NY Times Columnist Says Vance’s Mother Should Have Sold Him To Feed Her Addiction

NY Times Columnist Says Vance’s Mother Should Have Sold Him To Feed Her Addiction

Authored by Jonathan Turley,

In an age of rage, it is often difficult to stand out in the mob as so many pander to the perpetually irate.

However, New York Times columnist Jamelle Bouie has found a way to win the race to the bottom.

In a posting on Bluesky, Bouie mocked the account of the addiction of the mother of Vice President J.D. Vance, saying that she should have sold her son for drugs.

Bouie used Bluesky (the digital safe zone for the viewpoint intolerant on the left) to post one of the most reprehensible attacks on Vance. Bouie wrote that “this is a wicked man who knows he is being wicked and does it anyway.”

That is hardly notable on today’s rage scale.

However, he then decided to use the painful addiction history of Beverly Aikins against her son: “No wonder his mom tried to sell him for Percocets. [I] can’t imagine a parent who wouldn’t sell little JD for percocet if they knew he would turn out like this.’

Vance wrote a celebrated bestseller, “Hillbilly Elegy,” about his difficult childhood with a mother who became addicted to pain medication and eventually found herself stealing drugs from her patients. It was a tragic account of how addiction tore their family apart, but also a tale of redemption: “I knew that a mother could love her son despite the grip of addiction. I knew that my family loved me, even when they struggled to take care of themselves.”

In April of last year, Vance celebrated his mother’s decade of sobriety.

As I discuss in my new book Rage and the Republic,”  a common element to past radical movements has been the dehumanization of political opponents. In calling others “Gestapo,” “fascists,” and “Nazis,” you achieve a certain license to say and do things that you would ordinarily never say or do. By stripping them of any humanity or right to empathy, you are free to discard the limitations of decency and civility.

Rage is itself a type of drug. It is addictive and, while they never admit it, they like it.

Bouie shows the lack of self-awareness in his hateful posts. It is the ultimate example of transference; a self-description ascribed to those you hate.

On his New York Times bio, Bouie insists that “I come from a left-leaning, social democratic perspective, but I strive for honesty, fairness and good faith in my writing.” He adds that “I abide by the same rigorous ethical standards as all Times journalists.”

If using Vance’s tragic childhood and his mother’s addiction is an example of the “fairness and good faith” of the New York Times, it is a chilling prospect.

In his book, Vance observes that the children of broken and impoverished homes often give up hope, as he did: “Psychologists call it “learned helplessness” when a person believes, as I did during my youth, that the choices I made had no effect on the outcomes in my life.”

He found that choices do matter in shaping your life. We all make such choices, as did Bouie in becoming another voice of rage and the New York Times in giving him a platform to amplify his views.

It is the same choice that the Times makes in barring a U.S. senator and firing editors for exposing readers to alternative viewpoints while publishing those who advocate repression or rationalize political violence.  To the obvious appeal of its readers, the paper now peddles in hate to feed a national addiction.

In the end, Vance and his mother have overcome far greater challenges than this vicious columnist or the hatefest at Bluesky. From adversity, they found a strength and a bond that has inspired many who are struggling with such addictions and poverty.

It is clear who is “wicked” in these postings. Perhaps it is even strangely edifying and self-condemning. As Victor Hugo observed, “the wicked envy and hate; it is their way of admiring.”

Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

Tyler Durden
Mon, 02/09/2026 – 12:20

via ZeroHedge News https://ift.tt/yUNThke Tyler Durden

Kyndryl Collapses On Accounting Review, CFO Exit As Analysts Brand IBM-Spinoff A “Disaster”

Kyndryl Collapses On Accounting Review, CFO Exit As Analysts Brand IBM-Spinoff A “Disaster”

Shares in Kyndryl, an IBM spinoff and IT infrastructure services provider, crashed on Monday after the company warned investors that it is reviewing certain accounting practices amid an inquiry from the Securities and Exchange Commission. The company also posted third-quarter results that missed Bloomberg Consensus estimates and disclosed what JPMorgan analysts described as a “surprise” departure of its CFO.

Kyndryl stock crashed as much as 57%, its biggest one-day drop on record. Shares traded at their lowest level since November 2022 after the company disclosed an SEC inquiry into certain accounting practices.

In a filing, Kyndryl said it “anticipates reporting material weaknesses in the Company’s internal control over financial reporting for the period covered in the Quarterly Report, as well as for the full fiscal year ended March 31, 2025, and the first two fiscal quarters of fiscal year 2026.”

This is “expected to include, but may not be limited to, the effectiveness and strength of certain functions at the Company, including with respect to controls related to information and communication and tone at the top,” the filing noted.

The information technology services provider that works with hyperscalers also announced that CFO David Wysher and general counsel Edward Sebold had left the company.

On top of that, third-quarter results missed Bloomberg consensus estimates, and the company lowered its full-year outlook for both adjusted EBITDA margin and adjusted pretax profit.

Here’s a snapshot of the third-quarter (courtesy of Bloomberg):

Adjusted EPS 52c vs. 51c y/y, estimate 61c (Bloomberg Consensus)

Revenue $3.86 billion, +3.1% y/y, estimate $3.89 billion

  • US revenue $958 million, estimate $982.3 million
  • Japan revenue $568 million, estimate $588.8 million

Adjusted Ebitda $696 million, -1.1% y/y, estimate $701.2 million

Adjusted Ebitda margin 18%, estimate 18%

Adjusted pretax profit $168 million, estimate $192.4 million

Full-Year Forecast:

  • Sees adjusted Ebitda margin 17.5%, saw about 18%

  • Sees adjusted pretax profit $575 million to $600 million, saw at least $725 million

Kyndryl CEO Martin Schroeter declined to comment during the earnings call:

“The fact is we just can’t comment until the examination is complete. The teams are working expeditiously so we can share a remediation plan.”

Kyndryl said it needs additional time to finalize its fiscal third-quarter report and noted that it is preparing a remediation plan, which will be detailed in the upcoming filing.

