World Bank China-Rigging-Scandal Highlights Beijing’s “Malign Influence” At UN: Experts

World Bank China-Rigging-Scandal Highlights Beijing’s “Malign Influence” At UN: Experts

Authored by Terri Wu via The Epoch Times (emphasis ours),

Revelations that World Bank leaders pressured staff to rig an influential report in China’s favor have once again shed light on the Beijing regime’s influence within the United Nations system.

Chinese leader Xi Jinping virtually addresses the 76th Session of the UN General Assembly on September 21, 2021 in New York. (Spencer Platt/POOL/AFP via Getty Images)

A recent investigation found that then-World Bank President Jim Yong Kim and then-Chief Executive Kristalina Georgieva had applied “undue pressure” on staff to boost China’s ranking in its 2018 “Doing Business” report. At the time, the World Bank leadership was “consumed with sensitive negotiations” over a major capital increase, a move that increased China’s stake in the lender, investigators said. Leaders had also received repeated overtures from senior Chinese officials wanting the country’s score to be raised to reflect its initiatives at reform.

The fallout from the probe has been swift. The World Bank announced its abandonment of the Doing Business report entirely. Georgieva, now head of the International Monetary Fund (IMF), has faced calls for her resignation, including by The Economist magazine. The embattled chief, however, has vehemently denied the investigation’s findings.

Kristalina Georgieva, managing director of the International Monetary Fund (IMF) speaks during a press conference at the German chancellery in Berlin, on Aug. 26, 2021. (Clemens Bilan/Getty Images)

Analysts now say that the scandal has further underscored the Chinese regime’s malign influence in important multilateral institutions.

China’s communist regime sees the existing international order as a threat to its interests, Seth Cropsey, a senior fellow at the Washington-based think tank Hudson Institute, told The Epoch Times. “So they want to break it up whenever possible.”

“Influence and membership and participation in international organizations give them the foot in the door that they need to accomplish that goal.”

And to achieve its ends, Cropsey said, Beijing is “willing to use bribery, threats of force, political pressure” and any other means.

History of Collaboration

The World Bank played an important role in shaping the Chinese Communist Party’s (CCP) economic reforms in the 1980s and 1990s, when the regime was attempting to extricate the country away from backwater status, according to China expert Michael Pillsbury.

In his book “The Hundred-Year Marathon,” Pillsbury wrote that the World Bank secretly advised the CCP as early as 1983. That year, World Bank executives met with CCP leader Deng Xiaoping. As a result, the bank agreed to study China and recommend how the regime could catch up to the United States economically in the following decades.

While the lender released “a few vague reports” about China’s need to develop free markets, in private, the World Bank by the mid-1980s endorsed the regime’s socialist approach and “made no genuine effort to advocate for a true market economy,” Pillsbury wrote.

“China will not stop its so-far successful campaign to gain decisive influence in all the U.N. specialized agencies and to continue their successes in obtaining benefits from the IMF and World Bank,” Pillsbury told The Epoch Times in an email.

China’s Influence

The IMF and World Bank are among 15 U.N. specialized agencies, of which Chinese representatives head three. No other country leads more than one body. Meanwhile, the International Civil Aviation Organization just saw its Chinese chief depart in August after a seven-year term.

“Since I wrote The Hundred-Year Marathon six years ago, the Chinese have not suffered any significant sanctions that would cause them to change their successful trajectory to surpass the U.S. in global primacy,” Pillsbury wrote.

The CCP’s only recent setback in the U.N. system, according to Pillsbury, occurred when the Chinese candidate was outvoted for the top post at the World Intellectual Property Organization (WIPO).

WIPO Success Story

In the lead up to WIPO’s March 2020 election, the Trump administration mounted an effort to ensure that Wang Binyang, a representative of the Chinese regime—which is ironically notorious for its lack of intellectual property protections—wasn’t successful in his bid to lead the body charged with safeguarding those rights worldwide.

Wang was ultimately defeated by Singaporean Daren Tang, who was backed by the United States and many other Western nations, by a vote of 28 to 55.

