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Posted by Scott Lemieux

There’s an all-too-real chance that the most important expansion of the welfare state since the Johnson administration won’t survive a second Trump term:

But Medicaid is a joint federal-state program, with Washington putting up the majority of money and leaving administration to states, as long as they keep within certain guidelines. And for most of the program’s history, the majority of states stuck to the minimum requirements, or relatively close, meaning they limited coverage to certain categories of people, including children, young single mothers, and the elderly.

The Affordable Care Act’s designers sought to turn Medicaid into something much more ambitious: a program for all low-income Americans, so that it was open to any citizen with an income below or just above the poverty line, even if they were working-age men or fell into another demographic category the program had excluded previously.

To put it another way, they were out to transform Medicaid from a narrowly targeted welfare program into part of a universal coverage scheme.

But the interest in ending expansion funding is still there—in no small part because the money is still there—and in recent years especially Republicans have spun their efforts more as an attempt to preserve Medicaid for what they say are the truly vulnerable groups that need it.

One source for this argument is the Paragon Health Institute, one of several think tanks launched by alumni of the first Trump administration, whose researchers have argued that adding all of these working-age, childless adults to Medicaid has put extra financial strains on the program, while overwhelming the doctors and other providers who see Medicaid patients. As a result, these researchers say, the children, pregnant women, seniors, and people with disabilities who had previously depended on the program now have a harder time getting care.

In addition, Paragon’s researchers argue, the extra funding for Medicaid expansion effectively “discriminates” against the vulnerable, because it means the federal government is subsidizing working-age, childless adults at a higher rate than it is for children, pregnant women, and the elderly.

“For more than a decade, the Affordable Care Act’s (ACA) Medicaid expansion has shifted resources away from the most vulnerable Americans—single moms, infants, and the disabled—in favor of able-bodied adults without dependents,” Liam Sigaud, a Paragon adjunct scholar, wrote in February. “Congress has the capability to reverse this and ensure our safety-net programs focus on the most vulnerable.”

[…]

ARE THE CRITICS RIGHT about what Medicaid expansion has meant for the program’s traditional beneficiaries?

Lots of analysts disagree, for a variety of reasons—among them, the large and growing body of research showing the overall effects of the expansion include a financial boost for safety net providers, not to mention clear improvements in financial well-being, access to care, and (less conclusively) overall health among low-income people living in expansion states. (I find that evidence considerably more persuasive than Paragon’s, but you can decide for yourself by following all of those links.)

In the meantime, what’s not disputable is that taking away the extra matching funds will mean that the only way to preserve expanded Medicaid coverage would be for states to make up the difference—something most either couldn’t or wouldn’t do, given the expense and their resources.

So what then? Many and probably most of the people Johnson says “should never be on” Medicaid would have no other way to get insurance. Georgetown research professor Joan Alker—who not only studies Medicaid but spends a lot of time speaking with people who work on it—emphasized this in a recent telephone interview.

“The reality is that many of these folks are working in low-wage jobs and they don’t have access to affordable health insurance,” Alker said. “They’re working in a gig economy. They’re working in the service sector or agriculture, in places where they’re not getting health insurance.”

And it’s not like Johnson or his supporters are proposing an alternative way of covering all these people. Some would find their way to other forms of coverage, but the rest would end up uninsured. And while it’s tough to predict these sorts of things accurately, the number of newly uninsured would likely reach well into the millions and could easily exceed 10 million.

The idea that killing the Medicaid expansion is about “protecting the most vulnerable” is an incredibly cynical lie. Coverage for the groups still eligible for Medicaid would not improve, and their access to healthcare would decrease as a huge cut in federal funds causes hospitals (especially in rural areas) to close. The idea here is to make as many states as possible like Texas, where only a relatively small number of poor people qualify for Medicaid and everybody also is out of luck.

So, in other words, millions of people will be denied access to medical care to partially pay for another massive upper-class tax cut. I believe this is the new Republican Economic Populism (TM.)

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Destroying Public Education

Apr. 22nd, 2025 06:38 pm
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Posted by Erik Loomis

Bonner County Sheriff candidate Shaun Patrick Winkler stands at home with his daughter Hannah, south of Priest River, Idaho in the Spring of 2012. He proclaims himself the grand wizard of his local klavern of the Ku Klux Klan. Winkler was once head of security for the Aryan Nations during the Richard Butler era in nearby Hayden, Idaho during the late 90’s.

Traditionally, one of the few things actually good about this horrible, racist, violent, misogynist, and cruel nation was public education. Establishing the right and expectation of a universal public education was an actual good policy that came early in our history and lasted a long time. Naturally, it is under target by the Republican Party. And as usual, Idaho leads the way in destroying it.

Just weeks after creating a $50 million tax credit to help families pay for private school tuition and homeschooling, Idaho has shut down a program that helped tens of thousands of public school students pay for laptops, school supplies, tutoring and other educational expenses.

The Republican leading the push to defund Idaho’s Empowering Parents grants said it had nothing to do with the party’s decision to fund private schools. But the state’s most prominent conservative group, a strong supporter of the private school tax credit, drew the connection directly.

The Idaho Freedom Foundation, on its website, proposed adding the $30 million that fueled Empowering Parents to the newly created tax credit, paying for an additional 6,000 private and homeschool students to join the 10,000 already expected to benefit from the program.

