to afford preventive care, their cancer may not be identified until it’s more advanced, making it costlier for the patient and the health system, said Robin Yabroff, an author of the study in JAMA Oncology and a scientific vice president at the American Cancer Society.

Patients who can’t get financial assistance through a safety-net facility sometimes rack up medical debt, use credit cards, or launch fundraising efforts though online sites, Yabroff said. “We hear stories of people who mortgage their homes to pay for cancer treatment.”

Cancer patients can purchase insurance through the ACA health insurance marketplace. But they often must wait until the regular enrollment period near the end of the year, and those health plans don’t become effective until the start of the next calendar year.

That’s because the federal law was designed to encourage people to sign up when they are healthy, which helps control costs, said MaryBeth Musumeci, an associate teaching professor of health policy and management at George Washington University in Washington, D.C. If a new diagnosis were a qualifying event for new coverage, she said, “then it would incentivize people to stay uninsured while they were healthy and they didn’t think they really were going to need coverage.”

Meanwhile, the on-ramp to Medicaid coverage for lower-income patients with breast and cervical cancer is a story of successful advocacy, dating to a 1990 law that created the national breast and cervical screening program. Mammography started to be widely recommended in the 1980s, and advocacy groups pushed to reach more underserved individuals, said Katie McMahon, a policy principal at the American Cancer Society Cancer Action Network, the organization’s advocacy arm.

But research showed that some uninsured adults struggled to get care for those cancers detected through the screening program, McMahon said. A 2000 law allowed states to extend Medicaid to them, and by 2008 all 50 states and the District of Columbia had done so, according to the 2020 GAO report.

For other cancer patients, one of the remaining avenues to coverage, according to Chino, is to qualify for disability through the Social Security Administration, after which they can apply for Medicaid. The federal agency has a lengthy list of criteria for cancer patients. It also has a Compassionate Allowances program, which offers faster reviews for patients with certain serious medical conditions, including advanced or aggressive cancers.

Although the rules vary, many patients don’t qualify until their disease has spread or the cancer requires at least a year of intense treatment, Chino said. That presents an inherent catch-22 for people who are uninsured but have curable types of cancer, she said.

“To qualify for Medicaid, I have to wait for my cancer to be incurable,” she said, “which is very depressing.”

For example, the Compassionate Allowances program doesn’t list basal cell carcinoma, and it covers head and neck cancer only if it has spread elsewhere in the body or can’t be removed surgically.

Adcox said that before her 12-hour operation last June, her financial assistance application with the Medical University of South Carolina was still pending. Someone from the hospital, she recalled, estimated the bill would be $176,000 and asked how much Adcox could put down. She cobbled together $700 with the help of loved ones.

But she did qualify for financial assistance and hasn’t received any bills, except from an outside lab services provider. “It’s over,” Adcox said. She’s since undergone radiation and will have more reconstructive surgeries. But she’s cancer-free. “It didn’t kill me. It didn’t kill me.”

Still, not everyone finds a safety net.

Brian Becker, of El Paso, Texas, was uninsured and not working when he learned he had chronic myelogenous leukemia in summer 2021, said Stephanie Gamboa, his ex-wife and the mother of their young daughter. His cancer physician required an upfront payment, she said, and it took several months to borrow enough money.

He started chemotherapy the following year, and over months lost weight and became weaker, returning to the emergency room with infections and worsening kidney function, Gamboa said. The last time their daughter saw her father, “he couldn’t get out of bed. He was literally skin and bones,” Gamboa said.

Becker started the process to request disability benefits. The text he sent Gamboa, which she shared with KHN, stated that review of his application began in June 2022 and was expected to take six months.

The denial letter, dated Feb. 4, 2023, arrived more than a month after Becker’s death in December at age 32. It read in part: “Based on a review of your medical conditions, you do not qualify for benefits on this claim.”


KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

Subscribe to KHN’s free Morning Briefing.

Doctors are disappearing from emergency rooms as hospitals look to cut costs

Pregnant and scared, Natasha Valle went to a Tennova Healthcare hospital in Clarksville, Tennessee, in January 2021 because she was bleeding. She didn’t know much about miscarriage, but this seemed like one.

In the emergency room, she was examined then sent home, she said. She went back when her cramping became excruciating. Then home again. It ultimately took three trips to the ER on three consecutive days, generating three separate bills, before she saw a doctor who looked at her bloodwork and confirmed her fears.

“At the time I wasn’t thinking, ‘Oh, I need to see a doctor,'” Valle recalled. “But when you think about it, it’s like, ‘Well — dang — why didn’t I see a doctor?'” It’s unclear whether the repeat visits were due to delays in seeing a physician, but the experience worried her. And she’s still paying the bills.

The hospital declined to discuss Valle’s care, citing patient privacy. But 17 months before her three-day ordeal, Tennova had outsourced its emergency rooms to American Physician Partners, a medical staffing company owned by private equity investors. APP employs fewer doctors in its ERs as one of its cost-saving initiatives to increase earnings, according to a confidential company document obtained by KHN and NPR.

This staffing strategy has permeated hospitals, and particularly emergency rooms, that seek to reduce their top expense: physician labor. While diagnosing and treating patients was once their domain, doctors are increasingly being replaced by nurse practitioners and physician assistants, collectively known as “midlevel practitioners,” who can perform many of the same duties and generate much of the same revenue for less than half of the pay.

