BEHIND THE VETO THREAT President Donald Trumps war against Big Tech turned into a game of chicken today: Congress is forging ahead with a must-pass defense policy bill while ignoring Trumps threat to veto it unless it repeals a 24-year old law that protects websites from lawsuits. The law Section 230 of the Communications Decency Act of 1996 means that tech giants like Twitter and Facebook (and tech small fry, too) cant be sued for the user content on their platforms. Many credit it with giving rise to the internet we know and love to hate today.

Repealing it has become an obsession for Trump, one that has escalated in the twilight of his presidency, as Cristiano Lima details today. He mentions it frequently in his rallies without really explaining what it does. Yet President-elect Joe Biden also has said he supports repealing the law, telling The New York Times in January, Section 230 should be revoked, immediately. So theres at least the potential for bipartisan agreement for change when Congress is off deadline.

Nightly asked a group of experts and insiders whether they think Section 230 should be repealed or amended or whether it should be left alone. Heres what they said:

Section 230 is Big Techs sweetheart deal. No other companies get the kind of protections that internet giants enjoy. And over and over, weve seen them abuse those privileges by censoring and deplatforming anyone who contradicts whatever progressive agenda theyre trying to push on any given day. If Congress cant get its act together and revise Section 230 to allow Americans to fight back, the whole thing needs to go. Maybe a clean slate is exactly what we need at this point to ensure that real change happens. Sen. Josh Hawley (R-Mo.)

It is long overdue to amend Section 230. The whole point of Section 230 was to enlist online service providers as Good Samaritans so that they would help reduce the amount of abusive online activity. Congress knew then, in 1996, that federal agencies needed help in curtailing and combating toxic and dangerous online activity and that online service providers were in the best position to help.

Yet Congress did not condition the legal shield for under-filtering on any behavior at all. This has led to sites enjoying the legal shield even though they encourage, solicit or make money from clear illegality. So revenge porn operators enjoy that immunity their business model is the destruction of peoples lives. They should not enjoy that immunity. Section 230(c)(1) should be amended to condition the immunity on reasonable content moderation practices in the face of clear illegality that causes serious harm. That would reset the statute to its original purpose rewarding online service providers that act as Good Samaritans. Danielle Keats Citron, a law professor at Boston University and a 2019 MacArthur fellow

Many recent proposals to change Section 230 would make it more difficult for platforms to curb misinformation and abuse, purportedly in the name of free speech. Of course, although Section 230 provides procedural protections, the First Amendment also allows private platforms to decide whether to carry user content. More generally, the interests of free expression are best served by competition policy that ensures there are multiple platforms including those with varying content policies, and by allowing platforms to take steps to ensure they are safe for all users. We support reforms that address platform business practices for example, to ensure that platforms are responsible for ads they carry, and oppose efforts to use Section 230 to avoid normal business regulation. Any reforms we may consider are part of ensuring that Section 230 continues to be a law that promotes speech online. John Bergmayer, legal director for Public Knowledge, a D.C.-based public interest group that promotes freedom of expression and open internet

We rely on Section 230-protected internet services literally multiple times an hour. Amending or repealing Section 230 likely solves none of the problems that would motivate such changes, while the changes would jeopardize the things we love the most about the internet while entrenching incumbents at the expense of new startups.

I wish our members of Congress would understand just how much Americans love the internet services that Section 230 enables; and it shows greatly disrespect towards their constituents when Congressmembers threaten to repeal or amend Section 230 as a bargaining chip, as a way of trying to punish Big Tech, or to send messages to their base. Eric Goldman, a law professor at Santa Clara University who has co-edited a new book about a key Section 230 case

Welcome to POLITICO Nightly. Austins mayor is the latest example of a political leader not necessarily following his own pandemic guidelines. Reach out at [emailprotected], or on Twitter at @renurayasam.

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More than 94,000 residents and staff of nursing homes and long-term care facilities have died from COVID-19. With cases spiking across the country once again, desperate families demand that Congress take immediate action to save lives. aarp.org/nursinghomes

A man wearing full protective clothing and a gasmask walks through the decorated piazza of Covent Garden in London. | Getty Images

STILL MIGUK? In Korea, the U.S. is called miguk, which directly translates to beautiful country. It has always seemed like a fitting name, considering Koreas longstanding admiration of the U.S. But these days in Korea, TV broadcasters talk about the U.S. with grim faces, flashing to b-roll of lines of Americans wrapped around buildings waiting for Covid-19 testing or graphs depicting an exponential growth of pandemic deaths, writes Catherine Kim from Seoul.

Newspaper headlines question the strength of U.S. democracy above pictures of demonstrators protesting mythical claims of voter fraud. One recent column in the Hankyoreh, a major center-left daily newspaper, was titled, Covid-19 and the downfall of the U.S. Another headline, in sisajournal, a popular weekly current events magazine, read: The surprising election system that make you wonder Is the U.S. actually a democratic country? And its not just in the news. In boardrooms, in classrooms and in casual dinner table conversations, youll hear the same sense of bewilderment: How did the U.S. lose its way?

Its a shocking development for a country that has, for decades, largely viewed the United States almost like an older sibling a model of success and progress that Koreans were proud to emulate. Now many Koreans see the U.S. as a failing country, deeply divided and unable to meet basic challenges.

The shift began after Trumps 2016 win, when many Koreans were shocked to see him claim the presidency after a string of scandals. But the clincher has been Americas bungled response to Covid-19, followed by Trumps and the GOPs recent efforts to contest the legitimate results of the 2020 U.S. election. For Koreans, the last year has exposed the deep problems within the American system, from hyper-partisanship and deep distrust in government to a poor healthcare system issues that have long been familiar to Americans, but not to Koreans, many of whom have maintained the idea of American exceptionalism far longer and livelier than many Americans.

YES, 2024S STARTING Even in defeat, Trumps hold on the Republican party remains strong. The president has teased running again in 2024 and while Trump was slow to win party support four years ago, plenty of Republican lawmakers are ready to support his next bid, write Burgess Everett and Melanie Zanona. In a series of interviews today, House and Senate Republicans made clear that the party has no intention of turning its back on Trumpism or Trump himself. Thats in part because Trump remains an exceedingly popular figure in his party, far more than most congressional Republicans.

The political calculus is also clear. While he will soon lose the Oval Office, hell still have his Twitter handle and is expected to still be in firm control of his base. Trump could play a central role in Senate and House primaries in 2022 and create trouble for incumbents who break with him. Future Republican presidential candidates will presumably be eager to court his supporters if he ultimately passes on another campaign.

RNC Chair Ronna McDaniel is inviting roughly a dozen potential 2024 candidates to the committees January meeting in Amelia Island, Fla. the most explicit move shes made yet to show that the committee will be impartial going forward.

TEARS ON THE FLOOR Prior to Sen. Lamar Alexanders farewell address in the upper chamber, Majority Leader Mitch McConnell gave a tearful goodbye to the Tennessee Republican. I myself have leaned on Lamars wisdom for many years, but I think I leaned just as much on his optimism, his can-do spirit, his ability to look on the bright side and then discern how some more hard work could make it brighter still, McConnell said.

HART ATTACK A Democratic candidate who fell six votes short of holding an open battleground congressional district in Iowa is planning to challenge those results directly with the House, placing the chamber in the highly unusual position of potentially determining the outcome of the race, Sarah Ferris and Ally Mutnick write.

After what appears to be the tightest congressional election in decades, Rita Hart, a state senator, has decided to forgo a legal battle in her home state and will instead contest the election directly with the House Administration Committee. Iowa election officials certified Republican Mariannette Miller-Meeks as the winner on Monday after a recount diminished her initial victory margin from 47 votes to only 6 votes.

LITTLE STATE IN THE GREAT MENTIONING Rhode Island Gov. Gina Raimondo is now a top contender to be Bidens HHS secretary pick, according to two people close to the transition, Alice Miranda Ollstein, Adam Cancryn and Tyler Pager write. Raimondos rise comes as New Mexico Gov. Michelle Lujan Grisham is no longer favored for the role, according to one of those sources and another familiar with the discussions.