The Chinese thought they had a fast-track to that [position],” then-U.S. Secretary of State Mike Pompeo said in July 2020. “We put up a good candidate. … And we crushed them. It was an amazing diplomatic effort.”

Andrew Bremberg, who, at the time, was U.S. ambassador to the U.N. in Geneva, was at the forefront of the Trump administration’s campaign.

Then-White House Director of the Domestic Policy Council Andrew Bremberg speaks during a roundtable discussion on cyber safety and technology at the White House on March 20, 2018. (Chip Somodevilla/Getty Images)

Washington’s success at the WIPO “absolutely” can be repeated, Bremberg told The Epoch Times.

“The Biden administration could do it as well,” he said, adding that it was a matter of identifying key priorities and working with “key partners not to let the CCP try to get the upper hand in how these elections take place.”

For instance, during the WIPO election, the United States worked with the body’s rules committee to prohibit phones or photography in the voting room. In some cases, the CCP had asked countries to take pictures of their ballots to verify their votes, according to Bremberg.

The final step is for U.S. officials to work to “unite a large coalition behind a mutually agreed better candidate,” he said.

From his experience in Geneva, Bremberg saw a lack of awareness among U.S. officials and the global community about the CCP’s “malign influences” across international organizations.

The former ambassador noted that while the Chinese regime has become increasingly aggressive in the past decade, it isn’t yet the dominant force in the U.N. system.

Thwarting Beijing’s long march through these multilateral institutions, however, will take a lot of effort, Bremberg said.

“It’s not an easy thing. But I’m extremely optimistic that if we are willing to do the work to strengthen the system, and to re-exert leadership that matches with our values, then China will not be, in fact, dominant,” he said.

Bremberg now heads the Washington-based nonprofit Victims of Communism Memorial Foundation.

The WHO

One global body that, in Bremberg’s view, may be beyond hope of meaningful reform is the World Health Organization (WHO).

“What we’ve all learned in the last year and a half is that we all desperately want and need a meaningful WHO that can actually work for the international system—and we don’t have it,” he said. “And I think there is no realistic prospect that we could.”

Bremberg last year was involved in the Trump administration’s efforts to seek reforms at the global health body relating to its handling of the pandemic and reducing its appeasement of the Chinese regime. When the WHO rejected these calls, then-President Donald Trump withdrew from the organization, saying it was beholden to the CCP. The Biden administration has since rejoined the body, with officials arguing that it’s better to push for reforms while still holding a seat at the table.

In the early stages of the pandemic, the body drew heavy criticism over its parroting of the CCP’s official statements that downplayed the severity of the outbreak, while praising what the regime said was its outbreak control efforts.

Earlier this year, a virus origins report by a WHO-led team done in concert with Chinese scientists asserted that a lab leak hypothesis was an “extremely unlikely” origin of the pandemic. More than a dozen countries, including the United States, questioned the integrity of the report, pointing to the team’s lack of access to raw data from China.

Amid intensifying scrutiny on the regime’s ongoing coverup of the pandemic origins, the WHO has sharpened its tone against Beijing in recent months, calling for greater transparency and for the regime to provide access to raw data.

Pushing Belt and Road Through UN

The Chinese regime also has used U.N. bodies to legitimize and promote its massive global infrastructure investment project, known as the Belt and Road Initiative (BRI). The trillion-dollar plan has been criticized by U.S. officials for facilitating the expansion of Beijing’s economic and military clout, while saddling developing countries with unsustainable debt burdens.

The U.N. Department of Economic and Social Affairs, a secretariat body, has been a major vehicle used by the regime to promote BRI, according to a 2019 report by Washington-based think tank Center for a New American Security. Chinese officials have held the top position at the U.N. body since 2007, allowing Beijing to draw on “an extensive network of Chinese nationals to steer the organization toward embracing” the BRI, the report stated.

Through these efforts, the Chinese regime has been able to package its BRI projects under the U.N.’s sustainable development goals, the report said, thus allowing U.N. resources to be directed toward Chinese-backed investments.

The WHO, led by Hong Kong’s Margaret Chan from 2007 to 2017, also promoted the BRI in the health care sector.