“APP has numerous cost saving initiatives underway as part of the Company’s continual focus on cost optimization,” the document says, including a “shift of staffing” between doctors and midlevel practitioners.

In a statement to KHN, American Physician Partners said this strategy is a way to ensure all ERs remain fully staffed, calling it a “blended model” that allows doctors, nurse practitioners and physician assistants “to provide care to their fullest potential.”

 

Critics of this strategy say the quest to save money results in treatment meted out by someone with far less training than a physician, leaving patients vulnerable to misdiagnoses, higher medical bills, and inadequate care. And these fears are bolstered by evidence that suggests dropping doctors from ERs may not be good for patients.

working paper, published in October by the National Bureau of Economic Research, analyzed roughly 1.1 million visits to 44 ERs throughout the Veterans Health Administration, where nurse practitioners can treat patients without oversight from doctors.

Researchers found that treatment by a nurse practitioner resulted on average in a 7% increase in cost of care and an 11% increase in length of stay, extending patients’ time in the ER by minutes for minor visits and hours for longer ones. These gaps widened among patients with more severe diagnoses, the study said, but could be somewhat mitigated by nurse practitioners with more experience.

The study also found that ER patients treated by a nurse practitioner were 20% more likely to be readmitted to the hospital for a preventable reason within 30 days, although the overall risk of readmission remained very small.

Yiqun Chen, who is an assistant professor of economics at the University of Illinois-Chicago and co-authored the study, said these findings are not an indictment of nurse practitioners in the ER. Instead, she said, she hopes the study will guide how to best deploy nurse practitioners: in treatment of simpler patients or circumstances when no doctor is available.

“It’s not just a simple question of if we can substitute physicians with nurse practitioners or not,” Chen said. “It depends on how we use them. If we just use them as independent providers, especially … for relatively complicated patients, it doesn’t seem to be a very good use.”

Chen’s research echoes smaller studies, like one from The Harvey L. Neiman Health Policy Institute that found nonphysician practitioners in ERs were associated with a 5.3% increase in imaging, which could unnecessarily increase bills for patients. Separately, a study at the Hattiesburg Clinic in Mississippi found that midlevel practitioners in primary care — not in the emergency department — increased the out-of-pocket costs to patients while also leading to worse performance on nine of 10 quality-of-care metrics, including cancer screenings and vaccination rates.

But definitive evidence remains elusive that replacing ER doctors with nonphysicians has a negative impact on patients, said Dr. Cameron Gettel, an assistant professor of emergency medicine at Yale. Private equity investment and the use of midlevel practitioners rose in lockstep in the ER, Gettel said, and in the absence of game-changing research, the pattern will likely continue.

“Worse patient outcomes haven’t really been shown across the board,” he said. “And I think until that is shown, then they will continue to play an increasing role.”

For Private Equity, Dropping ER Docs Is a ‘Simple Equation’

Private equity companies pool money from wealthy investors to buy their way into various industries, often slashing spending and seeking to flip businesses in three to seven years. While this business model is a proven moneymaker on Wall Street, it raises concerns in health care, where critics worry the pressure to turn big profits will influence life-or-death decisions that were once left solely to medical professionals.

Nearly $1 trillion in private equity funds have gone into almost 8,000 health care transactions over the past decade, according to industry tracker PitchBook, including buying into medical staffing companies that many hospitals hire to manage their emergency departments.

Two firms dominate the ER staffing industry: TeamHealth, bought by private equity firm Blackstone in 2016, and Envision Healthcare, bought by KKR in 2018. Trying to undercut these staffing giants is American Physician Partners, a rapidly expanding company that runs ERs in at least 17 states and is 50% owned by private equity firm BBH Capital Partners.

These staffing companies have been among the most aggressive in replacing doctors to cut costs, said Dr. Robert McNamara, a founder of the American Academy of Emergency Medicine and chair of emergency medicine at Temple University.

“It’s a relatively simple equation,” McNamara said. “Their No. 1 expense is the board-certified emergency physician. So they are going to want to keep that expense as low as possible.”

Not everyone sees the trend of private equity in ER staffing in a negative light. Jennifer Orozco, president of the American Academy of Physician Associates, which represents physician assistants, said even if the change — to use more nonphysician providers — is driven by the staffing firms’ desire to make more money, patients are still well served by a team approach that includes nurse practitioners and physician assistants.

“Though I see that shift, it’s not about profits at the end of the day,” Orozco said. “It’s about the patient.”

The “shift” is nearly invisible to patients because hospitals rarely promote branding from their ER staffing firms and there is little public documentation of private equity investments.

Dr. Arthur Smolensky, a Tennessee emergency medicine specialist attempting to measure private equity’s intrusion into ERs, said his review of hospital job postings and employment contracts in 14 major metropolitan areas found that 43% of ER patients were seen in ERs staffed by companies with nonphysician owners, nearly all of whom are private equity investors.

Smolensky hopes to publish his full study, expanding to 55 metro areas, later this year. But this research will merely quantify what many doctors already know: The ER has changed. Demoralized by an increased focus on profit, and wary of a looming surplus of emergency medicine residents because there are fewer jobs to fill, many experienced doctors are leaving the ER on their own, he said.

“Most of us didn’t go into medicine to supervise an army of people that are not as well trained as we are,” Smolensky said. “We want to take care of patients.”