Analysts at JPMorgan downgraded Kyndryl to Underweight from Overweight and slashed their price target to $16 from $40. They told clients the downgrade was due to cuts to sales and profit guidance, the CFO’s surprise departure, and the delayed quarterly filing.

Bloomberg Intelligence analysts said, “Kyndryl faces secular pressure in infrastructure services and new guidance is for a revenue decline in fiscal 2026, raising doubts about the durability of its turnaround.”

KD was a disaster, with a miss-and-cut report, several mgmt. changes, and a delayed 10Q filing,” Vital Knowledge analysts wrote in a note.

Tyler Durden
Mon, 02/09/2026 – 11:45

via ZeroHedge News https://ift.tt/oQV7vKd Tyler Durden

Recent Books on the Constitution

Each fall, I teach a seminar called Recent Books on the Constitution. I initially designed this course when I visited Georgetown in 2005. At that time, because I tend to read what relates directly to my current projects, I felt that I was not keeping up with the literature. By assigning recent books on the Constitution to read as part of my teaching, I would actually read them. This has really worked for me. I have now read a lot of books on the Constitution. The complete list of all the books I have assigned is below.

Since 2005, I have assigned 100 books by 91 authors, with James Fleming, Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Jonathan Gienapp, Philip Hamburger, Kim Roosevelt, and David Bernstein each making more than one appearance. Over the years, I assigned four books in manuscript before publication. This past fall, I assigned the manuscript of the book I am now writing on libertarianism for the real world. Here are the five “recent books on the Constitution” I assigned for fall of 2025:

I select books I think I ought to read–either because of the subject or the author. I then hold off reading them myself so I can read them at the same time as the students. This enables me to react to the books along with them, and for me to remember the nuances of the books for class discussion.

The seminar format is to read 6 books, taking 2 weeks on each book, with the author coming to the class during the second week to discuss the book. The first book is now always one of mine to use as a trial run and to give the students an idea of where I am coming from when we discuss the other books. When books are longer than 250 pages, I ask the author to tell me which 250 pages I should assign. If I assign much more than 125 pages per week, I fear the students won’t read them, or won’t read them carefully enough. To help assure that they do, students submit one-page summaries of each half of the book (graded pass-fail). On the day before the author’s visit, they submit a 5500 character critique of the book, which I send to the author electronically the day before class. (They all read them.) When the class ends, there is no exam or paper for the students to write or for me to grade. We are done!

Students consistently tell me that the course is extremely enriching, and helps them develop their critical skills. They are never expected to read whole books and rarely asked to concisely formulate their own objections to scholarship. It is also empowering for them to see how well they are able to find the holes in a professor’s book-length presentation. I find that, collectively, the students are able to nail the weaknesses of every book (except mine, of course).

[Note to law professors: I have a budget to pay for the authors’ travel expenses. But now that we all have access to Zoom teaching, this seminar format can be replicated anywhere at zero cost. Wouldn’t it be great if there were a dozen or more such book seminars around the country? Try it. I promise you will love it.]

If you click on READ MORE you will see why teaching this class has been enormously rewarding for me. Offer my heartfelt thanks to all these authors for trekking to DC to discuss their books with my students.

2024

2023

2022:

2021:

  • Ilan Wurman, The Second Founding: An Introduction to the 14th Amendment (2020)
  • Stephen Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class? (2021)
  • Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021)
  • Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021)
  • David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland (2019)

2020:

2019:

  • Neal Devins, The Company They Keep: How Partisan Divisions Came to the Supreme Court (2019)
  • Larry Lessig, Fidelity & Constraint: How the Supreme Court Has Read the American Constitution (2019)
  • Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (2018)
  • Rebecca Zietlow, The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction (2017)
  • Lee Strang, Originalism’s Promise: A Natural Law Account of the American Constitution (2019)

2018:

  • Martha Jones, Birthright Citizens: A History of Race and Rights in Antebellum America (2018)
  • John Compton, The Evangelical Origins of the Living Constitution (2014)
  • Josh Chafetz, Congress’s Constitution: Legislative Authority and the Separation of Powers (2017)
  • Adam Carrington, Justice Stephen Field’s Cooperative Constitution of Liberty: Liberty in Full (2017)
  • Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (2018)

2017:

  • Barry Friedman, Unwarranted: Policing Without Permission (2017)
  • Bruce Frohnen & George Carey, Constitutional Morality and the Rise of Quasi-Law (2016)
  • Geoffrey R. Stone, Sex and the Constitution (2017)
  • Suja Thomas, The Missing American Jury (2016)
  • Thomas G. West, The Political Theory of the American Founding (2017)

2016:

  • Carson Holloway, Hamilton versus Jefferson in the Washington Administration: Completing the Founding or Destroying the Founding? (2015)
  • Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015)
  • Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016)
  • Tara Smith, Judicial Review in an Objective Legal System (2015)
  • Ilya Somin, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (2015)

2015:

  • Damon Root, Over Ruled: The Long War for the Control of the U.S. Supreme Court (Palgrave 2014)
  • F.H. Buckley, The Once and Future King: The Rise of Crown Government in America (Encounter 2014)
  • Brad Snyder, The House of Truth (Oxford 2017) (assigned ms)
  • Stephen Garbaum, The New Commonwealth Model of Constitutionalism (Cambridge 2013)
  • Laura Donohue, The Future of Foreign Intelligence (Chicago 2016) (assigned ms)

2014:

  • Clark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government (Encounter 2013)
  • Thomas Healy, The Great Dissent: How Oliver Wendell Holmes Changes His Mind – and the History of Free Speech in America (Metropolitan Books, 2013)
  • John McGinnis & Michael Rappaport, Originalism and the Good Constitution (Harvard 2013)
  • Stephen Griffin, Long Wars and the Constitution (Harvard 2013)
  • Garrett Epps, American Epic: Reading the U.S. Constitution (Oxford 2013)
  • Louis Michael Seidman, On Constitutional Disobedience (Oxford 2012)

2012 (Fall):

