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HTML
564 lines
66 KiB
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<meta content="width=device-width, initial-scale=1.0, user-scalable=yes" name="viewport"/>
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<title>08 November, 2022</title>
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<title>Daily-Dose</title><meta content="width=device-width, initial-scale=1.0" name="viewport"/><link href="styles/simple.css" rel="stylesheet"/><link href="../styles/simple.css" rel="stylesheet"/><style>*{overflow-x:hidden;}</style><link href="https://unpkg.com/aos@2.3.1/dist/aos.css" rel="stylesheet"/><script src="https://unpkg.com/aos@2.3.1/dist/aos.js"></script></head>
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<body>
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<h1 data-aos="fade-down" id="daily-dose">Daily-Dose</h1>
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<h1 data-aos="fade-right" data-aos-anchor-placement="top-bottom" id="contents">Contents</h1>
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<ul>
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<li><a href="#from-new-yorker">From New Yorker</a></li>
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<li><a href="#from-vox">From Vox</a></li>
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<li><a href="#from-the-hindu-sports">From The Hindu: Sports</a></li>
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<li><a href="#from-the-hindu-national-news">From The Hindu: National News</a></li>
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<li><a href="#from-bbc-europe">From BBC: Europe</a></li>
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<li><a href="#from-ars-technica">From Ars Technica</a></li>
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<li><a href="#from-jokes-subreddit">From Jokes Subreddit</a></li>
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</ul>
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<h1 data-aos="fade-right" id="from-new-yorker">From New Yorker</h1>
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<ul>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Affirmative Action and the Supreme Court’s Troubled Treatment of Asian Americans</strong> - Students for Fair Admissions is one of only a few Supreme Court cases about the rights of Asian Americans. But what will it achieve on their behalf? - <a href="https://www.newyorker.com/news/our-columnists/affirmative-action-and-the-supreme-courts-troubled-treatment-of-asian-americans">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Chuck Schumer’s Final Call</strong> - The Senate Majority Leader navigated one of the most sweeping legislative sessions in memory—why haven’t voters seemed to notice? - <a href="https://www.newyorker.com/news/the-political-scene/chuck-schumers-final-call">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Why Republican Insiders Think the G.O.P. Is Poised for a Blowout</strong> - The consensus among pollsters and consultants is this Tuesday’s election will be a “bloodbath” for the Democratic Party. - <a href="https://www.newyorker.com/news/the-political-scene/why-republican-insiders-think-the-gop-is-poised-for-a-blowout">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Will Election Deniers Again Try to Access Voting Systems?</strong> - There’s no evidence that votes have been tampered with, but a case in Georgia suggests a particular potential vulnerability. - <a href="https://www.newyorker.com/news/daily-comment/will-election-deniers-again-try-to-access-voting-systems">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Five Potential Takeaways of the 2022 Midterm Elections</strong> - At stake in Tuesday’s vote is not just the balance of power in Congress but the shape of American politics to come. - <a href="https://www.newyorker.com/news/the-political-scene/five-potential-takeaways-of-the-2022-midterm-elections">link</a></p></li>
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</ul>
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<h1 data-aos="fade-right" id="from-vox">From Vox</h1>
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<ul>
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<li><strong>How Kari Lake became a MAGA star, and possibly Arizona’s next governor</strong> -
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<figure>
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<img alt="Lake, in a gray wrap dress, her dark blonde hair cut short, smiles as she strides forward purposefully into the spotlight, a giant Arizona state flag hanging behind her." src="https://cdn.vox-cdn.com/thumbor/0OojvFmHsst_HOREi9PjvfU844c=/598x0:5378x3585/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/71599938/GettyImages_1244573001.0.jpg"/>
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<figcaption>
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Arizona gubernatorial candidate Kari Lake rallies supporters at one of her final campaign stops in Queen Creek, Arizona, on November 6, 2022. | Jon Cherry/Bloomberg/Getty Images
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</figcaption>
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</figure>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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A Lake expert tells Vox everything about her rise and what to expect after Election Day.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="nv4DBt">
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Kari Lake — a former news anchor and current GOP gubernatorial candidate in Arizona — <a href="https://projects.fivethirtyeight.com/polls/governor/2022/arizona/">spent the year rising in the polls</a> and is now virtually tied with her Democratic opponent, Arizona Secretary of State Katie Hobbs.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="EAbINQ">
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Lake, a political neophyte, quickly drew national attention for her combative style, anti-media rhetoric, and her devotion to former President Donald Trump’s false claim that he won the 2020 election. Those qualities have earned her numerous <a href="https://www.washingtonpost.com/politics/2022/10/16/kari-lake-arizona-election-governor/">profiles</a> in <a href="https://www.phoenixmag.com/2022/07/07/the-mysteries-of-kari-lake/">local</a> and <a href="https://time.com/6225004/kari-lake-arizona-maga-right-interview/">national publications</a>, and the <a href="https://www.politico.com/news/2022/10/23/lake-running-mate-rumors-00063042">attention of Republican leaders</a>.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="A85Rwt">
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<a href="https://www.politico.com/news/2022/08/04/trump-endorsed-kari-lake-wins-gop-nod-for-arizona-governor-00050016">Trump has praised and endorsed her</a>. Current Republican <a href="https://ktar.com/story/5185162/gov-doug-ducey-endorses-republican-gubernatorial-candidate-kari-lake/">Arizona Gov. Doug Ducey</a>, who campaigned against her in the primary, is now backing her. <a href="https://www.politico.com/news/magazine/2022/10/20/kari-lake-could-be-tormenting-democrats-for-years-00062741">National Review editor-in-chief Rich Lowry</a> called her “the next Republican star.”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="OSr73K">
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“It’s not crazy to think she’d be on a Trump VP list,” Tim Miller, an anti-Trump GOP strategist told <a href="https://www.theatlantic.com/politics/archive/2022/10/kari-lake-arizona-governor-trump-2022-election/671679/">the Atlantic</a>, in what’s become a common refrain.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="73ToTG">
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Lake could well win her race on Tuesday. To learn more about her, <a href="https://www.vox.com/today-explained"><em>Today Explained</em>’s Noel King</a> spoke with a Kari Lake expert: the Arizona Republic’s Stacey Barchenger, a state politics reporter who told King, “My life is covering the gubernatorial race.”
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</p>
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<div id="v8yeAA">
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</div>
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<h4 id="zt8lNU">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="4ViA3K">
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Tell me about Kari Lake.
