Susan B. Glasser of The New Yorker reviewed Trump’s acceptance speech and quickly discovered that there was no new Trump. Some thought, after he narrowly escaped assassination, that Trump would lower the temperature on his rhetoric. No way, she reported.
Despite promises to tone down the rhetoric, it didn’t happen.
Soon enough on Thursday night, the audience was back to its comfort zone, booing as Trump criticized “crazy Nancy Pelosi” and warned that the hated Democrats were “destroying our country,” cheering him on as he demanded the firing of union leaders and rambled about the “China virus” and the “plunder” of our nation by rapacious foreigners. The second coming of George Herbert Walker Bush this was not. All the Trump standbys were there: the supposed “invasion” at the southern border, the “caravans” and the illegal alien crime wave, the 2020 election that was stolen from him by Democrats “who used covid to cheat,” the weakness and incompetence of everyone else. The theme of the speech, of the night, of the campaign, was the same theme of Trump’s entire life, summed up in the one word that he had shouted in Pennsylvania on Saturday, before he was carried off the stage, bloodied but intact: “Fight!”
…listening to Trump talk on and on and on this Thursday evening, more than an hour and a half of strange and untruthful and incoherent freestyle rambling, it was hard to think that America was truly on the brink of reëlecting this man. He may have had a brush with death but he has not been reborn. He is the same Trump, only four years older, angrier, and far, far more incoherent than anyone who has any business being President of the United States. If Biden can’t beat him, then surely someone else can—and must.
The internet nearly exploded this February when Wendy’s CEO Kirk Tanner announced that the fast-food chain intended to embrace “surge pricing,” raising the prices of a burger and a Frosty in line with customer demand.
The company had included a mention of “dynamic pricing” in its fourth-quarter earnings presentation, but clarified after the kerfuffle that the announcement of its new digital menu displays had been “misconstrued in some media reports as an intent to raise prices when demand is highest,” and said that it had “no plans to do that.” Instead, the new system would merely allow Wendy’s to “offer discounts and value offers to our customers more easily.”
The snark, which included Sen. Elizabeth Warren (D-MA), ranged from pure outrage to questions of whether the company would also offer “surge pay” to its low-wage workforce. But it’s not like Wendy’s invented price-gouging. A quarter-century earlier, Coca-Cola’s CEO mused about equipping its vending machines with thermometers, and triggering them to raise the price of a soda on a hot day. People hated that too; we just didn’t have social media then.
Wendy’s and Coke aside, surge pricing is spreading. Since deregulation in the late 1970s, airlines have used a form of it, with flights costing more at short notice or at high-demand times of year. Now, the practice has crept into golf courses, hotel rooms, gyms, pubs, and concert venues. Amazon alters its prices every ten minutes. Like Wendy’s, brick-and-mortar retailers are moving to digital price tags, allowing them to surge at will. Consulting firms like Sauce Pricing promise automatic surge pricing at restaurants to boost revenues. A chain bowling alley called Bowlero charged $418.90for two lanes one day last year. Surge pricing “will eventually be everywhere,” the Financial Times, that chronicler of modern capitalism, said last September.
Customers tend to want to know in advance how much something will cost, and though we’re used to the cost of a gallon of gas, or even a quart of milk or a can of Coke, changing over time, those things tend not to fluctuate rapidly over the course of a day or even an hour. People make a distinction between things you need right away and things you could wait for; between luxury items, like market-price lobster at the hottest restaurant in town, and something we all know is cheap and easy, like a Wendy’s cheeseburger.
As companies gather more data available on consumer preferences, the process of algorithmically adjusting prices rapidly based on supply and demand will get easier, affecting all sorts of goods and services we’ve grown to count on. And there’s a case study in how this affects not only consumers but the workers who serve them. You encounter it every time you hit up your phone to find a way home.
IN RECENT YEARS, “SURGE PRICING” has been mostly associated with rideshare companies like Uber and Lyft. It was one of Uber’s earliest sources of bad press, even back when the tech press mostly penned breathless paeans to genius founder-disruptors. Uber took advantage of dysfunctional taxi systems in cities like Washington, D.C., to win goodwill, according to Kafui Attoh, associate professor of urban studies at the City University of New York’s School of Labor and Urban Studies and co-author of Disrupting D.C.: The Rise of Uber and the Fall of the City.
The pricing system was justified as a way to encourage drivers to come out at peak times by offering them more money, something that a regulated taxi system could not offer. It worked, ostensibly, by some combination of three incentives: reducing demand for rides because fewer people could afford the higher price; offering drivers a higher rate if they hit the road; and getting already-working drivers to head to the high-rate zone.
But regulated taxi systems at least offered a steady price that users could count on, whereas Uber’s sudden price spikes turned a short ride home into a luxury good. Uber spokespeople would suggest that riders simply wait for prices to fall again, but anyone who’s ever been stranded at closing time or missed the last subway knows that waiting sometimes isn’t an option.