  • Gerard Magliocca, John Bingham: America’s Founding Son (NYU, 2013) (assigned ms)
  • Akhil Reed Amar, America’s Unwritten Constitution (Basic Books, 2012)
  • John Inazu, Liberty’s Refuge: The Forgotten Freedom of Assembly (Yale 2012)
  • Justice Antonin Scalia, Reading Law: The Interpretation of Legal Texts (West, 2012)
  • Abner Greene, Against Obligation (Harvard 2012)
  • Sandy Levinson, Framed: America’s 51 Constitutions and the Crisis of Governance (Oxford 2012)

2012 (Spring)

  • Michael J. Gerhardt, The Power of Precedent (Oxford 2008)
  • Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011)
  • Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010)
  • Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012)
  • Michael Greve, The Upside-Down Constitution (Harvard 2012)
  • Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004)

2011:

  • H. Jefferson Powell, Constitutional Conscience (Chicago, 2008)
  • Jeremy A Rabkin, Law Without Nations? (Princeton, 2005)
  • Christian G. Fritz, American Sovereigns (Cambridge, 2007)
  • Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010)
  • Sonu Bedi, Rejecting Rights (Cambridge, 2009)
  • Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010)

2010:

  • David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms)
  • Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009)
  • Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009)
  • Michael Vorenberg, Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (Cambridge, 2004)
  • George Thomas,The Madisonian Constitution (Johns Hopkins, 2008)
  • David Strauss, The Living Constitution (Oxford, 2010)

2007:

  • Alex Aleinikoff, Semblances of Sovereignty: The Constitution, the State, and American Citizenship (Harvard, 2002)
  • Dan Farber, Retained by the People: The “Silent” Ninth Amendment and the Constitutional Rights Americans Don’t Know They Have (Perseus, 2007)
  • Jim Fleming, Securing Constitutional Democracy: The Case of Autonomy (Chicago, 2006)
  • Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge, 2006)
  • Keith Whittington, Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (Princeton, 2007)

2006:

  • Philip Hamburger, Separation of Church and State (Harvard, 2002)
  • Kermit Roosevelt, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale, 2006)
  • Elizabeth Price Foley, Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality (Yale, 2006)
  • John Yoo, The Powers of War and Peace : The Constitution and Foreign Affairs after 9/11 (Chicago, 2005)
  • Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (Oxford, 2006)

2005 (Taught when I was a visitor at Georgetown. Only Mark Tushnet, who was then still on the Georgetown faculty, appeared. His class visit gave me the idea to invite all the authors in the future):

  • Mark Tushnet, Taking the Constitution Away from the Courts (Princeton, 2000)
  • Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme Court (Harvard, 2001)
  • Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (Oxford, 2004)
  • Daniel A. Farber, Suzanna Sherry, Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations (Chicago, 2004)
  • James R. Stoner, Common Law Liberty: Rethinking American Constitutionalism (Kansas, 2003)

Continue reading “Recent Books on the Constitution”

Recent Books on the Constitution

Each fall, I teach a seminar called Recent Books on the Constitution. I initially designed this course when I visited Georgetown in 2005. At that time, because I tend to read what relates directly to my current projects, I felt that I was not keeping up with the literature. By assigning recent books on the Constitution to read as part of my teaching, I would actually read them. This has really worked for me. I have now read a lot of books on the Constitution. The complete list of all the books I have assigned is below.

Since 2005, I have assigned 100 books by 91 authors, with James Fleming, Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Jonathan Gienapp, Philip Hamburger, Kim Roosevelt, and David Bernstein each making more than one appearance. Over the years, I assigned four books in manuscript before publication. This past fall, I assigned the manuscript of the book I am now writing on libertarianism for the real world. Here are the five “recent books on the Constitution” I assigned for fall of 2025:

I select books I think I ought to read–either because of the subject or the author. I then hold off reading them myself so I can read them at the same time as the students. This enables me to react to the books along with them, and for me to remember the nuances of the books for class discussion.

The seminar format is to read 6 books, taking 2 weeks on each book, with the author coming to the class during the second week to discuss the book. The first book is now always one of mine to use as a trial run and to give the students an idea of where I am coming from when we discuss the other books. When books are longer than 250 pages, I ask the author to tell me which 250 pages I should assign. If I assign much more than 125 pages per week, I fear the students won’t read them, or won’t read them carefully enough. To help assure that they do, students submit one-page summaries of each half of the book (graded pass-fail). On the day before the author’s visit, they submit a 5500 character critique of the book, which I send to the author electronically the day before class. (They all read them.) When the class ends, there is no exam or paper for the students to write or for me to grade. We are done!

Students consistently tell me that the course is extremely enriching, and helps them develop their critical skills. They are never expected to read whole books and rarely asked to concisely formulate their own objections to scholarship. It is also empowering for them to see how well they are able to find the holes in a professor’s book-length presentation. I find that, collectively, the students are able to nail the weaknesses of every book (except mine, of course).

[Note to law professors: I have a budget to pay for the authors’ travel expenses. But now that we all have access to Zoom teaching, this seminar format can be replicated anywhere at zero cost. Wouldn’t it be great if there were a dozen or more such book seminars around the country? Try it. I promise you will love it.]

If you click on READ MORE you will see why teaching this class has been enormously rewarding for me. Offer my heartfelt thanks to all these authors for trekking to DC to discuss their books with my students.

2024

2023

2022:

2021:

  • Ilan Wurman, The Second Founding: An Introduction to the 14th Amendment (2020)
  • Stephen Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class? (2021)
  • Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021)
  • Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021)
  • David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland (2019)

2020:

2019:

  • Neal Devins, The Company They Keep: How Partisan Divisions Came to the Supreme Court (2019)
  • Larry Lessig, Fidelity & Constraint: How the Supreme Court Has Read the American Constitution (2019)
  • Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (2018)
  • Rebecca Zietlow, The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction (2017)
  • Lee Strang, Originalism’s Promise: A Natural Law Account of the American Constitution (2019)

2018:

  • Martha Jones, Birthright Citizens: A History of Race and Rights in Antebellum America (2018)
  • John Compton, The Evangelical Origins of the Living Constitution (2014)
  • Josh Chafetz, Congress’s Constitution: Legislative Authority and the Separation of Powers (2017)
  • Adam Carrington, Justice Stephen Field’s Cooperative Constitution of Liberty: Liberty in Full (2017)
  • Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (2018)

