Tag: constitutional rights
RFK JR. Trump Lutnick

What Happens When The U.S. Government Reports 'Alternative Facts'?

Much has been written about the Trump team's assault on civil society, universities, public health, the judiciary and our global alliances, and rightly so — but there is one danger that deserves more attention because our ability to thwart this attempted revolution, this upending of our constitutional system, depends upon truth itself.

We have seen one institution after another buckle before President Donald Trump's onslaught. If Congress is conquered, and Big Tech won't oppose him, and Big Media is bending the knee, and Big Law is folding, and universities are crumpling, and the judiciary is a question mark, who is left? Only the voters.

But what if the voters don't have a grasp on reality? What if the inflation rate rises to 9%, bird flu is ravaging farms across the Midwest, unemployment is rising, the economy is shrinking, measles is killing hundreds of children, crime is rising — but the government has suppressed or falsified the data that would reveal those conditions? We face the prospect that many government statistics will be manipulated by Trumpists.

The demolition work has already begun. The Labor Department has dismissed a committee of economists, academics and business leaders who advised the Bureau of Labor Statistics. The Commerce Department has disbanded the Federal Economic Statistics Advisory Committee — an arm of the Bureau of Economic Analysis — which seeks, or rather sought, to help the government provide accurate statistics on many aspects of the economy.

The move came on the heels of Commerce Secretary Howard Lutnick telling Fox News that he plans to alter the way GDP is calculated. "You know the Commerce Department runs the statistics of GDP. Governments historically have messed with GDP. They count government spending as part of GDP. So I'm going to separate those two and make it transparent."

Yes, some governments (think China) do sometimes misrepresent economic statistics. But our government has been pretty clean in this regard — until now. Keep in mind also that any first-year economics student could tell you how to break down GDP into government spending, consumption, investment and net exports — all statistics that are, for now, easily accessible thanks to the government.

This is yet another way the Trump administration is undermining America's global standing. As Tara Sinclair, a professor at George Washington University's Center for Economic Research, told NPR, "If the data were manipulated, even in a small way, that will affect the credibility of our entire statistical system. And that's going to have global financial implications, because people around the world rely on the quality of U.S. economic data to make decisions."

Advisory panels do more than offer expertise; they provide insurance against the politicization of government statistics. Without neutral outsiders looking over the shoulders of government decision-makers, it becomes easier to fudge or hide data. That brings us to the Census Bureau, the agency that determines who lives where and how many votes each district is entitled to, among many other things. It just dismissed five outside advisory panels.

Simultaneously, the administration is curtailing public access to climate-change data compiled by the National Oceanographic and Atmospheric Administration. You say the Earth is warming — well, we have data that say the opposite. It's "alternative facts," but this time, it's not just Kellyanne Conway riffing with reporters — it comes bearing a government imprimatur.

It would be easier to count grains of sand on a beach than to keep track of the lies emanating from this administration, but manipulating official government studies and statistics is a step beyond anything we've seen and a profound threat.

Consider the secretary of health and human services, who has spent his entire career denying reality about infectious diseases, vaccines, and other matters. Nominating and confirming (looking at you, Sen. Dr. Bill Cassidy of Louisiana) such a dangerous crank for a key public health post was an antisocial act.

Even if Robert F. Kennedy Jr. never did anything but repeat the falsehoods about vaccines that have marked his career, it was a certainty that people would look to him for guidance and be harmed. Sure enough, last week, in the midst of the measles outbreak in Texas, a number of unvaccinated people who contracted measles were admitted to hospitals with vitamin A toxicity.

Under Kennedy, HHS is taking lying to new extremes. Though multiple studies, including one featuring half a million Danish children, have discredited the notion that there is a link between vaccines and autism, Kennedy has authorized a new study to search for a "link." This is beyond mendacious. The original study suggesting a connection was found to have been a hoax years ago, and again, no reputable research since has found any association between vaccines and autism. Autism diagnoses are rising due to awareness, not vaccines, as any person not suffering from oppositional defiant disorder can figure out.

Kennedy has chosen David Geier to conduct this sham "study." Geier is not a physician (though he was sanctioned by the state of Maryland for practicing medicine without a license), and he's a proponent of the vaccines-cause-autism deceit. But few will remember this when he produces a government-sponsored "study" showing a link between the MMR vaccine and autism.

The Trump administration is doing more than attempting to seize unconstitutional power for an unaccountable executive. It is seeking to destroy truth itself, the last tool of the opposition.

Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, Hard Right: The GOP's Drift Toward Extremism, is available now.

Reprinted with permission from Creators.


Constitutional law

'Limited Options' If Trump Defies Judicial Decisions

Constitutional law experts are warning of “limited options” if President Donald Trump defies federal judges’ orders to limit the scope of his executive actions, Business Insider reports.

This, Politico reports, comes as “at least nine federal judges — from Washington, D.C., to Washington state — have halted aspects of Trump’s early-term blitz, from his effort to rewrite the Constitution’s birthright citizenship guarantee to his sweeping effort to freeze federal spending to his plans to break and remake the federal workforce.”