A reader named Quickwrit summed up why “Medicare Advantage” is inferior to Medicare. Medicare is a federal program. Medicare Advantage is run for profit by private insurance companies. They make a profit by denying services.
Quickwrit writes:
WARNING TO ALL RETIREES!!! So-called “Medicare Advantage” plans TAKE YOU OUT OF FEDERAL MEDICARE and put you into A PRIVATE INSURANCE PLAN!!! So-called “Advantage” plans are aimed at privatizing all of federal Medicare for the profit of private insurance companies. Read pages 61 and 62 of your “Medicare & Me” booklet where it tells you that Medicare Advantage plans are PRIVATE insurance plans and that “each Medicare Advantage plan can charge different out-of-pocket costs and have different rules for how you get your [medical] services.” In so-called “Medicare Advantage” plans you lose your freedom to choose your own doctors and you get hit with all sorts of out-of-pocket costs and copays. And you must use the “Advantage” plan’s so-called “Preferred Provider Organization” (PPO) doctors, specialists, and hospitals. The only “advantage” in a “Medicare Advantage” plan is for the private insurance company’s profits. More and more healthcare providers are dumping so-called “Medicare Advantage” plans and preferring Medicare Supplement (“Medigap”) plans. https://www.usatoday.com/story/news/health/2023/10/27/hospitals-terminate-medicare-advantage-contracts-over-payments/71301991007/
Quickwrit also wrote:
$600 BILLION MEDICARE ADVANTAGE FRAUD THREATENS THE CONTINUED EXISTENCE OF ORIGINAL MEDICARE
A new study published in the respected JAMA Internal Medicine reveals that privatized Medicare Advantage plans have defrauded U.S. taxpayers of at least $600 BILLION in recent years and calls for the abolition of the program before the ongoing fraud kills original Medicare.
“Medicare Advantage plans have, in effect, stolen hundreds of billions from taxpayers,” points out
Dr. Adam Gaffney, professor of medicine at Harvard Medical School and the lead author of the new study, said in a statement that “Medicare Advantage is a bad deal for taxpayers.”
“Money that could be used to eliminate all copayments or shore up Medicare’s Trust Fund is instead lining insurers’ pockets,” said Gaffney. “And the private insurers keep Medicare Advantage enrollees from getting needed care by erecting bureaucratic hurdles like prior authorizations and payment denials.”
Citing data from the nonpartisan Medicare Payment Advisory Commission, the report shows that Medicare Advantage (MA) plans have overcharged the federal government to the tune of $612 billion since 2007 — $82 billion last year alone.
PRIVATE MEDICARE ADVANTAGE INSURANCE COMPANIES ARE BANKRUPTING FEDERAL MEDICARE — which is the purpose for which the Medicare Advantage program was set up in the first place, so that nonprofit government insurance would die and private for-profit insurance companies could go back to business-as-usual.
Gaffney says that the time has come to abolish Medicare Advantage plans in order to save government Medicare.
For those of who have watched Trump over many decades and seen him as a rich playboy who hangs out in nightclubs with a different woman on his arm every time, for those of us who know him as a publicity-seeker who used to call the tabloids and pretend to be his own PR agent hawking tips about his latest exploit, for those who remember him as a crony of Roy Cohn, the elevation to Saint of the Republican Party is incomprehensible. For those of us who watched the insurrection on January 6, the GOP adulation of Trump is baffling.
Will Bunch, a columnist for the Philadelphia Inquirer, attended the Republican Convention in Milwaukee and reported:
MILWAUKEE — I came to the American Heartland to cover a political convention, but all I found was a tent revival, Brother Trump’s Traveling Salvation Show.
The Republican National Convention took just minutes after Monday’s opening gavel to officially nominate its Dear Leader for the third and probably not the last time. The roll call, once the highlight of past conventions, is now an empty ritual. A party platform that was probably written on a Mar-a-Lago cocktail napkin was rammed though with no dissent. RNC schedulersquickly liberated all four nights for the only real purpose they had here in Wisconsin.
The undulating white hats that staked a claim for Texas; the buttoned-down accountants under their ill-fitting, newly purchased red MAGA hats; and the tightly-wound blonde women in their adult cheerleading outfits — all of them populated the crowded floor of the Fiserv Forum wearing a badge that read “Delegate,” but they were only extras in the ultimate reality show. They mildly whooped for the transphobic jokes and Second Amendment bravado of faceless GOP Congressional candidates but by 8 p.m. Central most were sucked by a cosmic force toward the back corner of the floor, iPhones aloft to capture a moment of political transubstantiation.