FROM TRANSITION PLAYBOOK A former colleague of Heather Boushey, a top economic adviser to Biden, is publicly airing prior accusations that Boushey mismanaged the think tank she runs and verbally abused her and other subordinates, saying she wants to prevent future White House employees from enduring a similar experience, write Alex Thompson and Theodoric Meyer.

Former subordinates and employees have alleged that Boushey was phenomenally incompetent as a manager and had frequent episodes of yelling and swearing. The complaints were serious enough that the think tank where she worked hired a management coach to work with her to improve her management style around 2015.

But Dinetta Parrott, who reported directly to Boushey as Washington Center for Equitable Growths director of development from 2017 to 2020 before leaving for the Brookings Institution, said the criticisms of Boushey dont match her experience. I just dont think its an accurate depiction, she told POLITICO.

BIDENS CARPENTRY You cant please everyone, especially when youre putting together a team to run the federal government. In the latest POLITICO Dispatch, Megan Cassella looks at why Bidens promise to build a Cabinet that looks like America hasnt turned out the way advocates had hoped and what sort of turbulence his nominees could face in the Senate.

Welcome to Bidenology, Nightlys look at the president-elect and what to expect in his administration. Tonight, Andy Blatchford writes from Ottawa about Bidens relationship with Canada:

The arrival of a Biden presidency is expected to warm up the chill between Ottawa and Washington under the Trump administration.

Trump drove a turbulent NAFTA renegotiation, an undertaking marked by U.S. tariffs on Canadian steel and aluminum, and counter-measures from the Trudeau government on American goods. There were even choice words at the executive level. (Trudeaus hot mic moment at a NATO conference led Trump to call him two-faced.)

While the Biden White House is destined to be more neighborly, some Canadians worry the president-elects agenda could hurt cross-border business. Prime Minister Justin Trudeau and Biden are aligned on a lot of things, like climate policies. But there are trouble spots such as Bidens pledge to kill the Keystone XL project and his Buy American vows.

Biden and Trudeau have shared very few public moments together. But back in December 2016, a few weeks after Trumps election win, Trudeau hosted then-Vice President Biden for a state dinner on a snowy night in Ottawa. The guest list included former Canadian prime ministers. Biden gave a speech that touched on his own ties to Canada and his personal connection in the 1970s with Trudeaus father, who was prime minister at the time.

The day after the dinner, Biden stuck around to attend a round table with Indigenous leaders and provincial premiers where they talked at length about climate change and clean energy the two places where Canada and the U.S. are expected to start rekindling their relationship. At the round table, Biden called climate change the most consequential issue of our generation and argued the countries could grow their economies while bringing down emissions. He also made the case that Canada and the U.S. could determine their own energy futures and help shape energy trends around the world.

Nightly asks you: Every December, the news media reflects on the lives we lost this year, and 2020 has been especially deadly. Tell us who youll miss the most a family member, a civic leader, a celebrity and how youll remember them. Send us your answers in our form, and well publish select responses next week.

PADILLA RISING? Sen. Dianne Feinstein publicly threw her weight behind California Secretary of State Alex Padilla to fill Sen. Kamala Harris soon-to-be-vacant seat, signaling that Padilla remains a favorite of the Democratic establishment, Andrew Desiderio and Jeremy B. White write. Gov. Gavin Newsom will appoint a replacement for Harris when she resigns to take on her vice presidential duties.

I have given him my support. I did that quite a while ago. He worked for me at one point, so I know him, Feinstein said in an interview. And my sense is that hes going to represent California very well.

BRITAIN GOES FIRST For once, the U.K. really was world-beating. Boris Johnson will be delighted that British regulators were first over the line in approving a Covid-19 vaccine, delivering global headlines and a welcome bit of good news after a bruising parliamentary rebellion against domestic coronavirus restrictions, Charlie Cooper and Emilio Casalicchio write.

Nearly 1 million doses of the Pfizer/BioNTech vaccine will be delivered to the U.K. for use from next week. By the end of the year, several hundred thousands more will have been sent to Britain, which has ordered 40 million doses of this vaccine, plus more than 300 million doses of other candidates that have not yet received regulatory approval, including 100 million of the Oxford-produced AstraZeneca vaccine.

For a country whose record on Covid-19 has been among the worst in the Western world, being at the forefront of the global rollout of vaccines has a welcome feel of redemption for Johnsons government. The prime minister himself was uncharacteristically muted in his celebrations, calling the regulatory approval unquestionably good news but by no means the end of the story and cautioning citizens, during his weekly question session in the House of Commons, not get their hopes up too soon over how quickly the two-dose vaccine could be rolled out.

A SETBACK FOR BABES FREQUENT FLYER MILES Your pet peacock may soon not be allowed to fly the friendly skies with you anymore, now that the Transportation Department is tightening rules on emotional support animals after a series of high-profile incidents on board airplanes, Stephanie Beasley and Evan Semones write.

Today, DOT said it will no longer consider animal companions used by travelers on commercial flights for emotional support as service animals, opening the door for airlines to ban them outright. Passengers who wish to bring their emotional support animals with them when they travel will likely now have to check them as baggage or leave them at home entirely.

The new rule, which updates the definition of a service animal to a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability, was issued following a litany of complaints from airlines and flight attendants alike about people bringing unusual animals including pigs, gerbils, turtles and birds, among others on board that they said were for emotional support.

A message from AARP:

SENIORS DEMAND ACTION

It is an outrage that more than 94,000 residents and staff of nursing homes and other long-term care facilities have died from COVID-19, representing 40% of all COVID-19 deaths nationwide, even though nursing home residents make up less than one percent of the U.S. population. Cases are spiking across the country once again and Congress must act now to help save lives in these facilities.

Congress must ensure residents and staff have regular and prioritized testing and personal protective equipment (PPE), that facilities are adequately staffed and that residents have access to virtual visits with their loved ones. Additionally, Congress must make sure taxpayer dollars going to nursing homes are spent only on items directly related to resident care, COVID-19 prevention and treatment.

Tell Congress to act now to protect the residents and staff of nursing homes and other long-term care facilities. aarp.org/nursinghomes

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Something Trump and Biden agree on - POLITICO - Politico

At the Student Government Association (SGA) Senate meeting on October 11, students met to discuss plans for an SGA restructure. A restructure has been discussed for several years, but recent events such as the pandemic and cabinet member resignations have made it apparent to a group of senators that now would be the best time to initiate a restructure.

The SGA was first founded in the late 1990s as a replacement for the previous governing body, the Student Council. Discussions about restructuring the SGA have been ongoing for years, but never met with significant progress. Instead, various minor changes have been made to the general structure of the SGA, such as including the VPAA as a part of the cabinet, and a change to the constitution.

Concerns about the current system stem from a variety of issues. Initially, concerns were focused primarily on the method of student representation. As is, the SGA has representatives elected by class year; an alternative system has been proposed which includes representation based on major or department in order to better represent all students. More recently, senators have raised concerns about the lack of representation on the basis of identity, experience, and other areas.

In addition to this, the current system places advocacy for 3,700+ students on the backs of only 6 students, the cabinet members. While the SGA was not intended to have cabinet members as its only point of contact between administrators and students, it serves as an easy one size fits all solution for admins that need to work with a student in relation to student organizations.

According to E.J. Hannah, who recently acceded to the position of SGA president, By presenting six students as the main points of contact for both student and admin concerns, there is so much room for error With that, it becomes much harder for senators to work with the Cabinet, and for either parties to work with administration, despite everyone having the same goal of providing the best experience at Stevens possible.

In the wake of the recent resignations, it has become increasingly clear to some senators that there is an element of risk associated with putting so much responsibility and power on such a small set of students.

Previous concerns also included rebranding the SGA in order to make it more accessible to more students. These stemmed from a desire to increase student involvement in the SGA and ensure that it was representing the student body as best as possible. However, previous attempts to restructure the SGA were met with logistical difficulties. In order to pass a constitutional change, of the undergraduate student body has to vote on the change, and of those voting have to approve of the change. Regardless of each students opinion on the validity of the changes, this constitutes polling around 1200 students, with at least 800 votes in favor of the change. It is difficult to get feedback from so many students during a normal semester; this has been compounded by the pandemic as outreach and involvement is even more difficult.