In January 2017, Chan signed a BRI memorandum in health care with China at a meeting with CCP leader Xi Jinping in Geneva. In May 2017, less than two months before the end of her term, Chan visited Beijing and signed the action plan. Upon leaving the WHO, Chan immediately took high-level positions in CCP organizations, including the Political Consultative Congress, a political advisory body that is a key organ in the regime’s domestic and foreign influence efforts, known as “united front” work.

During her terms, Chan also appointed Xi’s wife, Major Gen. Peng Liyuan, and Chinese state-run TV host James Chau as WHO goodwill ambassadors, roles they still hold today.

Current WHO chief Tedros Adhanom Ghebreyesus, who succeeded Chan in July 2017, led a WHO delegation to the Belt and Road Forum for Health Cooperation in Beijing in August 2017. During that trip to China, Tedros signed a strategic agreement supporting the BRI, while the WHO received an additional contribution of $20 million from the regime.

This memorandum between the WHO and China, which hasn’t been made public, will allow China’s ruling regime to expand its influence over hospital systems worldwide, particularly in the area of data, Ian Easton, senior director at Virginia-based think tank Project 2049 Institute, warned during an August virtual discussion hosted by the Hudson Institute.

The agreement paves the way “for client states around the world to use Chinese technology, products, and software in hospitals and other organizations relating to global health,” Easton said.

The World Bank and IMF didn’t respond to questions from The Epoch Times relating to the CCP’s influence in U.N. systems. WHO officials also didn’t respond to requests for comment.

Tyler Durden
Thu, 09/30/2021 – 05:00

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England Has Higher University Tuition Fees Than US

England Has Higher University Tuition Fees Than US

The OECD’s latest Education at a Glance report has found that England has the highest university tuition fees in the world.

Infographic: The World's Highest and Lowest Tuition Fees | Statista

You will find more infographics at Statista

As Statista’s Martin Armstrong notes, OECD countries tend to have different approaches to financing a university education with many nations joining England in charging tuition fees and around a third not charging any fee at bachelor or equivalent level.

An average annual fee at an English public institution amounts to approximately $12,330 when converting to USD using purchasing power parity, As well as England, the United States, Australia, Canada, Chile, Japan and South Korea all have tuition fees in excess of $4000. Countries in continental Europe like Spain, France and Germany all tended to have far lower fees by comparison, while Sweden, Norway, Denmark and Finland all have no fees at all.

England’s tuition fees weren’t always so high, however.

Since the beginning of the 2000s, annual costs have increased by 700 percent.

Tyler Durden
Thu, 09/30/2021 – 04:15

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Brickbat: A Load of Garbage


trashcans_1161x653

The City of San Francisco is almost three years and half a million dollars into an effort to design and deploy the perfect garbage can. The Board of Supervisors has voted to spend $427,500 to build five prototypes each of three models designed by a firm it hired in 2018 and test them. Why not use models already in production and used by local governments across the nation? They aren’t pretty enough. In the meantime, the estimated cost to mass produce whichever model is chosen has risen from $1,000 each to at least $2,000 and possibly as much as $5,000. “The idea that San Francisco is so unique that we need a separate trash can from anyone deployed in any city around the world is preposterous,” said Supervisor Matt Haney. “It’s something that reflects a broader and deeper brokenness of city government and the services it provides.” Haney nevertheless voted to approve the money to build and test the prototypes.

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Brickbat: A Load of Garbage


trashcans_1161x653

The City of San Francisco is almost three years and half a million dollars into an effort to design and deploy the perfect garbage can. The Board of Supervisors has voted to spend $427,500 to build five prototypes each of three models designed by a firm it hired in 2018 and test them. Why not use models already in production and used by local governments across the nation? They aren’t pretty enough. In the meantime, the estimated cost to mass produce whichever model is chosen has risen from $1,000 each to at least $2,000 and possibly as much as $5,000. “The idea that San Francisco is so unique that we need a separate trash can from anyone deployed in any city around the world is preposterous,” said Supervisor Matt Haney. “It’s something that reflects a broader and deeper brokenness of city government and the services it provides.” Haney nevertheless voted to approve the money to build and test the prototypes.