It reaches fever pitch as the Village People’s gay disco anthem “Y.M.C.A.” floods the massive basketball arena, with images of the Leader’s goofball dancing on a big screen. A house band segues into The Romantics’ “What I Like About You” as he finally enters the long tunnel and climbs to his seat, white bandage covering the stigmata of his right ear, which bled from Butler, Pa. to Milwaukee for the salvation of America and this delirious throng.
In the minutes that follow, vanquished rivals like Nikki Haley or Florida Gov. Ron DeSantis plead for mercy by pledging their undying fealty. The faithful thank their God for intervening Saturday to save Trump and save America. Eventually, the speeches all start sounding like a riff on The Manchurian Candidate: “Donald J. Trump is the kindest, bravest, warmest, most wonderful human being I’ve ever known in my life.”
But the camera is drawn, like a moth to flame, to Trump — head-cocked, absorbing the adulation, probably hoping the TV talking heads are speculating wildly about this obviously changed man. Here in Milwaukee, the political pundits finally saw the thing they’ve been pleading for — unity — and what that really looks like. It looks a lot like Jonestown.
“It seems that our party is really getting unified quite well,” Daniel Bobay, an ex-Californian who retired near Sulphur Springs, Texas, and was attending his first RNC as an alternate delegate, told me inside the Fiserv Forum. It was a variation of a quote I heard again and again and again. Bobay said he hopes the Trump shooting will reduce overheated rhetoric — but only from the media, and not especially from Republicans. “That’s always been the message,” he said with a slight chuckle, referring to tough talk on immigration. “You can’t only build half the wall, or deport only half the people.”
Like any cult, the real mysticism in Milwaukee was the things that went unsaid. I never thought I’d see a four-day national celebration of a presidential candidate who just 45 days earlier had been convicted on 34 felony charges, stemming from his efforts to win the 2016 election by paying off the porn star who would later testify she had sex with him.
Any need to “tone it down” or “lower the national temperature” after Saturday’s shooting in Butler doesn’t undo the fact that all of those disqualifying things have happened. But here’s the other thing: Nobody at the RNC was really toning it down or lowering the temperature. Instead, it was like a weeklong heat dome of baseless accusation settled over eastern Wisconsin.
The harsh tone was set early on Monday, when Wisconsin GOP Sen. Ron Johnson welcomed the faithful to his home state by declaring “the Democrat agenda, their policies, are a clear and present danger to America, to our institutions, our values and our people.” Johnson then claimed that “the wrong speech” had been stuck into the teleprompter.
Really? In that case, the teleprompter guy must have brought all the wrong speeches. Because if there was some kind of memo about a new GOP message of peace, love, and understanding, it was not widely circulated. As I looked on from the upper deck Tuesday night, I heard a string of “everyday Americans” present a nonstop saga of murder, rape, and drug-related deaths. I wasn’t sure at times if I was watching the RNC or if Comcast had reactivated FEARnet. While some of the crimes were committed by undocumented migrants and others they sought to blame on liberal prosecutors, these truly awful, heartbreaking incidents were always tied back to President Joe Biden.
“I hold Joe Biden and Kamala Harris — the border czar, what a joke — and every Democrat who supports open borders, responsible for the death of my son,” a Southern California mom named Anne Fundner, who lost her 15-year-old son to a fentanyl overdose, told the delegates. Fundner burst into tears while the crowd erupted in chants of “Joe must go!” It was a moment which, like so many at the RNC, turned only emotional dials, without context about any link between Biden’s actual policies — or Trump’s, for that matter — and the calamity that befell Fundner’s son.
And look, no one expects convention goers to mount the RNC podium and admit that Biden’s border policies — which refugee advocates say are too strict and too similar to what Trump did — and his recent curbs on asylum have brought southern border crossings to their lowest levels of the 2020s, But did anyone expect that emotional dog-whistle speeches like Fundner’s would be greeted with delegates waving pre-made placards, “Stop Biden’s Border Bloodbath.”
Did they bring “the wrong signs,” just like Johnson brought “the wrong speech”? Or is this how the Republican Party lowers the temperature, even as it commits a type of stochastic terrorism by describing the most awful rapes and murders and telling America: Biden did this? Their version of “tone it down” is…”bloodbath”? Seriously? And yet when I walked around the inner bowels of the Fiserv Forum, RNC delegates swore that only Democrats are responsible for violent rhetoric.
“The level of violent rhetoric on the left has been escalating for years — they’re awful,” Bob Witsenhausen, the GOP county chair of Santa Fe, N.M., an alternate delegate wearing a red MAGA hat autographed by Laura Loomer, told me. He insisted that the “bloodbath” signs were OK because they address undocumented migrants — but he claimed Biden is “trying to label every MAGA Republican as a domestic terrorist.” He slammed Black Lives Matter but when I asked about the violence on Jan. 6, 2021, he replied with debunked tales about undercover FBI and “antifa” infiltrators. “Jan. 6 was a set up. Anybody who has their eyes open can see that.”