The new voucher-style tax credits have major differences from the grants lawmakers killed.

The tax credits are off-limits to public school students, while the grants went predominantly to this group. And there’s limited state oversight on how the private education tax credits will be used, while the grants to public school families were only allowed to be spent with state-approved educational vendors.

Rep. Soñia Galaviz, a Democrat who works in a low-income public elementary school in Boise, condemned the plan to kill the grants in a speech to legislative colleagues.

“I have to go back to the families that I serve, the parents that I love, the kids that I teach, and say, ‘You no longer can get that additional math tutoring that you need,’” she said, “that ‘the state is willing to support other programs for other groups of kids, but not you.’”


When states steer public funds to private schools, well-off families benefit more than those in lower income brackets, as ProPublica has reported in Arizona. The programs are pitched as enabling “school choice,” but in reality, research has found the money tends to benefit families that have already chosen private schools.

Idaho lawmakers passed such a program this year with the new tax credit, which some describe as a version of school “vouchers” that parents in other states spend on schools of their choosing.

The credit allows private and homeschool families to reduce their tax bills by $5,000 per child — $7,500 per student with disabilities — or get that much money from the state if they owe no taxes. Lower-income families have priority, and there’s no cap on how many credits each family can claim. The law says funds must go to traditional academic expenses like private school tuition or homeschool curricula and textbooks, plus a few other costs like transportation. But families don’t have to provide proof of how they spent the money unless they’re audited.

Great state you have up there.

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That Tasty New Gilded Age Milk

Apr. 22nd, 2025 05:29 pm
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Posted by Erik Loomis

Swill Milk

As I’ve said again and again, the policy positions of the Trump administration are to return the U.S. to the Gilded Age, repealing the 20th century. Maybe it would help if Americans stopped watching the Nazi documentaries and remember that their own country is at fault for many of the problems in the world and that to understand what is happening in the U.S. today, focusing on our own history makes a lot more sense. For example, milk:

Staffing issues at the Food and Drug Administration have led to the suspension of a program that ensures the quality of milk and other dairy products. According to Reuters, the agency announced the suspension in an internal email sent to employees Monday and viewed by the news agency.

Starting Monday, the FDA suspended its proficiency testing program for Grade “A” raw milk and finished products. Grade “A” is given to products that meet the highest sanitary standards.

The decision to suspend the program came after the FDA’s Moffett Center Proficiency Testing Laboratory said it “is no longer able to provide laboratory support for proficiency testing and data analysis.” That center is part of the FDA division that oversees food safety, according to Reuters.

By destroying the government capacity to keep the milk supply safe, what kind of nation are we returning to? This one:

At the turn of the 20th century, Indiana was widely hailed as a national leader in public health issues. This was almost entirely due to the work of two unusually outspoken scientists.

One was Harvey Washington Wiley, a one-time chemistry professor at Purdue University who had become chief chemist at the federal Department of Agriculture and the country’s leading crusader for food safety. The other was John Newell Hurty, Indiana’s chief public health officer, a sharp-tongued, hygiene-focused — cleanliness “is godliness” — official who was relentlessly determined to reduce disease rates in his home state.

Hurty began his career as a pharmacist, and was hired in 1873 by Col. Eli Lilly as chief chemist for a new drug manufacturing company the colonel was establishing in Indianapolis. In 1884, he became a professor of pharmacy at Purdue, where he developed an interest in public health that led him, in 1896, to become Indiana’s chief health officer. He recognized that many of the plagues of the time — from typhoid to dysentery — were spread by lack of sanitation, and he made it a point to rail against “flies, filth, and dirty fingers.”

By the end of the 19th century, that trio of risks had led Hurty to make the household staple of milk one of his top targets. The notoriously careless habits of the American dairy industry had come to infuriate him, so much so that he’d taken to printing up posters for statewide distribution that featured the tombstones of children killed by “dirty milk.”

But although Hurty’s advocacy persuaded Indiana to pass a food safety law in 1899, years before the federal government took action, he and many of his colleagues found that milk — messily adulterated, either teeming with bacteria or preserved with toxic compounds — posed a particularly daunting challenge.

Hurty was far from the first to rant about the sorry quality of milk. In the 1850s, milk sold in New York City was so poor, and the contents of bottles so risky, that one local journalist demanded to know why the police weren’t called on dairymen. In the 1880s, an analysis of milk in New Jersey found the “liquifying colonies [of bacteria]” to be so numerous that the researchers simply abandoned the count.

But there were other factors besides risky strains of bacteria that made 19th century milk untrustworthy. The worst of these were the many tricks that dairymen used to increase their profits. Far too often, not only in Indiana but nationwide, dairy producers thinned milk with water (sometimes containing a little gelatin), and recolored the resulting bluish-gray liquid with dyes, chalk, or plaster dust.

They also faked the look of rich cream by using a yellowish layer of pureed calf brains. As a historian of the Indiana health department wrote: “People could not be induced to eat brain sandwiches in [a] sufficient amount to use all the brains, and so a new market was devised.”

“Surprisingly enough,’’ he added, “it really did look like cream but it coagulated when poured into hot coffee.”