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Spain’s Inflation Levels Hit 13-Year High Driven By Increasing Energy Costs

Spain’s Inflation Levels Hit 13-Year High Driven By Increasing Energy Costs

Authored by Katabella Roberts via The Epoch Times,

Inflation levels in Spain surged to a 13-year-high in September driven by increasing energy costs, among other things, data from the National Statistics Institute (INE) showed on Wednesday.

The flash indicator prepared by the INE (pdf) showed that national consumer prices rose 4.0 percent year-on-year, the highest reading since September 2008, when the rate was 4.5 percent.

The increased inflation levels are mainly attributed to rising electricity prices, although tourist packages prices falling more in 2020 than this year, and the cost of fuel and oil for personal vehicles rising also play a role, according to INE.

Spain is just one of several European countries facing soaring energy bills as gas prices have risen more than 35 percent in the past month amid lower supplies and a surge in demand as pandemic-hit economies around the world reopen, prompting fears that there is simply not enough gas stored up for the winter if temperatures were to be particularly cold in the northern hemisphere.

In Europe, supply levels are 16 percent below the five-year average, a record low for this time of year.

Spain’s government confirmed Sept. 14 that it will introduce a series of short-term temporary “shock measures” in an effort to cut spiraling energy bills.

The measures intend to bring “an immediate halt to the effect that the electricity price is having on other sectors of the economy,” it said in the State Gazette.

Such measures include limiting the profits that hydropower and other renewable power generators can make from surging electricity prices, and redirecting billions of euros to consumers.

The government said it expects to channel some 2.6 billion euros ($3.07 billion) from companies to consumers in the next six months and the measure will stay in place until the end of March, when natural gas prices are expected to stabilize.

The country will also use an extra 900 million euros it expects to raise from sales through auctioning carbon emission permits this year to reduce bills, which will also be allocated to reduce consumer bills. The government cited high market prices as the reason for the additional funds.

Spain will also limit regulated price increases for natural gas at 4.4 percent in the third quarter, versus forecasts for a 28 percent increase.

Elsewhere, the INE data showed that the annual rate of Spain’s Harmonised Index of Consumer Prices rose by 4.0 percent in September up from 3.3 percent in August, signifying a 13-year record.

The latest INE report comes as the OECD said it expects consumer prices in leading economies, including the United States, to rise faster than previously anticipated before settling at above pre-pandemic levels.

The headline rate of consumer price inflation is projected at 3.7 percent in 2021 on average in the Group of 20 leading economies, before rising to 3.9 percent in 2022, the Paris-based organization said in its September economic outlook (pdf).

Tyler Durden
Thu, 09/30/2021 – 03:30

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War In Syria Heating Up Again, Prompting Tense Putin-Erdogan Summit

War In Syria Heating Up Again, Prompting Tense Putin-Erdogan Summit

On Wednesday Russia’s Vladimir Putin met with Turkey’s Recep Tayyip Erdogan in their first face-to-face summit in a year-and-a-half, also as tensions soar between the two countries on Syria policy. Their meeting in Sochi was lengthy, lasting about three hours, and comes just as Putin left self-isolation after members of his staff were infected with Covid-19.

In Syria this week Russia’s military has expanded airstrikes near Idlib in support of the Syrian Army which is ramping up efforts to recapture a key highway in the northwest, but which has in turn triggered a Turkish troop build-up to deter pro-Assad forces from making advances in Idlib. 

According to Al-Monitor a number of defense related issues have further complicated Russia-Turkey relations: “Coming days after Erdogan aired his dissatisfaction with NATO ally the United States, suggested that Turkey would acquire a second set of the Russian made S-400 anti-missile system and asserted that US forces should leave Syria, the stage is set for what may have otherwise been a less cordial reception at the Kremlin,” the report previewed. 

Via TASS

Official Russian press releases revealed scant details as far as specific stances taken during the meeting, but underscored the desire for “stability” in the Middle East region. 

