Oral Dissents at the Supreme Court: They Can Still Happen

In most years, the Supreme Court Justices go on the bench to announce their opinions in person, with the authors of each majority opinion reading a brief summary. A few times a year, dissenting Justices who feel strongly enough will also read a summary of their dissents, which can often add drama and draw public attention.

As Josh noted on May 24, this Spring the Court is obviously not meeting in person to announce opinions, so the Justices aren’t reading aloud from their opinions, either; Josh regretted that. An AP story today discusses the matter as well, quoting several experts who view the practice as valuable.

I just wanted to mention that there’s no reason why such reading of dissents—or, for those Justices who want to, majority opinions—couldn’t continue this year via streaming audio. The Justices’ May oral arguments were made available to the public via what was essentially a conference call streamed and archived by C-SPAN.

Precisely the same technology could be used for Justices who want to read opinion summaries. A Justice who wants to do this could just alert the Chief and the other Justices, and ask that such a call be set up; the other Justices would be welcome to be on the call, though there’s no reason why they should all feel obligated. (Presumably the majority opinion author might feel obligated to read the summary of the majority, and maybe some others might feel that they ought to listen in, but it would be a very slight burden on most of the colleagues.)

In principle, I suppose a Justice could just unilaterally ask the administrative people to arrange this, though I would think such a move would be seen as uncollegial. But if the Justice asks the others, I expect that rejecting such a reasonable request—which is very much in keeping with the tradition of oral dissents—would be seen as uncollegial, too. And of course several Justices might want to do this, each for a different case.

So we might yet hear oral dissents, likely with accompanying oral summaries of the majority (and maybe even the very rare oral concurrence). If we don’t, that would be just the choice of the dissenters, not some inherent limitation stemming from the technology, court rules, or tradition.

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Joe Biden Wants To Reform the Criminal Justice System He Helped Create

During a week of protests, looting, and violence ignited by the murder of George Floyd, Democratic presidential candidate Joe Biden pledged his support for meaningful criminal justice reform and doing more to prevent police abuses.

Biden deserves praise for getting behind vital reforms as he campaigns for president in 2020, but it’s worth remembering that the former senator from Delaware is partly responsible for some of the worst aspects of today’s criminal justice system.

From the crack crackdown of the 1980s to the crime legislation of the 1990s to the post-9/11 war on terror, Biden throughout his career has represented the Democratic Party consensus, shifting his views to fit whatever best serves his own political career. Over his 44 years in the Senate and then as vice president, Biden was a leading architect of the modern criminal justice system, contributing to mass incarceration and the police misconduct that people are protesting today.

Click here to watch the full documentary on Joe Biden’s record.

Produced, written, and edited by Justin Monticello. Graphics by Lex Villena and Austin Bragg. Research by Regan Taylor. Audio production by Ian Keyser. 

Music: Cooper Cannell, Futuremono, and Lex Villena.

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Lockdown Supporters Embraced Wildly Wrong COVID-19 Projections That Fit Their Preconceptions

A month ago, The New York Times published an internal Trump administration document that predicted the United States would be seeing 3,000 COVID-19 fatalities per day by June 1, raising the national death toll above 200,000. The document also projected that the daily number of new confirmed cases would exceed 200,000 by then—i.e., by now.

“The numbers underscore a sobering reality,” the Times reported. “The United States has been hunkered down for the past seven weeks to try slowing the spread of the virus, but reopening the economy will make matters worse.” It said “the projections confirm the primary fear of public health experts: that a reopening of the economy will put the nation back where it was in mid-March, when cases were rising so rapidly in some parts of the country that patients were dying on gurneys in hospital hallways.”

The projections that supposedly confirmed that fear were widely cited by people who argued that states such as Florida, Georgia, and Texas were inviting a public health disaster by lifting their lockdowns too soon. But the projections turned out to be wildly off, predicting more than three times as many daily deaths as we have seen so far in June, nearly twice as many total deaths as of June 1, and nine times as many daily new cases.

Lockdown supporters have since moved on from those obviously erroneous predictions. But the way they were loudly touted and then quietly abandoned illustrates the perils of confirmation bias for people on both sides of the overheated debate about COVID-19 control measures.

The White House immediately disavowed the alarming projections highlighted by the Times, saying the document did not reflect the views of the administration’s coronavirus task force. The projections “should not be taken as a forecast,” White House Press Secretary Kayleigh McEnany cautioned. “This ‘study’ considered zero mitigation, meaning it was conducted as though no federal guidelines were in place, no contact tracing, no expansion of testing, while removing all shelter in place protocols laid out in the phased approach of the Opening Up America Again guidelines for individuals with co-morbidities.”

For critics who believed the president and like-minded governors were bent on reopening the economy, no matter the cost in human lives, those reassurances carried little weight. But according to the epidemiologist who produced the projections, they were a work in progress based on one possible scenario that he did not necessarily view as likely.