Finally, if the milk was threatening to sour, dairymen added formaldehyde, an embalming compound long used by funeral parlors, to stop the decomposition, also relying on its slightly sweet taste to improve the flavor. In the late 1890s, formaldehyde was so widely used by the dairy and meat-packing industries that outbreaks of illnesses related to the preservative were routinely described by newspapers as “embalmed meat” or “embalmed milk” scandals.

Indianapolis at the time offered a near-perfect case study in all the dangers of milk in America, one that was unfortunately linked to hundreds of deaths and highlighted not only Hurty’s point about sanitation but the often lethal risks of food and drink before federal safety regulations came into place in 1906.

Returning to America to this is the goal. Maybe we should know about it.

As for the pushback about this fascist-Gilded Age thing I get from commenters, much of it revolves around “Americans don’t know about the Gilded Age so we are using the comparisons that matter.” I have two responses to that. First, we’ve called Trump a Nazi for a decade and all its down is convinced so few Americans that he’s been elected president twice. Second, I’m not communicating these issues to the American people. I’m communicating them to the readers of LGM, who are smart and educated and should know better. There is value in the fascist comparisons–Vance and Miller are outright fascists after all. But if we aren’t talking about the Gilded Age as much as we are talking about the Nazis, we are really blind to what is happening here.

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Kashmir Attack

Apr. 22nd, 2025 04:59 pm
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Posted by Robert Farley

This is ugly and it could get uglier.

Militants opened fire on a group of tourists in the Indian-controlled region of Kashmir on Tuesday, killing at least two dozen and injuring many more, according to local media reports.

The attack, in a picturesque district of pine-covered hills and valleys that is popular with Indian travelers, was the worst assault against civilians in the restive region in years, said Omar Abdullah, the chief minister of Jammu and Kashmir, as the region is officially known.

Prime Minister Narendra Modi condemned what he called a “terror attack” and said that “those behind this heinous act will be brought to justice.”

If the attack is attributed to or claimed by any Pakistan-based group, decent odds India will resort to the use of military force—including across the Line of Control and international boundary.

Ankit Panda (@nktpnd.bsky.social) 2025-04-22T15:49:27.254Z

In the Choose-Your-Own-Autocracy adventure that is contemporary subcontinent policy, the Trump administration is leaning rather heavily towards Modi (as did Biden, to be fair). Don’t count on the US to restrain India if this comes to fisticuffs.

Photo Credit: By KennyOMG – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=15411330

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What’s the Court Up To?

Apr. 22nd, 2025 04:29 pm
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Posted by Erik Loomis

Announcement of Judge Samuel A. Alito, JR. as supreme court justice nominee.

I don’t trust this Court any farther than I can throw Sam Alito (I’d like to at least try that one though). But it’s notable that for all we talk about Trump as the ultimate disaster of American politics, the two justices that are the most extreme are still the appointees of the two Bushes. A context worth considering. Anyway, Elie Mystal speculates on what the Court might be up to and whether they might, in the end, be something of a backstop of American institutions.

At 1 o’clock on the morning of Saturday, April 19, the Supreme Court issued a terse, one-paragraph order that amounted to John Roberts telling Donald Trump to stop playing in his face. The court, by a presumed vote of 7-2, ordered Trump to halt a number of planned deportations to El Salvador of immigrants being held in Texas. I believe this is the first time that a majority of Supreme Court justices have gotten pissed at the Trump administration’s lawless refusal to follow basic court orders. If the court is ever going to fight for constitutional principles in the face of fascist overreach, it might be here and now.

The court’s decision to issue this ruling when it could have opted to hide behind technicalities and courtesies tells me that the justices who ruled in the majority were fed up with Trump’s games. Trump was attempting to make an end run around the Supreme Court’s authority, and not only did the court tell him “no,” it told him “no” in the middle of the night, without even letting his lawyers or his Manchurian justices (Thomas and Alito) spit out their objections. On Holy Saturday, the court kept its eyes on the good news, instead of getting distracted by all of Trump’s rotten easter eggs. The majority told Trump to stop playing in their face.

The ruling is really the first time I can think of when the court didn’t let Trump get away with legal time arbitrage—by which I mean it didn’t let him take advantage of the fact that the executive branch can move faster than the judicial branch and make its policies a reality before the court can weigh in on its legality. And Trump, clear as I can tell, actually complied. The buses were turned around. The victims in A.A.R.P. are still in the United States, for now. They likely wouldn’t be if the court had waited until Monday morning to issue the same ruling. They likely wouldn’t be even if the court had merely let Alito dawdle on his keyboard through the weekend to write his dissent.

Of course, nobody should be claiming victory just yet. First of all, the court has merely issued a procedural restraint. It still hasn’t gotten close to ruling on the merits of whether Trump can use the Alien Enemies Act as the excuse to carry out mass deportations, and the betting money says the hyper-conservative court will still eventually allow Trump to banish whoever he wants. And while Trump seemed to follow this late night Supreme Court order, there’s no guarantee he’ll follow the next one. It’s likely that the Trump administration simply didn’t expect the court to pull a 1 am order out of its hat: next time, the attorneys will be ready for it and have some obviously specious argument ready for why its victims can still be deported. The Trump administration has already gotten around lower court orders by claiming, without evidence, that the abductees were deported before the court was able to file papers ordering the government to stop. I imagine that’s a trick it will use to try to evade compliance with the Supreme Court, before long.

