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<h1 data-aos="fade-down" id="daily-dose">Daily-Dose</h1>
<h1 data-aos="fade-right" data-aos-anchor-placement="top-bottom" id="contents">Contents</h1>
<ul>
<li><a href="#from-new-yorker">From New Yorker</a></li>
<li><a href="#from-vox">From Vox</a></li>
<li><a href="#from-the-hindu-sports">From The Hindu: Sports</a></li>
<li><a href="#from-the-hindu-national-news">From The Hindu: National News</a></li>
<li><a href="#from-bbc-europe">From BBC: Europe</a></li>
<li><a href="#from-ars-technica">From Ars Technica</a></li>
<li><a href="#from-jokes-subreddit">From Jokes Subreddit</a></li>
</ul>
<h1 data-aos="fade-right" id="from-new-yorker">From New Yorker</h1>
<ul>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>The Sudden Rise of the Coronavirus Lab-Leak Theory</strong> - Scientists and political commentators are no longer dismissing the possibility that COVID-19 emerged from a Chinese laboratory. What changed? - <a href="https://www.newyorker.com/news/annals-of-inquiry/the-sudden-rise-of-the-coronavirus-lab-leak-theory">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>American Democracy Isnt Dead Yet, but Its Getting There</strong> - A country that cannot even agree to investigate an assault on its Capitol is in big trouble, indeed. - <a href="https://www.newyorker.com/news/letter-from-bidens-washington/american-democracy-isnt-dead-yet-but-its-getting-there">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Californias Novel Attempt at Land Reparations</strong> - Property seized from a Black family a century ago is being returned to their descendants. - <a href="https://www.newyorker.com/news/us-journal/californias-novel-attempt-at-land-reparations">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>The Republican Party, Racial Hypocrisy, and the 1619 Project</strong> - As the G.O.P. seeks to deny Americans knowledge of their own history, Nikole Hannah-Jones is denied tenure. - <a href="https://www.newyorker.com/news/daily-comment/the-republican-party-racial-hypocrisy-and-the-1619-project">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>The Women Who Preserved the Story of the Tulsa Race Massacre</strong> - Two pioneering Black writers have not received the recognition they deserve for chronicling one of the countrys gravest crimes. - <a href="https://www.newyorker.com/news/us-journal/the-women-who-preserved-the-story-of-the-tulsa-race-massacre">link</a></p></li>
</ul>
<h1 data-aos="fade-right" id="from-vox">From Vox</h1>
<ul>
<li><strong>Justice Breyers new warning for Democrats couldnt have come at a worse time</strong> -
<figure>
<img alt="" src="https://cdn.vox-cdn.com/thumbor/QJjMUZNh_u-oGlqtpEh3XsrWxcE=/167x0:2834x2000/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/69360555/GettyImages_145308181_copy.0.jpg"/>
<figcaption>
Supreme Court Justice Stephen Breyer in 2012. | Jewel Samad/AFP via Getty Images
</figcaption>
</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
American democracy is in crisis. Breyer thinks nows the time to scold his fellow liberals.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3efxBz">
Justice Stephen Breyer — a Bill Clinton appointee who has served on the Supreme Court since 1994 — has chosen this moment to admonish liberals for failing to respect the rule of law.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="qStej5">
Hes done so despite the fact that less than five months ago, a violent mob of former President Donald Trumps supporters <a href="https://www.vox.com/22218446/capitol-police-mob-trump-storming-washington-dc">invaded the US Capitol</a> in a vain attempt to keep Trump, who had just lost his bid for reelection, in office without an electoral mandate. In the months that followed, state-level Republicans loyal to Trump passed legislation that appears to <a href="https://www.vox.com/policy-and-politics/22368044/georgia-sb202-voter-suppression-democracy-big-lie">serve no purpose other than to restrict voting</a>. And now, Republican leaders are <a href="https://www.vox.com/2021/5/25/22445422/january-6-commission-senate-filibuster">blocking a bipartisan investigation</a> into the January 6 riots at the Capitol.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Fm0LkX">
And yet, in the midst of what might be the greatest threat to liberal democracy in the United States since Jim Crow, Breyer warns that liberals are endangering the rule of law because a small minority of Democrats have suggested taking aggressive action to rein in the Supreme Court.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="sPq2Fu">
And Breyer is doing this at the same time that hes urging Democrats to find common ground with a party that refuses to investigate an attack that endangered much of Congress.
</p>
<div id="AMLNKL">
<blockquote class="twitter-tweet">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" dir="ltr" lang="en">
“If you need Republican support, talk to them. My friend, what do you think? Get them talking and theyll eventually say something you agree with.”
</p>
— Steven Mazie (<span class="citation" data-cites="stevenmazie">@stevenmazie</span>) <a href="https://twitter.com/stevenmazie/status/1398326276700749830?ref_src=twsrc%5Etfw">May 28, 2021</a>
</blockquote></div></li>
</ul>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="GXW8N5">
In a book to be published this fall, Breyer warns the US will pay a heavy price if it does not show deference to the judiciary — and that even though the Supreme Court is now more conservative than at any point in the last three generations, it is a mistake to think any of his colleagues are rank partisans.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="hxcWFl">
“A judges loyalty is to the rule of law,” Breyer writes, “not the political party that helped to secure his or her appointment.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="4zBrVQ">
He also does not hide his motivation for writing the book, titled <a href="https://www.hup.harvard.edu/catalog.php?isbn=9780674269361"><em>The Authority of the Court and the Peril of Politics</em></a><em>:</em> “Proposals have been recently made to increase the number of Supreme Court justices,” Breyer notes. “I aim to make those whose reflexive instincts may favor significant structural (or similar institutional) changes, such as forms of court-packing, think long and hard before embodying those changes in law.”
</p>
<div class="c-float-right">
<div id="XZBznQ">
<div>
</div>
</div>
</div>
<h3 id="ZqacFV">
What Breyers book can tell us about his retirement plans
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rOOi5c">
With respect to the idea of putting additional justices on the Court, Breyer realistically has little to fear from Democrats.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="LtHVeN">
Though a handful of Democratic lawmakers did introduce legislation that would <a href="https://www.vox.com/22384461/supreme-court-court-expansion-packing-judiciary-act-13-seats-jones-nadler-markey-johnson">add four seats to the Supreme Court</a> and give Democratic appointees a 7-6 majority, the bill landed with a thud in Congress. In April, House Speaker Nancy Pelosi said she had “<a href="https://www.cnn.com/2021/04/15/politics/democrats-supreme-court-expansion-bill-reaction/index.html">no plans</a>” to bring the bill to the floor for a vote. And, while President Joe Biden formed a commission to study Supreme Court reforms, <a href="https://www.vox.com/2021/4/10/22375792/supreme-court-biden-commission-reform-court-packing-federalist-society">no outspoken proponents of reform</a> were appointed to it.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tqqt18">
Democrats are all too familiar with the archetype of a self-identified liberal or Democrat who seems more frightened of the hypothetical possibility of progressive overreach than they are of Republicans, who are taking very real steps to foreclose democracy. Think of Sens. Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ), whose <a href="https://www.vox.com/2021/3/17/22336181/joe-manchin-filibuster-reform-41-votes-talking-jeff-merkley-senate-rules">loyalty to the filibuster</a> is likely to kill any chance of passing a voting rights bill before the 2022 midterm elections could hand control of Congress to Republicans.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="OwkGsb">
But Breyers decision to join the ranks of liberal scolds could prove even more consequential than Manchin and Sinemas allegiance to the filibuster due to one fact: Breyer is 82 years old.