But paranoia strikes deep. Big-time Republicans here in Milwaukee like Donald Trump Jr. and the veep pick, Ohio Sen. JD Vance, both said in interviews that “they” had tried to kill the GOP nominee in Butler County. Wait, I thought the GOP absolutely hates “preferred pronouns.” Why are they calling a 20-year-old registered Republican male “they”? What’s more outrageous — that Republicans only want the rhetoric cooled off toward them? Or that the elite media is letting them get away with it?
The bubble of disinformation walled off in downtown Milwaukee from the rest of America by a maze of concrete barriers could be suffocating at times. I kept wondering one thing: What would the great gonzo journalist Hunter S. Thompson have made of all of this? How long before he started seeing hideous green lizards crawling from underneath the MAGA hats of these rhinestone cowboys, before the numbing conformity revealed the psychedelic terror of the grim American future that crawls just underneath the surface?
But even if everything they said here about Biden and his porous border were actually true, there still wouldn’t be enough illicit pharmaceuticals to satisfy the Hunter S. Thompson of 1972, or to make sense of this Republican Kool-Aid acid test. Besides, America needs less hallucination and more clarity.
The 2024 RNC is indeed all about unity, but only the creepiest and most cultist kinds. I saw unity of fear, in a party of ritual humiliation where dissenters like Mitt Romney or Liz Cheney are tossed down the memory hole. I saw the unity of people professing their love of community and a so-called “real America” that looks like the floor of the Fiserv Forum, overwhelmingly white, with any “different” folks pushed down the escalators.
We should be worried about the far right’s Project 2025, but we should be horrified by what we’re seeing right now in 2024, right here in the all-American city of Milwaukee. The cult of personality around Donald Trump is already creating its own reality, starting with his campaign’s refusal to release any medical information about his treatment or prognosis after Saturday’s shooting.
Monday’s shock cancellation of MSNBC’s Morning Joe proved that Big Media can be cowed from asking any tough questions that might pierce this bubble. The mostly desolate city blocks here — with cops on bicycles and helicopters and in large gaggles of officers on street corners — feel like a sneak peek at what Trump has in store for Democratic-run cities if he wins in November.
On Tuesday afternoon, five members of the RNC’s massive security force — imported from Columbus, Ohio, patrolling in a unfamiliar neighborhood one mile away from the Fiserv Forum — confronted a 43-year-old homeless man wielding a knife in an apparent altercation and killed him. The incident is still under investigation, but it felt like an opening volley of a Trump presidency that promises to send law enforcement and even troops into cities like Milwaukee, to round up the homeless or knock on the doors of undocumented migrants.
“Had that been Milwaukee PD, that man would be alive right now,” a neighborhood resident, David Porter, told the Huffington Post. “I know that because they know him.” You could argue that the homeless man, Samuel Sharpe, from the wrong side of the concrete barriers, is the first victim of a Trump restoration. And as the cult of Donald Trump swoons and sways toward November with little resistance, you can probably guarantee he won’t be the last.
Dan Rather is gobsmacked by the short memories of the delegates at the RNC. How could they have wiped their memories of the insurrection of January 6? How could they take pride in nominating a convicted felon? How could they opine for the Trump economy when Biden’s economy has been so successful? How could they endorse a man who still insists that he won in 2020 without a scintilla of evidence? Sore loser.
At their convention in Milwaukee, Republicans see themselves as celebrating what they are convinced is going to be not only a win in November, but an overwhelming one. Among delegates and others on the convention floor and around the hall, there is much chatter about an “avalanche” building.
This, as they have nominated for president a man who tried to overthrow our government.
Their hope is that a majority of voters will simply forget all Donald Trump has done to help himself and hurt this country. That strikes many Americans as falling in the narrow space between revolting and appalling.
And my goodness, the lies are flying fast and furious at the Republican fantasy convention. This glitzed-up affair is full of speeches that don’t even come close to the truth. Here’s how bad it is: Some major news organizations (although unfortunately not all) are fact-checking the speeches live, calling out the lies in real time.
But it’s more than that. Republicans must believe Americans are in a mood to forgive and forget. To forgive the insurrection of January 6 and forget the fact that the former president kept top-secret documents strewn about Mar-a-Lago like last month’s junk mail, among many other indiscretions.
How much airtime and how many column inches will be devoted this week to what the previous president has done to harm our democracy? My guess is almost none. Instead there will be a celebration, one devoid of context. It will be an anointing without proper perspective and analysis. And there will be misleading speech after misleading speech.