Still, to put this all in a broader context, the only other time the legal world waits for late-night or early-morning Supreme Court orders telling the government what it can or cannot do is in the context of death penalty cases. Death row inmates are consistently in the position of waiting for a ruling on their final appeal while their executioners sadistically hit “refresh” on their computers, hoping for the go-ahead to murder them. Supreme Court justices (even the ones I hate) are known to take their roles as the final arbiters of life or death seriously, and regularly work late into the night dealing with emergency appeals from the condemned.

Issuing an order at 1 am on Saturday is a pretty clear indication that the justices understood that their ruling was, in fact, a matter of life or death. It’s an indication that they knew that the people being herded onto buses in North Texas were being sent to their doom.

We’ll see! I guess.

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Anarchy in the US

Apr. 22nd, 2025 02:50 pm
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Posted by Paul Campos

Pete Hegseth is somehow hanging on, because total idiocy, incompetence, and corruption mark every aspect of the Trump administration:

Defense Secretary Pete Hegseth arrived at the Pentagon in January with almost no government experience and huge ambitions to remake the way the military was being run.

In just three months in office, Mr. Hegseth, a former Fox News host, has instead produced a run of chaos that is unmatched in the recent history of the Defense Department.

Mr. Hegseth’s inner circle of close advisers — military veterans who, like him, had little experience running large, complex organizations — is in shambles. Three members of the team he brought with him into the Pentagon were accused last week of leaking unauthorized information and escorted from the building.

A fourth recently departed member of Mr. Hegseth’s team, John Ullyot, who had been his top spokesman, accused Mr. Hegseth of disloyalty and incompetence in an opinion essay in Politico on Sunday. “The building is in disarray under Hegseth’s leadership,” Mr. Ullyot wrote.

The discord, according to current and former defense officials, includes: screaming matches in his inner office among aides; a growing distrust of the thousands of military and civilian personnel who staff the building; and bureaucratic logjams that have slowed down progress on some of President Trump’s key priorities, such as an “Iron Dome for America” missile-defense shield. The officials spoke on the condition of anonymity to discuss internal business.

Adding to the dysfunction, Elon Musk’s Department of Government Efficiency has set a loose target of slashing as many as 200,000 jobs from the Pentagon’s civilian work force of 750,000, a level of cuts Mr. Hegseth has warned would cripple some critical functions within the department, three current and former defense officials said.

As to how long “we” can keep going on like this, LGM will continue to ask that question in, as a prominent German rocket scientist once put it, “a spirit of bold curiosity for the adventure ahead!”

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Posted by Patrick Reis

Pete Hegseth, a white man in a suit, in a closeup looking off to the side at the camera
Secretary of Defense Pete Hegseth speaks to reporters during the White House Easter Egg Roll on the South Lawn of the White House on April 21, 2025. | Chip Somodevilla/Getty Images

This story appeared in The Logoffdaily newsletter that helps you stay informed about the Trump administration without letting political news take over your life. Subscribe here.

Welcome to The Logoff: Today I’m focusing on the controversy surrounding Defense Secretary Pete Hegseth, as reports of mismanagement and dysfunction in his office suggest he’s unfit for one of the administration’s most important jobs.

What’s going on with Hegseth? He has been under scrutiny since before his confirmation, when Senators and others raised concerns about his treatment of women and issues with alcohol. Last month, Hegseth shared sensitive information about an upcoming military strike on a non-secure group chat. (The world found out about it because a staffer accidentally included the editor-in-chief of The Atlantic in the chat.)

Things haven’t gotten any better over the past week, in which:

  • Multiple outlets reported that Hegseth had shared sensitive information about the strike in a second chat, one that included his brother and lawyer (who both have Pentagon jobs) and his wife (who does not).
  • Three top officials Hegseth brought to the Defense Department have been suspended in connection with a Pentagon investigation into leaks.
  • A fourth member of his team quit and wrote an op-ed for Politico accusing Hegseth of presiding over dysfunction,  calling on Donald Trump to fire him.
  • The New York Times this morning reported that Hegseth “had been unable to establish a process to ensure that basic, but essential, matters move swiftly” through his office.

Is Hegseth going to get fired? NPR reported yesterday that the White House had begun the process of looking for Hegseth’s replacement, but White House officials, including Trump, have repeatedly denied any plans to oust him.

Why does this matter outside the Pentagon? The defense secretary is the civilian official tasked with overseeing the world’s most powerful military and with reacting quickly to major geopolitical crises. If Hegseth isn’t up to the task of managing his own office — and if he’s continually sloppy with sensitive information — his presence in the role poses a risk to national security.

And with that, it’s time to log off…

It’s Earth Day, and I have more good news today from Vox’s Escape Velocity project, a package of stories demonstrating how progress on climate change can and will continue under the current administration. One of today’s pieces is about developments in home battery technology, and how it can help avoid blackouts and diminish demand for dirty energy. Thanks for reading, and I’ll see you back here tomorrow.

Sure, Jan

Apr. 22nd, 2025 06:30 pm
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Either lying or signalling Trump's surrender.
U.S. Treasury Secretary Scott Bessent told a closed-door investor summit on Tuesday that he expects the tariff showdown with China will de-escalate as the situation is unsustainable, according to a media report.