The document leaked to the Times is identified as the work of the Federal Emergency Management Agency (FEMA) and the Department of Health and Human Services (HHS). Some of the pages also carry the logo of the U.S. Centers for Disease Control and Prevention (CDC), which is part of HHS. While the White House and some press accounts described the projections as the CDC’s work, they were actually produced by Justin Lessler, an epidemiologist at Johns Hopkins University’s Bloomberg School of Public Health, under a contract with FEMA.

The day after the Times story appeared, NPR interviewed Lessler, who described the projections as “preliminary work” that was “always intended to be shown to people who were fully aware that this was work in progress, not a final result.” NPR noted that the projections reported by the Times werebased on only about one-third of the scenarios that Lessler will be including in the final projections.” It explained that “the incomplete projection published in The New York Times of more than 200,000 new cases and more than 3,000 new deaths per day by June 1 is just one of many possible scenarios.”

How much confidence did Lessler have in that particular projection, which has since been decisively contradicted by reality? “I do not know if it is likely,” he said.

Lessler told NPR he did not know who created the graphs in the leaked document or for whom they were intended. “To see an incomplete version of his work disseminated and discussed so publicly was all the more unnerving,” NPR reported, because “it’s obvious from the graph that the simulations he’s run thus far are not that robust—since they fail to predict the actual number of deaths to date.” That’s a detail the Times might have noticed if it hadn’t been so eager to present the document as evidence of recklessness.

By now the Times, an enthusiastic advocate of lockdowns in its news reporting as well as its editorials, has consigned this embarrassing episode to the memory hole. But it provides a lesson for all of us, regardless of what we think about the merits of sweeping restrictions on movement and economic activity as a response to the COVID-19 epidemic. Human beings have a strong tendency to latch onto evidence, no matter how dubious, that reinforces what they already believe. There is no hope of eliminating that cognitive bias. The best we can do is try to keep it in mind.

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Gun Sales Surge

… at least judging by federal background check data—the blue line is for 2020, and the others are for 2016 (green), 2017 (orange), 2018 (grey), and 2019 (yellow).

Of course, this doesn’t include illegal gun sales, and gun sales by non-firearms-dealers in those states that don’t require background checks in such situations.

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“‘Only the Cops Need Guns’ Simply Could Not Live Forever Alongside, ‘The Cops Are Racist and Will Kill You'”

An interesting short article by Charles C.W. Cooke, editor of the National Review (though of course, as he notes, there are plenty of good arguments for being able to effectively defend yourself even if the cops aren’t racist and will kill you).

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Oral Dissents at the Supreme Court: They Can Still Happen

In most years, the Supreme Court Justices go on the bench to announce their opinions in person, with the authors of each majority opinion reading a brief summary. A few times a year, dissenting Justices who feel strongly enough will also read a summary of their dissents, which can often add drama and draw public attention.

As Josh noted on May 24, this Spring the Court is obviously not meeting in person to announce opinions, so the Justices aren’t reading aloud from their opinions, either; Josh regretted that. An AP story today discusses the matter as well, quoting several experts who view the practice as valuable.

I just wanted to mention that there’s no reason why such reading of dissents—or, for those Justices who want to, majority opinions—couldn’t continue this year via streaming audio. The Justices’ May oral arguments were made available to the public via what was essentially a conference call streamed and archived by C-SPAN.

Precisely the same technology could be used for Justices who want to read opinion summaries. A Justice who wants to do this could just alert the Chief and the other Justices, and ask that such a call be set up; the other Justices would be welcome to be on the call, though there’s no reason why they should all feel obligated. (Presumably the majority opinion author might feel obligated to read the summary of the majority, and maybe some others might feel that they ought to listen in, but it would be a very slight burden on most of the colleagues.)

In principle, I suppose a Justice could just unilaterally ask the administrative people to arrange this, though I would think such a move would be seen as uncollegial. But if the Justice asks the others, I expect that rejecting such a reasonable request—which is very much in keeping with the tradition of oral dissents—would be seen as uncollegial, too. And of course several Justices might want to do this, each for a different case.

So we might yet hear oral dissents, likely with accompanying oral summaries of the majority (and maybe even the very rare oral concurrence). If we don’t, that would be just the choice of the dissenters, not some inherent limitation stemming from the technology, court rules, or tradition.

from Latest – Reason.com https://ift.tt/2Mw1WiA
via IFTTT

Joe Biden Wants To Reform the Criminal Justice System He Helped Create

During a week of protests, looting, and violence ignited by the murder of George Floyd, Democratic presidential candidate Joe Biden pledged his support for meaningful criminal justice reform and doing more to prevent police abuses.

Biden deserves praise for getting behind vital reforms as he campaigns for president in 2020, but it’s worth remembering that the former senator from Delaware is partly responsible for some of the worst aspects of today’s criminal justice system.

From the crack crackdown of the 1980s to the crime legislation of the 1990s to the post-9/11 war on terror, Biden throughout his career has represented the Democratic Party consensus, shifting his views to fit whatever best serves his own political career. Over his 44 years in the Senate and then as vice president, Biden was a leading architect of the modern criminal justice system, contributing to mass incarceration and the police misconduct that people are protesting today.

Click here to watch the full documentary on Joe Biden’s record.