‘I Guess We’re the First Guinea Pigs for Our ER’

Joshua Allen, a nurse practitioner at a small Kentucky hospital, snaked a rubber hose through a rack of pork ribs to practice inserting a chest tube to fix a collapsed lung.

It was 2020, and American Physician Partners was restructuring the ER where Allen worked, reducing shifts from two doctors to one. Once Allen had placed 10 tubes under a doctor’s supervision, he would be allowed to do it on his own.

“I guess we’re the first guinea pigs for our ER,” he said. “If we do have a major trauma and multiple victims come in, there’s only one doctor there. … We need to be prepared.”

Allen is one of many midlevel practitioners finding work in emergency departments. Nurse practitioners and physician assistants are among the fastest-growing occupations in the nation, according to the U.S. Bureau of Labor Statistics.

Generally, they have master’s degrees and receive several years of specialized schooling but have significantly less training than doctors. Many are permitted to diagnose patients and prescribe medication with little or no supervision from a doctor, although limitations vary by state.

The Neiman Institute found that the share of ER visits in which a midlevel practitioner was the main clinician increased by more than 172% between 2005 and 2020. Another study, in the Journal of Emergency Medicine, reported that if trends continue there may be equal numbers of midlevel practitioners and doctors in ERs by 2030.

There is little mystery as to why. Federal data shows emergency medicine doctors are paid about $310,000 a year on average, while nurse practitioners and physician assistants earn less than $120,000. Generally, hospitals can bill for care by a midlevel practitioner at 85% the rate of a doctor while paying them less than half as much.

Private equity can make millions in the gap.

For example, Envision once encouraged ERs to employ “the least expensive resource” and treat up to 35% of patients with midlevel practitioners, according to a 2017 PowerPoint presentation. The presentation drew scorn on social media and disappeared from Envision’s website.

Envision declined a request for a phone interview. In a written statement to KHN, spokesperson Aliese Polk said the company does not direct its physician leaders on how to care for patients and called the presentation a “concept guide” that does not represent current views.

American Physician Partners touted roughly the same staffing strategy in 2021 in response to the No Surprises Act, which threatened the company’s profits by outlawing surprise medical bills. In its confidential pitch to lenders, the company estimated it could cut almost $6 million by shifting more staffing from physicians to midlevel practitioners.


KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

Subscribe to KHN’s free Morning Briefing.

“This is America”: 4 killed, 8 wounded in Louisville Shooting — including governor’s friend

Update: Beshear later said that one of the friends he thought was dead is alive.

Original story:

Amid national demands for stricter gun laws, at least four people were killed and eight more were injured and transported to the hospital Monday morning in a mass shooting at Old National Bank in Louisville, Kentucky.

Louisville Metro Police Department (LMPD) Deputy Chief Paul Humphrey told reporters that two officers were shot and the shooter also died at the scene. Investigators are trying to determine whether the shooter, who appears to be a previous bank employee, died from police fire.

Louisville Mayor Craig Greenberg and Gov. Andy Beshear, both Democrats, also joined the press conference. Choking back tears, the governor said he uses this bank personally and had friends who were killed and injured.

The latest mass shooting in Kentucky comes as the nation also watches neighboring Tennessee, where Republicans in the state Legislature last week expelled a pair of young, Black Democratic lawmakers for supporting protests for gun control on the House floor after the deadly Covenant School shooting in Nashville.

The carnage in Louisville sparked yet another wave of demands for stricter gun laws.

“This is America,” tweeted March for Our Lives, which was formed by students after the 2018 massacre at Marjory Stoneman Douglas High School in Parkland, Florida.

“We’re horrified and sickened. Power and peace to those that lost their lives. We’ll fight like hell in their memory. This makes 146 mass shootings this year,” the group continued, citing figures from the Gun Violence Archive.

Everytown for Gun Safety declared: “More lives stolen by senseless, preventable gun violence. We shouldn’t have to accept this. No other country does.”

“Our hearts are with the victims, survivors, their loved ones, and the entire Louisville community,” the group added. “Tonight there will be more empty seats at dinner tables and more families grieving loved ones who should still be here.”

A federal law enforcement source confirmed to CNN that an AR-15-style rifle was used in the Louisville shooting.

“This horrific shooting is exactly why AR-15-style weapons and assault weapons have no place in our communities,” said Kris Brown, president of Brady, the oldest national gun violence prevention group. “These weapons of war were designed for the battlefield and to kill as many people as quickly as possible, which is why they are the weapon of choice for mass shooters. Preventable tragedies like this are why other developed countries, including the United Kingdom and Australia, have banned these weapons for civilian use.”

“Whether it’s a bank, a school, a supermarket, or a church, Americans no longer feel safe in their communities. And Americans are increasingly tired of living in fear of being a victim of a mass shooting,” Brown stressed. “It does not have to be this way. But until the gun industry no longer has a vice grip on our elected officials, this will continue to be our daily reality.”

Fox News settles with man accused of rigging election — experts say it may be beginning of the end

Fox News reached a settlement on Sunday with a Venezuelan businessman Majed Khalil, who accused the network of making false claims about him rigging the 2020 U.S. presidential election, according to Insider

Khalil filed a $250 million defamation suit against the news outlet and former host Lou Dobbs, for spreading falsehoods that he played a key role in “orchestrating a non-existent scheme to rig or fix the election” against former President Donald Trump.