After having a series of meetings, senators decided on a short list of qualities that a restructured SGA should have. These include:

As of October 22, the restructure is still in the planning phase. Several different structures have been proposed so far, including a Three Pillars model, which involves having multiple committees, each with their own President elected by the student body, and a parliamentary-style system where power is more widely distributed among the senate. The oldest of these is a proposal by former Senator Mark Krupinski20 from the spring of 2019, which involves having one president and multiple vice presidents in control of various committees.

Moving forward, senators involved in the process will be working on the restructure outside of meetings. While progress is being made, there are still certain challenges that need to be overcome before a restructuring can be finalized. In order to be successful, a restructuring needs to be official, which requires a large amount of student involvement to occur. In addition, the restructure needs to have the support of the administration in order to be effective in the upcoming semesters. Early signs seem to indicate that the administration will be supportive, but it is still too early to tell whether it will find widespread support or not. The new system will also need to consolidate its paradoxical role as both student advocator and rule-enforcer.

At the meetings, senators also decided that in order to ensure that the rest of the community stays involved in the process, the results of the restructure meetings will be provided during the discussion section of the standard SGA meetings. These sections will also be longer, in order to allow for a more detailed discussion on the topic. Plans to survey the student body for feedback were discussed, but it is unclear when a survey would be created or distributed.

Read more from the original source:
Student Government Association begins planning restructure - The Stute

Southern Cross Health Insurance paid out nearly $1 billion in claims in the year to June and New Zealanders hips and knees were responsible for the biggest part of the bill.

Health insurance coverage has been increasing in recent years, from 1.35 million lives covered in December 2016 to 1.41 million in December 2019.

Southern Cross said it funded more than 1800 knee replacement surgeries in its most recent financial year, at a cost of $47.9 million and more than 1900 hip replacement surgeries, worth a combined $45m.

Hip replacements were the most expensive category of claim for both genders but colonoscopies ranked second for men and knee replacements second for women.

READ MORE:* Health insurer Southern Cross charts course for clearing surgery backlog* NZ's most expensive health insurance claims: Knee, hip replacements top the list* Sunburn and fishing hooks in the mouth are summer dangers for dogs

Women also claimed $21.8m for hysterectomies and $14.1m for endometriosis treatment while men claimed $12.5m for spinal fusion surgery and $18.8m for skin lesion excisions.

Children claimed a combined $5.2m for surgical removal of teeth and $4.8m for tonsillectomies.

Southern Cross Health Insurance chief medical officer Stephen Child said it showed insurance playing a role in helping New Zealanders access the treatment they required.

HUSH NAIDOO/UNSPLASH

Health insurance coverage has been increasing in recent years.

While the public health system does a fantastic job looking after acute urgent medical issues, health insurance gives Kiwis access to elective surgical procedures and specialist consultations when they need it and choice about where they receive it, he said.

Health insurance allows people swift access to quality treatment when its most needed, he said. Southern Cross Health Insurance funds close to half a million specialist consultations and a quarter of a million surgical procedures in the past year which helps to reduce the burden on the public health system.

Southern Cross Health Insurance has more than 879,000 members.

More:
Hip replacements add to health insurer's bill - Stuff.co.nz

ABB says its new Integritas* industrial battery charger offers single-charger redundancy in a modular, compact, wall-mounted footprint and achieves up to 95.7% efficiency at 50-100% output current.

The wall-mounted system features switch-mode rectifier technology that provides transformer-less, efficient power conversion in a compact footprint, providing true N+1 or N+N redundancy in a single battery charger.

"Ensuring reliable, efficient AC-to-DC power and battery backup is essential in applications such as utility power, oil and gas, and process control to name a few where downtime can be critical," said Mark Lloyd, senior product manager with ABB. "Having reliable, efficient backup power in a single charger with high power density helps ensure these critical applications remain up-and-running while also reducing the footprint of the power equipment needed freeing up valuable floor space."

ABB's versatile industrial battery charger puts out up to 18 kW at 125V DC from a direct, three-phase, 480-volt AC input feed.

New Nebula Controller Improves Charger Management

The industrial battery charger is the first ABB solution to use the company's new Nebula controller, which takes system monitoring, maintenance, and security to a new level.

The Nebula controller makes accessing and reviewing critical information simple, both locally and remotely. The 7 color touchscreen on the front of the charger can display information about active performance, alarms, status updates on input and output, and more.

In addition, the Nebula controller uses Distributed Network Protocol 3 communications. That allows the battery status to be networked with plant-wide distributed control systems or supervisory control and data acquisition systems.

Key Features

Enhanced Capability and Redundancy

The Integritas industrial battery charger features another new product specifically designed for industrial applications the IP040H3R125ATEZ switch-mode rectifier. The new industrial rectifier can convert 480 VAC directly to 125 VDC without a step-down transformer.

In addition, when installed in a 19 cabinet frame, the IP040 industrial rectifiers can provide 150A output current in a 14x 17x 28 space.

Switch-mode rectifier technology helps the industrial battery charger unleash even more performance and design benefits. The rectifiers operate at a higher switching frequency (90-270 kHz) than conventional silicon-controlled rectifiers, which typically operate in the 45-65 Hz range. This technology also helps to reduce the size and weight of the power conversion components, compared to comparable silicon-controlled rectifier-based battery chargers.

AC-DC conversion is also more efficient with switch-mode rectifiers, creating a lower thermal impact, higher power efficiency of up to 95.7%, and improving the life cycle of the unit.

"Employing a modular, expandable rectifier design into a single charger allows for power to be scaled as needed," Lloyd continued. "Using multiple power modules, the charger can be configured for N+1 redundancy to maintain full power output if one power unit fails. The battery charger also can be configured for full N+N redundancy by using multiple mirrored power supplies enabling even greater reliability."

The modular design of the Integritas industrial battery charger allows for critical components to be "hot swapped" for easier repair or replacement, keeping the charging load up during maintenance or replacements and reducing overall maintenance costs.

Read more here:
New Industrial Battery Charger from ABB Improves Reliability - Lift and Access

Graphic by Julia Sanbe.

Ruth Bader Ginsburg was a giant in the American judicial system. An intellectual and legal powerhouse, she was a great American who should be remembered for her powerful decisions and opinions and fierce advocacy for gender equality and marginalized communities. Her close friendship and extraordinary relationship with her colleague, the late Supreme Court Justice Antonin Scalia, is something I hope many of us are able to draw inspiration from. In this time of hyper-partisanship, when polarized candidates and our political discourse can make us feel so divided, it is so important for us to be able to separate our fervent opinions from our personal relationships. You can be friends with people you disagree with; you should not cancel friends who arent voting the way you are. Sadly, however, it is clear to me that many people in our nation and on our campus cannot grasp the concept that you can respectfully disagree without attacking others character or hurling petty personal attacks.

This idea that Ginsburgs dying wish that President Donald Trump not be permitted to fill her vacant seat on the Supreme Court is somehow binding to the judiciary or to this process is nonsense. We should have respect for Ginsburg and remember her in high esteem as a distinguished jurist, but unelected members of our judiciary are not entitled to dictate how, when or by whom they should be replaced. The Constitution makes no such provision. While it is frowned upon for members of our federal judiciary to time their retirements for political purposes to keep their seat within the same party, it is ostensible that Ginsburg could have retired before the Republicans reclaimed their Senate majority in January 2015. This could have allowed former President Barack Obama to replace her with a younger, similarly progressive activist on the judiciary, but alas, it wasnt so.

Last month, Trump nominated Amy Coney Barrett of the United States Court of Appeals for the Seventh Circuit to fill the vacancy created by the unexpected death of Ginsburg. Barrett grew up in New Orleans, the eldest child of seven, and graduated magna cum laude from Rhodes College with a bachelor of arts in English literature in 1994. She graduated first in her class from Notre Dame Law School in 1997, earning the honor of summa cum laude. She clerked for Scalia and forged a distinguished career in academia at Notre Dame Law prior to her appointment to the federal judiciary in 2017 by Trump. Once confirmed, she will be the fifth woman to ever serve on the high court and the first mother of school-aged children to serve on the Supreme Court.