</p>
<div class="c-float-left">
<figure class="e-image">
<img alt=" " src="https://cdn.vox-cdn.com/thumbor/LHPoU016sYrGqO4J2LFPfmpB6ts=/800x0/filters:no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/22544661/GettyImages_916247078_copy.jpg"/> <cite>Tom Williams/CQ Roll Call via Getty Images</cite>
<figcaption>
Supreme Court Justices Elena Kagan, Stephen Breyer, and Chief Justice John Roberts arrive for President Trumps State of the Union address in 2018.
</figcaption>
</figure>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="k8uqUF">
Because the Senate is <a href="https://www.vox.com/2021/1/6/22215728/senate-anti-democratic-one-number-raphael-warnock-jon-ossoff-georgia-runoffs">malapportioned in ways that benefit Republicans</a>, the Senates current Democratic majority may be Breyers last opportunity to retire under a president who will nominate a like-minded justice — and under a Senate that might actually confirm that justice.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="zzqOca">
But his book <a href="https://www.nytimes.com/2021/05/17/us/justice-breyer-retirement.html">can be read as an indictment of such timed retirements</a>, which are an unavoidably political act — the entire purpose of Breyers retirement would be to ensure his seat is filled by a Democrat. And Breyers new book is a manifesto against the idea that courts should be perceived as political. “If the public comes to see judges as merely politicians in robes,’” he writes, “its confidence in the courts, and in the rule of law itself, can only decline.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="9VEfLG">
I do not want to minimize the concerns Breyer raises in his book. The justice is correct about many things. Courts play an important role in maintaining the rule of law, and a widespread perception that the courts are political risks triggering a public backlash that destroys the judiciarys ability to function.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Tml42x">
But Breyer needs to grapple with the possibility that Democrats increasingly perceive the Court as a partisan institution because it has become a partisan institution. As he ponders retirement, he needs to consider whether a Court that <a href="https://www.vox.com/21211880/supreme-court-chief-justice-john-roberts-voting-rights-act-election-2020">already works hard to limit voting rights</a> would be perceived as less political should Republicans gain a 7-2 majority.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="IWY2p7">
The problem Breyer describes in his book is one at the heart of liberalism. As George Mason University political science professor Jennifer Victor told me on Twitter, “<a href="https://twitter.com/jennifernvictor/status/1397163077049651203">Democracy comes from institutions</a>. The problem is, more and more people have come to realize that flawed institutions in the US are preventing it from achieving democracy.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="i3HtnX">
Democracy can die if our institutions collapse, but it can also die if they are captured by illiberal or anti-democratic forces. And Breyer is so focused on the former problem that he appears blind to the latter.
</p>
<h3 id="cQ7A9v">
A lesson from Jim Crow
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="iCYKCc">
In 1993, law professor (and future Supreme Court justice) Elena Kagan published a <a href="https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=11573&amp;context=journal_articles">tribute to her former boss</a>, who died earlier that year.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="XTVo5I">
The former boss was Justice Thurgood Marshall, the first Black person to serve on the Supreme Court and the greatest lawyer of the 20th century. Marshall is best known for his Supreme Court advocacy — he won a unanimous decision in <a href="https://www.ourdocuments.gov/doc.php?flash=false&amp;doc=87"><em>Brown v. Board of Education</em></a><em> </em>(1954),<em> </em>which<em> </em>declared public school segregation unconstitutional — but he was also an accomplished trial lawyer. Marshall spent years <a href="https://archive.thinkprogress.org/democrats-will-botch-the-resistance-against-trump-1f8c211c7b68/">defending innocent Black men in southern courts</a>, often risking being lynched in order to do so.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NhriuO">
In Kagans tribute, the future justice recounted <a href="https://scholar.google.com/scholar_case?case=1452024975636401316"><em>Torres v. Oakland Scavenger Co.</em></a> (1988), whose opinion Marshall wrote, where the legendary civil rights lawyer ruled against a man who said he was a victim of race discrimination.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Mh87U3">
<em>Torres</em> involved Jose Torres, one of 16 Hispanic plaintiffs in a case alleging employment discrimination. Because of a clerical error by his lawyers secretary, Torress name was inadvertently left off of a crucial court filing. The question was whether the mistake doomed Torress ability to pursue his case, under a procedural rule providing that the court filing ”shall specify the party or parties taking the appeal.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Wte2df">
Although Marshalls opinion recognized the rule demanded a “harsh result” in Torress case, he nonetheless ruled against him.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="LeRatB">
Kagan, who was Marshalls law clerk when <em>Torres</em> was decided, recounts that she “pleaded with Justice Marshall to vote” in Torress favor, but Marshall refused.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Ew8BtL">
“The Justice referred in our conversation to his own years of trying civil rights claims,” Kagan wrote in her tribute to her late boss. “All you could hope for, he remarked, was that a court didnt rule against you for illegitimate reasons; you couldnt hope, and you had no right to expect, that a court would bend the rules in your favor.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="GFsZMH">
Marshalls lesson to his young clerk was that “<a href="https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=11573&amp;context=journal_articles">it was the very existence of rules</a>—along with the judiciarys felt obligation to adhere to them—that best protected unpopular parties.”
</p>
<figure class="e-image">
<img alt=" " src="https://cdn.vox-cdn.com/thumbor/1D3U_3XaFQ4JZmoIoU4cKDL0JNA=/800x0/filters:no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/22544685/GettyImages_515098722_copy.jpg"/> <cite>Bettmann Archive/Getty Images</cite>
<figcaption>
Thurgood Marshall (top right) was the first Black person to serve on the Supreme Court.