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</p>
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<h4 id="BrAI2h">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Tq9Ter">
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Kari Lake is 53 years old. She is a mother of two, known here in Arizona for her career, for 22 years as a television news anchor here in Phoenix on Fox 10.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YRV7yI">
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Then, in March 2021, she published a video saying that she didn’t believe in the journalism that she was doing anymore, that it wasn’t accurately capturing Arizonans. And she publicly resigned her position.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Nemavx">
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Three months later announces she’s running for governor of Arizona. She gets former President Donald Trump’s endorsement. It is undeniable that the two of them have a sort of special charisma. He speaks about her in very laudatory language. Along the campaign trail she has sort of had this say-anything style that I think really a lot of people identify as something that Trump sort of championed.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="SBxdg5">
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One of the things that makes Kari Lake so unique is she has turned on her former profession and done it frankly very well in a way that really speaks to voters. It’s just one of the things that makes her such a fascinating candidate, frankly.
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</p>
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<h4 id="dKLMMr">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="4L6Z9I">
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Another thing that makes her fascinating is the fact that Kari Lake was a registered Democrat once upon a time. She has said in the past she voted for Barack Obama’s presidency because of his promise to end the wars in Iraq and Afghanistan. And then something obviously changed.
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</p>
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<h4 id="VNJYJp">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ssgYMo">
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There is a perception out there that she has become conservative just in the campaign. I actually don’t think that’s true. If you look at her final few years at Fox 10, she was making some comments that generated headlines themselves. There was a big push in Arizona for public school funding. And she made a claim that it was actually like this covert operation to legalize marijuana, which it was not.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="mXcYbw">
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Kari Lake is probably [now] most widely known for her stance on the 2020 election. She has said she believed that Trump won Arizona, although he didn’t.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Wno1cx">
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She continues to make claims that election procedures here in Arizona were not followed, that ballots were received late or raising concerns about chain of custody problems that have all been debunked. Beyond elections, she has made some claims that have really turned some people off.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Z6PT07">
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She was at an event where she sort of made light on the <a href="https://www.vox.com/policy-and-politics/2022/10/28/23428394/pelosi-attack-husband-paul-nancy">attack on Paul Pelosi</a>. That was well-received by the crowd that she was in front of, but certainly has generated some controversy since then about just making light of a terrible attack.
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</p>
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<h4 id="KFtNhq">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Krvi7r">
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This is how she gets a reputation of being the candidate who will say anything. And this has really made her distinctive, even in 2022 when it seems like anyone will say anything.
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</p>
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<h4 id="wRiTlt">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="MKmLHH">
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In August, she was at a rally here with Florida <a href="https://www.vox.com/podcasts/23428681/voter-fraud-arrests-florida-elections-desantis">Gov. Ron DeSantis</a>. And both of them are certainly considered rising stars in Republican politics with potential future aspirations. But there was this moment where Kari was talking about his sort of style and she referenced this phrase, [saying, “I’ll tell you what he’s got. I don’t know if you’ve heard of this but he’s got BDE. Anybody know what that means?”]
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="nQLgju">
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It really is certainly not something I’ve ever heard said by a politician. And I mean, she hasn’t said it since. So how it played, I think, that’s telling.
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</p>
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<h4 id="OKm07K">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="M5W973">
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Where is Kari Lake on the issues that people in Arizona really care about?
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</p>
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<h4 id="mqZjRG">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="kOTjb4">
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When it comes to the economy, she has a plan to work with the legislature to prevent municipalities from charging grocery and rent taxes.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="wec3R1">
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She is making border security the forefront of her campaign. Kari has said that she will secure the border. And in September, she was at an event talking about border cartels that traffic people and drugs and what she’s going to do. And just directly quoted Donald Trump’s controversial words. [“They are bringing drugs. They are bringing crime. And they are rapists. And that’s who’s coming across our border. That’s a fact.”]
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="lssKI4">
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[She was] really casting all migrants in this broad negative light. She wants to use an unproven and potentially problematic legal idea of declaring an invasion at the border, to use state law enforcement resources as deportation officers.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="UHndRK">
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The campaign is pitching this as the big idea that she is going to do to defend the state. Even if it means a lawsuit, it will at least test what else states can do as they portray the Biden administration just failing at the border.
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</p>
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<h4 id="yAMeKP">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="zvVfMI">
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What is she saying to voters about voting itself?
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</p>
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<h4 id="r4m9T5">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="aX6EQK">
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So she frequently calls Joe Biden an illegitimate president.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="iwPr9Y">
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In terms of actual policy, she has joined a court case to end early mail-in voting here in Arizona, which is how the vast majority of people cast their ballots. She’s also filed a lawsuit to get rid of electronic vote tabulation machines, which would just slow down the process, be very challenging in terms of requiring a hand count of ballots.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="z5MOAD">
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She has shifted a little bit how she talks about the 2020 election. Now she really frames it as citizens just trying to ask questions about election procedures, which is just a sharp contrast to her own claims just ahead of the primary that she had detected stealing going on. She has refused to provide any evidence of that and has largely let that go in the last three or four months.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xwObfR">
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On abortion, she has supported a very restrictive law that’s on Arizona’s books that bans abortions in almost every circumstance unless a woman’s life is in jeopardy and levies prison time against any doctors that provide abortions outside of those circumstances. More recently, she’s also expressed an openness to another law that is on the books here in Arizona that bans abortions after 15 weeks.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="sENoGo">
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The latest way that she’s talking about this is she will follow the law, whatever it is. And we’re waiting for courts to decide which is the prevailing law that Arizonans should follow.
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</p>
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<h4 id="9PMW4y">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="70WQPX">
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Have you interviewed Kari Lake?
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</p>
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<h4 id="5NhHsk">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="8mGLvx">
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Yes. Once.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="aUjiro">
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She agreed to sit down with me once before the primary for about 20 minutes to talk about her border security plan. One of the unexpected things about interviewing Kari Lake is any time you talk to her or you interview her, you are also on camera.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="8fMOl6">
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Her husband is her cameraman. They have this full operation — multiple cameras, the big boom mic above your head — that’s listening to everything.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="fLDeyC">
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And the campaign will publish those videos.
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</p>
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<h4 id="VQxz2k">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Ehtvgm">
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So you’ve gone from being a print reporter to a television reporter overnight.
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</p>
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<h4 id="1Hrtnh">
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Stacey Barchenger
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YUQPGa">
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Yeah, I really was not prepared for that. But here we are.