He noted that a deal is possible, even though talks haven't started yet, Bloomberg News reported, citing people who attended an event hosted by JPMorgan Chase in Washington. The conference wasn't open to the media or the public.
Totally good and normal for the Treasury Secretary to say market moving shit to a select group in private!

Also you can't unshit this bed. Things could settle down, but then Gramps will tweet some crazy shit again and all deals will be off.
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Posted by Ian Millhiser

A crowd of people include one carrying a large wooden cross, outside the white-columned Supreme Court building.
Anti-abortion protesters march in front of the Supreme Court during the 2025 March for Life, on January 24. | Dominic Gwinn/Middle East Images/AFP via Getty Images

Three years ago, Montgomery County, Maryland, approved several books with LGBTQ characters for use in public school classrooms. Not much else is known about these books, how they have been used, when they were used in lessons, or how teachers plan to use them in the future.

These questions have come before lower courts, but the Supreme Court decided to hear a case — Mahmoud v. Taylor, brought by conservative Muslim and Christian parents who find these books objectionable — before these lower courts had a chance to sort out whether anyone’s constitutional rights have actually been violated.

Despite all this uncertainty, all six of the Supreme Court’s Republicans appeared absolutely convinced, during an oral argument on Tuesday, that the Montgomery County school district violated the Constitution, and that it must do more to protect parents who object to these books on religious grounds. 

Based on Tuesday’s argument in Mahmoud, it seems all but certain the Court will rule that parents who object to these books must be allowed to remove their children from any classes where the books are featured. What is less clear is whether the Court will do so in a way that could endanger every public school in the country’s ability to function.

Eric Baxter, the lawyer representing the parents who oppose these books, seemed quite emboldened during Tuesday’s argument, and advocated for a result that would be extraordinarily disruptive. In his brief, Baxter suggested that parents who object to any form of classroom instruction on religious grounds must be notified in advance about that instruction and be permitted to opt their child out of the class

The implications of this argument are breathtaking. As Justice Sonia Sotomayor pointed out, past cases involve parents who object to lessons touching on topics like divorce, interfaith couples, and “immodest dress.” Parents have brought federal lawsuits objecting, on religious grounds, to the government using unique numbers to identify people in its own internal records. They’ve objected to lessons exposing children to ideas about evolution, pacifism, magic, women achieving things outside of the home, and “false views of death” — among other things. 

Under Baxter’s proposed rule, to avoid these lawsuits, school districts would have an obligation to notify parents in advance if they will teach any book where magic exists, any book where divorce exists, any book where women have accomplishments, or any book about famous pacifists such as Martin Luther King, Jr. — among many other things. It is hard to imagine how any public school could comply with such an obligation.

That said, while all six of the Republican justices appeared highly likely to rule against the school district in Mahmoud, some of them did appear to be looking for a way to decide this case more narrowly than Baxter suggested. 

Justice Samuel Alito, for example, suggested at one point that Baxter’s rule might only apply to very young students, or to lessons that touch upon sexuality. Justice Neil Gorsuch pointed to an alleged statement by a school board member, which Gorsuch claims showed animus against certain religious beliefs. Following Gorsuch’s line of thinking to its conclusion would allow the Court to rule that Montgomery County’s policies must be changed because they are rooted in animus, but that another school district might be allowed to enact similar policies so long as they did not display similar hostility toward religion.

So, while there seems to be little doubt that the school district will lose the Mahmoud case, it is possible that it will lose in a way that doesn’t endanger public school instruction throughout the United States.

The Court appeared to divide into four camps

Broadly speaking, the justices floated four different approaches to this case.

All three of the Court’s Democrats — Sotomayor, and Justices Elena Kagan and Ketanji Brown Jackson — focused on the “line-drawing” problems presented by this case. Kagan said she understood how even non-religious parents might object to “young kids” being taught “on matters concerning sexuality,” but she added that there wasn’t anything in Baxter’s argument that would allow the Court to limit claims by parents who want to micromanage a school’s lessons.

Similarly, Jackson was troubled that Baxter’s arguments seemed so broad that they could prevent a gay teacher from displaying a picture of their own wedding, or even prevent a teacher from referring to a transgender child by that child’s preferred pronouns in the presence of another student whose parents object to trans people on religious grounds.

But these concerns were largely limited to the Court’s Democratic minority. The other six justices appeared to be hunting for a way to rule against the school district.

The most extreme of these six Republicans was Justice Brett Kavanaugh, who at one point said that he is “mystified, as a longtime resident” of Montgomery County, that this case exists. As the Supreme Court said in Lyng v. Northwest Indian Cemetery (1988), the First Amendment only prohibits government action that tends “to coerce individuals into acting contrary to their religious beliefs.” But Kavanaugh at one point seemed to propose overruling Lyng and holding that a parent with religious objections to a lesson must only show a “burden” on their faith — however Kavanaugh would define that term.

Both Alito and Chief Justice John Roberts, meanwhile, appeared to think that there is something particularly noxious about exposing young people to books with gay characters. Alito, for example, argued that older students will understand that their teacher isn’t always correct — so it’s okay if those students are exposed to lessons that are in tension with their parents’ religious beliefs. But a different rule should apply to younger students.