Barrett is a strong woman who is following that trail pioneered by Ginsburg. She is cognizant of this reality; it is unfortunate that liberals refuse to acknowledge the milestone that Barrett represents. She is a strong woman who has defied the antiquated perceptions of gender roles from the last century just as Ginsburg did; she has forged a family of seven children, two of which she and her husband Jesse adopted from Haiti. Barrett has also pursued an impressive career in academia and now serves as a federal judge. Hearing liberals attack Barretts family by arguing she is a white colonizer, while also rejecting her as a leader or role model for women because she is not sufficiently supportive of the pro-abortion agenda shows how desperate and lowly some have become in our political landscape to decry their political enemies.

Not only have we seen inappropriate and frankly, unbecoming criticism of Barretts family, but we have seen trashy criticisms of her Catholic faith. Clearly, Senate Democrats neglected to realize that the protections for religious freedom under the First Amendment to the Constitution include Catholics. This isnt the first time anti-Catholic phobias have reared their rabid heads into our political discourse in the last century; notably, former President John F. Kennedy combatted similar attacks and accusations that he would be less capable or less qualified because of his faith. If you wish to disagree with someone, disagree on substance, but dont attack their faith. If you are upset that shes pro-life, dont veil your anger that she isnt vociferously pro-abortion behind sad attacks on her religious identity. Weaponizing bigotry to exact a political goal is never appropriate nor admirable. While it would be a sad day if Democrats began a systemic push to alienate Catholics, the GOP would be happy to welcome the faithful with open arms. Clearly, this is no longer Kennedys Democratic party.

Im a Catholic and a Republican (in that order), and I am overjoyed that a brilliant woman like Barrett will be joining the Supreme Court of the United States. Her textualist and originalist approach to interpreting the law understanding the Constitution and other documents as they are written and were understood when adopted is important to preserving stability in our judiciary and critical protection for the rule of law. It shouldnt be a controversial opinion to believe that the law should be interpreted as written and not as what unelected judges want it to mean, based on what is fashionable or well-liked in the time. The onus for amending the Constitution and passing legislation rests outside of the judiciary; sadly, some seem to have missed this lesson from civics class and Schoolhouse Rock. I look forward to Barrett delivering the crucial vote to overturn Roe v. Wade, standing up for the dignity of human life and the rights of all women, born and pre-born. I survived Roe v. Wade, and I am so glad that it wont survive me.

Through her confirmation hearings, Barrett has repeated that she believes the landmark 2015 marriage equality ruling, Obergefell v. Hodges, clearly states, There is a constitutional right to same-sex marriage. She has consistently reaffirmed that she has never discriminated and would not ever discriminate against the LGBTQ+ community; attempts to suggest otherwise are flailing efforts from politicians lacking a shred of dignity in this process. To the fear-mongering alarmists suggesting that Barrett will attack LGBTQ+ rights, I challenge you to look to Trumps judicial record: Neil Gorsuch, his first Supreme Court nominee an ardent originalist wrote the majority opinion in Bostock v. Clayton, where the court held that Title VII of the 1964 Civil Rights Act protects employees against discrimination because of their sexual orientation or gender identity.

As an aside, this is also the only president to embrace the LGBTQ+ community by acknowledging support for marriage equality from the outset of his presidency, the only president to appoint an openly-LGBTQ+ member to his cabinet, and the only president to present openly-LGBTQ+ nominees for the federal judiciary, but I digress.

This supposition that Barrett is a vigilante on some mission to defraud Americans of their civil rights and liberties, deny folks their healthcare during a global pandemic or impose her dogmatic Catholic ideology on women is a desperate fear-mongering tactic from Senate Democrats uncomfortable with the outcomes of American elections. It is a sad mockery of the judicial confirmation process and an attempt to politicize a nonpartisan branch of government that ensures enduring stability for our society.

As Obama notoriously remarked in 2010, Elections have consequences, you lost, get over it. In 2014, voters elected Republicans to the House and the Senate, putting a check on the final years of Obamas lame duck presidency as they transferred control of the Senate from the Democrats to the Republicans. In 2016, there was a vacancy on the Supreme Court; the President nominated a replacement, Merrick Garland, as was his right; the Senate chose whether and how to act on that nomination, as was theirs. In 2020, a similar process: There was a vacancy on the Supreme Court; the president nominated a replacement, Barrett, as was his right; the Senate chose whether and how to act on that nomination, as is theirs. The difference now in 2020 from 2016 is whether the Senate and president were in ideological agreement with one another; history is clearly on the side of Senate Republicans in filling this vacancy.

Its time to confirm Barrett to the Supreme Court.

Original post:
The argument for Amy Coney Barrett The Miami Hurricane - The Miami Hurricane

Good morning, early birds. A corruption investigation into Border Force has created multiple divisions, and a school in the Melbourne suburb of Preston will reportedly be closed for the rest of the week after a year 5 student tested positive for COVID-19. It's the news you need to know, with Chris Woods.

According to The Sydney Morning Herald, reports that a corruption investigation into Border Forces $573 million Cape-class patrol boats contract has created multiple divisions within the federal anti-corruption agency running the inquiry, the Australian Commission for Law Enforcement Integrity.

ACLEI, which is investigating Border Force over allegations it funnelled $39 million from a national security project to defence company Austal in order to prop up its financial position, has reportedly seen planned hearings scrapped, counsel assisting removed, and claims it is a toothless tiger.

As The Mandarin explains, the news comes as the Morrison government defends against claims it is delaying plans for a Commonwealth Integrity Commission, with Attorney General Christian Porter claiming legal complexities such as retrospectivity mean the government was not inclined to release draft legislation during the pandemic.

In unrelated news, The Guardian reports that acting Immigration Minister Alan Tudge has appealed a federal court ruling that he engaged in criminal conduct by detaining an asylum seeker granted a visa by the Administrative Appeals Tribunal.

PS: The Sydney Morning Herald also reports thatsenior advisers from Gladys Berejiklians office have been called before a parliamentary inquiry to explain why the premier handed out $250 million in council grants without any signed paperwork.

According to the ABC, East Preston Islamic College in the Melbourne northern suburb of Preston will be closed for the rest of the week after a year 5 student tested positive for COVID-19, with residents of surrounding suburbs now urged to get tested if they have symptoms. The states health department has also issued an updated list of exposure sites in Shepparton.

Elsewhere, the Herald Sun ($) reports that Victorian Police Minister Lisa Neville has has confirmed she has been ordered by the hotel quarantine inquiry to submit a sworn statement over a phone call with an unidentified person at the premiers office, made in the minutes leading up to the decision to use private security.

And in advance of businesses reopening with indoor dining restrictions, the Andrews government has announced that venues can use existing outdoor spaces such as streets, footpaths, carparks and nearby parks and public land without the need for a planning permit. However, according to The Age,the need to comply with council by-laws could render the promise unworkable.

The New Daily reports that, LNP leader Deb Frecklingtonhas made an election pledge to create curfews in Townsville and Cairns for young people, a plan that would include slapping parents with $250 fines if children are found out at night without a reasonable excuse.

Critics point out that the curfew would disproportionately target Indigenous teenagers or kids from disadvantaged homes Townsville, notably, has recorded white supremacist vigilantes targeting Indigenous youth while Amnesty announced the policy may breach international law.

Elsewhere, The Guardian reports that Coalition senators Matt Canavan and Eric Abetz, former deputy prime minister John Andersonm,and News Corp columnist Miranda Devine have endorsed Toowoomba doctor David van Gend for LNP pre-selection, despite his support for conversion therapy a process the International Rehabilitation for Torture Victims considers torture and opposition to abortion and climate science.

On the topic of law and order, yesterday saw multiple stories of police abuse:

The latest New York Times ($) investigation into Donald Trumps tax history has unearthed bank accounts in China, Britain and Ireland held under corporate names.