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</p>
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<h4 id="uYYhrP">
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Noel King
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</h4>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rbH0cI">
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In 2020, the state went very narrowly for Joe Biden. Without asking you to prognosticate too much, do the polls show this race breaking red or breaking blue?
|
|||
|
|
</p>
|
|||
|
|
<h4 id="Sq0LQ3">
|
|||
|
|
Stacey Barchenger
|
|||
|
|
</h4>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="fzTqkz">
|
|||
|
|
It’s pretty tied. The latest poll I saw was a <a href="https://www.nytimes.com/interactive/2022/10/31/upshot/senate-polls-az-ga-nv-pa-crosstabs.html">New York Times Siena College poll</a> that put it exactly even. Certainly, it appears that Kari Lake has some momentum over these last couple of weeks that she is gaining ground, which I think matches what we’ve seen for the Republican momentum generally this cycle. But it’s a pretty even race.
|
|||
|
|
</p>
|
|||
|
|
<h4 id="x9i5pM">
|
|||
|
|
Noel King
|
|||
|
|
</h4>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="UYb22j">
|
|||
|
|
Will Kari Lake concede if she loses? What has she said?
|
|||
|
|
</p>
|
|||
|
|
<h4 id="OgaHNM">
|
|||
|
|
Stacey Barchenger
|
|||
|
|
</h4>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="cmc5Yo">
|
|||
|
|
She went on CNN a couple of weeks ago and was asked multiple times if she would concede if she loses. She refused to say that she would do so.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ZO6YEM">
|
|||
|
|
More recently than that, in another interview, she said she would accept the results of the election, [but] neither of [her responses were] direct confirmations that, yes, she would concede if she loses. I think if you rewind and look back to the primary, about a week before that election, it was another very, very close race. And we heard Kari Lake claim stealing was going on without evidence. She has not provided any.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Tg7B46">
|
|||
|
|
Perhaps those claims from the primary are a signal of what’s to come.
|
|||
|
|
</p>
|
|||
|
|
<h4 id="qbSxBb">
|
|||
|
|
Noel King
|
|||
|
|
</h4>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="g4fXos">
|
|||
|
|
What I hear you saying is Arizona has a remarkably charismatic candidate who knows how to talk to voters, who knows how to use the press, who knows how to get the attention of Donald Trump. If she loses, it doesn’t sound like we’ve necessarily seen or heard the last of Kari Lake.
|
|||
|
|
</p>
|
|||
|
|
<h4 id="6FU3Jk">
|
|||
|
|
Stacey Barchenger
|
|||
|
|
</h4>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ix1LUj">
|
|||
|
|
You’re totally right. She’s been floated as a potential vice presidential pick for Donald Trump. He was asked about this and said, let her be governor first.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="e5f8XN">
|
|||
|
|
I think it’s certain that Kari Lake is going to be a prominent figure, whether it’s in politics or the media going forward, even after this election here in Arizona.
|
|||
|
|
</p></li>
|
|||
|
|
<li><strong>Twitter’s case study of how not to lay people off</strong> -
|
|||
|
|
<figure>
|
|||
|
|
<img alt="Photo of a man walking out of Twitter headquarters." src="https://cdn.vox-cdn.com/thumbor/CrEuCEThwpf7HygNYw6Y4mrAZaY=/195x0:3306x2333/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/71599838/1437369097.0.jpg"/>
|
|||
|
|
<figcaption>
|
|||
|
|
There’s a right and a wrong way to lay people off. Twitter was wrong. | Leonardo Munoz/VIEWpress
|
|||
|
|
</figcaption>
|
|||
|
|
</figure>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
|
|||
|
|
Elon Musk’s layoffs at Twitter were a disaster. Silicon Valley, take note.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Jy9HpP">
|
|||
|
|
Layoffs are coming to Silicon Valley, and tech companies better get better at them if they want to keep from making a bad situation worse.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="9GH1ZP">
|
|||
|
|
Last week, <a href="https://www.vox.com/recode/23440075/elon-musk-twitter-layoffs-checkmark-verification">Twitter</a> laid off half its workforce. Stripe laid off 14 percent. Now, Meta is <a href="https://www.wsj.com/articles/meta-is-preparing-to-notify-employees-of-large-scale-layoffs-this-week-11667767794">reportedly preparing to lay off thousands of workers</a> — the first major headcount reductions in the company’s nearly 20 years of existence. There soon could be first-time layoffs at other tech companies as they deal with <a href="https://www.vox.com/recode/2022/9/28/23375164/advertising-slow-growth-economy-digital-facebook-apple-snap-peter-kafka-column">slumping ad sales</a> and other economy-wide headwinds, like inflation and rising interest rates. How they conduct those layoffs, however, won’t just affect their financial performance now, but could have long-reaching effects on the success of these companies.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="OA1RqH">
|
|||
|
|
In any case, it’s better to be a Stripe, which received praise for conducting compassionate layoffs, than a Twitter, which decidedly did not.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Jbjrug">
|
|||
|
|
<a href="https://www.conference-board.org/topics/natural-disasters-pandemics/conducting-compassionate-layoffs">Compassionate layoffs</a>, experts say, are ones that are as small as possible and done only as a last resort. They’re communicated clearly and conducted with respect. They are mindful, too, of the feelings and workloads of those left behind.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="pleDJG">
|
|||
|
|
In other words, they are exactly the opposite of what Elon Musk did at Twitter last week.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="sGsP6O">
|
|||
|
|
Layoffs at Twitter began in the middle of the night, after a week of fear, uncertainty, and <a href="https://www.businessinsider.com/elon-musk-twitter-staff-layoffs-long-hours-shifts-work-jobs-2022-11">crazy-long hours</a>. Many of the roughly 3,700 people who were let go didn’t find out through Musk or even a manager. Rather, they learned of their firing when they couldn’t log into their company email.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="AgHcxb">
|
|||
|
|
Ideally, layoffs are conducted individually and in person, according to Liz Petersen, a manager in the knowledge center at the Society for Human Resources Management. If that’s not possible, the next-best option would be video, followed by a phone call. Email is the “lowest-level option.” Obviously, individual meetings are harder to do when you’re laying off half the company.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="KqOiac">
|
|||
|
|
Even those who made the cut at Twitter were mired in fear and confusion. In lieu of communication from management, <a href="https://www.platformer.news/p/twitter-cut-in-half">employees pinged colleagues on Slack</a> to see who’d respond, adding their names to a Google Doc. Some employees who remained at the company have told reporters they <a href="https://www.newyorker.com/culture/infinite-scroll/a-twitter-employees-account-of-surviving-layoff-day">wished they’d been fired</a>.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YJ386C">
|
|||
|
|
Workers are already suing Twitter for violating labor law by not giving them enough notice, though it looks as though the company is <a href="https://www.platformer.news/p/twitter-cut-in-half">paying them</a> for a two-month non-working period to avoid the lawsuit. Advertisers, concerned that the company has gutted several important content moderation roles, have <a href="https://www.wsj.com/articles/general-mills-audi-and-pfizer-join-growing-list-of-companies-pausing-twitter-ads-11667507765">paused their spending</a>, which in total makes up 90 percent of Twitter revenue.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Pjr8sg">
|
|||
|
|
“There is a kind and respectful way to let an employee go, and I feel like this last round was neither of those things,” Brooks E. Scott, executive coach and CEO of <a href="https://www.mergingpath.com/">Merging Path</a>, told Recode. “You’ve got some employees that had been there for years. Don’t you at least owe them a phone call or zoom or something?”