Similarly, Roberts argued that it would be “dangerous” to expose kindergarten-age children to lessons their parents might object to, because that might cause those children to question whether they should obey their teacher.

Gorsuch, meanwhile, latched onto several lines in Baxter’s brief, which claim that a school board member compared parents who object to LGBTQ-inclusive literature to “white supremacists” and “xenophobes.” This matters because, in Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), the Court ruled in favor of a baker who refused to bake wedding cakes for same-sex couples because a state civil rights commissioner made similarly disparaging comments about the baker.

Under Gorsuch’s approach, in other words, the Court could decide the Mahmoud case very narrowly, ruling in favor of the parents because of this school board member’s alleged comments, without handing down a broader rule that would impose unworkable disclosure rules on every public school in the country.

So it is possible that the Court will hand down a good-for-this-ride-only decision that gives these specific Montgomery County parents the result they want, without harming public education elsewhere. It is also possible that the Court will impose a kind of “Don’t Say Gay” rule on elementary school teachers, while allowing high school teachers to reveal that some people form romantic attachments to people of the same sex.

The Court used to be more cautious about rules that prevent public schools from functioning

One surprising omission in Tuesday’s argument is that no one mentioned the Court’s decision in Tinker v. Des Moines Independent Community School District (1969), a free speech case brought by students who wore black armbands to class in order to protest the Vietnam War.

In Tinker, the Court held that these students had a right to wear the black armbands, but it did so because the students merely engaged in a “silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners.” Tinker held that public school students retain free speech rights, but not when their speech “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.”

The Court, in other words, recognized that public schools could not function if students could engage in speech that disrupts lessons, and it crafted a careful rule which respects those students’ First Amendment rights without undercutting the school’s ability to educate them and their classmates.

The Court could take a similar approach in Mahmoud. Because the full facts of this case are not yet known, it may, in fact, turn out that a teacher tried to coerce a student into rejecting their religious beliefs, or otherwise behaved in a manner that violates the Constitution’s protections for religious people. If that turns out to be true, then the courts absolutely should provide appropriate relief to that student and their parents.

But, instead of waiting until they know all the facts of the Mahmoud case and crafting an appropriately tailored rule like the one announced in Tinker, many of the justices seemed inclined to a more ham-handed approach. Based on Tuesday’s argument, it is difficult to guess whether Kavanaugh’s, Alito’s, Gorsuch’s, or some other approach will prevail. But, if the justices choose to accept Baxter’s arguments in full, they could easily impose unworkable obligations on public schools that will prevent them from functioning.

Sure Why Not

Apr. 22nd, 2025 05:30 pm
[syndicated profile] atrios_feed
Pro-natalism agenda proceeding as expected.
WASHINGTON, April 21 (Reuters) - The Food and Drug Administration is suspending a quality control program for testing of fluid milk and other dairy products due to reduced capacity in its food safety and nutrition division, according to an internal email seen by Reuters.

Gotta increase that birthrate even more if you're trying to increase the childhood mortality rate, too.
[syndicated profile] smbc_comics_feed

Posted by Zach Weinersmith



Click here to go see the bonus panel!

Hovertext:
The thing I miss most about the 90s is the ability to time travel.


Today's News:

Tariff Deals

Apr. 22nd, 2025 03:30 pm
[syndicated profile] atrios_feed
We keep making them.
The US Commerce Department has announced plans to impose tariffs of up to 3,521% on imports of solar panels from four South East Asian countries.

This is the kind of thing where you can make a case for protecting a domestic infant industry against dumping, but in the current context...
[syndicated profile] atrios_feed
A maddening thing about the "we need to talk about kitchen table issues" tic is that it's almost entirely a meta conversation, with lead Democrats going on TV and saying it's what they need to talk about instead of actually talking about it. 

Jeffries on Sunday, the relevant bits:

Leader Jeffries, thank you for being here. Let me get right at what you were saying, because I also heard you say that Republicans are breaking the economy and will own all of the damage that is being done to the American people. So, what are Democrats going to do about it?

JEFFRIES: Well, we're going to continue to make clear that the cost of living in the United States of America is too high. Donald Trump and Republicans promised to lower the cost of living. In fact, on day one, costs aren't going down. They are going up. And they are crashing the economy in real time and, in fact, driving us toward a recession.

Democrats have a different vision. We want to build an affordable economy for hardworking American taxpayers, and we're ready to work with anyone in good faith to get that done. But that's not occurring in the Congress right now, which is why things are heading in a bad direction.

KARL: But let me ask you about a Gallup poll that came out recently, asking people how much confidence they have in various people to -- to deal with the economy. And Donald Trump only -- you know, 44 percent have a great deal or fair amount of confidence, but that was -- GOP leaders were next, the Fed Chairman, the Speaker of the House. And when you get down to the bottom, Democratic leaders Chuck Schumer down at the bottom. You had only 30 percent.

So, what do Democrats have to do to convince the American people that they have a better plan on the economy than the Republicans?

JEFFRIES: Well, this week, we'll be having a cost of living week of action, and we have to continue to talk to the American people about our plans. We recognize that housing costs are too high, grocery costs are too high, utility costs are too high, childcare costs are too high, insurance costs are too high. America is too expensive.

Now, Donald Trump is the president. And in terms of his approval as it relates to the economy, it was his biggest strength on January 20th. Now, it's his greatest weakness.