The Chinese account is reportedly controlled by Trump International Hotels Management LLC, and has paid more than US$180,000 in taxes to China from 2013 to 2015; this is significantly more than the $750 he paid in US federal income taxes during the first year of his presidency, and the zero dollars he paid in 10 of the past 15 years.

Elsewhere, The Daily Poster reports that Supreme Court nominee Amy Coney Barrett has doubled-down on climate denialism and refused to commit to recusing herself from cases involving oil companies, despite recusing herself as a lower-court judge from cases involving Shell Oil because her father worked at the company as a top attorney for decades.

Finally, in news that would make Peter Dutton blush, NBC reports that lawyers appointed to identify migrant families separated by the Trump administration say they cannot find the parents of 545 children, about two-thirds of whom were deported to Central America without their children.

I wish they had approached my position as they approached Gladys. I would probably be in a different position if they had, but good luck to her.

Barnaby Joyce

The former deputy prime minister throws a pity party over the real jihad he faced over his romantic tryst in 2018 ($), while failing to note that he went a touch further than an affair by approving two newly-created MP jobs for his former staffer/current partner Vikki Campion.

As a Crikeysubscriber, you hardly need convincing about the threats that media monopolies pose to democracy.

You already know that, as James Murdoch says, News Corps output is rife with hidden agendas and disinformation designed to confuse public debate.

You know that News Corp is no longer interested in reporting facts. It operates like a mafia syndicate with a well-funded protection racket for politicians who back its commercial interests and espouse hard-right ideology on issues like climate change.

Where does the Department of Prime Minister and Cabinet (PM&C) end and the National COVID-19 Commission begin?

Thats the question being asked after another eye-opening appearance by commission chair, former Fortescue boss Nev Power, at Senate estimates yesterday.

Power, appearing alongside Finance Minister Mathias Cormann, faced questions about the commissions high-level access to cabinet documents and ministers, including aboard Powers private plane.

Inked-up Aussies can now walk straight from the tattoo parlour to a blood donation centre to give plasma. Gay men, on the other hand, still have to remain celibate for a year before donating even if theyre married or monogamous.

The new rules for tattooed Australians came into effect earlier this month as the Australian Red Cross Lifeblood tries to pull new donors especially those who arent afraid of needles into its centres amid dwindling donations during the pandemic.

Alleged Vatican payments linked to George Pell case referred to Victorian corruption watchdog

Childs suicide prompts WA Police admission accused sex offenders bail should have been opposed

Pope Francis pushes new boundaries and expresses support for same-sex civil unions

Retail sales offer cautious optimism for Christmas shopping season

ASIO warns MPs they are potential targets for foreign interference

Crowns ex-chair Rankin faces ASIC referral over China arrests, Packer threat

ACCC puts News Corp on notice that its closely watching newswire duel

Senior Army officer admits to inquest there were warning flags before death of PTSD soldier

Scott Morrisons excuses for failing to establish a federal integrity commission dont hold water Katharine Murphy (The Guardian): The speaker of the House of Representatives, Tony Smith, didnt like Anthony Albaneses opening jab in question time on Wednesday: where the bloody hell was the federal integrity body the government has long been promising but serially failing to deliver? The speaker thought Albaneses framing was ironical (and possibly provocative, given where the bloody hell was a marketing line developed during the prime ministers Tourism Australia days).

PM must replace Linda Reynolds with Peter Dutton at Defence ($) Greg Sheridan (The Australian): When he comes to do his cabinet reshuffle, probably early or mid-December, Prime Minister Scott Morrison should move Linda Reynolds out of Defence and replace her with Peter Dutton. Defence industry has been alive with rumours that both Reynolds and the Defence Industry Minister, Melissa Price, were likely to be moved. Now a widespread view in the government is that replacing Reynolds with Dutton would be the best move, but its unlikely to happen.

AEMO leads global push for $10 trillion of investment in next 10 years to slash emissions Ketan Joshi (RenewEconomy): Between various energy forecasts of the coming decades, one consistent trend emerges: in power systems around the world, renewables wind and solar will grow far faster than has been previously predicted. The economics have changed at breakneck pace over the past decade, meaning these technologies are now the default replacement for existing coal and gas-fired power stations. That means more effort is needed to ensure grids are upgraded and updated to suit new forms of energy technology.

Canberra

Peter Dutton, department secretary Michael Pezzullo, Malcolm Turnbull and Kevin Rudd will address the SMH/Age virtual National Security Summit.

Senate estimates will hear from Australia Post and Australia Council; Attorney-General portfolio; Finance; and Agriculture.

Melbourne

In the Wheeler Centres latest digital event, Creative Careers, Liminal magazine founder and PhD student Leah Jing McIntosh, and journalist and documentary filmmaker Santilla Chingaipe will discuss the changing landscape of the arts in Australia in conversation with Footscray High School student Felix Briggs.

The Lost Dogs Home will run webinar event, Helping your dog cope with your return to work.

The rest is here:
Crikey Worm: Border Force to be reckoned with - Crikey

Bengaluru

Senior BJP leader Basanagouda Yatnal on Tuesday stirred a hornets nest by revealing the BJP high command is looking to replace Chief Minister BS Yediyurappa soon. He said Yediyurappas successor would be a leader from north Karnataka.

Yatnal went hammer and tongs at Yediyurappa for neglecting north Karnataka. He has become the CM due to the votes of north Karnataka people. North Karnataka voted our MLAs in. A majority of MLAs are from north Karnataka, he reminded Yediyurappa.

There are various moves to dislodge the CM and the BJP high command is also reportedly scouting for a replacement as Yediyurappa has crossed 75 years. But the party is in a dilemma as BSY is still the tallest Lingayat leader and has earned a cult status in his community the largest in Karnataka.

Yediyurappa is also under greater pressure after Power TV, a private Kannada television channel, ran a series of programmes in September airing the audio of a sting operation allegedly done on a member of the CMs family that suggested serious corruption in top deals.

There is also talks going on within the party he should be replaced by a younger Lingayat leader. The high command has put on hold the CMs list of MLAs he wants in his cabinet due for an expansion. He has to accommodate the MLAs who switched loyalty that resulted in the BJP coming to power toppling the Congress-JD(S) govt of HD Kumaraswamy.

Yatnal had earlier asked Yediyurappa to sort out the regional imbalance in the Karnataka cabinet. He is also known for making controversial statements and was in the news earlier this year for calling centenarian freedom fighter and activist from Karnataka HS Doreswamy a Pakistani agent.

Originally posted here:
Will BSY be replaced? - Free Press Journal

FRANKFORT - Gov. Andy Beshear today announced the opening of a new Kentucky Transportation Cabinet (KYTC) regional driver licensing office in Richmond. While some services require an in person visit, Kentuckians are encouraged to use mail or drop-in options to renew or apply for standard credentials if they are able:

Those whose licenses, permits or ID cards were lost or expired - or will expire - any time from March 1 through Feb. 28, 2021 and who do not require testing may apply for renewal or replacement remotely through the circuit court clerk in their county of residence.

Check with the clerk as to preferred method, such as drop-off form or mail-in form. The forms can be downloaded here. In addition, check with your circuit clerk or online at drive.ky.gov for updates.

"We are offering essential, in-person public services while taking care to do so in a way that protects public health," said Gov. Beshear. "Essential services include issuing, renewing and replacing operator's licenses and official identification cards for our fellow Kentuckians who depend on them for employment, travel and emergencies."

The Richmond location brings to 11 the number of KYTC regional offices newly opened or reopened to handle licensing needs while adhering to Gov. Beshear's Healthy at Work standards.

The Governor noted that REAL IDs must be applied for in person. Kentuckians can take a short quiz here to see if they need a REAL ID. They are also encouraged to use text alert options at select locations to avoid waiting in line.

In-person services at the new office are limited at this time to the following:

Issuance of a REAL ID for any resident;

Replacement of a lost license, permit or identification card;

Issuance of a license or ID card needed for employment;

Issuance of a REAL ID or standard license for a new resident replacing a valid out-of-state credential;

Issuance or renewal of REAL ID or standard licenses for applicants who have successfully completed Kentucky State Police driver testing.