Tip of the Stetson to The Washington Post and The New York Times, whose fact-checkers are calling out a myriad of false claims. MSNBC is doing the same in real time. CNN is airing a fact-checking segment after the convention coverage. Unsurprisingly, Fox “News” is airing live speeches unchallenged and unchecked.
So far, the speeches have been riddled with stunning yet emphatically stated lies. Trump, the liar-in-chief, is getting a run for his money in the telling of tales. Over two days, the Post’s fact-checkers have found that convention speakers have made false claims about border crossings, gas prices, fentanyl, tax cuts, Vice President Kamala Harris, peace during Trump’s presidency, voting by migrants, energy independence, the relative wealth of young Americans, and Easter Sunday.
The lies and misinformation are meant to rile and to scare. Texas Senator Ted Cruz actually said this out loud from the convention podium: “Americans are dying, murdered, assaulted, raped by illegal immigrants that the Democrats have released.”
And then there’s the old chestnut, election denialism. According to the Post, 62 convention speakers have previously questioned President Biden’s 2020 election win.
Nikki Haley and Ron DeSantis have capitulated, forgiving Trump for his miserable and untruthful treatment of them when they were running against him. They both gave speeches endorsing him on Tuesday night.
And don’t forget House Speaker Mike Johnson’s claim that the Republican Party is “the law and order team,” as it nominates a convicted felon.
It is no secret that the political nominating conventions lost their significance decades ago. Today, they are nothing more than hour upon hour of campaign advertising, which makes them a great place to court undecided voters. This MAGA convention will be hard-pressed to appeal to middle-of-the-roaders. Republicans can no longer claim to be the party of Lincoln or even of Reagan. It is wholly the party of Trump and his MAGA extremist followers. Their newly anointed vice presidential candidate, JD Vance, is even more extreme on issues like gun control and abortion than Trump.
Vance and the convention speakers are talking some about America’s need for unity, and that’s good, if they actually mean it. But after only two days, they seem to have abandoned the calls for unity and reverted back to the MAGA talking points. Against the backdrop of Republicans celebrating in Milwaukee, let’s hope that most of the rest of the country gives itself a gut check on Trump’s record and the reality of what his victory in November would mean.
Thom Hartmann explains here the importance of one of the U.S. Supreme Court’s recent cases, in which the extremist majority overturned what is known as “the Chevron Deference.” When I first read about this decision, it sounded bad—it basically strips federal agencies of their regulatory powers—but I didn’t realize how bad this decision was the future of the nation until I read Hartmann’s article. He summarized the decision in this way: “The billionaires and polluters who bribed SCOTUS Republicans just legalized poisoning our children and grandchildren.”
In 1904, O. Henry coined the phrase “banana republic” to describe a country where the government supports big business for the exclusive benefit of the morbidly rich. A government of, by, and for what that generation called the “fatcats” or the “robber barons.”
The banana republic-ication of America just kicked into high gear, and, curiously, there’s been a virtual mainstream media blackout about it.
Here’s how it’s happening.
When Steve Bannon was in the Trump White House, he declared one of their goals was to “deconstruct the administrative state.” That same type of language also appears in Project 2025.
Now, fewer than two weeks ago, the six Republicans on the Supreme Court began that process by kneecapping the ability of regulatory agencies to protect the American people from out-of-control polluters, rip-off banks and insurance companies, Big Pharma, and hundreds of other industries and massive corporations that put profits above humans.
They did it by blowing up the Chevron Deference. It’s part of their long-term commitment to turning America into a billionaire- and corporate-run banana republic with an autocrat as president.
The case of Loper Bright Enterprises v. Raimondo ends the power of most regulatory agencies that are so hated by America’s most exploitative industries and the rightwing billionaires they’ve made.
As Senators Whitehouse, Hirono, Feinstein, and Warren noted:
“This case is the product of a decades-long effort by pro-corporate interests to eviscerate the federal government’s regulatory apparatus, to the detriment of the American people.”
So, how did the Supreme Court put the EPA and other regulatory agencies functionally out of business?
It has to do with something called the Chevron deference, a policy established by the Court decades ago to protect just such agencies.
Here’s how regulatory law — using the example of the EPA — is supposed to work (in super-simplified form):
1. Congress passes a law that says, for example, that the Environmental Protection Agency should limit the damage that pollutants in the environment cause to the planet. Congress (the Constitution’s Article I branch of government) defines the broad goal of the legislation, but the Executive Branch (Article II, which encompasses the EPA and other regulatory agencies) has the responsibility to carry it out.
2. The EPA, part of that Executive Branch and answering both to the law and the President, then convenes panels of experts. They spend a year or more doing an exhaustive, deep dive into the science, coming up with dozens or even hundreds of suggestions to limit airborne pollutants, ranging from rules on how much emission cars can expel to drilling and refining processes that may leak or pour poisons into our atmosphere, waters, etc.