</figcaption>
</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="zTXm5n">
More broadly, Marshall understood the same idea Victor conveyed on Twitter: Liberal democracy depends on institutions. And it depends on those institutions behaving in predictable ways laid out in predetermined rules. As Breyer writes in his new book, “Under the law, what is sauce for the goose is sauce for the gander; and the same is true of the publics willingness to accept judicial decisions with which it disagrees. The rule of law is not a meal that can be ordered à la carte.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="n4UL5x">
But Marshalls lesson to Kagan also revealed a weakness at the heart of liberal democracy. Imagine, for example, a white supremacist whose goal is to maintain segregation and whites-only rule in the Jim Crow South. One way to achieve this is to subvert the rule of law in its entirety — tear down institutions that might allow Black people to achieve political power.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="mYTmYL">
The other way to maintain a white supremacist state is to work within the system. Write a constitution that prohibits Black people from voting. Elect racist judges who will interpret the law to maintain white rule. Craft procedural rules that, while perhaps neutral on their face, are designed to deny legal relief to disfavored groups. Appoint Supreme Court justices who will <a href="https://scholar.google.com/scholar_case?case=4053797526279899410">strike down federal civil rights laws</a> intended to frustrate white supremacy.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xOyjLB">
Liberals, in other words, must <a href="https://archive.thinkprogress.org/democrats-will-botch-the-resistance-against-trump-1f8c211c7b68/">constantly fight a two-front war</a>. They have to prop up institutions that can be captured and used against liberal democracy while also working within the system to control those institutions. Opponents of liberal democracy, meanwhile, can prevail either by capturing those institutions or by tearing them down. In the state of nature, the strong man always wins.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="TBdSsC">
Breyer appears to be betting that the danger of diminished public confidence in one specific institution — the judiciary — outweighs the danger of letting that institution be captured by Trumpy Republicans. I think <a href="https://democracyjournal.org/magazine/51/lets-think-about-court-packing-2/">hes wrong about that</a>. But hes absolutely right to warn liberals against being too quick to weaken institutions that liberalism depends upon.
</p>
<h3 id="MzhsOZ">
Why does Breyer fear a weaker Supreme Court?
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="OboyUa">
Breyers book appears motivated by his opposition to left-leaning calls for Supreme Court reform, but it also lays out a much broader theory of the courts role in a liberal democracy — and of how courts gain the public credibility they need to perform that role.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="reNyF6">
The justice recounts a long history that includes some early low points, such as President Andrew Jacksons <a href="https://scholar.google.com/scholar_case?case=6938475705816460383">refusal to obey an 1832 decision</a> protecting the rights of Cherokees (Jackson eventually sent federal troops to force the Cherokee people to relocate to Oklahoma, along what is now known as the Trail of Tears).
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="JwpXaD">
As our nation matured, in Breyers account, the public developed more respect for the Court, and presidents grew more inclined to honor its decisions. President Harry Trumans decision to follow a <a href="https://www.law.cornell.edu/supremecourt/text/343/579">wartime opinion</a> preventing him from seizing control of privately owned steel mills is a high point in Breyers narrative.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="nBmitb">
Much of Breyers portrait of history is debatable. He paints the eventual failure of the Jim Crow Souths massive resistance to <em>Brown v. Board of Education </em>as a triumph for the Court. But the decision in <em>Brown</em> accomplished very little in the deep South until Congress took aim at segregation with the Civil Rights Act of 1964. On the eve of that laws passage a decade after <em>Brown</em>, only <a href="https://www.thenation.com/article/archive/brown-v-board-education-didnt-end-segregation-big-government-did/">one in 85 southern Black children</a> attended a desegregated school.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rmMzd7">
Breyer also offers some unexpected praise for <a href="https://www.law.cornell.edu/supct/html/00-949.ZD.html"><em>Bush v. Gore</em></a><em> </em>(2000), or at least for the aftermath of that decision. Using <a href="https://www.vox.com/2020/8/6/21355564/trump-nevada-vote-by-mail-ab4-cegavske-sisolak-supreme-court">highly dubious legal reasoning</a>, <em>Bush</em> effectively awarded the presidency to George W. Bush. Breyer was one of four dissenters in the case.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="mgMcpZ">
Yet, as Breyer notes, “Despite the huge stakes involved, despite the belief of half the country that the Court was misguided, Americans accepted the majoritys holding without violent protest.” Former Vice President Al Gore, who many still believe rightfully won the 2000 election, told his supporters not to “trash the Supreme Court.” By <em>Bush</em>, Breyer writes, “acceptance of the Courts decisions, respect for those decisions even when one considers them wrong, had become virtually habitual.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3nj4BU">
In Breyers mind, this respect for judicial decisions — even in wrongly decided cases — appears to be an unalloyed good. Over time, he writes, “The American people … gradually adopted the custom and habit of respecting the rule of law, even when the law included judicial decisions with which they strongly disagreed,” and the Supreme Court “gradually expanded its authority to protect an individuals basic constitutional rights, even during a time of war.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="8pE3QN">
To Breyer, an occasional bad decision, even a hugely consequential one like that in <em>Bush,</em> is a small price to pay for maintaining an institution that can prevent elected officials from trampling our constitutional rights.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="jnijs8">
But what happens if the Court becomes hostile to these very same rights? What happens, for example, if decisions such as <em>Bush</em> become routine, and the Court frequently intervenes in elections to install candidates who belong to the same political party as a majority of the justices? What happens if the Supreme Court dismantles what remains of the Voting Rights Act (its already <a href="https://www.vox.com/22286213/supreme-court-voting-rights-act-arizona-brnovich-democratic-national-committee-republican-party">destroyed most of it</a>), thereby opening the door to Jim Crow voter suppression in the process? What happens if the Court forbids state supreme courts or Democratic governors from blocking Republican-drawn gerrymanders, something four justices have <a href="https://www.vox.com/21540145/supreme-court-brett-kavanaugh-disputed-election-wisconsin-pennsylvania-north-carolina">already signaled they may be willing to do</a>?
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="EIhLZF">
The most troubling provision of Georgias new voting law permits the states Republican-controlled legislature to effectively seize control of local election boards, which have the power to <a href="https://www.vox.com/2021/5/8/22422768/supreme-court-voting-rights-florida-georgia-ron-desantis-john-roberts-suppression-crawford-shelby">disqualify voters and close polling places</a>. What happens if Georgia Republicans shut down half the precincts in the Democratic stronghold of Atlanta, and the Supreme Court does nothing as tens of thousands of Democratic voters give up in frustration rather than wait in hours-long lines to cast a ballot?
</p>
<div class="c-float-right c-float-hang">
<aside id="LnqAuo">
<q>“A judges loyalty is to the rule of law, not the political party that helped to secure his or her appointment” —Justice Breyer</q>
</aside>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Q3V2fw">
I asked Breyer a version of these questions at a <a href="https://www.youtube.com/watch?v=bHxTQxDVTdU">lecture he delivered at Harvard Law School</a> in April (Breyers book is derived from this lecture, and Harvard allowed members of the public to submit questions to the justice).