The same services are offered at other KYTC regional driver licensing offices in Paducah, Madisonville, Elizabethtown, Frankfort, Lexington, Morehead, Somerset, Columbia, Jackson and Prestonsburg.

"With the new office in Richmond, we are expanding an important customer service," KYTC Secretary Jim Gray said. "But we are doing so in a way that protects the health and safety of our customers and our employees. That includes social distancing, wearing face masks and having a sanitized work station for every customer."

The new Richmond office is at the Richmond Mall, 830 Eastern Bypass. It will be open Monday through Friday from 8 a.m. to 4 p.m., EDT.

We are making critical coverage of the coronavirus available for free. Please consider subscribing so we can continue to bring you the latest news and information on this developing story.

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Governor Beshear announces Real ID office in Richmond - Richmond Register

During the weekly Student Government Association (SGA) Senate meeting on Sunday, October 4, Samantha Molla, President, Adrian Castellanos, Vice President of Operations (VPO), and Anthony Tesori, Vice President of Academic Affairs (VPAA), announced their resignation from their respective positions. With approximately only two months left in their term as officers, the three SGA Cabinet members left vacant spots during a time when many SGA Senators and members are voicing a desire to restructure the SGA, an idea that has been talked about for the past few years. At last nights Senate meeting, Sunday, October 18, E.J. Hannah, Emily Ng, and Gabriella Poska were elected into the Presidency, VPO, and Secretary positions, respectively.

Molla announced her resignation during the meeting on October 4 by stating that she will be resigning effective this week but that her time as President has been absolutely amazing, and its been a wonderful experience unfortunately its also been one of the most challenging years of my life probably; mental health has honestly been kind of at a low but I think that I need to take care of my well being, and I cant do that anymore in this role.

Similar to Mollas statements, Castellanos suggested a similar reason for his resignation. He voiced, I love this position, and I love what Ive been able to do, but in the past few months I have caused a lot of harm, and I dont think its necessarily right for me to still be in this role. Additionally, he made a point of apologizing to the D&I Committee, saying, I am sorry again to Nasir and D&I for those mistakes and those instances this organization needs to be restructured.

While Tesori was not present at the October 4 Senate meeting, Molla spoke on his behalf and announced his decision to resign. Unlike Molla and Castellanos who resigned immediately, Tesori will be resigning as soon as he can transition a replacement for VPAA.

During the SGA Senate meeting on September 27, one week prior to the meeting on October 4, Molla took time to read a statement of apology from the Cabinet that addressed and outlined mistakes, instances of complicit behavior, and abuses of power by the SGA Cabinet. The Cabinet described the statement as a way to take accountability for the hurt caused to members of the Stevens community.

A few specific situations detailed in the statement refer to social media disagreements over The Stevens Tea Instagram account, ignoring suggestions from Senator and D&I founder Nasir Montalvo to implement a Double A grading policy as an alternative to the Optional Pass/Fail policy last semester, and lack of communication between the SGA Cabinet and D&I when a wrongfully submitted Title IX report was made against Montalvo. Many other situations were outlined in the statement, including but not limited to an uncovering of past racist tweets and other specific instances of inappropriate behavior by individual Cabinet members.

The statement outlined that Rather than acknowledging and utilizing this criticism to better ourselves and the organization, members of the Cabinet inappropriately used their platform to try to silence Black students. This behavior perpetuated distrust and further illustrated the extent to which the organization has not been able to uplift Black students. The lack of response as an organization, along with the inappropriate responses by Cabinet members on their personal social media accounts and direct opposal of these actions to promise to better represent minority students, is inexcusable and exemplifies why underrepresented minority students, and especially Black students, feel discontent with the SGA.

During the meeting on October 4, Montalvo argued that while the statement is a good place to start to understand the events that transpired, there is a lot more to the story. He stated, Basically a lot of Black community members were harmed over several months, and it began with COVID-19, and basically not advocating on behalf of students who were suffering because of access, and a lot of the issues that arose after that had to deal with access and identity. I think its important to read that apology and then also speak to people who were in those situations.

While there has been no public statement by Molla, Castellanos, or Tesori that they were all motivated to resign because of issues outlined in the apology, Molla and Castellanos commented to The Stute their reasons for leaving. Molla expressed, This has been an incredible experience, but it has been incredibly chaotic and stressful. In resigning I hope we can show to the student body that the SGA is ready to move on and can hopefully learn from this experience and work towards improving the SGA in the future. Castellanos noted, This situation has been a lot for myself and other people involved, and I just didnt want it to continue bringing harm to me or anyone else.

The two remaining Cabinet members who have not resigned are Christian Bonavita, Vice President of Finance (VPF), and Hailey Tanner, Vice President of Student Interests (VPSI). During the Senate meetings general discussion period, Bonavita and Tanner were asked why they have chosen to remain in their positions. To this, Tanner was the first to respond that Right now, Christian and I are the only ones not stepping down I feel that because I was not directly involved, even though I know I couldve done better during the situation, to help those that were directly involved, I can better hold myself accountable and make up for those mistakes in the role rather than stepping down. Bonavita additionally added that personally, not speaking up when I saw some of these things happening is one of the biggest regrets of my life although I was not directly involved in these situations Ive already started implementing changes within the Budget Committee which is what I can control as the Vice President of Finance.

The announcement of the resignation of the three Cabinet members re-ignited the larger conversation about the structure of the SGA and how it serves students, which has been discussed many times over the past few years. During Mollas announcement of her resignation during the meeting on October 4, she expressed, I think that the SGA has a lot of potential, and we always do a lot of great things, but that it doesnt always have the best process in terms of getting to those great achievements.

However, no concrete plans have been proposed so far, and it is unclear if the ongoing restructuring talks will result in any changes. Many upperclassmen voiced concerns during the October 4 meeting that the proposition of restructuring the SGA is constantly brought up but never acted upon; however, many members argued that this time was the best opportunity to finally make changes. Castellanos noted, I dont think theres better timing working towards creating something new might be more effective. The biggest issue with the SGA structure is that one person should not be the voice for the student body. In agreement with Castellanos, Montalvo expressed that theres never going to be a point where its going to be easy to redo the constitution, and thats fine, because we need to do it weve been talking about restructuring or starting over the SGA since I was a freshman I dont want this to die after the discussion [tonight].

According to the SGA constitution, the next person in line to assume the presidency after the VPO is the Speaker; however, recently appointed Speaker, Kevin Gmelin, announced later that week that he would not be assuming the Presidency.

During last nights Senate meeting on Sunday, October 18, a special election was held to fill the role of President for the rest of the semester, as well as other vacancies in the SGA Cabinet. The candidates for President were Senators Emily Ng and E.J. Hannah, and Hannah won the special election to assume the presidency. Ng was then elected as VPO, and Gabriella Poska, a member of the SGA Budget Committee and Business Manager for Stevens Dramatic Society, was appointed as Secretary.

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SGA President, Vice President of Operations, and Vice President of Academic Affairs resign - The Stute

By James Tucker, Stacey Mitchell and Bryan Williamson October 20, 2020, 4:27 PM EDT

The congressional elections also will significantly affect the country's environmental and energy policy, as the next Congress can shape policy not just through its constitutional powers, but also through the reversal of many of the Trump administration's late-term rules via the Congressional Review Act.

In this three-part article, we outline both candidates' key environmental and energy policies, including how the candidates might or might not achieve their policy goals.

The first installmentidentified the Trump administration's significant late-term rules that a unified Democratic Congress may seek to invalidate to minimize Trump's legacy.

This installment analyzes the policy differences between Trump and Biden on environmental issues including domestic energy, air quality and international climate diplomacy, and considers some likely consequences of those differences.

The third installment will cover the candidates' positions on water quality, biodiversity and federal lands, and environmental justice.