3. The experts’ suggestions are then run past a panel of rule-making bureaucrats and hired-gun rule-making experts for the EPA to decide what the standards should be. They take into consideration the current abilities of industry and the costs versus the benefits of various rules, among other things.
4. After they’ve come up with those tentative regulations, they submit them for public review and hearings. When that process is done and a consensus is achieved, they make them into official EPA rules, publish them, enforce them, and the deadly emissions begin to drop.
This is how it worked, for example, with regard to CO2 until June of last year, a process that simply comports with common sense, as the Supreme Court ruled in 1984 when they established the Chevron deference to legitimize and defend our regulatory agencies.
Functionally, this process dates back to 1887, when Congress established America’s first regulatory agency — the Interstate Commerce Commission — to prevent railroads from ripping off shippers and passengers.
It was nailed into law and doctrine with the Chevron deference, articulated by the Supreme Court in 1984, reflecting a century-and-a-half of the will of Congress and presidents of both parties who signed regulatory agencies into existence. It says that once a regulatory agency does its due diligence and determines reasonable rules for a substance or behavior, they then have the legal authority to regulate and the courts should “defer” to the agency (thus the “deference” in the doctrine that emerged from the ruling when Chevron tried to negate an EPA ruling in 1984).
Congress passes laws that empower regulatory agencies to solve problems, the agencies figure out how to do that and put the rules into place, and the solutions get enforced by the agencies. And when somebody sues to overturn the rules, if the courts determine they were arrived at through a reasonable process without corruption, those rules stand.
Then came a group of rightwing Supreme Court justices — including Neil Gorsuch (the son of Reagan’s EPA Administrator, Anne Gorsuch, who resigned in disgrace after trying to destroy the agency — who overturned rules made by the EPA about CO2 emissions from power plants in their June, 2022 West Virginia v EPA decision, taking the first big bite out of the Chevron deference.
Their rationale was that because the legislation that created the EPA doesn’t specifically mention “regulating CO2” but instead let the EPA itself determine what pollutants are dangerous to America and the planet, the agency lacks that power to regulate CO2. And now it has lost that power, the result of that West Virginia v EPA decision two years ago.
The coal, oil, and natural gas industries have been popping champagne corks for two years now, as CO2 levels continue to increase along with the temperature of our planet and the violence of our weather.
In addition to Gorsuch, the Court’s decision-makers in West Virginia v EPA included Amy Coney Barrett whose father was a lawyer for Shell Oil for decades, and John Roberts, Samuel Alito, and Brett Kavanaugh who are all on the Court in part because of support from a network funded by fossil fuel billionaires and their industry (among others) that brought that case and then brought this year’s Loper v Raimondo.
And, of course, there’s Clarence “on the take” Thomas, who supported the Chevron deference 15 years ago but, since being wined and dined by rightwing billionaires, in 2020 wrote:
“Chevron compels judges to abdicate the judicial power without constitutional sanction. … Chevron also gives federal agencies unconstitutional power.”
Giving us a clue to how this went down, all six Republicans on the Court voted to gut the EPA’s ability to regulate CO2 in West Virginia; all 3 Democratic appointees opposed the decision.
“[D]oes not have a clue about how to address climate change…yet it appoints itself, instead of congress or the expert agency…the decision-maker on climate policy. I cannot think of many things more frightening.”
Their ruling was, essentially, that all of that research into the specifics of anticipated regulations — all those hundreds of scientists, millions of public comments, and hundreds of thousands of science-hours invested in understanding problems and coming up with workable solutions — must now be done by Congress and the courts rather than administrative regulatory agencies.
As if Congress and the courts had the time and staff.
As if they was stocked with scientific experts, a much larger budget, and had millions of hours a year for hearings.
As if Republicans in the pockets of fossil fuel billionaires wouldn’t block any congressional action — or those billionaires wouldn’t lavish more gifts on Thomas, Roberts, Alito, Gorsuch, Barrett, and Kavanaugh even if it did.
Republicans on the Supreme Court succeeded in dancing to the tune of the billionaire’s fossil fuel network in the West Virginia v EPA case, but it was narrowly focused on CO2.
In the Loper v Raimondo case, however, the Court explicitly expanded that victory by blowing the entire Chevron deference out of the water, thus ending or severely limiting most protective government regulations in America and opening the door to court challenges to every decision by every regulatory agency established since the last decades of the 19th century.
They’re saying, essentially, that the EPA (and any other regulatory agency) can’t do all the steps listed above: instead, that detailed and time-consuming analysis of a problem, developing specific solutions, and writing specific rules has to be done, they say, by Congress or the courts themselves.
A Congress where arcane rules and gerrymandering have given Republicans the ability to block pretty much any legislation their billionaire patrons pay them to block. And courts filled with lawyers who never set foot in a science classroom.