After the 2020 election, Dobbs went on Twitter and accused the businessman of being a “liaison with Hezbollah” who had executed an “electoral 9-11.” He even referred to the 2020 election as a “cyber Pearl Harbor.” 

A letter sent to District Judge Louis Stanton in Manhattan said both parties had reached a “confidential agreement to resolve this matter” and expected to file a joint stipulation of dismissal next week.

“If Fox is required to pay large settlements and judgments for defamation, then it will have to consider modifying its conduct in the future,” former U.S. Attorney Barb McQuade, a law professor at the University of Michigan and MSNBC contributor, told Salon. “Of course, it may be that defaming political targets is good for ratings and for profits. If so, then Fox may consider large legal payments to just be the cost of doing business.”

Fox is facing multiple legal battles related to its coverage of Trump’s election loss, affecting the network monetarily and possibly even the “content which it promotes and broadcasts,” pointed out John Kaley, former assistant U.S. attorney in the Southern District of New York.

“As we saw in some of the Dominion emails disclosed when Fox played it ‘straighter’ there was a concern about loss of viewership,” Kaley said.

Dobbs’ show was canceled by Fox in February 2021 after voting software company Smartmatic filed a $2.7 billion defamation lawsuit against the network over false claims that Smartmatic technology was used to commit voter fraud and named Dobbs in the suit.

His show had “become so packed with falsehoods about Mr. Trump’s defeat that Fox Business was forced to run a fact-checking segment debunking some of its own anchor’s assertions,” The New York Times reported.

Fox is also facing a $1.6 billion defamation lawsuit by Dominion Voting Systems, which alleges the network’s hosts and executives damaged its reputation by airing false claims after the 2020 presidential election suggesting the election software company supposedly changed or deleted votes to help President Joe Biden get elected.

All of these other defamation allegations against the network “will impact the Dominion case because of the negative perception they create in the public’s consciousness,” Kaley added.


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Fox’s on-air personalities and top executives continued to air election-related conspiracy theories promoted by the former president despite criticizing them internally, according to evidence offered in the pre-trial discovery.

While Fox News has defended itself, arguing that they were reporting on the allegations, which is protected by the First Amendment, Dominion has alleged in its suit that the right-wing channel “recklessly disregarded the truth” and has failed to produce evidence backing its claims. 

The lawsuit is seen as one of the most consequential defamation cases in recent years, according to First Amendment experts. The trial is set to begin on April 17, with some of Fox’s top hosts like Tucker Carlson, Sean Hannity and Maria Bartiromo poised to make an appearance. 

“The evidence in the Dominion case seems strong based on public disclosures reported in the media,” Kaley said. 

He added that the evidence so far indicates that the culture of the workplace “was less concerned with the truth than ratings, and maintaining the Fox brand among a segment of the population.”

Where do the best-tasting pistachios come from?

When it comes to nuts that are on trend, look no further than pistachios. Turn one way and you’ll see them on a salad; turn another and you’ll see them in a dessert. Even though they’ve been around for, well, a while (since 6750 B.C. in fact), pistachios have reemerged as the “it” nut of the moment. A recent headline from Eater staff writer Amy McCarthy, “The Pistachio Moment is Already My Favorite Food Trend of 2023,” makes it official: We’re in our pistachio era.

So, how do you shop for them?

Well, it depends on what you want to do with them. If you’re anything like my husband Craig, you’ll want to pick them apart with your fingers, in which case Wonderful Pistachios ($9.99 for a 16-ounce bag at Vons grocery store in Los Angeles) are the pistachios for you. Not only do they come in a variety of flavors (salt and pepper, sweet chili), they have an excellent work-to-reward ratio. Prying them apart is a cinch and the pistachios inside the shell are meaty and substantial.

For lazy folks like me, the same brand also sells pre-shelled, roasted pistachios ($12.99 for 12 ounces at Vons) in an even wider variety of flavors including chili roasted and BBQ. For research purposes, I focused on the unsalted, plain version and found them to check all the boxes of what I’m looking for in a pistachio: They’re crunchy, grassy and a little bit creamy — plus, they’re generally easy to find at the grocery store or online.

By way of comparison, I also ordered some pre-shelled pistachios on the World Wide Interwebs. The no-shell raw pistachios from Oh! Nuts ($9.99 for an 8-ounce bag) are substantial contenders. These nuts are slightly plumper than the pre-shelled option from Wonderful and taste just as good, but if you do the math (can you do the math? I’m bad at math) it’s kind of a wash from a price perspective. And then there’s Zaiqa Raw Pistachios ($17.99 for 12 ounces), which tasted a bit dusty to me and didn’t have the same panache as the other pistachios.

Now for the prestigious pistachios: Pistacchi di Bronte DOP ($42 for 8.8 ounces on Gustiamo). In Italy, they’re called “green gold,” and according to the website these pistachios are grown in Northeastern Sicily near Mount Etna. More significantly, the farmers only harvest them every other year to give the trees a chance to rest (lucky trees). I couldn’t wait to try such extravagant, carefully cultivated pistachios. So how did they taste?

Okay. Fine. Nice.

Look, I wanted to fall on the floor in fits of ecstasy, but when I popped a handful in my mouth, I closed my eyes and tasted the same sensations that I tasted with the others. Actually, the others offered meatier sensations; these were a bit smaller. It’s entirely possible that I’m not sophisticated enough to taste the difference between Sicilian sun-kissed pistachios and pistachios that you can find at an American gas station, but allow me to posit a theory: Pistachio the flavor and pistachio the nut are not necessarily one and the same.