Domestic Energy

Trump

The Trump administration has championed an "American energy independence" policy, which seeks to shift the country's energy dependence away from foreign suppliers and toward U.S. energy sources, including primarily fossil fuels coal, oil and natural gas.[1]

Consistent with this policy, the Trump administration repealed the Obama administration's Clean Power Plan, which sought to reduce carbon dioxide emissions from U.S. power plants, and replaced it with the Affordable Clean Energy Rule, which supplants a federal emissions reduction regime with one that allows states to establish their own, potentially less stringent, standards.[2]

The Trump administration has also:

Given the virtual certainty that these regulatory changes would be subject to litigation, the Trump administration has gone to great lengths to develop these rules to withstand legal challenge, although final resolution in that regard likely will take years to play out. If reelected, Trump can be expected to continue to use these tools to shepherd his support toward the fossil fuel industry and further domesticize U.S. energy production.

Biden

In the process of courting the progressive wing of the Democratic Party, Biden has described the Green New Deal as a crucial framework for meeting climate challenges as part of a broader clean energy revolution, while declining to fully adopt it as his own plan. Biden established a unity task force with Sen. Bernie Sanders, I-Vt., that has made a number of climate-related recommendations, many aimed at creating a clean energy economy.[4]

These recommendations include achieving net zero greenhouse gas emissions by 2050, reducing the carbon footprint of the U.S. building stock by 50% by 2035 and directing $400 billion of federal funds toward clean energy research and innovation part of an overall $2 trillion federal investment in clean energy and environmental justice initiatives.[5]

The Biden-Sanders unity task force recommendations even go further, advocating for the elimination of carbon pollution from power plants by 2035 and the installation of 500 million solar panels and 60,000 wind turbines.[6] According to the Biden campaign, funding for these energy initiatives would come from a reversal of the 2017 tax legislation that reduced the individual and corporate tax rates.[7]

Contrary to the Trump administration's efforts to boost fossil fuel energy sources, a Biden administration would establish a new initiative, ARPA-C, described as "a new, cross-agency Advanced Research Projects Agency focused on climate."[8] This new initiative would work to decarbonize key U.S. business sectors; decrease the costs of producing grid-scale energy storage technology; produce more hydrogen energy from renewable resources; address the challenges of nuclear waste disposal; double U.S. offshore wind production by 2030; and accelerate the deployment of carbon capture sequestration technology for use at U.S. power plants.[9]

Importantly, the Biden campaign appears to have backed away at least for now from previous positions expressing support for a carbon pricing mechanism, such as a carbon tax or cap-and-trade system.[10] The Biden campaign also has not embraced a full ban on hydraulic fracturing, or fracking, despite running mate Kamala Harris's previous statements expressing support for such a ban.[11]

While many components of these domestic energy policy goals could be implemented through rulemaking or executive order, many would require congressional appropriations or legislation e.g., reversal of the 2017 tax cuts, additional funding for clean infrastructure and authorization of a nationwide carbon tax.[12] If elected, Biden would support the transition from a fossil fuel-based energy system toward one more rooted in renewable resources and developing strategies for climate mitigation and adaptation.

Air Quality

Trump

The Trump administration has relied on the rulemaking process to repeal and, in many cases, replace many key Obama-era regulations aimed at curbing air emissions, including most notably the Clean Power Plan, DOI rules governing oil and gas fracking and methane emissions, and fuel economy and carbon dioxide emission standards for passenger cars and light-duty trucks.[13]

The U.S. Environmental Protection Agency also issued a final rule in September 2019 that revokes California's Clean Air Act preemption waiver, which had allowed California and other states to adopt more stringent motor vehicle emissions standards than those in place under federal law.[14] With respect to national air quality standards, the Trump administration decided to retain the Obama-era standards for particulate matter, despite signals from the administration's early days indicating that the EPA may have been considering confronting U.S. Supreme Court precedent foreclosing the agency from considering economic costs in formulating these standards.[15]

To that end, however, the EPA issued a proposed rule in early June that aims to revamp the agency's process for considering benefits and costs when promulgating significant rules under the Clean Air Act, by requiring, among other things, that future rulemakings include benefit-cost analyses that do not factor so-called co-benefits from existing regulations in assessing the incremental benefits of new rules.[16]

Most of this administration's major air-related rule rescissions have faced legal challenges, many of which are still pending in the courts.[17] Beyond rulemaking, the Trump administration has sought to downplay the impact of air pollution through discretionary executive action, such as through the EPA's rejection of a petition from Maryland seeking more stringent restrictions on emissions from coal-fired power plants in upwind states, and the U.S. Bureau of Land Management's issuance of increasing numbers of leases authorizing oil and gas development on federal land.[18]

If reelected, the Trump administration likely would continue the stepwise replacement of existing air regulations, further efforts to modify how economic impacts are accounted for in agency decisions and use an additional four years to revise any components of the administration's rules that courts vacate.

Biden

As in the case of Biden's proposed energy initiatives, his focus on air would seek to "reinstate federal clean air protections, rolled back by the Trump Administration."[19] According to his campaign, a Biden administration would focus on reducing the impact of emissions from the transportation sector, particularly through motor vehicle and aircraft standards and investments in sustainable aircraft fuel.[20]

With respect to motor vehicle emissions, a Biden administration would be expected to promulgate standards more similar to those in place under the Obama administration, restore tax credits for electric vehicles, increase the number of electric vehicle charging stations throughout the country and attempt to require annual improvements in fuel economy and emissions performance for heavy-duty vehicles.[21]

The Biden campaign also has pledged to require aggressive methane pollution limits on oil and gas operations, require agencies issuing federal permits to consider the impact of greenhouse gas emissions and climate change, and commit to reducing climate pollution through federal infrastructure investments.[22] Lastly, Biden has stated that he would establish a new cabinet position dedicated to addressing climate change, which reportedly would "go beyond [the] EPA."[23]

To complement the regulations the Biden campaign has previewed, we likely would see a Biden administration that more aggressively pursues enforcement actions against fossil fuel-based energy producers and other large emitters of regulated pollutants that are found to violate existing standards. However, most of the Biden campaign's air quality aspirations, such as research-based emissions reductions initiatives and plans to expand zero-emission vehicle infrastructure, would require appropriations.

Finally, any attempt to restore electric vehicle tax credits or establish an official new cabinet position would require congressional authorization. But Biden could ascribe a new, climate-related title to an existing aide or adviser, or elevate the role of the chair of the White House Council on Environmental Quality without formally establishing a new cabinet position.[24]

International Climate Diplomacy

Trump

Consistent with one of his significant 2016 campaign tenets, Trump, within the first six months in office, withdrew the U.S. from the United Framework Convention on Climate Change's 2015 Paris Agreement.[25] In accordance with the Paris Agreement, the U.S.' withdrawal will become effective on Nov. 4, one day after the 2020 presidential election.[26]

Also among this administration's signature moves is its replacement of the North American Free Trade Agreement with the U.S.-Mexico-Canada Agreement, which contains environmental provisions that are similar to those in other U.S. trade agreements, as well as provisions intended to support the oil and gas industry by reducing duties, allowing U.S. energy producers to bid on Mexican oil and gas exploration leases and challenge climate policies, and eliminating tariffs on steel used to construct pipelines.[27]

In addition, the Trump administration has issued trade sanctions and executive orders to restrict the use of foreign energy supplies, in an effort to bolster the production and export of U.S. oil and gas.[28]

Given Trump's reliance on constitutional authority to shrink the U.S. role in developing international climate policy and bolster the nation's production of fossil fuels, we expect that, if reelected, he would continue to focus on domestic policy, eschew international climate diplomacy as the U.S. officially withdraws from the Paris Agreement, and continue efforts to engage internationally to promote U.S.-produced energy sources abroad.

Biden

The Biden campaign has announced its intention to recommit the U.S. to the Paris Agreement and "lead an effort to get every major country to ramp up the ambition of their domestic climate targets" with "transparent and enforceable" commitments.[29]

A Biden administration also would seek to join or initiate other international climate agreements, such as a global moratorium on offshore drilling in the Arctic; a commitment among G-20 nations to end export finance subsidies of high-carbon projects; a program to offer financing for lower-carbon energy investments in Belt and Road Initiative countries; and reforms to the International Monetary Fund and regional development bank standards to prioritize projects with low-carbon impacts.[30]

If elected, Biden would be expected to take immediate steps to reverse the Trump administration's international climate efforts, or lack thereof, by relying on the same executive authority used to implement those policies in the first instance.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

[1] President Trump's Energy Independence Policy, The White House (Mar. 28, 2017), https://www.whitehouse.gov/briefings-statements/president-trumps-energy-independence-policy/.