So now, starting just hours after the Loper Bright ruling, those industries and companies that have chafed under rules and regulations protecting us are on the march. They hope to rule the new banana republic the GOP envisions for us.
So far in the past two weeks, federal courts have stripped over 4 million Texas workers (and soon to be all Americans) of Department of Labor rules requiring overtime payments. It happened hours after the SCOTUS ruling, specifically referencing that ruling.
In Kansas on July 2nd, a federal judge ruled that Title IX “gender identity” non-discrimination protections promulgated by the Department of Education no longer apply to queer students, with the judge specifically citing and quotingLoper Bright:
“The Supreme Court recently held that [this] court ‘need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.’ Loper Bright Enter. v. Raimondo. [This] court must exercise its ‘independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires.’”
It’s been fewer than two weeks since the Court accomplished what Trump and Project 2025 publicly aspired to, but the floodgates have opened.
Dozens of other challenges to protective regulations are already in the works, including, but not limited to:
“[R]egulation by the Food and Drug Administration (FDA), healthcare and product reimbursement, white collar enforcement and investigations, intellectual property, Federal Trade Commission and antitrust enforcement, international trade and national security regulation, public company disclosures, environmental regulation, government contracting, business transactions, and litigation….”
Thousands more will soon clog the federal courts (including the legal status of mifepristone and birth control). The six Republicans on the Supreme Court have unleashed a legal tsunami that, if not reversed by Congress or through expanding the Court, threatens to take Americans back to 1876, when morbidly rich robber barons, landlords, and employers could rip off and poison Americans with impunity.
It’s past time to stand up and speak out, and Dick Durbin’s Senate Judiciary Committee is the logical place to start with subpoeas to bare this Court’s naked corruption. If you agree, you can find Durbin’s phone numbers and addresses here and a list of the Committee’s members here.
And, of course, we must vote a straight Democratic ticket this November.
Every day that goes by without these corrupt judges being held to account by the Senate is another day closer to the end of the functional “government of the people, by the people, [and] for the people,” and our final transition into a genuine, and perhaps irreversible, banana republic.
The United Federation of Teachers worked closely with NYC Mayor Eric Adams to persuade municipal union workers to give up Medicare and accept enrollment in a for-profit Medicare Advantage plan.
Many municipal retirees opposed the changeover. Unhappy retired municipal workers formed an organization which they called the NYC Organization of Public Service Retirees. They concluded that the quality of their healthcare would decline if they accepted enrollment in a Medicare Advantage plan. MA might not accept their preferred doctors, and they would run the risk of being denied permission for treatment that their own doctor recommended. The retirees fought the city and their unions to block the switch to MA. They won in the state courts, and they won control of the retirees’ sector of the UFT.
Following the retirees’ victory in the courts and in the union elections, Michael Mulgrew announced that he would no longer support MA. Now the retirees are asking for the active help of the UFT.
As you know, we’ve been fighting for years to preserve our health care. The recent Retired Teacher Chapter election showed a healthy majority of our members want to continue with our current premium and co-pay free Medicare/Medigap plan. We were all encouraged that you dropped your support of the Medicare Advantage plan into which the city wishes to place us.
That said, we are still in trouble. As you know, Mayor Adams is fighting for the MA program, and appealing our recent victories to the NY State Court of Appeals. As you are no doubt aware, they are the highest court in the state and have the power to overturn our thus-far unbroken string of victories.
There are two ways we can prevail. One would be to win in court. Since UFT now opposes this plan, we need an Amicus brief from UFT. That’s quite important. If you oppose this plan, you need to demonstrate this to the court, and show that UFT is a force to be reckoned with. Mayor Eric Adams is, in fact, our contractual adversary, and we need to treat him as such.
This, of course, is not our only court battle. Mayor Adams also wants us to pay co-pays with our Medigap plan. That is unprecedented, and co-pays have a way of increasing endlessly. We need to halt this now.
I heard you say at a meeting that co-pays were intended only as a temporary stopgap measure. Given your statements about how the city is interested only in saving money at our expense, I think it’s fair to assume we can no longer trust the city to make any such measures temporary. Therefore, UFT needs to file an Amicus brief in our battle against additional expenses for retirees on fixed incomes. As you know, many of our retired brothers and sisters in DC37 are just getting by as is.
In 2016, MLC effectively suppressed the HIP rate, via so-called HIP/HMO Preferred. This resulted in additional costs for 40% of enrolled city employees. Obviously, it’s an error to tie this to the base rate, because I’m sure you want our members, and all city workers, compensated at the highest rate possible. This needs to be corrected, and we need your support to do so. I’m sure you don’t want retired UFT paraprofessionals paying co-pays, higher deductibles, and/or premiums. We will need UFT support in the upcoming Campion case so as to preclude this.