2017:

  • Barry Friedman, Unwarranted: Policing Without Permission (2017)
  • Bruce Frohnen & George Carey, Constitutional Morality and the Rise of Quasi-Law (2016)
  • Geoffrey R. Stone, Sex and the Constitution (2017)
  • Suja Thomas, The Missing American Jury (2016)
  • Thomas G. West, The Political Theory of the American Founding (2017)

2016:

  • Carson Holloway, Hamilton versus Jefferson in the Washington Administration: Completing the Founding or Destroying the Founding? (2015)
  • Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015)
  • Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016)
  • Tara Smith, Judicial Review in an Objective Legal System (2015)
  • Ilya Somin, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (2015)

2015:

  • Damon Root, Over Ruled: The Long War for the Control of the U.S. Supreme Court (Palgrave 2014)
  • F.H. Buckley, The Once and Future King: The Rise of Crown Government in America (Encounter 2014)
  • Brad Snyder, The House of Truth (Oxford 2017) (assigned ms)
  • Stephen Garbaum, The New Commonwealth Model of Constitutionalism (Cambridge 2013)
  • Laura Donohue, The Future of Foreign Intelligence (Chicago 2016) (assigned ms)

2014:

  • Clark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government (Encounter 2013)
  • Thomas Healy, The Great Dissent: How Oliver Wendell Holmes Changes His Mind – and the History of Free Speech in America (Metropolitan Books, 2013)
  • John McGinnis & Michael Rappaport, Originalism and the Good Constitution (Harvard 2013)
  • Stephen Griffin, Long Wars and the Constitution (Harvard 2013)
  • Garrett Epps, American Epic: Reading the U.S. Constitution (Oxford 2013)
  • Louis Michael Seidman, On Constitutional Disobedience (Oxford 2012)

2012 (Fall):

  • Gerard Magliocca, John Bingham: America’s Founding Son (NYU, 2013) (assigned ms)
  • Akhil Reed Amar, America’s Unwritten Constitution (Basic Books, 2012)
  • John Inazu, Liberty’s Refuge: The Forgotten Freedom of Assembly (Yale 2012)
  • Justice Antonin Scalia, Reading Law: The Interpretation of Legal Texts (West, 2012)
  • Abner Greene, Against Obligation (Harvard 2012)
  • Sandy Levinson, Framed: America’s 51 Constitutions and the Crisis of Governance (Oxford 2012)

2012 (Spring)

  • Michael J. Gerhardt, The Power of Precedent (Oxford 2008)
  • Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011)
  • Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010)
  • Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012)
  • Michael Greve, The Upside-Down Constitution (Harvard 2012)
  • Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004)

2011:

  • H. Jefferson Powell, Constitutional Conscience (Chicago, 2008)
  • Jeremy A Rabkin, Law Without Nations? (Princeton, 2005)
  • Christian G. Fritz, American Sovereigns (Cambridge, 2007)
  • Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010)
  • Sonu Bedi, Rejecting Rights (Cambridge, 2009)
  • Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010)

2010:

  • David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms)
  • Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009)
  • Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009)
  • Michael Vorenberg, Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (Cambridge, 2004)
  • George Thomas,The Madisonian Constitution (Johns Hopkins, 2008)
  • David Strauss, The Living Constitution (Oxford, 2010)

2007:

  • Alex Aleinikoff, Semblances of Sovereignty: The Constitution, the State, and American Citizenship (Harvard, 2002)
  • Dan Farber, Retained by the People: The “Silent” Ninth Amendment and the Constitutional Rights Americans Don’t Know They Have (Perseus, 2007)
  • Jim Fleming, Securing Constitutional Democracy: The Case of Autonomy (Chicago, 2006)
  • Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge, 2006)
  • Keith Whittington, Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (Princeton, 2007)

2006:

  • Philip Hamburger, Separation of Church and State (Harvard, 2002)
  • Kermit Roosevelt, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale, 2006)
  • Elizabeth Price Foley, Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality (Yale, 2006)
  • John Yoo, The Powers of War and Peace : The Constitution and Foreign Affairs after 9/11 (Chicago, 2005)
  • Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (Oxford, 2006)

2005 (Taught when I was a visitor at Georgetown. Only Mark Tushnet, who was then still on the Georgetown faculty, appeared. His class visit gave me the idea to invite all the authors in the future):

  • Mark Tushnet, Taking the Constitution Away from the Courts (Princeton, 2000)
  • Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme Court (Harvard, 2001)
  • Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (Oxford, 2004)
  • Daniel A. Farber, Suzanna Sherry, Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations (Chicago, 2004)
  • James R. Stoner, Common Law Liberty: Rethinking American Constitutionalism (Kansas, 2003)

Continue reading “Recent Books on the Constitution”

A ‘Goldilocks’ Effect for Online Teens? Moderate Social Media Users Fare Better Than Abstainers or Heavy Users


Image of teenagers on their phones with study results over them | Envato/American Medical Association

A giant new study of social media use by fourth through twelfth graders found that moderate use of online platforms was “associated with the best well-being outcomes”—better than those seen with kids who abstained entirely.

“Social media’s association with adolescent well-being is complex and nonlinear, suggesting that both abstinence and excessive use can be problematic,” concludes the paper, published in JAMA Pediatrics.

Meanwhile, a British study has found “no evidence that time spent on social media or gaming” predicts later development of depression or anxiety.

No Use Sometimes Worse Than Heavy Use

In the JAMA Pediatrics study, researchers at the University of South Australia looked at three years’ worth of data involving 100,991 Australian teens and tweens. It included information on after-school social media use (defined as use between 3 and 6 p.m. on weekdays) and on various measures of well-being, including happiness, optimism, worry, emotional regulation, and cognitive engagement.

The data revealed “a U-shaped association,” where both social media abstinence and heavy social media use were linked to poorer well-being while moderate social media use was linked to better well-being.

For older boys, the risks associated with no use exceeded the risks associated with high use.

“For both boys and girls, those with moderate after-school social media use generally had the lowest odds of low well-being across school grade groupings,” the paper states.