There are a variety of different polls that are out there, including most recently a Morning Consult poll, that showed that Congressional Democrats were actually trusted more than Congressional Republicans on the economy for the first time in four years.

We're going to continue to press our case on the economy, continue to press our case on protecting and strengthening Social Security, which is what we are committed to do. Republicans are trying to detonate Social Security as we know it. And certainly, we're going to protect the healthcare of the American people.

The only "plan" here is defending the status quo! Which is important at the moment!  But that was basically the November 2024 message also!  

We are going to keep talking about our plans, he says, while not taking a prime opportunity to talk about those plans. 

 

[syndicated profile] lawyersgunsmoneyblog_feed

Posted by Scott Lemieux

Who amongst us has not left 3 grand in cash and a passport lying around on a family shopping trip in the city in which you reside?

Homeland Security Secretary Kristi Noem‘s purse was stolen Sunday night at a Washington, D.C. restaurant. At the time, the bag contained a number of sensitive personal items including Noem’s driver’s license, passport, DHS access badge, checks and roughly $3,000 in cash, according to three sources briefed, including two law enforcement officials.   

The Secret Service is reviewing security camera footage at the restaurant and has identified a White male suspect who was allegedly wearing a medical mask during the theft. The individual was not immediately spotted by her Secret Service detail, with the bag being discovered lost by Noem herself. 

Noem was dining at The Capital Burger, a popular and busy locale near DC’s downtown. Her purse was placed against her foot underneath her seat, according to two sources familiar. 

Noem’s cell phone was not in the purse, but credit cards, makeup and medication were among the items stolen. 

Given Noem’s past, I really would not like to be the responsible Secret Service agents right now. Anyway, there’s a very simple explanation:

A lot of people don't know this, but not a single restaurant or shop in Washington DC accepts credit or debit cards. All transactions are done in cash — unless, say, you want to trade a $50,000 Rolex for a delicious plate of fettuccine. www.nytimes.com/2025/04/21/u…

[image or embed]

— Bill Grueskin (@bgrueskin.bsky.social) April 21, 2025 at 1:19 PM

This sequel to Burn After Reading has been less entertaining than I expected.

The post Kristi Noem, International Woman of Mystery appeared first on Lawyers, Guns & Money.

Seems Bad

Apr. 22nd, 2025 12:38 pm
[syndicated profile] atrios_feed
Drunk man walking.
WASHINGTON — Minutes before U.S. fighter jets took off to begin strikes against Iranian-backed Houthi rebels in Yemen last month, Army Gen. Michael Erik Kurilla, who leads U.S. Central Command, used a secure U.S. government system to send detailed information about the operation to Defense Secretary Pete Hegseth.

The material Kurilla sent included details about when U.S. fighters would take off and when they would hit their targets — details that could, if they fell into the wrong hands, put the pilots of those fighters in grave danger. But he was doing exactly what he was supposed to: providing Hegseth, his superior, with information he needed to know and using a system specifically designed to safely transmit sensitive and classified information.

But then Hegseth used his personal phone to send some of the same information Kurilla had given him to at least two group text chats on the Signal messaging app, three U.S. officials with direct knowledge of the exchanges told NBC News.

Earth Day (or is it Air Day?)

Apr. 22nd, 2025 12:47 pm
[syndicated profile] pharyngula_feed

Posted by PZ Myers

I get excited when I find a couple of delicate strands of silk*, but then Mary has to come along and gloat about all the birds she saw just yesterday:

American Crow, American Goldfinch, American Robin, Black-capped Chickadee, Blue Jay, Brown-headed Cowbird, Canada Goose, Cedar Waxwing, Chipping Sparrow, Collared Dove, Common Grackle, Common Pheasant, Common Starling, Downy Woodpecker, Eastern Phoebe, Great-tailed Grackle, Hairy Woodpecker, Hermit Thrush, House Finch, House Sparrow, Mallard, Mourning Dove, Northern Cardinal, Northern Flicker, Northern House Wren, Purple Finch, Red-bellied Woodpecker, Red-tailed Hawk, Red-winged Blackbird, Rock Dove, Ruby-crowned Kinglet, Song Sparrow, White-breasted Nuthatch, White-throated Sparrow, Wood Duck, Yellow-rumped Warbler.

It’s no fair! She has set up this grand array of birdfeeders to draw in the local species.

There is ONE bird in all of that alluring food this morning.

Also unfair: stupid vertebrates. It takes a little longer for invertebrates to warm up. Give ’em time, they’ll outnumber the birds soon enough…probably already. They’re just not a bunch of show-offs.

Happy Earth Day!

* I’m also seeing silk in the compost bin, but the compost hasn’t thawed out yet. Soon!

XJSOML

Apr. 22nd, 2025 06:30 am
[syndicated profile] thedailywtf_feed

Posted by Remy Porter

When Steve's employer went hunting for a new customer relationship management system (CRM), they had some requirements. A lot of them were around the kind of vendor support they'd get. Their sales team weren't the most technical people, and the company wanted to push as much routine support off to the vendor as possible.

But they also needed a system that was extensible. Steve's company had many custom workflows they wanted to be able to execute, and automated marketing messages they wanted to construct, and so wanted a CRM that had an easy to use API.