A statement via Russian state media indicated:

In particular, Putin pointed to the successful cooperation of the two countries on the situation in Syria and Libya. He also focused on the work of the center to control the ceasefire in Nagorno-Karabakh. According to the Russian leader, this cooperation “is a strong guarantee” of stability in the region.

The two leaders also talked energy cooperation, following the big announcement that the Russia-Germany natural gas pipeline Nord Stream 2 has reached completion early this month.

Putin thanked Erdogan for his stance on the construction of TurkStream, owing to which Ankara feels safe amid the difficulties on the European gas market. The Turkish leader, for his part, touched upon the issue of a joint project – the construction of the first Akkuyu nuclear power plant in the country, whose first power unit may be unveiled already next year.

But most likely Syria was the most contentious issue at the forefront, despite official assurances of “cooperation”. Despite the war long having fallen out of global headlines, indicators suggest it will ramp up again given Assad is looking to finally take back al-Qaeda occupied Idlib. But both the US and Turkey will without doubt condemn any aggression and bring charges of war crimes and threats to intervene militarily (similar to all prior Syrian Army attempts to enter Idlib).

Both Moscow and Damascus have charged Turkey in particular with continuing to aid and abet terrorists in Idlib. Recall that the last time the war grew hot there, a major Russian airstrike killed at least 37 Turkish solders and a number of more Turkish-backed militants. That followed the 2015 downing of a Russian Su-24 jet by a Turkey F-16 fighter along the Turkey-Syria border, which saw relations between Putin and Erdogan plunge to a low point. 

Syrian state sources have meanwhile confirmed Assad is preparing to advance operations in and around Idlib. Syrian newspaper Al-Watan reported the following days ago: 

“The Syrian army and Russia have strong cards capable of forcing the [Turkish] regime of Recep Tayyip Erdogan to review the bad [decisions] its has taken to deescalate the situation.”

Further Watan’s sources described that “the circumstances are now appropriate to impose a comprehensive settlement in Idlib, at least in the area south of the M4 highway. Such a settlement would require the withdrawal of terrorists from it to its northern side and to a depth of six kilometers in preparation for opening it [the road].” 

This suggests a coming showdown between the Biden administration and Assad, also involving Russia – akin to the intensity of 2018 which resulted in the Trump White House bombing Damascus.

Tyler Durden
Thu, 09/30/2021 – 02:45

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UK Energy Crisis Shows Danger Of Net-Zero Emissions Policies: Aussie Senator

UK Energy Crisis Shows Danger Of Net-Zero Emissions Policies: Aussie Senator

Authored by Daniel Khmelev via The Epoch Times,

The push for Australia to legislate a net zero emissions target has spurred discord from some government officials who firmly believe the climate policy could harm Australia’s energy security and industry amid the UK’s own unravelling energy crisis.

Australia has faced criticism for not setting a 2050 net zero target—a goal already undertaken by many of the world’s developed countries, including the United States and the United Kingdom.

But Nationals Senator Matt Canavan suggested that the UK’s unfolding energy crisis is a direct consequence of its “net zero” emissions plans via a shift to so-called renewables and banning coal power.

The UK has been trying to reach net zero. They’ve passed legislation to do that,” Canavan told 2GB radio.

“They’re not there yet, but they’re on the path. And already down that path, they are seeing a situation where industry is being asked to shut down just to keep the lights on.”

Over the last 50 years, the UK has weaned itself of coal generation and become more dependent on gas as its primary source of electricity generation – much of which is imported from Europe.

Further, heavy investment into renewables over the last decade has also boosted wind output, contributing to 24 percent of total generation in 2020.

The United Kingdom’s coal, gas, nuclear and renewable energy consumption from 1965 to 2019. Source: Our World in Data. (The Epoch Times)

However, the UK has recently experienced a 400 percent spike in gas prices, and a 250 percent price rise for electricity after a confluence of unforeseen factors throttled the country’s supply—including record low wind levels, a fire at a major France-UK electricity interconnector, nuclear plant outages, and a gas shortfall sweeping Europe.

This has already led to the collapse of some energy providers while forcing other industries—such as steelmaking and manufacturing—to opt to shut down during peak hours to avoid paying exorbitant energy fees.