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="zPrIa4">
|
|||
|
|
He added, “People remember those things about a company’s culture.”
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="kioE6j">
|
|||
|
|
It was certainly a far cry from the layoffs last week at Stripe.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="mAjlaM">
|
|||
|
|
There, the CEO wrote a <a href="https://stripe.com/newsroom/news/ceo-patrick-collisons-email-to-stripe-employees">company-wide letter</a>, explaining why they were laying off 14 percent of the company, and reached out individually to affected employees after. CEO Patrick Collison blamed the wider economic environment, but also himself for over-hiring and growing operating costs too quickly. He expressed what seemed like genuine sadness at losing employees, and said they’d set up an alumni email account for them so that they could stay in the loop with the company. Importantly, he communicated how the company would take care of outgoing employees (14 weeks severance certainly helped soften the blow).
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="OhnSsd">
|
|||
|
|
The situation at Twitter might be an anomaly since it includes wild-card Musk, but his decisions have cascading effects for his company nonetheless.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="vj0min">
|
|||
|
|
If you have to lay people off, it’s best to do so as compassionately as possible, according to Robin Erickson, vice president of human capital at Conference Board, who studies how companies behave in crisis. But it’s better not to lay anyone off at all. She says that savings from layoffs are often shortsighted and rarely help a company’s financial performance beyond a quarter or two. They also result in a number of negative outcomes like loss of institutional memory, productivity, and morale. Layoffs can also lead to <a href="https://www.vox.com/recode/2022/10/20/23413380/burnout-remote-work-economy-quits-slack-future-forum">burnout</a>, as remaining employees pick up the slack, which in turn will cause more people to leave. Twitter workers have already reported <a href="https://www.businessinsider.com/anonymous-twitter-employee-elon-musk-twitter-culture-war-2022-11">insane workloads</a> to make up for all the layoffs and to contend with new Musk projects.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="qPerni">
|
|||
|
|
Importantly, layoffs — especially ones that are poorly done — harm a company’s future hiring prospects.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="7jURzs">
|
|||
|
|
“Why would anyone want to go work at a place where they’ve just treated people poorly?” Erickson said. “Those organizations that laid off employees will have a harder time rebounding as they try to hire employees.”
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Y16P6E">
|
|||
|
|
Twitter is likely to run into this problem right away. The layoffs were so poorly thought through that the company is already reaching out to dozens of former employees to <a href="https://www.bloomberg.com/news/articles/2022-11-06/twitter-now-asks-some-fired-workers-to-please-come-back">hire them back</a>. That may be a tough sell since those employees still have options.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xrwAxs">
|
|||
|
|
The unemployment rate for tech jobs is at a notably low 2.2 percent, according to <a href="https://www.comptia.org/newsroom/press-releases/employer-tech-job-postings-increase-for-the-month-comptia-analysis-finds">CompTIA’s latest analysis</a> of Bureau of Labor Statistics data, and the sector continues to grow. Outside the tech sector, the hiring market remains strong as well: Employers added an <a href="https://www.nytimes.com/live/2022/11/04/business/jobs-report-october-economy">unexpectedly high</a> 260,000 jobs last month. Experts are dubbing the economic downturn a “jobful recession,” as it hasn’t yet seemed to affect jobs.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="0Hz115">
|
|||
|
|
While layoffs are certainly happening, they’re not yet making a big dent in what’s otherwise a healthy job market.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3wMkMK">
|
|||
|
|
In many cases, employers are loath to fire people since it was so hard to hire them in the first place. Companies that conducted mass layoffs early in the pandemic were <a href="https://www.vox.com/policy-and-politics/2022/10/6/23388247/layoffs-recession-labor-market">handicapped</a> as the economy came back online. Twitter’s high-profile firings and unstable situation aren’t going to make it an attractive place for employees to want to join.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="zZdmdA">
|
|||
|
|
Silicon Valley companies won’t always be dealing with an economic downturn, but how they behave now will affect their ability to grow when the economy is better.
|
|||
|
|
</p></li>
|
|||
|
|
<li><strong>The high stakes in a Supreme Court case about American Indian children</strong> -
|
|||
|
|
<figure>
|
|||
|
|
<img alt="" src="https://cdn.vox-cdn.com/thumbor/eBbnmxajU0V69KOLpRd65dIvhi8=/189x0:3656x2600/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/71599790/GettyImages_1244572997a.0.jpg"/>
|
|||
|
|
<figcaption>
|
|||
|
|
A Native American woman kisses her daughter, a foster child, in Arizona on November 2. | Joshua Lott/Washington Post via Getty Images
|
|||
|
|
</figcaption>
|
|||
|
|
</figure>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
|
|||
|
|
Brackeen v. Haaland attacks a 44-year-old law enacted to halt cultural genocide.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="eRAh5M">
|
|||
|
|
For much of its history, the United States pursued a kind of cultural genocide against American Indians. American Indian children were often rounded up and sent to boarding schools, where Native children were <a href="https://www.vox.com/identities/2020/2/20/21131387/indian-child-welfare-act-court-case-foster-care">forced to abandon their language and customs</a> and to learn to behave like white Americans. Often, the architects of this policy were quite explicit about their goals — as the founder of one of these boarding schools said in 1892, “all the Indian there is in the race should be dead. <a href="https://www.ou.edu/gaylord/exiled-to-indian-country/content/remembering-the-stories-of-indian-boarding-schools#:~:text=%E2%80%9CIn%20a%20sense%2C%20I%20agree,in%20Oklahoma%20territory%2C%20Gerencser%20said.">Kill the Indian in him, and save the man</a>.”
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="8VGGDR">
|
|||
|
|
Some of these boarding schools continued to operate well into the 20th century. There are <a href="https://www.npr.org/2008/05/12/16516865/american-indian-boarding-schools-haunt-many">people alive today</a> <a href="https://sct.narf.org/documents/haaland_v_brackeen/amicus_bradshaw.pdf">who attended them</a>.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="EkUNfs">
|
|||
|
|
In response to this history, and 20th-century policies by state governments that also separated American Indian children from their culture, Congress enacted the Indian Child Welfare Act (ICWA) in 1978. Among other things, this law provides that, if a state court determines that a child who is either “<a href="https://www.vox.com/22956346/supreme-court-commerce-clause-native-american-indian-child-welfare-act-haaland-brackeen-texas">a member of an Indian tribe</a>” or “is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe” must be removed from their home, then the child should be placed with an American Indian family — and, if possible, a member of the child’s extended family or, at least, their own tribe.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="1667857872.326679">
|
|||
|
|
(Federal law uses the term “Indian” to refer to Indigenous nations and their citizens, and this term has a distinct meaning that is different than the definition of the term “Native American.” This piece includes quotes and legal references that also use the former terminology.)