“Among girls, well-being was highest with no use in early adolescence (grades 4–6), but from middle adolescence (grades 7–9) onward moderate use was most advantageous, while high use was consistently adverse and had the greatest association with low well-being in grades 8 and 9,” it elaborates. “Among boys, well-being was similar for nonusers and moderate users in early adolescence (grades 4–6), but from midadolescence (grades 7–9) nonuse became increasingly associated with poorer outcomes, exceeding the risk of high use by late adolescence (grades 10–12).”

“The overall pattern is consistent with the Goldilocks hypothesis,” the authors conclude, “which suggests that moderate digital media is least risky, with very low or very high engagement less favorable.”

What This Study Can’t Tell Us

So what’s going on here? Can we conclude that some social media is actually good for kids?

Not exactly. As someone who is always cautioning against misreading correlational studies as causal when they suggest social media harms, I think it’s important that we exercise the same prudence here. So—throat clearing time: The fact that no use and high use are associated with poorer well-being does not mean that they cause the poor outcomes. Nor does moderate use being associated with better wellbeing mean that moderate use causes better outcomes.

It’s possible that well-adjusted young people with healthy home lives and happy social lives are prone to neither spend too much time on social media nor to avoid it entirely. Meanwhile, people with preexisting mental health problems or life stressors may turn too much to online diversions or avoid it entirely, either by choice or because of parental rules. In other words, poorer or better well-being may drive the amount of social media use rather than the other way around—or some third factor (such as super-strict parents) may drive both the amount of time spent online and overall levels of well being.

It’s also worth noting that this study was conducted in a world where much of our social lives are lived virtually, social media are a primary source of both news and entertainment, and so on. In some alternate world in which none of this is true, the “no use” condition for kids could conceivably be optimal. In the world that exists, being entirely removed from social media can be isolating.

Some might see this as an argument for banning minors from social media entirely. After all, if none of them have social media accounts, the FOMO effect might lessen.

But young people would certainly find other digital ways to communicate—group chats and so on—that would leave out some peers, especially peers who were barred from those avenues of communication. And much of the entertainment and politics and activism world would continue to operate on social media, with or without adolescents watching. So even if this were all about social media itself, I’m not convinced a total ban of under-16s or such would make much difference.

And let’s keep in mind (once again!) that this almost certainly isn’t all about social media itself, since offline conditions and preexisting personalities and problems are likely to drive levels of use at least as much as the other way around.

What This Study Can  Tell Us

Come on, those opposed to tech panic can gloat about this study a little, can’t we?  you might be thinking.

Yes! At least I think we can. Because here’s what this study does tell us: Moderate social media use isn’t dooming young people. It’s possible for them to use social media moderately and still thrive.

We needn’t know anything about which way the causation flows to come to those conclusions. It’s very clear that, on average, teens and tweens are capable of some social media use while staying sane and healthy.

This counters the narrative put out by a lot of teens-and-tech doomers and the types of people pushing for strict laws that ban teens from social media, require platforms to check everyone’s IDs, and so on. Their ideas are premised on the idea that it would be beneficial to get young people off social media entirely. Studies like this one suggest that may not be true.

Keep in mind that the “moderate use” category in this study was not conservative. Up to 12.5 hours per week of social media use between the weekday hours of 3 and 6 p.m. was defined as moderate. So this isn’t merely a finding that the smallest smidge of social media is OK.

Some Limitations

Some elements of the Australian study leave something to be desired. It relied on self-reports, which aren’t always reliable. It didn’t look at time spent on social media outside just-after-school hours. (It’s possible—though it seems unlikely—that some heavy users during these hours were rarely users at other times, or that some who abstained during these times were heavy users at other times.)

The biggest limitation I see is that the data covered 2020 to 2022—the COVID years. Not exactly a normal observational period. The pandemic was a particularly bad time to be offline.

The main upside here still stands: Moderate social media use didn’t devastate well being.

…But Wait, That’s Not All

Yet another huge study of kids and technology also challenges the idea that screen time is inherently negative. This one, conducted by researchers at the University of Manchester and published in the Journal of Public Health, looked at British 11- to 14-year-olds and found “no evidence that time spent on social media or gaming frequency predicted later internalizing symptoms among girls or boys.”

Internalizing symptoms include indicators of such problems as anxiety and depression.

Using something called the #BeeWell dataset, the researchers studied subjects at three points in time: autumn 2021, autumn 2022, and autumn 2023.

“The lack of evidence linking social media use or gaming frequency to later internalizing symptoms suggests that these activities may not play a causal role in the development of adolescent mental health difficulties,” the researchers conclude.

“Our findings challenge the widespread assumption that time spent on these technologies is inherently harmful and highlight the need for more nuanced perspectives that consider the context and individual differences in their use,” they state.

Notably, the study failed to find a reverse sort of causation either. “Our findings did not support the idea that internalizing symptoms predict later social media use,” notes the paper.

Taken together, this study and the Australian study “land like a sledgehammer” on “the ‘social media is destroying kids’ narrative, popularized by Jonathan Haidt and others,” writes Mike Masnick at Techdirt. But “this shouldn’t be surprising to anyone who has been paying attention,” since study after study has been “showing that the relationship between social media and teen mental health is complicated, context-dependent, and nowhere near as clear-cut as Haidt’s ‘The Anxious Generation’ would have you believe.”


Discord to Start Requiring IDs or Facial Scans

Ugh: “Discord announced on Monday that it’s rolling out age verification on its platform globally starting next month, when it will automatically set all users’ accounts to a ‘teen-appropriate’ experience unless they demonstrate that they’re adults,” reports The Verge.

The “teen-appropriate experience” means “updated communication settings, restricted access to age-gated spaces, and content filtering,” per Discord’s announcement. The company adds:

Beginning with a phased global rollout to new and existing users in early March, users may be required to engage in an age-verification process to change certain settings or access sensitive content. This includes age-restricted channels, servers, or commands and select message requests….

Discord users can choose to use facial age estimation or submit a form of identification to its vendor partners, with more options coming in the future. Additionally, Discord will implement its age inference model, a new system that runs in the background to help determine whether an account belongs to an adult, without always requiring users to verify their age. Some users may be asked to use multiple methods if more information is needed to assign an age group.