[2] Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations, 84 Fed. Reg. 32520 (July 8. 2019) (codified at 40 C.F.R. pt. 60 et seq.).

[3] See Exec. Order No. 13920, 85 Fed. Reg. 26595 (May 1, 2020) (securing the U.S. "bulk-power system"); Oil and Gas and Sulfur Operations in the Outer Continental Shelf Blowout Preventer Systems and Well Control Revisions, 84 Fed. Reg. 21908 (May 15, 2019) (codified at 30 C.F.R. pt. 250 et seq.) (offshore drilling safety rule revisions); Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Amendments to the National Minimum Criteria (Phase One, Part One), 83 Fed. Reg. 36435 (July 30, 2018) (codified at 40 C.F.R. pt. 257 et seq.) (coal combustion residuals rule revisions); Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule, 82 Fed. Reg. 61924 (Dec. 29, 2017) (codified at 43 C.F.R. pt. 3160) (oil and gas fracking rule rescission); Hazardous Materials: Liquefied Natural Gas by Rail, __ Fed. Reg. __ (June 19, 2020) (to be codified at 40 C.F.R. pts. 172-74, 179-80) (authorizing transportation of liquefied natural gas by rail); Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act, __ Fed. Reg. __ (July 16, 2020) (to be codified at 40 C.F.R. pts. 1500-05, 07-08) (re-writing NEPA's implementing rules); Waste Prevention, Production Subject to Royalties, and Resource Conservation; Rescission or Revision of Certain Requirements, 83 Fed. Reg. 49184 (Sept. 28, 2018) (codified at 43 C.F.R. pts. 3160, 3170) (methane rule rescission).

[4] Joe's Plan for a Clean Energy Revolution and Environmental Justice, Biden for President, https://joebiden.com/climate/; Biden-Sanders Unity Task Force, Combating the Climate Crisis and Pursuing Environmental Justice (July 2020), https://joebiden.com/wp-content/uploads/2020/07/UNITY-TASK-FORCE-RECOMMENDATIONS.pdf.

[5] Joe's Plan for a Clean Energy Revolution and Environmental Justice, supra note 10; The Biden Plan to Build a Modern, Sustainable Infrastructure and an Equitable Clean Energy Future, Biden for President, https://joebiden.com/clean-energy/.

[6] Biden-Sanders Unity Task Force, supra note 10 at 47.

[7] Joe's Plan for a Clean Energy Revolution and Environmental Justice, supra note 10.

[8] Id.

[9] Id.

[10] Amy Harder, Joe Biden unlikely to push carbon tax as part of climate change plan, Axios (Aug. 20, 2020), https://www.axios.com/joe-biden-carbon-tax-climate-change-plan-e8d522a8-5015-45fc-8164-3ec5c8a0d8a3.html.

[11] "Harris: 'There is No Question I'm in Favor of Banning Fracking,'" YouTube (Sep. 4, 2019), https://www.youtube.com/watch?v=IHnXl6S0E8w&feature=youtu.be.

[12] The Clean Air Act may allow the EPA to approve state compliance plans that implement a carbon tax, but Congress would need to authorize any attempt to institute a federally mandated carbon tax. See Samuel D. Eisenberg et al., A State Tax Approach to Regulating Greenhouse Gases Under the Clean Air Act, The Brookings Institute (May 22, 2014) (discussing the legal bases for imposing state or federal carbon taxes under Section 111(d) of the Clean Air Act).

[13] The Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 20212026 Passenger Cars and Light Trucks, 85 Fed. Reg. 24174 (Apr. 30, 2020) (codified at 40 C.F.R. pts. 86 et seq., 600 et seq.).

[14] The Safer Affordable Fuel-Efficient Vehicles Rule Part One: One National Program, 84 Fed. Reg. 51310 (Sept. 27, 2019) (codified at 40 C.F.R. pts. 85 et seq., 86 et seq.).

[15] See Review of the National Ambient Air Quality Standards for Particulate Matter, 85 Fed. Reg. 24094 (Apr. 30, 2020) (to be codified at 40 C.F.R. pt. 50 et seq.) (retaining Obama-era particular matter standards); William H. Haak, Trump Orders EPA 'Back to Basics' on NAAQS, The Magazine for Environmental Managers (July 2018) (citing Memorandum from E. Scott Pruitt, Administrator, U.S. Envtl. Protection Agency, to Assistant Administrators, U.S. Envtl. Protection Agency, (May 8, 2018), available at https://www.epa.gov/sites/production/files/2018-05/documents/image2018-05-09-173219.pdf) (discussing the Trump Administration's renewed emphasis on assessing the economic impact of national ambient air quality standards revisions).

[16] Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process, 85 Fed. Reg. 35612 (June 11, 2020) (to be codified at 40 C.F.R. pt. 83), available at https://www.epa.gov/sites/production/files/2020-06/documents/consistent_transparent_bca_fr_notice_final_pre-pub_0.pdf.

[17] See Roundup: Trump-Era Agency Policy in the Courts, Institute for Policy Integrity, New York Univ. School of Law, https://policyintegrity.org/trump-court-roundup (last visited May 28, 2020) (tracking outcomes of litigation involving the Trump Administration's agencies).

[18] See Response to Clean Air Act Section 126(b) Petitions From Delaware and Maryland, 83 Fed. Reg. 50444 (Oct. 5, 2018) (EPA's rejection of Maryland's petition); U.S. District Court for the District of Montana, Great Falls Division, Order in Case No. CV-18-73-GF-BMM (May 1, 2020), https://earthjustice.org/sites/default/files/files/39_-_order.pdf (litigation related to BLM's issuance of 287 oil and gas leases in December 2017 and March 2018).

[19] Joe's Plan for a Clean Energy Revolution and Environmental Justice, supra note 10.

[20] Id.

[21] Id.

[22] Id.

[23] Sean Sullivan, His campaign limited, Joe Biden sketches out his would-be administration, Wash. Post. (April 17, 2020), https://www.washingtonpost.com/politics/his-campaigning-limited-joe-biden-sketches-out-his-would-be-administration/2020/04/17/2ffc8b28-80bd-11ea-8013-1b6da0e4a2b7_story.html.

[24] See U.S. Const. art. II, 2 (requiring the "Advice and Consent of the Senate" for appointments of "Officers of the United States").

[25] Press Release, Michael R. Pompeo, U.S. Sec. of State, On the U.S. Withdrawal from the Paris Agreement (Nov. 4, 2019), https://www.state.gov/on-the-u-s-withdrawal-from-the-paris-agreement/.

[26] Paris Agreement to the United Nations Framework Convention on Climate Change, Dec. 13, 2015, in Rep. of the Conference of the Parties on the Twenty-First Session, U.N. Doc. FCCC/CP/2015/10/Add.1, annex (2016).

[27] See Scott Vaughan, USMCA Versus NAFTA on the Environment, Int'l Inst. for Sustainable Dev., https://www.iisd.org/library/usmca-nafta-environment (noting similarities between the two agreements); Marianne Lavelle, 5 Reasons Many See Trump's Free Trade Deal as a Triumph for Fossil Fuels, InsideClimate News (Jan. 24, 2020), https://insideclimatenews.org/news/24012020/trump-trade-usmca-nafta-climate-change-oil-gas (describing industry-friendly provisions in the USMCA).

[28] Timothy Gardner, Alissa de Carbonnel, Aggressive U.S. energy policy tests ties with European allies, Reuters (July 10, 2019), https://www.reuters.com/article/us-usa-energy-europe/aggressive-u-s-energy-policy-tests-ties-with-european-allies-idUSKCN1U512P (noting sanctions on oil exports from Iran and Venezuela).

[29] Joe's Plan for a Clean Energy Revolution and Environmental Justice, supra note 10. Note that an attempt to rejoin the Paris Agreement would require providing notice to the United Nations of the country's intent to reenter the Agreement, followed by a 30-day waiting period.

[30] Id.

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