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="aAsW8b">
|
|||
|
|
Nearly half a century after the ICWA became law, the Supreme Court is now hearing four cases, all consolidated under the name <a href="https://www.scotusblog.com/case-files/cases/haaland-v-brackeen/"><em>Haaland v. Brackeen</em></a>, which claims that this anti-genocidal law is unconstitutional. The law is being challenged by <a href="https://www.vox.com/identities/2020/2/20/21131387/indian-child-welfare-act-court-case-foster-care">non-Indian families who wish to adopt American Indian children</a>, along with the <a href="https://www.supremecourt.gov/DocketPDF/21/21-376/226353/20220526144044056_Haaland%20v.%20Brackeen%20-%20Opening%20Br.%20for%20Texas.pdf">state of Texas</a>.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="WuAiF9">
|
|||
|
|
The plaintiffs’ arguments are aggressive. They allege that the ICWA <a href="http://www.supremecourt.gov/DocketPDF/21/21-376/226353/20220526144044056_Haaland%20v.%20Brackeen%20-%20Opening%20Br.%20for%20Texas.pdf">violates the Constitution in at least four different ways</a> — and that somehow these violations went unnoticed for the law’s first four decades of existence. Indeed, the <em>Brackeen</em> plaintiffs make one argument so aggressive that it could potentially <a href="https://www.vox.com/22956346/supreme-court-commerce-clause-native-american-indian-child-welfare-act-haaland-brackeen-texas">invalidate much of the last century of federal law</a> — including landmark statutes such as the Affordable Care Act, the ban on whites-only lunch counters, and the federal ban on child labor. And, while their other arguments do not go that far, most of these plaintiffs’ arguments call for a wholesale rethinking of the United States’ relationship with Indigenous nations and their people.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="hbhcJk">
|
|||
|
|
That said, it is far from clear that even this Supreme Court will sign on to this attempt to repeal a longstanding federal law. Although a federal trial court <a href="https://turtletalk.files.wordpress.com/2018/10/166_order.pdf">struck down huge swaths of the ICWA</a>, that opinion was authored by Judge Reed O’Connor, a notoriously partisan judge best known for his failed efforts to <a href="https://www.vox.com/2021/6/17/22538462/supreme-court-obamacare-california-texas-stephen-breyer-standing-individual-mandate-constitution">repeal the entire Affordable Care Act</a> and to <a href="https://www.vox.com/22996799/supreme-court-biden-navy-seal-vaccine-austin-covid">insert himself into the top of the military’s chain of command</a>.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="m51xGO">
|
|||
|
|
Even the archconservative Fifth Circuit Court of Appeals believed that O’Connor went too far, and a majority of its judges <a href="https://casetext.com/case/brackeen-v-haaland">voted to reinstate several key provisions of the ICWA</a>.
|
|||
|
|
</p>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="eYd5NS">
|
|||
|
|
It’s also worth noting that Justice Neil Gorsuch, a Trump appointee who <a href="https://www.vox.com/22431044/neil-gorsuch-nihilism-supreme-court-voting-rights-lgbt-housing-obamacare-constitution">typically votes with the Court’s most reactionary members</a> in politically charged cases, <a href="https://www.vox.com/2020/7/10/21318796/supreme-court-mcgirt-oklahoma-native-american-neil-gorsuch">tends to vote with the Court’s liberal minority</a> in cases involving federal Indian law. Assuming Gorsuch continues that pattern in <em>Brackeen</em>, that most likely means the plaintiffs need to hold on to all five of the Court’s other Republican appointees to prevail.
|
|||
|
|
</p>
|
|||
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="qlayW1">
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It is possible, in other words, that at least five justices will vote to uphold the Indian Child Welfare Act in its entirety.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="r2exRL">
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Nevertheless, the stakes in <em>Brackeen</em> are high. They speak to whether Congress is allowed to take steps to cure grave past injustices — a project this Court <a href="https://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf">has been hostile toward in the past</a>.
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</p>
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<h3 id="5e2UPe">
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The <em>Brackeen</em> plaintiffs’ most aggressive arguments are completely unhinged
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</h3>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="6eZEL7">
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Since the very earliest days of the American republic, the Constitution has been understood to give Congress the broadest authority to set the United States’ policy toward American Indians, and to regulate its relationship with the tribes. As Secretary of War Henry Knox wrote to President George Washington in 1789, “the United States have, under the constitution, the sole regulation of Indian affairs, <a href="https://casetext.com/case/brackeen-v-haaland">in all matters whatsoever</a>.”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="CYNLnw">
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The Supreme Court, meanwhile, has repeatedly said that this power derives from the Constitution’s <a href="https://www.law.cornell.edu/wex/commerce_clause">commerce clause</a>, which permits Congress “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes” (although some decisions suggest that other provisions of the Constitution permit Congress to regulate Indian affairs as well). And it has emphasized that <a href="https://scholar.google.com/scholar_case?case=1365955950303729331&hl=en&as_sdt=6&as_vis=1&oi=scholarr">Congress’s power over Indian affairs is “plenary,”</a> or absolute.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="IpIgjF">
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That said, one oddity of the Supreme Court’s jurisprudence is that it has often read the scope of Congress’s power to “regulate commerce … with the Indian tribes” <a href="https://www.vox.com/22956346/supreme-court-commerce-clause-native-american-indian-child-welfare-act-haaland-brackeen-texas">more broadly than its power to “regulate commerce … among the several states.”</a>
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xut3Qw">
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The interstate commerce clause — the provision allowing congressional regulation of commerce among the states — is arguably the single most consequential provision of the Constitution because it gives Congress broad authority over domestic economic affairs. The interstate commerce clause is what permits federal lawmakers to <a href="https://supreme.justia.com/cases/federal/us/312/100/">enact a minimum wage</a>, to <a href="https://supreme.justia.com/cases/federal/us/301/1/">protect workers’ right to unionize</a>, and to <a href="https://supreme.justia.com/cases/federal/us/379/294/">prohibit discrimination by private businesses</a>, among many other things.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="aGMVbK">
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At least one of the <em>Brackeen</em> plaintiffs, the state of Texas, argues that the interstate and Indian commerce clauses should instead be read to “<a href="https://www.supremecourt.gov/DocketPDF/21/21-378/191330/20210903110440624_Texas%20v%20Haaland_Petition%20for%20Writ.pdf">mean substantially the same thing</a>.” They then propose a definition of the word “commerce” so narrow that it would <a href="https://www.vox.com/22956346/supreme-court-commerce-clause-native-american-indian-child-welfare-act-haaland-brackeen-texas">erase much of the last 100 years of US law</a>.