More Sex & Tech News

• “Arizona must stop enforcing abortion restrictions that predate and contradict a 2024 voter-approved constitutional amendment guaranteeing abortion rights,” reports the Associated Press, covering a court ruling released on Friday.

• Utah Senate Bill 73 “would impose a new tax on pornographic websites,” reports Fox 13 Salt Lake City. Any money made would be “earmarked for youth mental health resources.”

• Introducing…whatever this is:

The post A 'Goldilocks' Effect for Online Teens? Moderate Social Media Users Fare Better Than Abstainers or Heavy Users appeared first on Reason.com.

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A ‘Goldilocks’ Effect for Online Teens? Moderate Social Media Users Fare Better Than Abstainers or Heavy Users


Image of teenagers on their phones with study results over them | Envato/American Medical Association

A giant new study of social media use by fourth through twelfth graders found that moderate use of online platforms was “associated with the best well-being outcomes”—better than those seen with kids who abstained entirely.

“Social media’s association with adolescent well-being is complex and nonlinear, suggesting that both abstinence and excessive use can be problematic,” concludes the paper, published in JAMA Pediatrics.

Meanwhile, a British study has found “no evidence that time spent on social media or gaming” predicts later development of depression or anxiety.

No Use Sometimes Worse Than Heavy Use

In the JAMA Pediatrics study, researchers at the University of South Australia looked at three years’ worth of data involving 100,991 Australian teens and tweens. It included information on after-school social media use (defined as use between 3 and 6 p.m. on weekdays) and on various measures of well-being, including happiness, optimism, worry, emotional regulation, and cognitive engagement.

The data revealed “a U-shaped association,” where both social media abstinence and heavy social media use were linked to poorer well-being while moderate social media use was linked to better well-being.

For older boys, the risks associated with no use exceeded the risks associated with high use.

“For both boys and girls, those with moderate after-school social media use generally had the lowest odds of low well-being across school grade groupings,” the paper states.

“Among girls, well-being was highest with no use in early adolescence (grades 4–6), but from middle adolescence (grades 7–9) onward moderate use was most advantageous, while high use was consistently adverse and had the greatest association with low well-being in grades 8 and 9,” it elaborates. “Among boys, well-being was similar for nonusers and moderate users in early adolescence (grades 4–6), but from midadolescence (grades 7–9) nonuse became increasingly associated with poorer outcomes, exceeding the risk of high use by late adolescence (grades 10–12).”

“The overall pattern is consistent with the Goldilocks hypothesis,” the authors conclude, “which suggests that moderate digital media is least risky, with very low or very high engagement less favorable.”

What This Study Can’t Tell Us

So what’s going on here? Can we conclude that some social media is actually good for kids?

Not exactly. As someone who is always cautioning against misreading correlational studies as causal when they suggest social media harms, I think it’s important that we exercise the same prudence here. So—throat clearing time: The fact that no use and high use are associated with poorer well-being does not mean that they cause the poor outcomes. Nor does moderate use being associated with better wellbeing mean that moderate use causes better outcomes.

It’s possible that well-adjusted young people with healthy home lives and happy social lives are prone to neither spend too much time on social media nor to avoid it entirely. Meanwhile, people with preexisting mental health problems or life stressors may turn too much to online diversions or avoid it entirely, either by choice or because of parental rules. In other words, poorer or better well-being may drive the amount of social media use rather than the other way around—or some third factor (such as super-strict parents) may drive both the amount of time spent online and overall levels of well being.

It’s also worth noting that this study was conducted in a world where much of our social lives are lived virtually, social media are a primary source of both news and entertainment, and so on. In some alternate world in which none of this is true, the “no use” condition for kids could conceivably be optimal. In the world that exists, being entirely removed from social media can be isolating.

Some might see this as an argument for banning minors from social media entirely. After all, if none of them have social media accounts, the FOMO effect might lessen.

But young people would certainly find other digital ways to communicate—group chats and so on—that would leave out some peers, especially peers who were barred from those avenues of communication. And much of the entertainment and politics and activism world would continue to operate on social media, with or without adolescents watching. So even if this were all about social media itself, I’m not convinced a total ban of under-16s or such would make much difference.

And let’s keep in mind (once again!) that this almost certainly isn’t all about social media itself, since offline conditions and preexisting personalities and problems are likely to drive levels of use at least as much as the other way around.

What This Study Can  Tell Us

Come on, those opposed to tech panic can gloat about this study a little, can’t we?  you might be thinking.

Yes! At least I think we can. Because here’s what this study does tell us: Moderate social media use isn’t dooming young people. It’s possible for them to use social media moderately and still thrive.

We needn’t know anything about which way the causation flows to come to those conclusions. It’s very clear that, on average, teens and tweens are capable of some social media use while staying sane and healthy.

This counters the narrative put out by a lot of teens-and-tech doomers and the types of people pushing for strict laws that ban teens from social media, require platforms to check everyone’s IDs, and so on. Their ideas are premised on the idea that it would be beneficial to get young people off social media entirely. Studies like this one suggest that may not be true.

Keep in mind that the “moderate use” category in this study was not conservative. Up to 12.5 hours per week of social media use between the weekday hours of 3 and 6 p.m. was defined as moderate. So this isn’t merely a finding that the smallest smidge of social media is OK.

Some Limitations

Some elements of the Australian study leave something to be desired. It relied on self-reports, which aren’t always reliable. It didn’t look at time spent on social media outside just-after-school hours. (It’s possible—though it seems unlikely—that some heavy users during these hours were rarely users at other times, or that some who abstained during these times were heavy users at other times.)

The biggest limitation I see is that the data covered 2020 to 2022—the COVID years. Not exactly a normal observational period. The pandemic was a particularly bad time to be offline.

The main upside here still stands: Moderate social media use didn’t devastate well being.

…But Wait, That’s Not All

Yet another huge study of kids and technology also challenges the idea that screen time is inherently negative. This one, conducted by researchers at the University of Manchester and published in the Journal of Public Health, looked at British 11- to 14-year-olds and found “no evidence that time spent on social media or gaming frequency predicted later internalizing symptoms among girls or boys.”