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Kx3sKy">
“Should we accept the proposition that public acceptance of judicial decisions is a <em>per se</em> good?” I asked Breyer. I provided a few examples of cases where it might be appropriate to resist the decision, such as if the Supreme Court “so dismantles our voting rights that we cease to have a meaningful ability to elect a government that is not led by the same political party the controls the Supreme Court.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="7B26aZ">
Breyers response to my question was twofold. The first was a warning about what can happen should the public turn away from accepting judicial decisions. “Go turn on the television set,” he warned, “and go look at what happens in countries that try to do without” a rule of law grounded in deference to judicial rulings.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NMKXtu">
Then he seemed to admit there may be circumstances where such deference should be abandoned, though only if those circumstances were truly extraordinary. “What about Hitler?” Breyer asked rhetorically, before denying that anyone currently on the Court reaches that bar — “We dont have Hitler.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="XqR6Sr">
No serious person would claim that, say, Brett Kavanaugh or Amy Coney Barrett is the moral equivalent of a Nazi. But Breyer is either asking us to accept a Supreme Court that could entrench the Republican Partys power, or denying we have such a Court right now.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="e5rHat">
If the former is true, he should explain why the “rule of law” is worth maintaining if the people have no control over who writes the laws. If hes claiming the latter, well, I hope hes correct. But, should he allow his seat on the Supreme Court to be filled by another Clarence Thomas or Neil Gorsuch, both of whom have <a href="https://www.vox.com/2020/11/3/21546419/supreme-court-2020-election-question-pennslyvania-minnesota-texas-north-carolina">called for extraordinary new constraints on voting rights</a>, he may not remain correct for very long.
</p>
<h3 id="G4Zvkg">
Whos to blame?
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="KbKUoq">
I will confess that one reason I find Breyers new book so frustrating is because he deflects arguments that the judiciary should be blamed for public perception of partisanship and instead places some of the blame on, well, me.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="wLhCSZ">
“We have seen a gradual change in the way the media, along with other institutions that comment upon the law, understand and represent the judicial institution,” Breyer writes in one section attempting to explain why his vision of the “rule of law” is under threat. “Several decades ago, few if any of these reporters and commentators, when reporting a decision, would have mentioned the name or political party of the president who had nominated a judge to office. Today the media do so as a matter of course.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="jSpF1Z">
Its not entirely clear whether Breyer is correct about how the press used to cover the Court, at least when it comes to politically charged cases. The day after <a href="https://www.law.cornell.edu/supremecourt/text/410/113"><em>Roe v. Wade</em></a> (1973) was decided, for example, <a href="https://timesmachine.nytimes.com/timesmachine/1973/01/23/issue.html">the New York Times</a> noted President Richard Nixons opposition to “liberalized abortion policies,” before adding that “three of the four Justices Mr. Nixon has appointed to the Supreme Court voted with the majority.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="b0JgQr">
Similarly, although Breyer criticizes journalists who “systematically label judges as conservative or liberal,” the Times also described a <a href="https://scholar.google.com/scholar_case?case=10553454701062806540">landmark 1937 decision</a> ending the Courts resistance to the New Deal as significant, in part because five justices joined together to “<a href="https://timesmachine.nytimes.com/timesmachine/1937/04/13/issue.html">make the new liberal majority of the Supreme Court</a>.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="TNkbM4">
I cannot speak to why many modern-day Supreme Court reporters tend to refer to judges by noting who appointed them, what party they belong to, or whether they are “liberal” or “conservative.” But I can speak for myself. I do so because it is my job to describe the Supreme Court as accurately as I can, and I believe the most accurate way to do that is to present the justices as people whose politics and ideologies matter.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="r0GcOS">
I <a href="https://www.vox.com/2019/5/29/18644061/mitch-mcconnell-supreme-court-hearings-2020-merrick-garland">agree with Senate Minority Leader Mitch McConnell</a>, for example, that it matters a great deal whether Obama nominee Merrick Garland or Trump nominee Neil Gorsuch sits on the Supreme Court. I also agree with Republicans that <a href="https://www.vox.com/2020/9/29/21456409/senate-democrats-boycott-amy-coney-barrett-confirmation-demand-justice">Trump nominee Amy Coney Barrett</a>s appointment to the Court makes it likelier to issue decisions favoring the GOP than if Biden had filled the vacancy opened up by Justice Ruth Bader Ginsburgs death.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ZvykoH">
I believe Republicans correctly identified Gorsuch and Barrett as judges likely to reach conservative conclusions in future decisions. I believe Republicans also correctly identified Garland as someone likely to reach liberal decisions in future cases. I believe Republicans were also correct that anyone Biden nominated would be significantly more liberal than Barrett.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="6WSHrc">
And, just in case this isnt already clear, I also believe it matters a great deal whether Breyer is replaced by a Democrat or a Republican.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="yWK4F1">
To be fair, Breyer doesnt really try to defend the indefensible claim that Gorsuch does not take a “conservative” approach in the sort of politically charged cases that divide the Court, or that Ginsburg was not “liberal.” Instead, he absolves his colleagues by arguing that they act entirely in good faith: “My experience from more than thirty years as a judge has shown me that anyone taking the judicial oath takes it very much to heart,” he writes.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="g4t2d3">
Theres no reason to doubt the good faith of someone like Gorsuch, who I believe honestly thinks he is applying “the law” when handing down decisions that align with the Republican Partys preferred outcome in a particular case.
</p>
<div class="c-float-right">
<figure class="e-image">
<img alt=" " src="https://cdn.vox-cdn.com/thumbor/U4EA0YG0HlGUzAhG6Z_7x3pEgnE=/800x0/filters:no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/22544700/GettyImages_90172689_copy.jpg"/> <cite>Chip Somodevilla/Getty Images</cite>
<figcaption>
Supreme Court Justice Stephen Breyer seen during the funeral services of Sen. Edward Kennedy in 2009.
</figcaption>
</figure>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="lmNwPz">
But, as University of Michigan Law School professor Julian Davis Mortenson <a href="https://twitter.com/jdmortenson/status/1394723717251538945">said on Twitter</a>, “Doing law as you understand it can involve using a methodology that produces predictably skewed policy results,” as well as “drawing on what makes sense here intuitions that stem from your policy commitments, maybe even without you realizing it.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="x95Pza">
The thing about Supreme Court justices is they are chosen by partisan presidents, typically from a pool of sitting judges with long records reflecting their tendencies to reach liberal results, conservative results, or some mix of the two. Presidents, in other words, do not need to search for partisan hacks to find nominees who are likely to decide cases in ways they will like. They just have to find nominees with demonstrated records of reaching decisions — all while acting entirely in good faith — the presidents party agrees with.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="nHNWRi">
All of that said, it is true modern-day presidents tend to do a better job of identifying justices who share their ideology compared with presidents from even a few decades ago. When <a href="https://www.law.cornell.edu/supremecourt/text/343/579">the <em>Steel Seizure</em> case</a> Breyer praises reached the Supreme Court, all nine justices had been appointed by either Truman or Franklin Roosevelt, both Democrats. Yet six of those justices voted against Trumans position. Three Nixon appointees broke with him on abortion. When the Supreme Court decided to stop sabotaging the New Deal, four of the five justices in the majority had been appointed by Republican presidents.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="PQObTk">
Indeed, as recently as 2009, the Court had two Republican appointees — Justice John Paul Stevens and Justice David Souter — who typically voted with the Courts two Democratic nominees in highly charged cases. (Stevens and Souter dissented in <em>Bush v. Gore</em>, for example.)