Canavan cautioned against a repeat of the policies that have led to the UK crisis, saying he disagreed with the current “net zero” approach, which does not include nuclear, as the legislation could undermine Australia’s critical infrastructure.

“We should maintain the energy independence—we are lucky to have and grow our coal and gas production,” Canavan told The Epoch Times.

Nationals Senator Matthew Canavan at a press conference at Parliament House in Canberra, Australia on Jun. 22, 2021. (AAP Image/Mick Tsikas)

Canavan also said that Australia could not afford to lose its energy independence amid concern of growing hostilities from Beijing.

“I just don’t think this is the right decision for our country, especially at a time when our leaders and defence officials are very worried about the risk of conflict in our region, potentially being dragged into a risk of conflict with China. This is not the right priority,” Canavan told 2GB radio.

“The right priority right now, surely, is to get more things [that are made in Australia]. That’s what we’ve got to do.

“If you do not have a strong industrial economy, you will not defend yourself. If you cannot be energy independent, you will not defend yourself,” he said.

“And so why would we seek to shut down our coal and gas industries which create an energy independence for us as a nation?”

Deputy Prime Minister of Australia and leader of the National Party, Barnaby Joyce, has not explicitly spoken against a net zero target, but has said that Australia should also consider the economic impact caused by a shutdown of the nation’s coal industry.

On the other hand, Treasurer Josh Frydenberg said that a lack of a concrete net zero deadline could undermine investments flowing into Australia.

“Markets are moving as governments, regulators, central banks, and investors are preparing for a lower emissions future,” Frydenberg said in an address to the Australian Industry Group.

“Increasingly, institutional investors are themselves committing to the net zero goal, like BlackRock, Fidelity and Vanguard, three of the biggest fund managers in the world.”

Australian Treasurer Josh Frydenberg speaks in Melbourne, Australia, on June 28, 2021. (Photo by WILLIAM WEST/AFP via Getty Images)

Frydenberg said Australia’s economy relied heavily on imported capital to stimulate growth across the economy—including foreign investment stock worth $4 trillion (US$2.9 trillion).

“Australia has a lot at stake,” Frydenberg said. “We cannot run the risk that markets falsely assume we are not transitioning in line with the rest of the world.”

Environmental groups have also pressed Australia to fast track its emissions reduction efforts to address their concerns around ecological damage and global warming.

Climate change advocacy organisation, the Climate Council, has urged Australia to commit to a net zero deadline ahead of the 26th United Nations Climate Change conference in Glasgow, Scotland.

“Australia is refusing to increase its 2030 emissions reduction target, or commit to net zero emissions,” said Climate Council spokesperson and Emeritus Professor at Australian National University, Will Steffen. “The science is clear that the world urgently needs to reduce emissions this decade, but none of Australia’s commitments are a meaningful contribution to this goal.”

Tyler Durden
Thu, 09/30/2021 – 02:00

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Making Sense of Justice Sotomayor’s Comments on S.B. 8

On Wednesday, Justice Sotomayor spoke at an ABA conference about diversity. The event was livestreamed to attendees, but I could not find a video anywhere. The ABA Journal included a screenshot of the Zoom call:

During the event, Justice Sotomayor opined on S.B. 8. You know my general policy about relying on reporter paraphrases, though I am slightly more confident that SCOTUS reporters covered the event.

Here is the account from the Washington Post by Anne Marimow and Bob Barnes:

Sotomayor was among the four dissenters who would have stopped the law taking effect, and in a virtual appearance at an American Bar Association summit on diversity, she mentioned the Texas law, which she wrote in her dissent was “flagrantly unconstitutional.” She told a questioner that “there’s going to be a lot of disappointments in the law, a huge amount.”

“As you study cases and look at outcomes you disagree with, it can get frustrating,” she said. “Look at me, look at my dissents, okay?” she said, laughing. “At least I have a vehicle, I have a dissent mechanism that I can explain how I feel.”

She continued: “So you know, I can’t change Texas’s law, but you can. You can and everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don’t like.”

“I’m pointing out to that when I shouldn’t because they told me I shouldn’t,” she said, referring to the practice by which justices refrain from commenting outside the court setting on cases that are before them.

