Musk and Bezos Aside, Space Sector Investment Comes Back to Earth – TheStreet

Elon Musk's SpaceX vehicles have rocketed up to the International Space Station and have deployed Starlink satellites by the dozens with every one of their launches. Amazon CEO Jeff Bezos has Blue Origin expeditions selling trips to wealthy space travelers and guests including William Shatner of Star Trek fame.

In his new book, Boldly Go: Reflections on a Life of Awe and Wonder, Shatner wrote that going to space felt like a funeral. The actor went to space with Bezos last October at 90 years old. He said he saw death up in space and famously compared the feeling of grief in space to the glorious treasure of life on earth within the precious atmosphere.

It seemed for a brief moment in time that the space business was the place to be for investors. To be sure, some are doing well. Others are starting to take another look at economic conditions and wondering whether the money and effort should be expended elsewhere.

Perhaps Shatner's gloomy feelings about space foreshadowed an investing trend.

Space Capital, which describes itself as a seed stage venture capital firm investing in the space economy, released a third-quarter report October 18 that describes a downturn in the investment climate around space ventures.

Expectations for Q3 were high, the report states, with hopes that the Fed would tame inflation and investors would get back to deploying capital, neither of which occurred.

Michael Sias, the Space Capital president, said in an e-mail that a risk averse environment has caused the investment volume in space to have fallen significantly more than the broader market.

"In fact, Q3 is one of the lowest quarters for private investment in space over the last five years," he stated.

Total investment year to date saw a steep decline versus last year, although early-stage investments have increased over that same period. Early-stage infrastructure activity was flat compared to last year, while distribution and applications witnessed declines.

"Space Capital expects the macro environment will continue to disproportionately affect funding across deep tech, including space infrastructure," Sias predicts.

Elon Musk's privately held SpaceX moved to raise $1.7 billion over the summer as it continues to spend heavily on its massive Starship and Starlink satellite projects, CNBC reported. The move pushed the valuation of SpaceX to $127 billion, according to the report.

Investors can be irrational and markets tend to overcorrect, Sias wrote.

"What might get lost in the noise is that space technologies are playing an increasingly important role in the global economy," he explains. "Additionally, the space economy is both countercyclical and resilient to macro market conditions (despite volatile stock prices), as demonstrated by the record revenues for remote sensing companies."

Remote sensing refers to the acquiring of information from a distance. For example, NASA observes our planet and others with remote sensors on satellites.

"Space companies providing data, insights, and critical services to enterprises and governments will be better positioned to grow revenues in the near-term and have a higher likelihood of raising large growth rounds in a more selective market environment," Sias says.

"Anecdotally," he continues, "from the front lines, valuations are normalizing and we are beginning to see deal activity ramp up."

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Musk and Bezos Aside, Space Sector Investment Comes Back to Earth - TheStreet

Harnessing bioengineered microbes as a versatile platform for space nutrition – Nature.com

Berliner, A. J. et al. Towards a biomanufactory on Mars. Front. Astron Space Sci. 8, 711550 (2021). This article presents a comprehensive study toward developing sustainable biomanufacturing for extended human operations on Mars.

Google Scholar

Berliner, A. J. et al. Space bioprocess engineering on the horizon. Commun. Eng. 1, 13 (2022).

Douglas, G. L., Zwart, S. R. & Smith, S. M. Space food for thought: challenges and considerations for food and nutrition on exploration missions. J. Nutr. 150, 22422244 (2020).

PubMed Google Scholar

Montague, M. et al. The role of synthetic biology for in situ resource utilization (ISRU). Astrobiology 12, 11351142 (2012).

ADS PubMed Google Scholar

Nangle, S. N. et al. The case for biotech on Mars. Nat. Biotechnol. 38, 401407 (2020).

CAS PubMed Google Scholar

Llorente, B., Williams, T. C. & Goold, H. D. The multiplanetary future of plant synthetic biology. Genes 9, 348 (2018). The authors discuss using synthetic biology approaches to take full advantage of plants to contribute to supporting human ventures off-Earth.

PubMed Central Google Scholar

Menezes, A. A., Cumbers, J., Hogan, J. A. & Arkin, A. P. Towards synthetic biological approaches to resource utilization on space missions. J. R. Soc. Interface 12, 20140715 (2015).

PubMed PubMed Central Google Scholar

Way, J. C., Silver, P. A. & Howard, R. J. Sun-driven microbial synthesis of chemicals in space. Int. J. Astrobiol. 10, 359364 (2011).

ADS CAS Google Scholar

Cannon, K. M. & Britt, D. T. Feeding one million people on Mars. N. Space 7, 245254 (2019).

ADS Google Scholar

Hader, D. P. On the way to Mars-flagellated algae in bioregenerative life support systems under microgravity conditions. Front. Plant Sci. 10, 1621 (2019).

PubMed Google Scholar

Choi, K. R., Yu, H. E. & Lee, S. Y. Microbial food: microorganisms repurposed for our food. Micro. Biotechnol. 15, 1825 (2022). This article discusses repurposing microorganisms as food, comparing microbial-, animal-, and plant-derived biomass productions environmental impact and nutritional properties.