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="y8TDRd">
But something significant changed in 2010, when Stevens retired and was replaced by Kagan. For the first time in US history, the Court had a coherent bloc of five conservative justices who were all nominated by one party, and a bloc of liberal justices who were all appointed by the other. Today the Court has a 6-3 conservative majority, but the same partisan pattern still stands.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="KPeCAK">
So if journalists are likelier to refer to justices in partisan terms than they were a few decades ago, thats probably because the Court is quite literally more partisan today than ever before.
</p>
<h3 id="TBm6kd">
Depoliticizing the Court — and restoring democratic norms — will not be easy, and it may not be possible
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="gg1d2M">
One of the most influential books of the early Trump years was Steven Levitsky and Daniel Ziblatts <a href="https://www.amazon.com/How-Democracies-Die-Steven-Levitsky/dp/1524762938"><em>How Democracies Die</em></a>.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="wLOxqX">
When modern democracies fail, the two Harvard professors write, they typically fail without the drama of a military coup or successful putsch. Instead, they “die at the hands not of generals but of elected leaders … who subvert the very process that brought them to power.” Often, this process happens “slowly, in barely visible steps.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="1Qi59L">
Steps such as the Supreme Court striking down much of the Voting Rights Act, <a href="https://www.vox.com/2021/5/8/22422768/supreme-court-voting-rights-florida-georgia-ron-desantis-john-roberts-suppression-crawford-shelby">paving the way for states to enact voter suppression laws</a> the Court then upholds.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="E1Y0TD">
One warning sign that a democracy is in trouble is when leaders start to abandon informal norms that arent written into any law but are no less essential to liberal society than the rule of law or individual rights. “Two basic norms [that] have preserved Americas checks and balances in ways we have come to take for granted,” Levitsky and Ziblatt write, are “mutual toleration, or the understanding that competing parties accept one another as legitimate rivals, and forbearance, or the idea that politicians should exercise restraint in deploying their institutional prerogatives.”
</p>
<figure class="e-image">
<img alt=" " src="https://cdn.vox-cdn.com/thumbor/t18SHctIf5zCyDwlI0TqAFSWCnk=/800x0/filters:no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/22544713/GettyImages_1232482724_copy.jpg"/> <cite>Erin Schaff/AFP via Getty Images</cite>
<figcaption>
The current US Supreme Court led by Chief Justice John Roberts, pictured this year.
</figcaption>
</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="eccpmr">
A president shows mutual toleration when they <a href="https://www.vox.com/2020/9/24/21453184/trump-peaceful-transfer-of-power-mail-voting-supreme-court-ginsburg">peacefully cede power</a> after losing an election. A lawmaker shows mutual toleration when they accept the result of this election and <a href="https://www.vox.com/2021/1/9/22222134/hawley-and-cruz-calls-to-resign-overturn-election">do not try to overturn it</a>. Citizens show mutual toleration when they peacefully accept their leader has lost without <a href="https://www.vox.com/22217039/capitol-attack-trump-rally-election-biden-explained">taking violent steps to restore them to power</a>.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="nXQ6Nu">
Similarly, senators exercise forbearance when they <a href="https://www.vox.com/2019/5/29/18644061/mitch-mcconnell-supreme-court-hearings-2020-merrick-garland">follow the ordinary process for confirming a presidents judicial nominees</a>, even if that president belongs to the opposite party. Justices exercise forbearance when they <a href="https://www.vox.com/2021/5/18/22440256/brett-kavanaugh-supreme-court-edwards-vannoy-abortion-criminal-justice-constitution-stare-decisis">respect and continue to apply legal precedents</a>, even those they disagree with.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="lWFWyY">
American democracy, in other words, is in deep trouble. Republicans at all levels have abandoned the norms of mutual toleration and forbearance, which, according to Levitsky and Ziblatt, are the glue that has kept our democracy together.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="4Rl9O2">
The most charitable reading of Breyers decision to scold his fellow liberals at a time when American democracy is endangered by conservatives is that he wants to preserve the very norms Levitsky and Ziblatt praise as essential to maintain a democracy. Though Republicans didnt show forbearance by giving Merrick Garland a confirmation hearing and a floor vote, Democrats can show forbearance in not retaliating by adding seats to the Supreme Court.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ChZbzl">
But theres no norm against judges announcing their retirement when a president of their own party is in office — <a href="https://www.vox.com/policy-and-politics/2018/6/27/17510800/anthony-kennedy-retiring-read-statement">just ask former Justice Anthony Kennedy</a>. And to the extent Breyer hopes to pressure his party into honoring norms the opposing party rejects, hes probably fighting a losing battle.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tDxbbW">
In a <a href="https://www.washingtonpost.com/news/wonk/wp/2018/02/06/dont-kid-yourself-the-future-is-bleak/">2018 interview</a> with the Washington Posts Matt OBrien, Ziblatt warned that once a major political party abandons norms such as forbearance and mutual toleration, a death spiral may be inevitable. In every country hes studied, Ziblatt told OBrien, ”No matter how long the [norm-respecting party] holds out, they will eventually respond tit for tat.” Ziblatt also said he “[couldnt] think of” any nation that has broken this cycle.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="24MHLY">
This suggests that if American democracy is to survive, Americans who believe in it need to write a playbook no one else has succeeded in creating. It means we have to make devilish choices about when to preserve institutions and when to weaken institutions that turn against democracy. And it means we have to make these choices despite internal dissent among liberals about which path to take.