“But the point is, there are going to be a lot of things you don’t like,” she said.

Ariane de Vogue of CNN also reported on the event:

“There is going to be a lot of disappointment in the law, a huge amount,” she said Wednesday at an event hosted by the American Bar Association. “Look at me, look at my dissents.”

Earlier this month, Sotomayor penned a scathing opinion when the court’s majority allowed the Texas law to go into effect, calling the action “stunning.”

“You know, I can’t change Texas’ law,” Sotomayor said Wednesday, “but you can and everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don’t like.”

The justice then caught herself speaking about a contentious case currently before the court.

“I am pointing out to that when I shouldn’t because they tell me I shouldn’t,” she said. “But my point is that there are going to be a lot of things you don’t like” and that the public can change.

The quotations from CNN and WaPo are nearly identical, so I have a relatively high degree of confidence that Justice Sotomayor was accurately quoted. (If anyone finds the video, please send me a link so I can transcribe it). Still, it is not entirely clear what she was saying.

As I read it, Justice Sotomayor urged the people in attendance who oppose S.B. 8 should lobby to repeal S.B. 8. But then she stopped herself, recognizing that she had gone too far. The sentence, as quoted, is hard to follow: “I am pointing out to that when I shouldn’t because they tell me I shouldn’t.” Who is “they”? Was someone in the room waving at her, telling her to stop? Or did a flag go off in her head mid-sentence? Did she suddenly recall some ethics advice she received?

Did Justices Sotomayor cross the line? I have a few thoughts.

First, it is fairly common for Justices to write that laws should be changed in a published opinion. Perhaps the most famous example of this dynamic was Justice Ginsburg’s plea to Congress in Ledbetter v. Goodyear. But these pleas generally come in the opinion itself. Sotomayor did not make such an appeal in her Jackson dissent. She made it the appeal in a public speech.

Second, it has become fairly common for Justices to talk about their opinions–especially their dissents. But Justice Sotomayor did not argue in her Jackson dissent that S.B. 8 should be repealed. She argued the law was unconstitutional. Her “lobby” argument.

Third, it is extremely rare for a Justice to talk about a case that is still pending. On September 1, the Court denied a stay in Whole Woman Health v. Jackson. But that case is now pending before the Court on plenary review. The parties filed a petition for certiorari before judgment. The case is pending. And I know from personal experience that Justice Sotomayor takes this issue seriously.

In 2016, I mailed copies of my book Unraveled to all of the Justices. Several  sent me very nice notes in response. Some of the Justices may have read the book on their Kindle. Chief Justice Roberts probably used it for kindling. Alas, Justice Sotomayor’s assistant mailed the book back. Her letter stated:

Justice Sotomayor is grateful to you for sending her a copy of your book, Unraveled: Obamacare, Religious Liberty and Executive Power. While the Justice appreciates your kind gesture, unfortunately, she is unable to accept any materials that in any way relate to pending litigation that may come before the Supreme Court. For this reason, I am returning your book with this note. I hope you understand.

Four months earlier, the Supreme Court had decided Zubik v. Burwell, and remanded the contraceptive mandate litigation for further proceedings. The case I wrote about was no longer pending, but there was the possibility that the matter could return to the Court.  I long thought that Justice Sotomayor’s policy was overly precautious, but it made sense.

By Justice Sotomayor’s own standard, her remarks about S.B. 8 crossed the line. To avoid any appearance of impropriety, she was unwilling to even accept a book that discussed an already-decided case. She returned the book to me–with taxpayer funded postage–lest anyone think that my writings influenced her opinion! Had she thrown the book in the trash, or the fireplace, no one would have ever known. Yet, she urged a public audience of attorneys to lobby against a law, the legality of which is presently before the Court. Indeed, Justice Sotomayor’s comments seemed to recognize she went too far.

Will she recuse? Probably not. And does anyone doubt how she will vote in light of her dissent? Still, Justice Sotomayor exercised poor judgment here. When asked about a pending case, she should have simply said, “I cannot comment on a pending case.”

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