"No worries," the vendor sales rep said, "we've had a RESTful API in our system for years. It's well tested and reliable. It's JSON based."

The purchasing department ground their way through the purchase order and eventually they started migrating to the new CRM system. And it fell to Steve to start learning the JSON-based, RESTful API.

"JSON"-based was a more accurate description.

For example, an API endpoint might have a schema like:

DeliveryId:	int // the ID of the created delivery
Errors: 	xml // Collection of errors encountered

This example schema is representative. Many "JSON" documents contained strings of XML inside of them.

Often, this is done when an existing XML-based API is "modernized", but in this case, the root cause is a little dumber than that. The system uses SQL Server as its back end, and XML is one of the native types. They just have a stored procedure build an XML object and then return it as an output parameter.

You'll be surprised to learn that the vendor's support team had a similar level of care: they officially did what you asked, but sometimes it felt like malicious compliance.

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[syndicated profile] lawyersgunsmoneyblog_feed

Posted by Erik Loomis

This is the grave of Joseph Burton.

Born on a farm outside of Mitchell, Indiana in 1852 (there is discrepancy between the tombstone and what is online, which happens with surprising frequency), Burton grew up reasonably well off. He was the choice of his congressman to go to the Naval Academy, but he couldn’t pass the physical. So he went to Franklin College and then DePauw, teaching for awhile, and getting involved in local Republican politics. He started reading for the bar in 1874. In this era, that was a short process and he was admitted to it the next year. He became a presidential elector for Rutherford B. Hayes in 1876 and gave a lot of speeches around Indiana for him. Hayes was such an inspiring figure that it must have been exciting to hear those speeches……

In 1878, Burton decided to move to Kansas, the Rutherford B. Hayes of destinations. He and a friend had decided to start a law practice in the town of Abilene. They were successful and Kansas was also a very Republican state in this era, so it was a place where a young man could make a name for himself in politics. Burton was then elected to the state legislature in 1882 and served a few terms, though not always consecutively. Kansas named him as a representative to their official delegation to the World’s Columbian Exposition in Chicago in 1893. But what he really wanted was to be a senator. Of course this was all inside baseball before the 17th Amendment with tons of corruption involved. This is why a lot of Republicans would like to repeal the 17th Amendment today, take it back to the good ol’days of open payoffs. Burton was good at the corruption too. Well, Burton didn’t quite get there in 1895. But in the 1900-01 cycle, Kansas sent him to Washington.

As a junior senator from a meaningless state, Burton didn’t have much sway in Washington. He was named chair of the Committee on Forest Reservations and Game Protection. Not unimportant really, but I don’t think he really cared that much about it. What he really did care about was getting paid. Now, this is the Gilded Age. Do you know how openly and nakedly corrupt you had to be to win the title as the first senator to be convicted of a crime? But Burton is your man!

The story is this–there was a scam company, get rick quick scheme kind of thing, called Rialto Grain and Securities. It was about to be under indictment for fraud, which would have denied it the use of the mail. Rialto paid Burton $2500 to prevent that indictment. This is almost incredibly stupid. First, he got busted for $2500? I am sure the rest of the Senate was laughing at him for this, especially given what some of those guys had been paid by the railroads over the years. Second, he didn’t even really have the power to intervene in a useful fashion here. Total idiots all the way around.

Well, Burton was tried and convicted, forced to pay the money back, and given a six month prison sentence. He appealed to the Supreme Court. It overthrew the verdict on procedural grounds, saying that it should have been tried in DC, where the bribe was given. There, Justice Willis Van Devanter presided over the retrial, which led to the same verdict and the exact same sentence. Burton then resigned, served his sentence, and went back home to Kansas.

Burton had his law practice and he also bought some newspapers. He was still a rich guy and ended up dying in Los Angeles in 1923, at the age of 70 (or 71 if he was indeed born a year earlier than is usually reported). Later in life, he seems to have moved to the left and was a defender of the Nonpartisan League at the end of World War I, and was once attacked during a speech. As his enemies worked up the mob against him, they all reminded everyone that Burton was a corrupt embarrassment. That part was true enough.

Joseph Burton is buried in Abilene Cemetery, Abilene, Kansas.

If you would like this series to visit other senators elected in the 1900 elections, you can donate to cover the required expenses here. Robert Gamble is in Yankton, South Dakota and F.M. Simmons is in New Bern, North Carolina. Previous posts in this series are archived here and here.

The post Erik Visits an American Grave, Part 1,869 appeared first on Lawyers, Guns & Money.

Spidersign!

Apr. 22nd, 2025 10:45 am
[syndicated profile] pharyngula_feed

Posted by PZ Myers

I’ve been checking this one spot along my walk to work all Spring, a row of metal signposts along a parking lot. These are simply dark metal objects that absorb what heat there is, and while they look barren and uninteresting, they have been a reliable home for a population of small spiders.

On Sunday, I saw nothing there. Yesterday, Monday, I saw this:

It’s silk. Just a few strands of spider silk across the bar, telling me that spiders have moved in. All of the signposts have silk to varying degrees, suggesting that maybe there was a recent hatch and a spider swarm is repopulating the area.

It’s reassuring to see, even as I’m buried under grading. Just two weeks to go before the semester ends and 6 months of sabbatical begins.

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