</p>
<ul>
<li><strong>The bipartisan consensus on broadband is a mirage</strong> -
<figure>
<img alt="US President Joe Biden, center right, wears a protective mask while speaking during a meeting in the Oval Office of the White House in Washington, DC, on May 13, 2021." src="https://cdn.vox-cdn.com/thumbor/WZ9fdZXp61vTpEyqkzfTgSDLJpc=/167x0:2834x2000/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/69357973/GettyImages_1232869782.0.jpg"/>
<figcaption>
Members of Congress are focused on funding broadband connection through the infrastructure package. | T.J. Kirkpatrick/The New York Times/Bloomberg via Getty Images
</figcaption>
</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
Biden wants more publicly funded internet. Cable companies and Republicans, not so much.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="CNq0Dz">
Theres a tense fight in Washington between Republicans and Democrats over President Bidens infrastructure plan, from the amount of funding in it to the very <a href="https://www.vox.com/2021/4/2/22364100/biden-human-infrastructure-jobs-plan">definition of infrastructure</a>. But on the question of addressing the internet and bridging the digital divide, there appears to be resounding agreement that broadband is very, very important and very, very bipartisan. This is a mirage.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="gqcFPg">
Earlier this week, Vice President Kamala Harris met with members of Congress from both parties to <a href="https://www.youtube.com/watch?v=MuHU0F1EXKE">hammer out the logistics</a> of funding broadband through the infrastructure package, saying the subject is one Americans see as nonpartisan. Sen. Amy Klobuchar told <a href="https://www.duluthnewstribune.com/news/government-and-politics/7047853-Sen.-Amy-Klobuchar-Bipartisan-agreement-on-broadband-expansion-looks-very-promising">local media in Minnesota</a> that discussion was just focused on “nuts and bolts.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="GZBYe1">
While Republicans and the White House are still debating the cost of the overall infrastructure package, they have come to an agreement on how much the package should spend on broadband — $65 billion — after Biden <a href="https://arstechnica.com/tech-policy/2021/05/biden-cuts-35b-from-broadband-plan-amid-gop-opposition-deal-still-unlikely/">agreed to compromise</a> <a href="https://www.reuters.com/technology/white-house-would-back-smaller-broadband-internet-boost-2021-05-21/">last week</a>. The new figure represents a significant reduction from his original broadband proposal, which had a <a href="https://www.vox.com/recode/22363028/biden-infrastructure-broadband-american-jobs-plan">$100 billion</a> price tag. White House press secretary Jen Psaki <a href="https://www.whitehouse.gov/briefing-room/press-briefings/2021/05/21/press-briefing-by-press-secretary-jen-psaki-may-21-2021/">said</a> the decision was “all in the spirit of finding common ground.” It appears the details are still being figured out.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="L4L9nY">
But even though the parties have settled on a number, there isnt a consensus on how broadband should actually work and who should be prioritized through federal efforts. Coming to an agreement on funding broadband is just one piece of the puzzle, and there are deep fault lines and disagreements over what that funding should aim to accomplish that could significantly impact who gets connected and who really benefits. Republicans and Democrats alike have said that the pandemic highlighted the internets crucial role in everyday life, but they have fundamental disagreements on the share of the pie that traditional cable providers should have.
</p>
<div class="c-float-right">
<div id="RviTYs">
<div>
</div>
</div>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="1gWfTE">
One key disagreement is a long-simmering debate<strong> </strong>over the idea of municipal broadband. Throughout the United States, some local governments, nonprofits, and co-ops have made long-term investments to build their own broadband networks without relying on the private sector. Biden is a big fan of this approach. The White House <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/">calls these municipal broadband networks</a> “providers with less pressure to turn profits and with a commitment to serving entire communities.” Notably, large cable companies that benefit from being the only provider in many areas dont like this competition, and they <a href="https://www.propublica.org/article/how-states-are-fighting-to-keep-towns-from-offering-their-own-broadband">have even lobbied for legislation banning them</a>. Broadband Now, an internet provider website, says municipal broadband is now restricted in <a href="https://broadbandnow.com/report/municipal-broadband-roadblocks/">at least 18 states</a>.
</p>
<aside id="Z7WIJx">
<div>
</div>
</aside>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="O97tLT">
Some efforts have succeeded anyway. The Electric Power Board of Chattanooga, Tennessee, <a href="https://www.vox.com/recode/2020/9/10/21426810/internet-access-covid-19-chattanooga-municipal-broadband-fcc">managed to build its own gigabit broadband network</a>, despite opposition, including from the cable provider Comcast (Comcast is an investor in Vox Media, which owns Recode). Biden wants efforts like Chattanoogas to be eligible for funding from his infrastructure plan.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="6omjzI">
But congressional<strong> </strong>Republicans are opposed, saying <a href="https://www.rpc.senate.gov/policy-papers/broadband-in-america">there are places</a> where municipal hasnt worked and has left taxpayers in debt, as the Senates Republican Policy Committee argued in a brief published <a href="https://www.rpc.senate.gov/policy-papers/broadband-in-america">earlier this month</a>. Some House Republicans have even proposed national legislation limiting <a href="https://arstechnica.com/tech-policy/2021/02/gop-plan-for-broadband-competition-would-ban-city-run-networks-across-us/">these kinds of networks</a>. NCTA, a lobbying organization that represents a wide range of media and telecom companies, including Comcast, Charter, and Cox Communications, has <a href="https://www.ncta.com/media/media-room/statement-of-michael-powell-president-ceo-ncta-the-internet-television-association-regarding-the-white-house-infrastructure-plan">said</a> of Bidens plan that “shared goals are not served by suggesting wrongly that the entire network is ailing and that the solution is either to prioritize government-owned networks or micromanage private networks.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="vRHkpA">
“The cable and telephone lobbyists for a long time have argued that this is socialism, that it is harming American businesses,” Christopher Mitchell, who directs the community broadband program at the Institute for Local Self-Reliance, told Recode. “The lobbyists who have wanted to stop broadband competition have recognized that the ideology of the Republican Party is one that is deeply skeptical of public investments.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="15iB5D">
Public versus private investment is not, however, the only fault line in the recent bipartisan consensus over funding broadband. Theres also long and ongoing disagreement between Republicans and Democrats over what kind of technology should be deployed to facilitate these internet connections. Right now, many get their internet routed to their homes through coaxial cable networks, while some are still dependent on DSL-copper phone lines, <a href="https://www.vox.com/recode/2020/9/10/21426810/internet-access-covid-19-chattanooga-municipal-broadband-fcc">which are even slower</a>. Biden thinks that should change, and that US broadband should be high-speed and “<a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/">future proof</a>,” a term Republicans have interpreted as code for fiber. Fiber, advocates have argued, would last for decades and could be easily adjusted to account for higher and higher speed demands.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="UY1YaK">