I first came upon this conclusion when I made the Pistachio Bundt Cake from Christina Tosi’s cookbook All About Cake. In addition to fresh pistachios, as you’d expect from an award-winning pastry chef, her recipe has a secret ingredient: Instant Pistachio Pudding Mix. Now, okay, Christina Tosi is well-known for using everyday ingredients in her cooking; it’s kind of her shtick (see the potato chips and pretzels in her compost cookies). So perhaps the pistachio pudding mix in her dessert doesn’t mean much.

But then Priya Krishna wrote an article for The New York Times, “The Power of Instant Pudding Mix,” in which Joshua Pinsky — the pastry chef at Claud, a restaurant and wine bar in New York City — reveals that he, too, uses pistachio pudding mix in his own version of a pistachio bundt cake. First he tried making it with just pistachios, but he says, “It didn’t have the same, I hate to say it, artificialness to it.”

And that’s precisely it.

Pistachio the nut is special because of its pale green color, its compactness and its grassiness. Pistachio the flavor is what we recognize from the neon green tubs that colored our childhood trips to Baskin-Robbins. That bright-green artificial pistachio flavor pops up in everything from syrups that we put in our lattes (well, some people put in their lattes) to the candies our grandmother gave us to keep quiet.

Maybe the pistachio flavor that I was looking for all along wasn’t something that you need to spend a fortune on having shipped all the way from Italy. Maybe it’s been here this whole time, in the pudding aisle at the grocery store, a florescent-green powder in a little white packet.

As for what I’m going to do with all of these pistachios, I have a few ideas up my sleeve. Idea #1: Turn some of the pistachios into pistachio flour and make a cake with it. Idea #2: Make my own pistachio butter. I just paid a small fortune for almond butter and after reading a few recipes online, it seems that pistachio butter is as simple as throwing pistachios into a blender with some honey and some salt. That stuff is going to be good spread on toast with a little more honey drizzled on top.

But that’s for the American pistachios. The Italian pistachios are going to remain in the kitchen where I’ll snack on them and meditate as I chew, trying to achieve a higher plane of pistachio consciousness. Green gold, I’ll think to myself as I chew. Green gold. And then I’ll dip some in that instant pistachio pudding mix and remember what I love about pistachio in the first place.

Why an expert baker says the “toothpick trick” is actually ruining your cakes

Many home bakers have been told— by Food Network, by cookbooks, by their grandmothers — that the best way to check the doneness of a cake is by piercing the center with a toothpick. If it comes out clean, the cake is done. However, baker Mandy Merriman says that “if the toothpick comes out clean, your cake is most likely overbaked.” 

I first came across this warning from Merriman when reading through her new cookbook, “I’ll Bring The Cake: Recipes for Every Season and Occasion,” which was released on Wednesday. In the introduction to the book, Merriman, who is also known for her hit blog “Baking with Blondie,” writes: 

A common method for testing cake doneness is to insert a toothpick in the center, and if the toothpick comes out clean (a.k.a. with no crumbs), then the cake should be done. But I’ve found that this method actually leads to overbaking and makes for drier cakes.

I’m admittedly not much of a baker, but the “toothpick trick” was one of those cooking tips — much like adding salt to a pot of water before boiling, or poking holes in a potato before baking — that I’d never really questioned. It just seemed like an agreed-upon best practice. So, naturally I reached out to Merriman to better understand her tip. 

“I love that there’s a lot of different methods that can help us learn how to make a moist cake,” Merriman told me via email. “For me, I’ve learned that when I lean more into how I’m preparing the cake batter — by not over-mixing once I’ve added in my dry ingredients — and the time and temperature I’m baking my cake layers (check your oven temperature to make sure it’s actually baking at the temperature it’s supposed to be), that my cakes come out moist and the texture is exactly what it should be.”  

Merriman continued, saying that opening and closing the oven lets the warm air out, which can affect the way your final product looks and tastes. Think about old-school cartoons in which a character is making a delicate souffle; inevitably someone bangs the oven door closed and the dish dramatically sinks, folding in upon itself. It’s a common enough comedic turn that it’s become a trope, and while the result won’t be quite as cartoonish, opening the oven to stick in a toothpick can risk a sinking cake if it’s not ready. 

“So I ditched that tip, and stick to focusing more on the mixing, temperature, and time in the oven instead,” Merriman wrote. “My cakes have been great ever since!” 

While not as cut-and-dry as the toothpick trick, what I like about Merriman’s advice is that it enables home bakers (like me!) to better understand the hows and whys of making sure a cake turns out. This can help cooks spot potential problems before their cake even gets into the oven. Let’s break the new steps down: 

Mixing 

The first time it dawned on me that cake batter could even be overmixed was when I was attempting to make a very amateur version of Chrstina Tosi’s Milk Bar birthday cake. To prepare, I (forgive the pun) devoured every interview I could find that featured her discussing the baking process. When I found this great 2012 article from Texas Monthly, I printed it out and it still lives in a vanilla extract-stained folder in my kitchen. 

In her conversation with journalist Layne Lynch, Tosi said that she believed most people over mix their batters and doughs without even realizing. 


