Sunday, June 30, 2024

Supreme Court Rulings Target Federal Regulatory Apparatus

The Supreme Court issued several rulings this past week that curtails the federal regulatory system, attracting praise from conservatives and condemnation from progressives.

The most impactful decision was to overturn the Chevron deference doctrine in 6-3 decision along ideological lines, which required the federal judiciary to defer to the interpretation of regulatory agencies when interpreting ambiguous language in federal regulatory statutes passed by Congress, as long as their interpretation are reasonable.

The Chevron deference doctrine had been in force since a 1984 decision and has since been cited in thousands of cases. The Supreme Court in its majority ruling said that those case decision can stand, though the judiciary can no longer simply defer to the agencies’ interpretations in future cases and must interpret ambiguous statutes independently.

Critics of the decision says this ruling will lead to expertise being overruled by ideologically driven judges as well as leading to more regulatory uncertainty as agencies can later be overruled by judicial decisions.

Proponents of the decision dismiss the uncertainty argument, saying that regulatory interpretations are already changed as new administrations take office and that this will force Congress to use less ambiguous and tighter language when writing legislation.

The Supreme Court also ruled against the Securities and Exchange Commission (SEC) in another 6-3 decision, ruling that targets of civil enforcement can have their cases heard by a jury trial rather than by agency adjudication bodies. While in-house a judication had Congress’s approval, the majority opinion ruled that it violated the Seventh Amendment’s protection of right to trial by jury. Critics claim this ruling will stymie regulatory efforts, given the expense and length of jury trials.

 

Attempted Bolivia Coup Ends with General’s Arrest

Bolivia avoided a coup attempt last Wednesday that would have overthrown President Luis Arce, who has faced a political crisis within his ruling left-wing party and a looming financial crisis.

The Bolivian Army’s chief general, Juan Jose Zuniga, failed to take control of the government even as his troops took control of several government buildings in the capital La Paz. Arce confronted Zuniga, ordering him to stand down, while also calling for street demonstrations to stand against the coup attempt. Zuniga’s troops began to stand down, and Zuniga was taken into custody.

Zuniga accused Arce of ordering him to plot a fake coup to boost his popularity, a charge Arce denies. Bolivia’s geostrategic importance has been heightened recently because of its massive lithium deposits, a key resource in the electric energy transition because of its role in high-capacity batteries.

 

Legendary Baseball Player Willie Mays Dies at 93

Willie Mays, the baseball great who captured the attention of millions for his strong batting and outfield abilities, died June 18th in Palo Alto, California, at 93. Known as ‘The Say Hey Kid,’ his cheerful demeanor and theatrics on the field delighted fans for his two decades of play in the major leagues.

Mays was born in 1931 in Westfield, Alabama. He began playing baseball as a young boy and started his professional career in the Negro Leagues, playing for the Chattanooga Choo-Choos and the Birmingham Barons.

In 1951, he joined the New York Giants, becoming National League Rookie of the Year. After being drafted to fight in the Korean War, he returned in 1954, helping the Giants win the World Series, most notably through the most famous play in his career, the ‘The Catch,’ in Game 1.

He went on to play until 1973, staying with the Giants when they moved to San Francisco in 1958 until his trade to the New York Mets in 1972, retiring as third in career home runs. He would make regular appearances at Giants games in his retirement.

 

Julian Assange Pleads Guilty as US Ends Legal Fight

Wikileaks founder Julian Assange pled guilty last Wednesday to one count of violating the Espionage Act at a US federal courthouse in Saipan, Northern Mariana Islands, capping a years-long fight against legal charges that threatened to send him to prison for decades. In exchange for the plea, Assange was sentenced to time served, crediting his time spent in a British prison awaiting extradition.

Assange, who launched Wikileaks in 2006, was accused of conspiring with hackers to steal US state secrets to publish on the site. Defenders of Assange called the charges attacks on the rights of journalists. Materials made public on Wikileaks over the years included video of US servicemembers killing Reuters journalists in Iraq and hacked DNC emails during the 2016 election.

After pleading guilty, Assange travelled to his home country of Australia. Assange had faced the threat of arrest and prison since 2010, first over sexual assault charges in Sweden. While those were dropped in 2019, the US charged him with Espionage Act violations in 2018. He had taken refuge in the Ecuadorian embassy in London from 2012 until 2019, when he was expelled and quickly arrested by British authorities.

 

Hurricane Beryl Becomes Earliest-Forming Category 4 in Atlantic Basin

Hurricane Beryl, only the second storm of what has been predicted to be a highly active Atlantic hurricane season, has become the earliest forming major hurricane in the Atlantic basin as well as the earliest forming category four storm in the basin, beating the record set by Hurricane Dennis in July 2007. Beryl, which only became a tropical storm on June 28th, rapidly intensified into a major hurricane, reaching category 4 status on Sunday.

The storm has the potential to reach category 5 strength, which would displace Hurricane Emily in 2005 as the earliest forming category 5 in the Atlantic.

Beryl will move through the Windward Islands this coming week, with major impacts expected in St. Lucia, St. Vincent and the Grenadines, Grenada, and Tobago. Afterwards, the storm will head towards the Yucatan Peninsula in Mexico, where it faces an uncertain path forward through the Gulf of Mexico. The European model has Beryl heading into Mexico south of Tampico, while the US model takes Beryl on a more northerly path towards Corpus Christi, Texas.

 

Biden’s Debate Performance Prompts Calls to Drop Out, President Vows to Remain

President Joe Biden’s debate performance against former President Donald Trump on Thursday some calling it one of the worst debate performances by a presidential candidate in American history. During the debate, Biden spoke in a low, hoarse voice, frequently delivering meandering answers and often confusing topics. During periods when Trump was talking, he appeared at times to close his eyes and have his mouth open. In one response to a question, he ended it by saying, “We finally beat Medicare,” which he did not later attempt to correct. 

During the debate, the White House reached out to media organizations, claiming a cold had been causing his voice issues.

His performance quickly led to calls by some fellow Democrats to drop out of the race or consider doing so, a sharp reversal from the previous stance from many Democrats that Biden was sharp and able to serve a second term. On Friday, The New York Times Editorial Board called on Biden to drop out. While praising his record in office, the board said he is “engaged in a reckless gamble” that could allow Trump a second term, which they call “a danger.”

Biden’s team has dismissed these calls so far, dismissing the New York Times editorial and trying to refocus the attention to Trump.

If Biden were to drop out of the race, his campaign cash could only be transferred to Harris presidential campaign. Should the party’s delegates choose not to proceed with a Harris nomination, the new nominee would need to raise new funds for the campaign against Trump.

While most of the post-debate focus has been on Biden, Trump’s performance has also been discussed. While Trump’s answers were far more forceful than Biden’s and he did not appear to lose his train of thought, he faced criticism for dodging questions on the environment, January 6th, and other topics, as well as providing misleading or false responses to other questions. His non-committal answer on whether he would accept the results of election (only if it is ‘fair and legal and good’), also attracted criticism.

A Morning Consult poll after the debate showed that 60% of respondents believe Biden should drop out of the race. A similar CBS News poll showed 54% of registered voters do not believe Trump should run for president, with 46% saying he should.