Produced, written, and edited by Justin Monticello. Graphics by Lex Villena and Austin Bragg. Research by Regan Taylor. Audio production by Ian Keyser. 

Music: Cooper Cannell, Futuremono, and Lex Villena.

from Latest – Reason.com https://ift.tt/2zUuS14
via IFTTT

Lockdown Supporters Embraced Wildly Wrong COVID-19 Projections That Fit Their Preconceptions

A month ago, The New York Times published an internal Trump administration document that predicted the United States would be seeing 3,000 COVID-19 fatalities per day by June 1, raising the national death toll above 200,000. The document also projected that the daily number of new confirmed cases would exceed 200,000 by then—i.e., by now.

“The numbers underscore a sobering reality,” the Times reported. “The United States has been hunkered down for the past seven weeks to try slowing the spread of the virus, but reopening the economy will make matters worse.” It said “the projections confirm the primary fear of public health experts: that a reopening of the economy will put the nation back where it was in mid-March, when cases were rising so rapidly in some parts of the country that patients were dying on gurneys in hospital hallways.”

The projections that supposedly confirmed that fear were widely cited by people who argued that states such as Florida, Georgia, and Texas were inviting a public health disaster by lifting their lockdowns too soon. But the projections turned out to be wildly off, predicting more than three times as many daily deaths as we have seen so far in June, nearly twice as many total deaths as of June 1, and nine times as many daily new cases.

Lockdown supporters have since moved on from those obviously erroneous predictions. But the way they were loudly touted and then quietly abandoned illustrates the perils of confirmation bias for people on both sides of the overheated debate about COVID-19 control measures.

The White House immediately disavowed the alarming projections highlighted by the Times, saying the document did not reflect the views of the administration’s coronavirus task force. The projections “should not be taken as a forecast,” White House Press Secretary Kayleigh McEnany cautioned. “This ‘study’ considered zero mitigation, meaning it was conducted as though no federal guidelines were in place, no contact tracing, no expansion of testing, while removing all shelter in place protocols laid out in the phased approach of the Opening Up America Again guidelines for individuals with co-morbidities.”

For critics who believed the president and like-minded governors were bent on reopening the economy, no matter the cost in human lives, those reassurances carried little weight. But according to the epidemiologist who produced the projections, they were a work in progress based on one possible scenario that he did not necessarily view as likely.

The document leaked to the Times is identified as the work of the Federal Emergency Management Agency (FEMA) and the Department of Health and Human Services (HHS). Some of the pages also carry the logo of the U.S. Centers for Disease Control and Prevention (CDC), which is part of HHS. While the White House and some press accounts described the projections as the CDC’s work, they were actually produced by Justin Lessler, an epidemiologist at Johns Hopkins University’s Bloomberg School of Public Health, under a contract with FEMA.

The day after the Times story appeared, NPR interviewed Lessler, who described the projections as “preliminary work” that was “always intended to be shown to people who were fully aware that this was work in progress, not a final result.” NPR noted that the projections reported by the Times werebased on only about one-third of the scenarios that Lessler will be including in the final projections.” It explained that “the incomplete projection published in The New York Times of more than 200,000 new cases and more than 3,000 new deaths per day by June 1 is just one of many possible scenarios.”

How much confidence did Lessler have in that particular projection, which has since been decisively contradicted by reality? “I do not know if it is likely,” he said.

Lessler told NPR he did not know who created the graphs in the leaked document or for whom they were intended. “To see an incomplete version of his work disseminated and discussed so publicly was all the more unnerving,” NPR reported, because “it’s obvious from the graph that the simulations he’s run thus far are not that robust—since they fail to predict the actual number of deaths to date.” That’s a detail the Times might have noticed if it hadn’t been so eager to present the document as evidence of recklessness.

By now the Times, an enthusiastic advocate of lockdowns in its news reporting as well as its editorials, has consigned this embarrassing episode to the memory hole. But it provides a lesson for all of us, regardless of what we think about the merits of sweeping restrictions on movement and economic activity as a response to the COVID-19 epidemic. Human beings have a strong tendency to latch onto evidence, no matter how dubious, that reinforces what they already believe. There is no hope of eliminating that cognitive bias. The best we can do is try to keep it in mind.

from Latest – Reason.com https://ift.tt/3cz4jvF
via IFTTT

Gun Sales Surge

… at least judging by federal background check data—the blue line is for 2020, and the others are for 2016 (green), 2017 (orange), 2018 (grey), and 2019 (yellow).

Of course, this doesn’t include illegal gun sales, and gun sales by non-firearms-dealers in those states that don’t require background checks in such situations.

from Latest – Reason.com https://ift.tt/2MwnYlk
via IFTTT

“‘Only the Cops Need Guns’ Simply Could Not Live Forever Alongside, ‘The Cops Are Racist and Will Kill You'”

An interesting short article by Charles C.W. Cooke, editor of the National Review (though of course, as he notes, there are plenty of good arguments for being able to effectively defend yourself even if the cops aren’t racist and will kill you).

from Latest – Reason.com https://ift.tt/3eR8vZe
via IFTTT