As courts prepare to challenge Trump's broad claims of presidential authority, his supporters are railing against perceived judicial overreach — and insist “the president’s orders are well within the powers outlined in the Constitution’s second section on the executive branch."

“It is the judicial pushback, they say, that is overstepping the constitutional boundaries laid out in the third section on the judiciary,” the New York Times reports.

“President Trump is not stealing other branches’ powers,” conservative activist Mike Davis told the Times. “He is exercising his Article II powers under the Constitution. And judges who say he can’t? They’re legally wrong. The Supreme Court is going to side with Trump.”

University of North Carolina School of Law in Chapel Hill constitutional law professor Michael J. Gerhardt said if Trump does defy a court order, “the consequences would likely fall on lower-level officials, not the president himself,” Business Insider reports.

"At the very least, you would have a possible contempt citation directed at a particular official who has refused to comply with a court order," Gerhardt said, "If they indicate they are defying it because of his order, then the court is going to include the president in the citation of contempt.”

As courts prepare to challenge Trump's broad claims of presidential authority, his supporters are railing against perceived judicial overreach — and insist “the president’s orders are well within the powers outlined in the Constitution’s second section on the executive branch."

“It is the judicial pushback, they say, that is overstepping the constitutional boundaries laid out in the third section on the judiciary,” the New York Times reports.

“President Trump is not stealing other branches’ powers,” conservative activist Mike Davis told the Times. “He is exercising his Article II powers under the Constitution. And judges who say he can’t? They’re legally wrong. The Supreme Court is going to side with Trump.”

University of North Carolina School of Law in Chapel Hill constitutional law professor Michael J. Gerhardt said if Trump does defy a court order, “the consequences would likely fall on lower-level officials, not the president himself,” Business Insider reports.

"At the very least, you would have a possible contempt citation directed at a particular official who has refused to comply with a court order," Gerhardt said, "If they indicate they are defying it because of his order, then the court is going to include the president in the citation of contempt.”

Reprinted with permission from Alternet.

The Coming Fight Over Out-Of-State Abortions

The Coming Fight Over Out-Of-State Abortions

Now may be a good time to max out your investments in airlines, car rental agencies, and intercity bus companies. Travel has picked up as the pandemic has ebbed, but the Supreme Court could give it an extra boost by revoking the constitutional right to abortion.

If that happens, a lot of American women are going to find that "shop local" is a useless slogan when it comes to this type of commerce. The pro-choice Center for Reproductive Rights has predicted that with Roe gone, "abortion would remain legal in twenty-one states and likely would be prohibited in twenty-four states."

Vast swathes of the continent would become abortion-free zones — free of legal abortions, anyway. But Americans have been traveling to get what they want since the Pilgrims arrived, and women with unwanted pregnancies are no exception.

In the days before Roe, when the procedure was illegal in most of America, places like New York and Washington state had lots of visitors who didn't come for recreation. Some 40 percent of all abortions were performed on patients outside their home state.

Already, liberal states are a destination for desperate abortion-seekers. Illinois, surrounded by states that have greatly restricted access, saw nearly 10,000 women come from out of state to get abortions in 2020, the Chicago Tribune reports. Planned Parenthood says that number may quadruple if Roe falls. We are on the verge of a wave of abortion refugees.

But anti-abortion advocates are not likely to accept this outcome as inevitable. A bill was introduced recently in the Missouri legislature to bar its residents from getting abortions out of state.

Republican Rep. Mary Elizabeth Coleman told Politico: "If you believe as I do that every person deserves dignity and respect and protection whether they're born or unborn, then of course you want to protect your citizens, no matter where they are." Though her measure didn't pass, it will undoubtedly inspire other states to enact their own bans.

That would be a radical step, but "radical" is a term of endearment in the anti-abortion movement. It would be a terrible idea, though, and one at odds with our entire system of federalism.

One of our fundamental freedoms, long recognized by the Supreme Court, is the right to travel within the United States and be treated as an equal citizen from sea to shining sea. A state government can no more burden the freedom of its residents who venture out of state than it can burden the freedom of migrants from out of state.

In 1969, the court struck down a California law imposing a residency requirement for public assistance. It said the rule violated the right to travel and amounted to "an unconstitutional discrimination which violates the Due Process Clause of the Fifth Amendment."

For a state to assert its power over citizens beyond its borders would be an act of extreme presumption. Decades ago, when Nevada was the only state with legal casinos, everyone could go there and gamble without fear of bluenoses back home.

The same limits apply today. Utah can ban recreational cannabis, but its residents may drive to Colorado to get high. California may forbid the open carry of guns, but it can't stop Angelenos visiting Arizona from packing in public view.

As University of Pennsylvania law professor Seth Kreimer has written, one basic principle of American federalism is "that each citizen may take advantage of the liberties offered by any state." This arrangement also contributes to our national civic peace by accommodating a diversity of policies.

Anti-abortion advocates may argue that their cause is different because it involves life and death. Not so. A New Yorker who kills a fellow New Yorker in Atlanta and is acquitted under Georgia's "stand your ground" law cannot be convicted under New York's less lenient statutes.