Internalizing symptoms include indicators of such problems as anxiety and depression.

Using something called the #BeeWell dataset, the researchers studied subjects at three points in time: autumn 2021, autumn 2022, and autumn 2023.

“The lack of evidence linking social media use or gaming frequency to later internalizing symptoms suggests that these activities may not play a causal role in the development of adolescent mental health difficulties,” the researchers conclude.

“Our findings challenge the widespread assumption that time spent on these technologies is inherently harmful and highlight the need for more nuanced perspectives that consider the context and individual differences in their use,” they state.

Notably, the study failed to find a reverse sort of causation either. “Our findings did not support the idea that internalizing symptoms predict later social media use,” notes the paper.

Taken together, this study and the Australian study “land like a sledgehammer” on “the ‘social media is destroying kids’ narrative, popularized by Jonathan Haidt and others,” writes Mike Masnick at Techdirt. But “this shouldn’t be surprising to anyone who has been paying attention,” since study after study has been “showing that the relationship between social media and teen mental health is complicated, context-dependent, and nowhere near as clear-cut as Haidt’s ‘The Anxious Generation’ would have you believe.”


Discord to Start Requiring IDs or Facial Scans

Ugh: “Discord announced on Monday that it’s rolling out age verification on its platform globally starting next month, when it will automatically set all users’ accounts to a ‘teen-appropriate’ experience unless they demonstrate that they’re adults,” reports The Verge.

The “teen-appropriate experience” means “updated communication settings, restricted access to age-gated spaces, and content filtering,” per Discord’s announcement. The company adds:

Beginning with a phased global rollout to new and existing users in early March, users may be required to engage in an age-verification process to change certain settings or access sensitive content. This includes age-restricted channels, servers, or commands and select message requests….

Discord users can choose to use facial age estimation or submit a form of identification to its vendor partners, with more options coming in the future. Additionally, Discord will implement its age inference model, a new system that runs in the background to help determine whether an account belongs to an adult, without always requiring users to verify their age. Some users may be asked to use multiple methods if more information is needed to assign an age group.


More Sex & Tech News

• “Arizona must stop enforcing abortion restrictions that predate and contradict a 2024 voter-approved constitutional amendment guaranteeing abortion rights,” reports the Associated Press, covering a court ruling released on Friday.

• Utah Senate Bill 73 “would impose a new tax on pornographic websites,” reports Fox 13 Salt Lake City. Any money made would be “earmarked for youth mental health resources.”

• Introducing…whatever this is:

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Democratizing Criminal Justice Through Crime Victims’ Rights

The NYU Law Democracy Project is promoting dialogue across ideological and political lines, their goal being to help break through today’s partisanship. They’ve launched the “100 Ideas in 100 Days” series, featuring a wide range of contributions from voices across the political spectrum in the United States and around the world.

My friend Steve Twist and I have made a contribution to their effort by proposing increased attention to crime victims in the criminal justice process. The introduction to our essay explains how elevating the role of crime victims could help improve public confidence in the system:

Growing citizen distrust is a serious problem facing the nation’s criminal justice system—and, as a result, our democracy. Over the last decade, we have seen arguments coming from both sides of the political divide about politicization, unfair charges, and unjust results. These concerns about politicization are not tied to one Administration or the other but have been growing for years.

The usual solution offered is to increase the professionalization of the system, bring in more lawyers or judges and insulate them from political pressures and the like. Or to place more emphasis on historic norms that often seem to shift, depending on who is assessing those norms.

A more viable solution is not to turn to the “professionals” but to increase participation by ordinary citizens—those who have the most at stake in the criminal justice system: crime victims and their families. Such an approach is broadly democratic, as it removes power from the government (whoever might be in control). A more victim-centric system places power in the hands of those who have less incentive to politicize outcomes and more incentive to focus on violent and other clearly non-political crimes.

You can read our whole essay here.

The post Democratizing Criminal Justice Through Crime Victims' Rights appeared first on Reason.com.

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Claiming Bad Bunny Isn’t Successful Is as Foolish As Claiming He Isn’t American


Bad Bunny performing during the Super Bowl halftime show | Credit: NFL via YouTube

Over the past 20 years, the Super Bowl halftime show has featured performances by the Rolling Stones, the Who, Coldplay, Shakira, and Rihanna. Unlike Bad Bunny, the Puerto Rican pop star who drew a record audience for his performance at Sunday’s Super Bowl LX, none of those performers are American citizens.

Yet the conservative outrage machine cranked itself into high gear on social media to denounce Bad Bunny, ostensibly because he is somehow undeserving or insufficiently American.

As is often the case, those efforts took their cues from the man at the top. President Donald Trump called the show “an affront to the Greatness of America” and claimed it “doesn’t represent our standards of Success, Creativity, or Excellence.”

Conservative influencer Jake Paul accused Bad Bunny of being “a fake American citizen.”

Others put a finer point on it: “This isn’t White enough for me,” wrote the right-wing activist Laura Loomer, who claimed she “can’t even watch a Super Bowl anymore because immigrants have literally ruined everything.”

Again: Bad Bunny is an American, unlike many past Super Bowl halftime show headliners.

And if Loomer can’t enjoy the Super Bowl if it isn’t white enough, she must be disappointed by most aspects of the game. Most of the guys on the field weren’t white. Last night’s Most Valuable Player was Kenneth Walker III, a black running back for the Seattle Seahawks.

That’s fine, because the Super Bowl is a color-blind celebration of excellence. It is the exact opposite of the Diversity, Equity, and Inclusion efforts that the Trump coalition opposes. Walker did not win MVP because he’s black, and the Seahawks did not win the championship because they had a roster with a bureaucrat-approved mix of races. They won because they are very good at their jobs.

The same is true for Bad Bunny. He’s one of the biggest stars in the music industry! And he is wildly successful because people freely choose to spend their money streaming his music and going to his shows.

It makes as much sense to criticize Bad Bunny for being unsuccessful as it does to attack him for being un-American. Both are factually untrue and transparently ridiculous.