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“Same thing with biscuits,” she said. “It’s all about adding the dry ingredients, mixing it just enough, and then letting it be. When you introduce any sort of flour into your baked goods, you’re introducing gluten, and gluten is great for bread, but you don’t want it in your cookies and you don’t want it in your cakes… I do a lot of it by hand just to make sure I’m not over mixing it.” 

Since reading that, I also tend to avoid mixing cake batter and cookie dough by hand — though I still gladly take the help from my KitchenAid mixer and dough hook when making bread. That’s one of the easiest ways to prevent overmixing. Pay attention to how your batter looks, too. Is it getting elastic or stringy? That’s a sign that gluten is developing and it’s time to ease up on the stirring if you don’t want a gummy or heavy cake. 

Tip: One of the things that I like most about Merriman’s new book, “I’ll Bring The Cake: Recipes for Every Season and Occasion,” is that she emphasizes augmenting boxed cake mixes. This is a great way to take some of the guesswork out of mixing when you’re learning how to make a new type of cake at home. 

Temperature 

As Merriman writes in her book, unfortunately “not all ovens bake at the temperature you set them at.” The easiest way to make sure yours is accurate? Pick up a simple oven thermometer to test the real temperature of your oven. Most supermarkets have them in the aisle with kitchen tools or in the baking aisle and the most basic models start at around $6. 

Set your oven to a variety of temperatures and compare what the oven indicator reads to what the temperature shown on the thermometer. When I’ve tested in new apartments, I tend to set it at 100, 200, 300, 400 and 500 degrees and check at each milestone. Each oven I’ve owned has been a little different. 

If your oven is off by just a few degrees — say ten degrees in either direction — you can note that and adapt your baking temperature. If it’s more than that, your oven may actually be in need of a tune-up. 

Time in oven 

Perhaps unsurprisingly, one of the biggest contributors to relative cake doneness is how long the pan of batter spends in the oven. If you pull it too early, you’re left with a gooey center. If you pull it too late, it’s crumbly and overdone. Most cake recipes offer a range for the recommended cooking time. Take a look at your cake through the oven window at the earliest point. Paraphrasing some recommendations from King Arthur Baking Company, use your senses to answer the following questions: 

  • Are the cake edges slightly pulling away from the pan? If yes, this is a sign the cake is fully baked. 
  • If you are baking a yellow or white cake, has the top turned golden brown? If yes, this is a sign the cake is fully baked (this is a little harder to tell with chocolate or red velvet, admittedly). 
  • Is the cake fragrant? Your cake should smell like cake! If the scent isn’t wafting from the oven quite yet, your cake may still need a few minutes. 

If the visual and scent cues indicate that the cake is ready, Merriman recommends a different test. “I take my cakes out once the center of the cake springs back when I touch it.” King Arthur Baking Company recommends this method as well. “If your fingers leave little indents, your cake isn’t done baking,” they write. “Return it to the oven for at least five minutes before checking it again.” 

Salon Food writes about stuff we think you’ll like. While our editorial team independently selected these products, Salon has affiliate partnerships, so making a purchase through our links may earn us a commission. 

Democrats target Lauren Boebert’s seat after close finish: “She’s actually doubled down on crazy”

Democrats are targeting Rep. Lauren Boebert’s, R-Colo., seat after she won her re-election by fewer than 600 votes.

Boebert, a far-right ally of former President Donald Trump, narrowly edged out Democratic challenger Adam Frisch by 546 votes in last year’s midterm elections, making it the closest congressional race of the cycle even though an incumbent Republican was running in a red-leaning district.

The Democratic Congressional Campaign Committee has already listed Boebert’s congressional district as one of 31 target seats for next year, according to Insider.

Frisch, who has announced another congressional bid in 2024, has already raised $1.7 million in the first quarter of the year.

“One of our most effective comments that we talked about in the district was she’s not focused on the job, she’s focused on herself,” Frisch told The Hill.

“I can’t believe she had almost the most embarrassing loss in 20 years and she hasn’t changed one iota,” he added. “She’s actually doubled down on crazy.”

Boebert, who holds uber-conservative views on gun rights and abortion, pushed false claims about Trump’s 2020 election loss and aligned herself firmly with the MAGA wing of the House GOP. But Boebert’s ties to Trump could hurt her in 2024 in Colorado, which swung to President Joe Biden by 13 points in 2020. A recent poll found that less than 40% of Colorado voters have a favorable opinion of Trump.


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Former Colorado Republican Party Chairman Dick Wadhams told The Hill that Boebert has long been known for her Trumpian style.

“She took that very combative style to her everyday work in the US House of Representatives,” he said. “I think it started the people in the third congressional district thinking that she wasn’t paying enough attention to the district as she was paying more attention to national politics.”

Boebert in a statement touted her legislative record.

“I’m working every day to be a strong legislator and to deliver results,” she told The Hill. “I think I’ve been surprising my detractors by introducing and passing a growing list of bipartisan legislation and amendments.”

We are “just beginning’: Tennessee GOP boasts in fundraiser after expelling Democrats

The Tennessee Republican Party waited less than 24 hours to start fundraising off the expulsion of two progressive lawmakers from the state House—openly bragging Friday about what critics have called a blatantly anti-democratic move that shows the party’s growing authoritarianism.

State Reps. Justin Jones (D-52) and Justin Pearson (D-86) are two of three Democrats who joined protesters in interrupting a floor session on March 30 to demand gun control in the wake of last week’s deadly school shooting in Nashville. Tennessee House Republicans on Thursday voted to expel both Black men from the chamber while a vote to expel their colleague Rep. Gloria Johnson (D-13), who is white, fell short.