Conservatives, who champion state sovereignty, should recognize that only one state can be sovereign within its borders. Otherwise, every state could extend its policies into the other 49 states.

The right should also beware of handing a new weapon to progressives. If a state can punish conduct that takes place in another state, Connecticut, which bans "assault weapons," could imprison a resident who uses one for target shooting in Maine. The possibilities for liberal mischief are endless.

If and when the enemies of Roe win their greatest victory, they will be tempted to seize every possible method of exploiting this success. But even the long reach of the law needs limits.

Reprinted with permission from Creators.

Texas Abortion Law Threatens Unintended Consequences  For The Right

Texas Abortion Law Threatens Unintended Consequences  For The Right

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) - As abortion providers backed by President Joe Biden's administration prepare for Monday's U.S. Supreme Court arguments in their challenge to a near-total ban on the procedure in Texas, they have found an unlikely ally: a right-leaning gun rights group.

A "friend of the court" brief filed in the case by the Firearms Policy Coalition against Republican-governed Texas illustrates how the law's unique structure - enforcement by private individuals, not the state - has alarmed advocates for all kinds of constitutionally protected rights.

Some conservatives are warning that similar laws could be crafted by liberals targeting issues important to the right.

A law written like the one in Texas to impede courts from ruling on constitutionality before it takes effect could be used, for example, to take aim at constitutionally protected activities including gun rights, religious practice or free speech. Abortion is protected under the Supreme Court's 1973 Roe v. Wade ruling, which recognized a woman's constitutional right to terminate a pregnancy, and subsequent decisions.

"You can't short-circuit the ordinary steps of judicial review for serious constitutional questions," said Erik Jaffe, the attorney who filed the Firearms Policy Coalition's brief.

When laws are enacted that restrict constitutional rights, courts have a vital role to play before they take effect, Jaffe added.

"This circumvents that debate. This says, 'Too bad you don't get to have that debate except ... with my foot on your neck,'" Jaffe said.

The Supreme Court will consider whether the Texas law's structure prevents federal courts from intervening to block it and whether the U.S. government is even allowed to sue the state to try to block it.

The measure, one of numerous restrictive Republican-backed state abortion laws passed in recent years, bans the procedure after about six weeks of pregnancy, a point when many women do not yet realize they are pregnant. There is an exception for a documented medical emergency but not for pregnancies resulting from rape or incest.

The case reaches the nine justices as the future of abortion rights hangs in the balance. On December 1, the court, which has a 6-3 conservative majority, is due to hear another major abortion case in which Mississippi is seeking to overturn Roe v. Wade. The Texas attorney general has signaled he also wants Roe v. Wade overturned.

What is unique about the Texas law is that the state plays no enforcement role. Instead, anyone can sue abortion providers - regardless of whether that person has a personal stake - and potentially win at least $10,000 in damages, a process critics have compared to placing a bounty on abortion providers.

At least three states already are considering legislation mirroring the Texas law's language including one in Illinois targeting gun dealers, said David Noll, a professor at Rutgers Law School in New Jersey who filed a brief opposing Texas.

The Texas citizen-enforcement provision does not mean such laws can always evade judicial review. But to challenge them someone would have to be sued under the law first and then take aim at the enforcement mechanism in the defense. In the meantime, the fact that the law is on the books may chill the conduct at issue. That is the case in Texas, with abortion clinics complying with the ban since the Supreme Court let it go into effect on September 1.

Lawyers opposing the law have found potential analogies on other issues involving Supreme Court precedents. Laws that would enable people to sue gun owners and seek to prohibit unlimited independent spending in political campaigns are examples cited by Biden's administration in its challenge to the abortion law.

In both instances, "those statutes, too, would violate the Constitution as interpreted by this court. But under Texas's theory, they could be enforced without prior judicial review, chilling the protected activity - and the effect of any successful constitutional defense in an enforcement proceeding could be limited to that proceeding alone," the administration wrote in court papers.

Legislators have enacted other laws that let people bring individual claims on contentious issues including transgender rights. But those are more like earlier statutes that empowered people to sue over matters such as environmental or civil rights violations.

In Tennessee, a law barring transgender students from using bathrooms that correspond with their gender identity includes a provision that lets individuals sue local school districts if they "encounter a member of the opposite sex" in a bathroom.

Some conservative and religious groups that oppose abortion have signaled little concern about the Texas law's structure, feeling that critics have exaggerated potential consequences.

Walter Weber, a lawyer with the American Center for Law and Justice religious rights legal group that filed a brief backing Texas, said there is nothing to stop abortion providers from challenging the law after they are sued.

"Abortion advocates crying wolf can raise a lot of money and give cover to legislative and executive measures to push further support for abortion," Weber said.

If the Texas law is so clearly unconstitutional, Weber asked, "Why are abortionists so terrified?"

(Reporting by Lawrence Hurley and Andrew Chung; Additional reporting by Karen Freifeld; Editing by Will Dunham)

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