That doesn’t mean you have to like Bad Bunny’s music. I can barely name three of his songs. (Approaching 40 is rough.) You don’t have to applaud his halftime performance—although, c’mon, it was pretty cool and quite impressive on a production and technical level, and it told a story that a non-Spanish speaker could follow.

And you don’t have to like that he sings in Spanish, which seems to be the real root of most of the complaints about him headlining the Super Bowl. That’s a matter of personal taste.

But the right-wing outrage machine takes gripes based on personal taste and extrapolates them into questions of merit. And some, like Loomer, then try to add a racial element.

It’s exhausting. It’s weird. And outside of Twitter, I suspect it’s not very successful.

A political movement that is determined to create unnecessary grievances targeting America’s most successful homegrown artists is not upholding meritocracy or other American values. It is demanding conformity and its own version of political correctness. Most of us have had enough of that, and we don’t much care whether it is coming from the right or the left.

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Inflation Expectations Tumble To 6-Month Lows, Labor Market Optimism Rebounds; NYFed

Inflation Expectations Tumble To 6-Month Lows, Labor Market Optimism Rebounds; NYFed

Despite the ongoing partisan panic over ‘Trump-driven inflation’ or whatever narrative-du-jour the mainstream media chooses, inflation expectations tracked by the NY Fed survey of Consumer Expectations dropped to six-month lows. inflation expectations tracked by the NY Fed survey of Consumer Expectations

Median inflation expectations in January declined by 0.3 percentage point at the one-year-ahead horizon to 3.1% and remained steady at the three-year and five-year-ahead horizons at 3.0%.

Additionally, median inflation uncertainty – or the uncertainty expressed regarding future inflation outcomes – decreased at the one-year and three-year-ahead horizons and increased at the five-year-ahead horizon.

Over the next year consumers expect gasoline prices to rise 2.8%; food prices to rise 5.74%; medical costs to rise 9.8%; the price of a college education to rise 9.03%; rent prices to rise 6.82%

Optimism over the labor market improved modestly with median one-year-ahead earnings growth expectations increased by 0.2 percentage point to 2.7% in January, driven by those with household income under $50,000. Additionally, respondents saw a higher probabilioty of finding a job within 3 months…

However, perceptions about households’ current financial situations deteriorated with a larger share of respondents reporting that their households were worse off compared to a year ago.

The median expected growth in household income decreased by 0.1 percentage point to 2.9% in January, equaling its trailing 12-month average.

Year-ahead expectations about households’ financial situations also deteriorated with a smaller share of respondents reporting that their households expect to be better off a year from now and a larger share reporting they expect to be worse off.

Finally, some food for thought… Going back to where we started above, why was it that for the entire term of President Biden, Democrats surveyed by UMich saw future inflation expectations dramatically below that of the NYFed’s survey respondents

…and yet the moment President Trump was elected, a sudden surge of hyperinflation angst smashed them in the head?

Net-net, the NYFed survey shows little to no anxiety over inflation, a rebound in job market optimism, but concerns remain over household financial conditions, particularly with regard to medical costs.

Tyler Durden
Mon, 02/09/2026 – 11:35

via ZeroHedge News https://ift.tt/iXHJSyD Tyler Durden

“I Will Not Sit Idly As They Use Me As A Prop”: Is Bill Clinton Moving Back Into Contempt?

“I Will Not Sit Idly As They Use Me As A Prop”: Is Bill Clinton Moving Back Into Contempt?

Authored by Jonathan Turley,

The Clintons are again suggesting that they might not agree to a deposition after previously yielding to the threat of a contempt vote.

Hillary Clinton taunted House Oversight Chair James Comer “if you want this fight…let’s have it—in public.”

For his part, Bill Clinton seemed more conclusive on X in opposing a deposition: 

“I will not sit idly as they use me as a prop in a closed-door kangaroo court.”

The question is whether the Clintons are again gaming the system after avoiding a bipartisan vote to hold them in contempt.

As with the Hunter Biden deposition (which was also delayed by such tactics), there are various reasons for holding a closed deposition before public hearings.

  • First, these depositions allow professional staff to conduct questioning in a methodical and professional manner.

    • In a public hearing, questioning is conducted by members who are often ill-equipped for substantive inquiries.

  • Second, the Clintons must be asked about a range of documents and communications that contain names and privacy-protected information.

    • At a public hearing, the use of such documents would trigger redactions and interruptions.

  • Third, these depositions allow for in-depth questioning on transactions and communications.

    • In a public hearing, members are confined to a five-minute rule that guarantees questioning cannot achieve much, if any, depth.

Those are all reasons the Clintons want a public hearing in which members, not staff, ask questions under tight time limits. It produces superficial examinations with little ability to pursue substantive conflicts or issues.

None of this really matters legally.

All citizens are compelled to appear at such hearings.

They may invoke the Fifth Amendment, but they must appear. Even the Clintons.

However, the Clintons have spent a lifetime gaming the system, avoiding accountability for alleged crimes, including (in the case of Bill Clinton) federal perjury.

This is vintage Clinton.

After a bipartisan vote in committee to hold them in contempt, they took a 180-degree turn and agreed to the depositions. The final vote was then cancelled.

Once cancelled, Bill Clinton is again suggesting that he will “not sit idly by” for such a deposition.

It is not clear what that means. He will sit for this deposition or be held in contempt like any other citizen.

The declaration could mean anything from laying the groundwork for invoking the Fifth Amendment to another act of defiance of the subpoena. He could be planning to refuse to answer certain questions in a combative approach to the deposition. However, that could still result in a contempt sanction.

Notably, the Clintons have long been able to control the conditions of their questioning. Even with the Independent Counsel, Clinton was able to secure concessions on time and questions. He still tripped the wire and committed perjury, according to a federal court.

This is a rare occasion where they will not dictate such conditions. That raises the intriguing possibility that Bill Clinton could set a precedent by invoking the Fifth Amendment. Otherwise, he may not be idle, but he will be present.

Tyler Durden
Mon, 02/09/2026 – 11:25

via ZeroHedge News https://ift.tt/V2QW1AM Tyler Durden