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3azo6O">
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In its now-discredited decision in <a href="https://scholar.google.com/scholar_case?case=17101646802366258583&hl=en&as_sdt=6&as_vis=1&oi=scholarr"><em>Hammer v. Dagenhart</em></a> (1918), the Supreme Court held that Congress was forbidden from banning child labor in the workplace, on the theory that the word “commerce” permits Congress to regulate the “transportation” and “sale” of persons and goods, but not the production of those same goods.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="fRu1P5">
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At least some parts of the <em>Brackeen</em> plaintiffs’ briefs appear to argue that <em>Hammer</em> was correctly decided. <a href="https://www.supremecourt.gov/DocketPDF/21/21-376/226353/20220526144044056_Haaland%20v.%20Brackeen%20-%20Opening%20Br.%20for%20Texas.pdf">Texas’s brief</a>, for example, claims that the word “commerce” was “originally understood” to only encompass “buying, selling, and transporting goods.” Meanwhile, a <a href="https://www.supremecourt.gov/DocketPDF/21/21-376/226399/20220526164234609_Haaland%20v.%20Brackeen%20--%20Opening%20Brief.pdf">second brief</a> filed on behalf of individual plaintiffs who “sought to foster or adopt children with Indian ancestry” makes a similar argument, claiming that “Congress’s Indian Commerce Clause power confers only authority to regulate trade with tribes.”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3qlhwk">
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This is, of course, the exact same definition of the word “commerce” that the Court embraced in its long-since-overruled decision in <em>Hammer</em>.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="yKLqH1">
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It’s <a href="https://www.vox.com/22956346/supreme-court-commerce-clause-native-american-indian-child-welfare-act-haaland-brackeen-texas">impossible to exaggerate the sheer chaos</a> that would result if the Supreme Court reinstated the <em>Hammer</em> decision. Such a decision wouldn’t simply endanger the ICWA and federal child labor laws, it would abolish huge swaths of federal laws governing the workplace, prohibiting discrimination, and regulating entire industries such as health insurers. It would be as if the Supreme Court picked up the entire United States Code, and just started randomly crossing out huge swaths of it with a black marker.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="36wwxT">
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That said, it is unlikely that the Court would go that far. Of the Court’s current members, <a href="https://www.vox.com/2022/3/29/22999755/supreme-court-clarence-thomas-voting-rights-democracy-elections-ginni">only Justice Clarence Thomas</a> has openly suggested that <em>Hammer </em>was correctly decided. Most of the justices appear to have made peace — <a href="https://www.law.cornell.edu/supremecourt/text/11-393#writing-11-393_DISSENT_5">albeit often an uneasy peace</a> — with the fact that Congress may enact economic regulation on a broad range of subjects.
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="83RFPS">
|
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But the sheer audacity of the <em>Brackeen</em> plaintiffs’ commerce clause arguments should give you a sense of just how little regard they pay to existing law.
|
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</p>
|
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<h3 id="qsCJQp">
|
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|
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The <em>Brackeen</em> plaintiffs attack one of the most foundational concepts underlying the United States’ relationship with tribes
|
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</h3>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="kIG9aO">
|
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One of the fundaments underlying US relations with American Indian tribes is that those tribes are distinct nations — although the Court has, at times, described Indigenous nations as “<a href="https://supreme.justia.com/cases/federal/us/30/1/">domestic dependent nations</a>” or “<a href="https://supreme.justia.com/cases/federal/us/417/535/">quasi-sovereign tribal entities</a>” whose citizens are subject to far more US governmental control than, say, a citizen and resident of France.
|
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="G8Oyhd">
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Like any nation, tribes generally may decide who they wish to admit as citizens. Some tribes, for example, <a href="https://www.sandiegouniontribune.com/columnists/story/2021-03-14/descendants-of-enslaved-black-people-have-right-to-indigenous-citi">extend citizenship to the descendants of Black people</a> who were enslaved by members of the tribe, even though these Black tribal citizens may not be blood descendants of the tribe’s Indigenous citizens.
|
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="MIFd4A">
|
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|
Indeed, the reason why I’ve largely avoided using the term “Native Americans” to describe the class of people protected by the ICWA is because doing so could conflate the difference between a Native American racial identity and someone’s membership in an American Indian tribe. The ICWA does not apply to all people of Native descent. It applies only to children who are “<a href="https://www.vox.com/22956346/supreme-court-commerce-clause-native-american-indian-child-welfare-act-haaland-brackeen-texas">a member of an Indian tribe</a>” or who are “eligible for membership in an Indian tribe and [are] the biological child of a member of an Indian tribe.”
|
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|
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</p>
|
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|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="0SwU1X">
|
|||
|
|
Which brings us to the <em>Brackeen </em>plaintiffs’ next argument: that the ICWA is unconstitutional because it discriminates on the basis of race by treating Native children differently than non-Native children.
|
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="WQOLHb">
|
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|
The problem with this argument is that the statute emphatically does no such thing. Again, it does not apply to all children of Native American descent. It applies to children who are either members of a tribe or who are eligible for tribal citizenship and have a parent who is a tribal citizen. Under the ICWA, a non-tribal citizen with four Native American grandparents is not governed by the law if their parents were not tribal citizens. Meanwhile, a Black child whose parents are two <a href="https://www.sandiegouniontribune.com/columnists/story/2021-03-14/descendants-of-enslaved-black-people-have-right-to-indigenous-citi">Black citizens of the Cherokee Nation</a> would fall within the statute unless they were somehow ineligible for tribal citizenship themselves.
|
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|
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</p>
|
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|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="bqIANc">
|
|||
|
|
As the Supreme Court held in <a href="https://supreme.justia.com/cases/federal/us/417/535/"><em>Morton v. Mancari</em></a> (1974), federal law may give special treatment to American Indians, so long as that treatment “is granted to Indians not as a discrete racial group, but, rather, as members of quasi-sovereign tribal entities.”
|
|||
|
|
</p>
|
|||
|
|
<h3 id="FZP8NL">
|
|||
|
|
The <em>Brackeen</em> plaintiffs also want to rework the balance of power between the federal government and the states
|
|||
|
|
</h3>
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="913Pgb">
|
|||
|
|
The <em>Brackeen</em> plaintiffs’ strongest legal argument rests on a legal doctrine known as “<a href="https://www.vox.com/2019/10/29/20936376/trump-supreme-court-tenth-amendment-deport-sanctuary">anti-commandeering</a>.”
|
|||
|
|
</p>
|
|||
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Q8YFbD">
|
|||
|
|
Briefly, this doctrine provides that, if the federal government wants to implement a particular federal policy, it cannot order a state government to do so. For example, while the Trump administration could order federal law enforcement officers to crack down on immigrants, it <a href="https://www.vox.com/2019/10/29/20936376/trump-supreme-court-tenth-amendment-deport-sanctuary">could not order state and local police to do the same</a>. Similarly, while marijuana possession remains illegal under federal law, states where marijuana is legal are under no obligation to enforce this law. If the feds want to arrest someone for smoking a joint in one of these states, they need to send a federal agent to make the arrest.