In a Friday fundraising email, the Tennessee GOP said: “Their adolescence and immature behavior brought dishonor to the Tennessee General Assembly as they admitted to knowingly breaking the rules. Actions have consequences, and we applaud House Republicans for having the conviction to protect the rules, the laws, and the prestige of the State of Tennessee.”

“Our fight is just beginning,” the email concludes.

Progressives members of Congress had already denounced Tennessee Republicans for engaging in what U.S. Rep. Summer Lee, D-Pa., called “straight-up fascism in its ugliest, most racist form” before the fundraising email emerged.

Now, the Tennessee GOP is portraying the state’s first partisan expulsion since the Civil War era as upholding “the rule of law” and is trying to capitalize on it.

Slate‘s Alexander Sammon warned that Thursday’s vote “is a chilling portent of the future of Republican governance and the state of democracy nationwide.”

“While Republicans have focused on gerrymandering and voter suppression as the primary prongs of their assault on democracy (as well as the occasional insurrection attempt),” he noted, “the willingness to expel democratically elected Democrats for minor-verging-on-made-up infractions portends a terrifying new development.”

In a Friday statementPublic Citizen president Robert Weissman condemned Tennessee House Republicans for “summarily ending” the current terms of Jones and Pearson and “depriving their constituents of duly elected representation.”

“This was a racist and disproportionate act of retaliation against legislators who had joined demonstrators chanting in the chamber, in protest of Republican refusal to adopt commonsense gun control measures in the wake of the March 27 school shooting in Nashville,” said Weissman, who called Tennessee Republicans’ move “flagrantly anti-democratic.”

“In modern American history, expulsion of state legislators is very rare—not just in Tennessee but throughout the United States, and rightfully so. Legislators should expel elected officials only in extreme circumstances, not over policy differences or impingements on decorum,” he continued. “Legislative supermajorities already have enormous power; when they wield that power to strip away even the offices of the minority, they are treading on very dangerous ground.”

As Weissman pointed out, “Some Tennessee legislators—and a lot of MAGA commentary online—are un-ironically calling the state representatives’ chanting an ‘insurrection.'”

“Of course, the United States did witness a real insurrection on January 6, 2021,” said Weissman. “Not one member of Congress was expelled for promoting [former President] Donald Trump’s patently false claims that the 2020 election was ‘stolen’ from him or for supporting the attempted coup carried out at Trump’s behest. Only 10 Republicans in the U.S. House of Representatives would vote to impeach Trump in the immediate aftermath of the insurrection, and only two of them were able to get re-elected.”

“American democracy is in a profound crisis, riven by lies, right-wing extremism, conspiratorial thinking, and subservience to corporate and special interests, and racism,” Weissman stressed. “What just happened in Tennessee is yet another reminder of the perilous state of our country.”

Nevertheless, he continued, “a hopeful future is also a visible feature of our nation, demonstrated in the courage and principle of the targeted representatives… and the energy and commitment of the protesters—overwhelmingly young people—demanding justice and commonsense gun regulation.”

“This is a powerful reminder that democracy does not die easily,” Weissman added. “Indeed, the energy in Tennessee will help inspire and power the nationwide movement not just to defend but to expand and deepen our democracy, and we are committed to rising to the occasion, and being part of this movement to make our country a more just and equitable place for all.”

AOC warns of “national abortion ban” if Supreme Court upholds Mifepristone ruling

Progressive congresswoman Alexandria Ocasio-Cortez warned Sunday that if the U.S. Supreme Court upholds a right-wing federal judge’s ruling banning access to abortion pills, “it would essentially institute a national abortion ban.”

In an appearance on CNN‘s “State of the Union,” Ocasio-Cortez, D-N.Y., doubled down on her earlier call for the Biden administration to ignore a ruling by U.S. District Judge Matthew Kacsmaryk—an appointee of former President Donald Trump—declaring the FDA’s approval of mifepristone to be illegal.

The agency approved the medication, one of two drugs used for medically induced abortions, in 2000. Millions of people have safely used mifepristone since then, and in January the FDA announced it could be sold in retail pharmacies.

“The reality of our courts right now is very disturbing. This ruling is an extreme abuse of power. It is an extraordinary example of judicial overreach,” Ocasio-Cortez told host Dana Bash. “I do not believe that the courts have the authority over the FDA that they just asserted and I do believe that it creates a crisis.”

“Once you start banning medication abortion, which represents the overwhelming number of abortions in the United States, then we are in extremely dangerous territory,” Ocasio-Cortez argued.

Ocasio-Cortez added that if the Supreme Court affirms Kacsmaryk’s ruling, “it would essentially institute a national abortion ban, because you have an extraordinary amount of states who have implemented surgical bans or bans after very early time periods.”

U.S. Health and Human Services Secretary Xavier Becerra also appeared on “State of the Union” Sunday, telling Bash that “we want the courts to overturn this reckless decision.”

“Everything is on the table. The president said that way back when the Dobbs decision came out. Every option is on the table,” he added, referring to Dobbs v. Jackson Women’s Health Organization, the 2022 Supreme Court decision invalidating half a century of federal abortion rights.

On the same day as Kacsmaryk’s decision, U.S. District Judge Thomas Rice in Washington state issued a contradictory ruling that blocks the FDA from removing mifepristone from the market.