But Republicans have said that the Biden definition of high-speed and “future proof” would make too many households eligible for subsidies that could go to people who dont necessarily need internet updates. Theyve also accused Democrats of trying to subsidize “faster speeds [that] allow more lavish internet uses,” like streaming content in 4K, which could close off innovation, putting their “thumb on the scale” by prioritizing one type of technology: fiber. Back in February, Republicans on the House Energy and Commerce Committee proposed a suite of 28 bills focused on <a href="https://republicans-energycommerce.house.gov/news/press-release/ec-gop-leaders-unveil-the-boosting-broadband-connectivity-agenda/">deregulation</a>, and during one March hearing, Rep. Bill Johnson (R-OH) <a href="https://www.sentinelsource.com/news/economy/cable-firms-fear-being-left-in-dust-in-biden-broadband-quest/article_60e50fb9-cdfb-5a20-b98d-3b47fa446613.html">called</a> focusing on building up high-speed internet as the “exact opposite of what needs to happen,” and would leave rural Americans behind.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="1QW0ko">
There are companies that are moving ahead with fiber on their own or that will need it in order to build out 5G networks. But legacy cable providers likely benefit if the government doesnt prioritize this type of connection. (NCTA, the lobbying group, has argued, for instance, that federal money should focus instead on areas with <a href="https://www.bloomberg.com/news/articles/2021-05-06/cable-firms-fear-being-left-in-dust-in-biden-fast-internet-quest?sref=Wg6QzS2e">very bad internet connectivity or none at all</a>.)<strong> </strong>Traditional cable providers, who can be the only internet providers for some consumers, dont necessarily want to have to compete with new options based on fiber, explains Ernesto Falcon, senior legislative counsel at the Electronic Frontier Foundation, pointing to companies like Comcast and Charter.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="PALyq3">
But<strong> </strong>Biden and those who support his plan say that focusing on these more advanced systems is important because demand for internet is only going to increase and that the country needs to invest in technology that can last for decades.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="s7XXXN">
“This is a once-in-a-lifetime investment that we can make,” says Greg Guice, the government affairs director at Public Knowledge. “If you rely on some of these older technologies, like copper, then you simply cant get the speed out of them that you need to really, as you think down the road, for the kinds of demands that are going to be on the network.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Ehbwa8">
Underlying the tensions between Republicans and Democrats are differing opinions on the scope of the challenge. Republicans and cable companies want to concentrate the broadband discussion on areas and communities that have very little connectivity at present. Moving to high-speed and fiber, they argue, shouldnt be the focus. But Democrats, along with some Republicans, have said the country should have a higher standard for internet speeds. That approach, Guice explains, would lend more support for building out fiber, and also frame the broadband question in a way that includes suburban and urban communities where internet connection is lacking.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NmcxJJ">
While the Federal Communications Commission has estimated that about <a href="https://www.fcc.gov/about-fcc/fcc-initiatives/bridging-digital-divide-all-americans">30 million Americans dont have access to broadband</a>, that doesnt include the people who might technically have access to the internet but <a href="https://www.vox.com/recode/22363028/biden-infrastructure-broadband-american-jobs-plan">cant afford it</a>, a problem exacerbated in areas where theres just one internet provider. Theres also the process thats called “<a href="https://www.eff.org/deeplinks/2021/01/fcc-and-states-must-ban-digital-redlining">digital redlining,</a>” where internet providers have left communities of color and lower-income communities with worse internet access.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="jgCDJR">
Its not clear whether these tensions will be resolved in this latest infrastructure debate. After all, the pandemic has made abundantly clear that being connected isnt just about having internet access. Its crucial to have internet thats good enough to support multiple people using multiple devices at the same time, and who might need that connection to do anything from work to learn to attend a medical appointment. Advocates for future-proofing say fiber not only will last longer but acknowledges that demand for internet wont decline or stay stagnant. It will only grow.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3GxVOE">
As Guice says, “Would we think its reasonable to add a dirt lane to I-95?”
</p></li>
<li><strong>Ohios vaccine lottery is a winner no matter what</strong> -
<figure>
<img alt="" src="https://cdn.vox-cdn.com/thumbor/oEwGDt9b65Gf2cb4C9OWv7QHEzc=/0x0:4373x3280/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/69357625/1232871329.0.jpg"/>
<figcaption>
A 13-year-old boy celebrates as he gets his vaccine in Hartford, Connecticut, on May 13, 2021. | Joseph Prezioso/AFP via Getty Images
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
The wacky idea could have failed. It was always worth trying.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="UOFBHr">
This week, the state of Ohio <a href="https://voxcom.cmail19.com/t/d-l-qdikiyk-slthittku-t/">held a lottery</a> for vaccinated people that gave $1 million to a <a href="https://voxcom.cmail19.com/t/d-l-qdikiyk-slthittku-i/">very lucky person</a>. And while Im upset that I, a vaccinated Ohioan, didnt win, it looks like the lottery is giving the states vaccine rollout a boost.
</p>
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Heres how it works: Every Wednesday through June 23, the state will randomly name two people from its database of vaccinated people. One of those people will come from the 12- to 17-year-old group, getting a four-year, full-ride scholarship to an Ohio state college or university. The other lucky person will come from the 18-and-older group, winning $1 million.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="V5nROF">
The lottery was announced on May 12. Based on Ohios data, the state saw a 47 percent increase in first shots among people 18 and older from May 14 to 19 compared to May 7 to 12. There was also a 94 percent increase among 16- and 17-year-olds in the same period. (There arent numbers for the 12-to-15 group because they became eligible for vaccines the same day as the lottery announcement.)
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On the other hand, <a href="https://voxcom.cmail19.com/t/d-l-qdikiyk-slthittku-d/">data</a> from the Centers for Disease Control and Prevention (CDC), provided by <a href="https://twitter.com/DataDrivenMD">Stanfords Jorge Caballero</a>, shows that vaccination for people 18 and older in Ohio actually dropped by 22 percent during this period.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="3XpVWC">
This is almost certainly due to a data reporting quirk: While Ohios numbers are based on when a first shot was administered, the CDCs are based on when a first shot was reported. So Ohios data is more likely to catch the effect of the lottery in real time.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="pEHhhT">
Even the CDC data, though, shows that Ohios vaccination numbers for the 18-plus group have trended a bit better than the USs figures since the lottery announcement, with the state pulling ahead of the nation after lagging in early May.
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<figure class="e-image">
<img alt="A chart comparing changes in vaccination rates among Ohioans 18 and older versus all Americans 18 and older. " src="https://cdn.vox-cdn.com/thumbor/ydvHkibb1xNfn5bo6WfVqQ4gjcs=/800x0/filters:no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/22546207/Ohio_s_vaccine_lottery_large.png"/>
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tqd4QE">
That suggests Ohio is doing something better than America as a whole. It could be the lottery. It could also be another thing entirely — maybe some local outreach groups in the state really stepped up their efforts recently. Well need more rigorous analyses and studies to know for sure.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="O84lwd">
But whether Ohio made the right move shouldnt come down to the lotterys success or failure — because these unusual, headline-grabbing incentives are the kinds of things more states should be trying, even if they ultimately dont work as well as we hoped.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Fryo6l">
Right now, Americas vaccine rollout is in a middling spot. We could hit President Joe Bidens goal of a 70 percent first-shot rate among adults by July 4, but it might be a close call: Daily first-shot rates have <a href="https://voxcom.cmail19.com/t/d-l-qdikiyk-slthittku-h/">more than halved</a> since a mid-April peak, and increasingly, the problem is hesitancy toward the vaccine.