|
|||
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</p>
|
|||
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="uCS2A2">
|
|||
|
|
The <em>Brackeen</em> plaintiffs argue that the ICWA violates this anti-commandeering doctrine by dragooning state officials and state courts into the enforcement of a federal policy. As Texas <a href="https://www.supremecourt.gov/DocketPDF/21/21-376/226353/20220526144044056_Haaland%20v.%20Brackeen%20-%20Opening%20Br.%20for%20Texas.pdf">argues in its brief</a>, the ICWA effectively forces state officials to “provide notices, keep records, locate and retain expert witnesses, and track down Indian families” in order to comply with federal rules governing child placement disputes involving American Indian children.
|
|||
|
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</p>
|
|||
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="i89WUF">
|
|||
|
|
But there are a number of problems with this argument. The first is that, to the extent the ICWA requires state family court judges to rule in certain ways, the Constitution explicitly permits Congress to impose these kinds of obligations on state judges. Article VI of the Constitution states that federal laws “<a href="https://constitution.congress.gov/constitution/article-6/">shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby</a>.”
|
|||
|
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</p>
|
|||
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="vE88qe">
|
|||
|
|
The Court, moreover, placed some important limits on the anti-commandeering doctrine in <a href="https://www.law.cornell.edu/supct/html/98-1464.ZO.html"><em>Reno v. Condon</em></a> (2000), which held that this doctrine is not triggered if a law merely requires state officials to “take administrative and sometimes legislative action to comply with federal standards.” Under <em>Reno</em>, the doctrine only has force when the federal government requires “the States in their sovereign capacity to regulate their own citizens.”
|
|||
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</p>
|
|||
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="J5ViNr">
|
|||
|
|
Think of it this way: the federal government can’t order a state police officer to arrest an individual for violating federal marijuana law, because that would amount to ordering a state to use its own resources to regulate the state’s own citizens. But, once a state has made the decision to arrest someone for violating a marijuana law, the federal government can regulate how<em> </em>that arrest goes down and how the criminal suspect is treated without running afoul of the anti-commandeering principle.
|
|||
|
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</p>
|
|||
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YnEbn8">
|
|||
|
|
Similarly, the ICWA does not require any state government to remove any child from their home. It merely provides that, <em>if</em> the state decides to bring a custody proceeding involving an American Indian child, then this custody proceeding must comply with the rules laid out in federal law. That’s the very sort of federal law which <em>Reno</em> said was permissible.
|
|||
|
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</p>
|
|||
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3mRsfa">
|
|||
|
|
All of which is a long way of saying that the plaintiffs’ legal arguments in <em>Brackeen</em> are quite aggressive, and they call for the Supreme Court to make several departures from longstanding law — at least some of which could have hugely disruptive consequences for millions of Americans and for countless federal laws.
|
|||
|
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</p>
|
|||
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="IIBYZf">
|
|||
|
|
This Supreme Court <a href="https://www.vox.com/23180634/supreme-court-rule-of-law-abortion-voting-rights-guns-epa">does not feel particularly bound by existing law</a>. And it has shown particular skepticism toward federal laws enacted to cure past injustices against marginalized groups — hence the Court’s declaration in <a href="https://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf"><em>Shelby County v. Holder</em></a><em> </em>(2013) that much of the Voting Rights Act should be deactivated because “things have changed in the South” since the Act was originally enacted to eliminate Jim Crow restrictions on voting.
|
|||
|
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</p>
|
|||
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="qJJ1t9">
|
|||
|
|
That said, there are some reasons for proponents of the ICWA to remain optimistic. Thus far, the lower court judges who’ve attacked the ICWA have largely been drawn from the most reactionary voices on the federal bench. And a majority of the current Supreme Court <a href="https://www.vox.com/22996799/supreme-court-biden-navy-seal-vaccine-austin-covid">does sometimes run out of patience</a> for Judge Reed O’Connor’s especially partisan approach to interpreting federal law.
|
|||
|
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</p>
|
|||
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="RRMimv">
|
|||
|
|
But no one can be truly confident that any precedent is safe in this Supreme Court until a majority of the Court’s current members vote to uphold it. So we won’t know for sure whether the ICWA is itself safe until the Court rules in <em>Brackeen</em>.
|
|||
|
|
</p></li>
|
|||
|
|
</ul>
|
|||
|
|
<h1 data-aos="fade-right" id="from-the-hindu-sports">From The Hindu: Sports</h1>
|
|||
|
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<ul>
|
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|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>KKR elevates Foster to assistant coach</strong> - ten Doeschate takes his place as fielding coach</p></li>
|
|||
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|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>World Cup ambassador from Qatar denounces homosexuality</strong> - An ambassador for the World Cup in Qatar has described homosexuality as a “damage in the mind” in an interview with German public broadcaster ZDF only two weeks before the opening of the soccer tournament in the Gulf state</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Badminton | Lakshya Sen reaches career-best sixth in BWF rankings</strong> - French Open champions Satwiksairaj Rankireddy and Chirag Shetty also returned to their career best ranking of seven in men’s doubles</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Narender Berwal moves into +92kg semifinals</strong> -</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Three-member committee to probe Danushka Gunathilaka incident</strong> - The probe panel comprises of Justice Sisira Ratnayake, Attorney Niroshana Perera and attorney Asela Rekawa.</p></li>
|
|||
|
|
</ul>
|
|||
|
|
<h1 data-aos="fade-right" id="from-the-hindu-national-news">From The Hindu: National News</h1>
|
|||
|
|
<ul>
|
|||
|
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<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>District Industrial Centres facing staff crunch in Andhra Pradesh, says FAPI president</strong> - ‘New entrepreneurs were forced to move from pillar to post to get guidance, licences and permissions’</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>CM unveils Global Investors’ Summit logo</strong> -</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Central Tribal University of Andhra Pradesh Vice-Chancellor Kattimani invites President Droupadi Murmu for the first convocation</strong> - She responded positively and suggested me to focus on the improvement of education standards of the tribal youth, he says</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Mananchira as main venue for arts fest: cultural activists see red</strong> -</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>BJP will be ousted from power in Tripura in next polls for not fulfilling promises: Manik Sarkar</strong> - Assam CM Sarma claimed that the BJP Government in Tripura has done “more than what it promised in the poll manifesto”</p></li>
|
|||
|
|
</ul>
|
|||
|
|
<h1 data-aos="fade-right" id="from-bbc-europe">From BBC: Europe</h1>
|
|||
|
|
<ul>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Italy allows migrant boat to dock but many remain stranded</strong> - A total of 89 people were allowed to disembark but hundreds more are waiting to come ashore.</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Ukraine war: US confirms ‘communications’ with Kremlin</strong> - Jake Sullivan reportedly held talks with Kremlin aides to guard against nuclear escalation in Ukraine.</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Putin allies who criticise Russia’s war machine</strong> - The top brass have been sharply criticised over the war by Ramzan Kadyrov and Yevgeny Prigozhin.</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Ukraine war: Why is control of Kherson so important?</strong> - Kherson, in southern Ukraine, is seen as a vital city for Ukraine to capture and for Russia to defend.</p></li>
|
|||
|
|
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Channel crossings deal with France in final stages, says No 10</strong> - Rishi Sunak says there’s no “simple solution” to illegal migration, after meeting President Macron.</p></li>
|
|||
|
|
</ul>
|
|||
|
|
<h1 data-aos="fade-right" id="from-ars-technica">From Ars Technica</h1>
|
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<ul>
|