Ocasio-Cortez isn’t the only congressional Democrat calling on the Biden administration to ignore the Texas ruling.

“I think there’s no basis for this ruling in law, and I think that the Biden administration can and must ignore the judge and keep mifepristone on the market and this medication available for every woman in America,” Sen. Ron Wyden, D-Ore., told KATU Friday.

U.S. Attorney General Merrick Garland said Friday that the Justice Department “strongly disagrees” with Kacsmaryk’s ruling and will appeal the decision.

On Saturday, more than 40 House Democrats urged President Joe Biden to “use all the tools at your disposal to protect access to abortion and reproductive healthcare.”

5 misused food and farming terms — and what they really mean

Many words we use come with hidden baggage. For instance we tend to assume that local, natural and grass-fed foods are good for our health, the environment and animal welfare, while intensive farming is bad for these things. However, the evidence often doesn’t bear this out.

Here are five terms about food which we need to use more precisely.

1. Local

Every environmentally-damaging activity is local to somewhere. However, many assume lower “food miles” always means “better for the environment”.

When it comes to greenhouse gas emissions, what you eat matters much more than where it’s come from. Although transport is a key sector for climate change, transporting food from farms to us (“food miles”) makes up on average only 6% of products’ total carbon footprint.

Very little food is air freighted, which has high emissions and should be avoided. Most travels by boat, rail and lorry, with much lower emissions per km. Of course, all other things being equal, fewer food miles means fewer emissions and there are other reasons people might wish to purchase local produce.

Shifting how people travel matters much more than food miles. If you want to reduce emissions from transport, helping yourself and others cut out flying or taking the bus instead of driving will make a much bigger difference than not buying ship-freighted bananas.

            bar chart
Transport emissions (in red) are relatively tiny compared to land use change (eg deforestation, soil erosion) or farm emissions (eg fertilizers, methane from cows).
              Our World In Data (Data: Poore & Nemecek, Science, 2018), CC BY-SA
           

2. Intensive

“Intensive” is rarely used in a positive context for farming. People tend to associate it with low animal welfare, pollution and faceless corporations.

But there are lots of different ways to farm intensively and it is worth asking what sort of inputs are being referred to. Do we mean lots of human workers? High energy and electricity use? High fuel use? High pesticide use? Are we considering input levels in terms of per hectare, per ton of produce, per 1,000 calories?

Many fruits, vegetables and other produce, from strawberries to mushrooms to vanilla, rely on manual labor for harvesting. However these types of produce are farmed, they are highly labor-intensive compared to arable crops which can be gathered by fewer people operating combine harvesters and tractors/trailers.

Organic crops are often used as an opposite example to “intensive” farms. They use fewer pesticides and so are less intensive in that respect. However, organic farming tends to have more intensive fuel and machinery use to mechanically break up weeds without herbicides or extra human labour to control weeds manually.

Intensive farming is often used as shorthand for high-yield farming — that is, farming that produces more food per hectare. Land efficiency in food production is generally viewed positively. High yielding farm systems, with low pollution, soil loss and so on per ton of produce, are arguably the main way we can feed the world with the least environmental damage.

The alternative to intensive high-yield farming is extensive low-yield farming, which ironically requires much more land. Land which could instead be used for reforestation, wetlands, solar or wind farms, housing or parks.  

 

3. Industrial

Similar to “intensive”, this is almost universally used negatively with respect to animal welfare, sustainability and farming. The suggestion is that agriculture prior to the industrial revolution was always sustainable. But this is not the case.

Ancient and modern farming systems can both significantly damage the land and wild ecosystems. Farmers in the Roman empire seriously damaged their soils.

Norse settlers in Iceland deforested the landscape for their crops and livestock, which led to widespread loss of the island’s erosion-prone volcanic soils. These historic farming practices still affect the country’s ecology today.

 

4. Grass-fed

Grass-fed is generally viewed positively. However, grass-fed beef and lamb has a huge carbon and land footprint compared to pork, chicken and protein rich plants such as peas, beans and lentils.

In many countries most grass-fed livestock are also fed crops. This means the meat they produce can use more cropland — cropland alone, before even considering pasture land — per kilo than peas or beans.

 

5. Natural

Similar to local, “natural” is a friendly-sounding term which many assume means that food is good for us and for the planet. Natural is good. Unnatural is bad and, well, unnatural.

However, many natural foods are poisonous and dangerous. As the biologist Ottoline Leyser has pointed out, “No one sends their children into the woods saying ‘Eat anything you find. It’s all natural, so it must be good for you.'”

Meat is often viewed as more natural than vegan meat alternatives brewed in vats with a number of different ingredients. But modern livestock farming has involved millennia of artificial selection and is far from what most people would consider natural.

Animals are unable to move and form family and social bonds as they would in the wild. You won’t see a domestic cow or chicken in nature as they’d be eaten by predators in no time. These animals only exist because humans bred them into existence from less tasty and less manageable wild ancestors.

Meat alternatives — unnatural though they may be — generally have much smaller carbon and land footprints compared to meat. Unnatural can be better for nature.

So, the next time someone talks about intensive farming or natural food, ask them exactly what they mean.

Emma Garnett, Researcher in the Health Behaviours Team, University of Oxford

This article is republished from The Conversation under a Creative Commons license. Read the original article.