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We dont really know how to fix this. Were in the novel situation of trying to vaccinate the entire population quickly in the middle of a pandemic. So we dont have that many proven solutions — and officials need some creativity and flexibility to figure out what works.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Rz8UiZ">
Thats where these incentives come into play. That includes a lottery, which a few other states are now copying in some form, but also other approaches like $100 payouts and free beer with the vaccines.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="QfTKv8">
Yes, its a bit sad some Americans need incentives to get a potentially lifesaving vaccine while many places around the world clamor desperately for more shots.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="2uDaiS">
But if incentives are what it takes, we cant ignore that reality — the stakes in the fight against Covid-19 are too high.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="psOiC1">
Not all of these efforts will pan out, and some may even end up as expensive blunders. But its worth taking these risks. Otherwise, were going to have a harder time figuring out what works.
</p></li>
</ul>
<h1 data-aos="fade-right" id="from-the-hindu-sports">From The Hindu: Sports</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>Remainder of IPL set to be played in United Arab Emirates</strong> - Nearly 30 IPL games were held in four Indian cities before the league was shut down.</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>BCCI SGM to discuss IPL, T20 WC</strong> - To propose two options to the ICC for the world event</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>Boxing | Panghal, Thapa inch closer to title</strong> - Three more Indian women in finals</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>Iniyan joins Gukesh in lead; Adhiban trails</strong> - A day to forget for Ganguly</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>Champions League | Chelsea stands in Citys way</strong> - The London-based team will aim to deny the Mancunians their maiden title</p></li>
</ul>
<h1 data-aos="fade-right" id="from-the-hindu-national-news">From The Hindu: National News</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>State breathes easy as Naval Dockyard teams repair oxygen generation plants</strong> - They thoroughly inspected the systems and worked out solutions</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>COVID-19 curbs in 15 grama panchayats</strong> - Test positivity rate in these is above 34%</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>Signature video of First Bell 2.0 ready</strong> - The second edition of the digital classes is to be telecast by KITE VICTERS channel</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>Mamata, chief secy insulted PM by not attending cyclone review meeting: Suvendu</strong> - “I have no word to criticise the way the West Bengal Chief Minister and the Chief Secretary insulted the prime minister,” Mr. Adhikari, a BJP MLA, told reporters in a virtual press conference.</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>Man booked for false promise of hospital bed at NIMS for COVID-positive patient</strong> - An inquiry revealed that the individual was not an employee of the hospital.</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>Taksim Square: Erdogan inaugurates controversial mosque in Istanbul</strong> - Plans for the mosque, which towers over a monument to the secular republic, sparked protests in 2013.</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>Belarus plane diversion: Putin plays down crisis at talks with Lukashenko</strong> - Russias president dismisses outrage over Belaruss diversion of a jet to arrest a dissident journalist.</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>Covid: EU approves Pfizer-BioNTech jab for 12-15 year olds</strong> - German leaders say that vaccinations of children aged over 12 can start on 7 June.</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>Germany officially recognises colonial-era Namibia genocide</strong> - But campaigners say aid worth more than €1.1bn is not enough to address the suffering inflicted.</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>Tiziana Cantone: Italian womans body to be exhumed in murder probe</strong> - Tiziana Cantone was thought to have taken her life in 2016 after a video of her having sex went viral.</p></li>
</ul>
<h1 data-aos="fade-right" id="from-ars-technica">From Ars Technica</h1>
<ul>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Trinitite: The radioactive rock buried in New Mexico before the Atari games</strong> - From the archives: A short story about a strange glass. - <a href="https://arstechnica.com/?p=527545">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Rewilding: Four tips to let nature thrive</strong> - Comprehensive international study on rewilding has practical tips to re-establish nature. - <a href="https://arstechnica.com/?p=1768632">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>NASA budget goes all-in on science, stays the course on Moon lander</strong> - “The goal is 2024, but I think we have to be brutally realistic.” - <a href="https://arstechnica.com/?p=1768626">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>AT&amp;T/Verizon lobby keeps claiming that home-Internet prices are dropping</strong> - USTelecoms “Broadband Pricing Index” doesnt measure what the average user pays. - <a href="https://arstechnica.com/?p=1768607">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>CDC loosened mask guidance to encourage vaccination—it failed spectacularly</strong> - FDA approval and paid time off would make people more likely to get a shot, poll finds. - <a href="https://arstechnica.com/?p=1768580">link</a></p></li>
</ul>
<h1 data-aos="fade-right" id="from-jokes-subreddit">From Jokes Subreddit</h1>
<ul>
<li><strong>A king suspected that his queen was being unfaithful</strong> - <!-- SC_OFF -->
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So he secretly taped a tiny razor blade to her vagina. Three days later, he ordered his knights to drop their pants. They all had bandaged penises, except for one. The king said to him, “I always knew you were my most loyal knight!”
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He replied, “It wath nothing, your magethy”
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/Hideous__Strength"> /u/Hideous__Strength </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/nnblq2/a_king_suspected_that_his_queen_was_being/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/nnblq2/a_king_suspected_that_his_queen_was_being/">[comments]</a></span></p></li>
<li><strong>Satan arrives to welcome a new damned soul to hell.</strong> - <!-- SC_OFF -->
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“Congratulations!”, he says, “You wasted your entire pitiful life!”
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“Well,” the man replies, “at least Im not a adult living in my fathers basement.”
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/YZXFILE"> /u/YZXFILE </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/nmvov4/satan_arrives_to_welcome_a_new_damned_soul_to_hell/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/nmvov4/satan_arrives_to_welcome_a_new_damned_soul_to_hell/">[comments]</a></span></p></li>
<li><strong>As I grow older, I remember all the people I lost along the way…</strong> - <!-- SC_OFF -->
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Maybe being a tour guide wasnt such a great idea after all.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/SleazySerpent1469"> /u/SleazySerpent1469 </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/nnjzj3/as_i_grow_older_i_remember_all_the_people_i_lost/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/nnjzj3/as_i_grow_older_i_remember_all_the_people_i_lost/">[comments]</a></span></p></li>
<li><strong>Our computers went down at work today, so we had to do everything manually…</strong> - <!-- SC_OFF -->
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It took me twenty minutes to shuffle the cards for solitaire.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/crazyfortaco"> /u/crazyfortaco </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/nndf35/our_computers_went_down_at_work_today_so_we_had/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/nndf35/our_computers_went_down_at_work_today_so_we_had/">[comments]</a></span></p></li>
<li><strong>A politician visited a village in Haiti after a devastating hurricane.</strong> - <!-- SC_OFF -->
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Upon arrival, he asked what their needs were.
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”We have 2 basic needs sir,” replied the villager.
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“Firstly, we have a hospital, but theres no doctor.”
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On hearing this, the politician whipped out his cellphone, and after speaking for a while he reassured the village leader that the doctor would be there the next day. He then asked about the second problem.
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“Secondly sir, there is no cellphone coverage anywhere in the village.”
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/MagneticScent"> /u/MagneticScent </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/nnli16/a_politician_visited_a_village_in_haiti_after_a/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/nnli16/a_politician_visited_a_village_in_haiti_after_a/">[comments]</a></span></p></li>
</ul>
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