Our other avenue of protection is via the legislature. As you know, there are bills, set to be reintroduced, both in the city and state protecting Medicare and Medigap for retirees. Union support could make the key difference, particularly in the state. I’m told the state bill would have passed but for “union opposition.” I don’t know who in the union opposes this, but the recent RTC election shows our retirees overwhelmingly support it. In fact, I’d argue the overwhelming majority of city retirees do as well.
This brings me to my final point. Since unions, for whatever reason, have not been in the habit of protecting our current health care, the group NYC Retirees was formed. This group, entirely on donations, has been protecting us in court for years. The recent election demonstrates that UFT retirees support the goals of this group.
Therefore, it’s high time the UFT, perhaps through COPE, made a sizable donation. This is clearly the will of our chapter, and it’s time we honored that will with something more than words.
President Biden has been a great President. He has been an amazingly effective President, passing crucial legislation that helped ordinary Americans even though he has only a razor-thin margin in the Senate and none in the House. I have supported him vigorously, believing that he would do what was best for the country. I took offense at the media pile-on against him, even though I was stunned by his frail appearance and appalling performance at the June debate.
For weeks, the Democratic Party has been paralyzed by uncertainty about whether President JOE BIDEN should stay atop the ticket or step aside. But over the last 24 hours, that uncertainty has given way to a growing clarity about the reality facing the president: The walls are closing in, and his position leading the Democratic ticket appears increasingly unsustainable.
The president’s reelection bid has now lost the confidence of Congress’ senior-most Democratic leaders, as well of party elders around the country.
Rep. ADAM SCHIFF (D-Calif.), Pelosi’s longtime protégé, became the latest Hill Democrat to publicly call on Biden to step aside, arguing that he has “serious concerns about whether the President can defeat DONALD TRUMP,” and that it’s “time for him to pass the torch.”
Biden’s confidant and campaign adviser JEFFREY KATZENBERG confronted the president about new financial woes, telling him that big donors — skeptical that he can win — have all but stopped writing checks, Semafor’s Liz Hoffman and Ben Smith scooped.
Senior Democrats started privately circulating jarring numbers from Blue Rose Research, which found that “just 18 percent of voters and only 36 percent of people who voted for Mr. Biden in 2020 believe he is mentally fit and up to the job of being president,” according to the NYT. Other super PAC polling shows “Biden’s deficit growing to 5 percentage points or more in the must-win states of Pennsylvania, Michigan and Wisconsin.”
And DNC officials were pressured by their own party into pushing back a virtual roll call nominating Biden after an attempt to move it up was seen as a way of assuring Biden could run out the clock on the Dump Biden crowd.
Former House Speaker Nancy Pelosi has coordinated with senior Democrats to try to push Biden out. | Francis Chung/POLITICO
This flurry of stories yesterday is no accident. Senior Democrats had hoped to address this matter privately — Pelosi herself certainly advised members to try to do so, at least for a time.
But Biden and his inner circle have refused to listen. So now, Democrats are leaking tidbits of private conversations with the president himself, using the news media as a microphone to send a message: We’re no longer with you — and we will force you off the ticket, if needed.
“The speaker does not want to call on him to resign [as the Democratic nominee], but she will do everything in her power to make sure it happens,” one Pelosi ally we spoke with said.
The developments underscore a new, more public phase of the Dump Biden movement. It’s also an astonishing turn of events that puts Biden’s presidential bid on life support: With Democratic leaders like Pelosi, Schumer and Jeffries against him, how can he possibly continue?
My Twitter name is @DianeRavitch. I have about 146,000 followers. My account is instantly recognizable because it has my photo and a few symbolic emojis.
In late 2022, someone created a Twitter account called @Ravitch_Diane. It has no emojis, no photo and 81 followers.
The fake account has now taken control of my Twitter account. Anything I post goes to the fake Twitter account.
I tried to fill out the form to complain about the impersonation, sent my ID and photo, got verified, but failed to submit because the last instruction said, “Open your email account” before submitting. Each time I followed instructions but was unable to submit. The last hurdle made no sense.
Meanwhile I went to the fake account and saw that it was registered to an unfamiliar email. I couldn’t delete it or change it but I could change my birthdate and the handle. My birthdate is July 1, 1938. I changed it to another year, I forget which, but probably 2012. I was immediately locked out of Twitter because I’m too young! (Oh, to be 12 again!)
Not only was the fake account locked but so was my genuine account. This demonstrates that the two were interlocked. The hacker and I.
This is not the biggest problem in the world these days, but I would be grateful for your help.
Please contact X and ask them to ban the hacker, eliminate the fake account, and restore my real account.
When I changed the handle on the fake account, I made it now @goToMyRealAcct
I am now completely locked out and you alone can save me!
Needless to say, there is no customer service to whom one may speak. Like, a human being.
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