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>US hospitals are so overloaded that one ER called 911 on itself</strong> - Patients are reporting crowded waiting rooms and hours-long wait times. - <a href="https://arstechnica.com/?p=1895862">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>After 15 years of failed attempts, there will finally be a Gears of War movie</strong> - Netflix moves forward with a live-action film, animated series, and maybe more. - <a href="https://arstechnica.com/?p=1895809">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Hacker took pains to hide $3.36B of stolen bitcoin. Feds found it anyway</strong> - The haul, the second biggest in DOJ history, shows the difficulty of hiding cryptocurrency. - <a href="https://arstechnica.com/?p=1895826">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Oculus co-founder makes a VR headset that can literally kill you</strong> - <em>Sword Art Online</em> inspires Palmer Luckey to put explosive charges on a Quest Pro. - <a href="https://arstechnica.com/?p=1895813">link</a></p></li>
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<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Carnival Row announces second and final season with briefest of teasers</strong> - Travis Beacham’s “Victorian neo-noir” fantasy series debuted in 2019. - <a href="https://arstechnica.com/?p=1895749">link</a></p></li>
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</ul>
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<h1 data-aos="fade-right" id="from-jokes-subreddit">From Jokes Subreddit</h1>
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<ul>
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<li><strong>Professor X asks a girl, “what is your mutant power?”</strong> - <!-- SC_OFF -->
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<div class="md">
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Girl replies: “I can guess how many pulls to turn a ceiling fan off on the first try!”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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She points up and says: “3 pulls”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Professor X stands up and pulls 3 times. After the third pull the fan turns off.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Professor X: “Yeah thats cool and all, but not really a super power…”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Girl: “Yeah I was jut kidding, I can heal paraplegics”
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Professor X, still standing: “Oh my god”
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</p>
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</div>
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<!-- SC_ON -->
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/mrwawe01"> /u/mrwawe01 </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/yp4aa4/professor_x_asks_a_girl_what_is_your_mutant_power/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/yp4aa4/professor_x_asks_a_girl_what_is_your_mutant_power/">[comments]</a></span></p></li>
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<li><strong>Crocodile.</strong> - <!-- SC_OFF -->
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<div class="md">
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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A multi-millionaire, living in Australia, decided to throw a party and invited all of his buddies and neighbors… He also invited Brian, the only native Australian in the neighborhood. He held the party around the pool, in the backyard of his mansion. Everyone was having a good time, drinking, dancing, eating prawns and oysters from the barbecue, and flirting. Then at the height of the party, the millionaire said, “I have a 15 foot man-eating crocodile in my pool, and I’ll give a million dollars to anyone who’ll join him in the pool.” The words were barely out of his mouth when there was a loud splash. Everyone turned around, and saw Brian in the pool fighting madly with the crocodile, jabbing it in the eyes with his thumbs, throwing punches, head butting it… getting it in choke holds, biting it’s tail and flipping it through the air like some kind of martial arts expert! The water was churning and splashing everywhere. Both Brian and the crocodile were screaming and raising hell. Finally, after what seemed like ages, Brian strangled the crocodile, and let it float to the top of the pool like a dead goldfish. An exhausted Brian wearily climbed out of the pool, with everybody staring at him in disbelief. The millionaire said, “Well Brian, I guess I owe you a million dollars then.” “Nah, you are all right man, I don’t want it,” said Brian. So, the millionaire said, “I have to give you something, you won the bet.” “How about half a million bucks?” “No thanks, I don’t want it,” Brian insisted. The millionaire said, “Come on, I insist on giving you something…” “That was amazing!” “How about a new Porsche, a Rolex and some stock options?” Once again, Brian said, “No thanks.” Confused, the rich man asked, “Well Brian, then what do you want?” Brian replied… “I want the bastard who pushed me in!”
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</p>
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</div>
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<!-- SC_ON -->
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/harrygatto"> /u/harrygatto </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/ypdadr/crocodile/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/ypdadr/crocodile/">[comments]</a></span></p></li>
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<li><strong>An Irishman buys a chainsaw…</strong> - <!-- SC_OFF -->
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<div class="md">
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Paddy goes to a tool store to buy a chainsaw. The server sells him the top-of-the-line model, saying that it will cut through over 100 trees in one day.
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Paddy takes the chainsaw home and begins working on the trees but after working for over three hours he only cuts down two trees.
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</p>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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“How can I cut for hours and hours and only finish two trees?” he asks himself.
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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The next day Paddy gets up early in the morning and works until sundown, but still only manages to cut down five trees.
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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The very next day he takes the chainsaw back to the store and says it doesn’t work properly.
|
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</p>
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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“Hmm, it looks okay,” says the server, and starts the chainsaw. Paddy jumps back in shock and cries, “What’s that noise?!”
|
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</p>
|
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</div>
|
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<!-- SC_ON -->
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/Available-Primary292"> /u/Available-Primary292 </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/yov1l6/an_irishman_buys_a_chainsaw/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/yov1l6/an_irishman_buys_a_chainsaw/">[comments]</a></span></p></li>
|
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<li><strong>A man in my town was shot yesterday with a starter’s pistol.</strong> - <!-- SC_OFF -->
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<div class="md">
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
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Police suspect that the crime is race related.
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</p>
|
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</div>
|
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<!-- SC_ON -->
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/porichoygupto"> /u/porichoygupto </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/yonw3g/a_man_in_my_town_was_shot_yesterday_with_a/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/yonw3g/a_man_in_my_town_was_shot_yesterday_with_a/">[comments]</a></span></p></li>
|
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|
<li><strong>It’s a good thing Elon didn’t acquire Reddit, otherwise</strong> - <!-- SC_OFF -->
|
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|
<div class="md">
|
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
|
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|
(Your post was removed by Reddit admins, and your account was suspended)
|
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|
|
</p>
|
|||
|
|
</div>
|
|||
|
|
<!-- SC_ON -->
|
|||
|
|
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/iamaneditor"> /u/iamaneditor </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/yot88e/its_a_good_thing_elon_didnt_acquire_reddit/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/yot88e/its_a_good_thing_elon_didnt_acquire_reddit/">[comments]</a></span></p></li>
|
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|
|
</ul>
|
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|
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