Google Scholar

Sun, L., Xin, F. & Alper, H. S. Bio-synthesis of food additives and colorants-a growing trend in future food. Biotechnol. Adv. 47, 107694 (2021).

CAS PubMed Google Scholar

Linder, T. Making the case for edible microorganisms as an integral part of a more sustainable and resilient food production system. Food Security 11, 265278 (2019). This review summarizes microbial-based foods challenges and potential impacts in addressing environmental sustainability and food security. Basic nutritional properties of microbial food products are also compared to other food products.

Google Scholar

Samuel, D. Investigation of ancient egyptian baking and brewing methods by correlative microscopy. Science 273, 488490 (1996).

ADS CAS PubMed Google Scholar

Onofre, S. B., Bertoldo, I. C., Abatti, D. & Refosco, D. Chemical composition of the biomass of Saccharomyces cerevisiae - (Meyen ex E. C. Hansen, 1883) yeast obtained from the beer manufacturing process. Int. J. Environ. Agric Biotechnol. 2, 558562 (2017).

Google Scholar

Nielsen, J. Yeast systems biology: model organism and cell factory. Biotechnol. J. 14, e1800421 (2019).

PubMed Google Scholar

Purevdorj-Gage, B., Sheehan, K. B. & Hyman, L. E. Effects of low-shear modeled microgravity on cell function, gene expression, and phenotype in Saccharomyces cerevisiae. Appl. Environ. Microbiol. 72, 4569457 (2006).

ADS CAS PubMed PubMed Central Google Scholar

Bell, P. J. L. et al. An electro-microbial process to uncouple food production from photosynthesis for application in space exploration. Life 12, 1002 (2022).

CAS PubMed PubMed Central Google Scholar

Stern, J. C. et al. Evidence for indigenous nitrogen in sedimentary and aeolian deposits from the Curiosity rover investigations at Gale crater, Mars. Proc. Natl Acad. Sci. USA 112, 42454250 (2015).

ADS CAS PubMed PubMed Central Google Scholar

Meerman, R. & Brown, A. J. When somebody loses weight, where does the fat go? BMJ 349, g7257 (2014).

PubMed Google Scholar

Dai, Z. et al. Metabolic construction strategies for direct methanol utilization in Saccharomyces cerevisiae. Bioresour. Technol. 245, 14071412 (2017).

CAS PubMed Google Scholar

Espinosa, M. I. et al. Adaptive laboratory evolution of native methanol assimilation in Saccharomyces cerevisiae. Nat. Commun. 11, 5564 (2020). Methylotrophic metabolism enables growth on methanol, a one-carbon alternative to sugar fermentation. Here the authors use adaptive laboratory evolution to uncover native methylotrophy capacity in the yeast Saccharomyces cerevisiae.

ADS CAS PubMed PubMed Central Google Scholar

Averesch, N. J. Choice of microbial system for in-situ resource utilization on Mars. Front. Astron Space Sci. 8, 700370 (2021).

Google Scholar

Somoza-Tornos, A., Guerra, O. J., Crow, A. M., Smith, W. A. & Hodge, B. M. Process modeling, techno-economic assessment, and life cycle assessment of the electrochemical reduction of CO2: a review. iScience 24, 102813 (2021).

ADS CAS PubMed PubMed Central Google Scholar

Looser, V. et al. Cultivation strategies to enhance productivity of Pichia pastoris: a review. Biotechnol. Adv. 33, 11771193 (2015).

CAS PubMed Google Scholar

Verduyn, C. Physiology of yeasts in relation to biomass yields. Antonie Leeuwenhoek 60, 325353 (1991).

CAS PubMed Google Scholar

Verseux, C. et al. Sustainable life support on Marsthe potential roles of cyanobacteria. Int. J. Astrobiol. 15, 6592 (2016).

ADS CAS Google Scholar

Verseux, C. et al. A Low-Pressure, N2/CO2 atmosphere is suitable for cyanobacterium-based life-support systems on Mars. Front. Microbiol. 12, 611798 (2021).

PubMed PubMed Central Google Scholar

Ducat, D. C., Avelar-Rivas, J. A., Way, J. C. & Silver, P. A. Rerouting carbon flux to enhance photosynthetic productivity. Appl. Environ. Microbiol. 78, 26602668 (2012).

ADS CAS PubMed PubMed Central Google Scholar

Guadalupe-Medina, V. et al. Carbon dioxide fixation by Calvin-Cycle enzymes improves ethanol yield in yeast. Biotechnol. Biofuels 6, 125 (2013).

CAS PubMed PubMed Central Google Scholar

Papapetridis, I. et al. Optimizing anaerobic growth rate and fermentation kinetics in Saccharomyces cerevisiae strains expressing Calvin-cycle enzymes for improved ethanol yield. Biotechnol. Biofuels 11, 17 (2018).

PubMed PubMed Central Google Scholar

Gassler, T. et al. The industrial yeast Pichia pastoris is converted from a heterotroph into an autotroph capable of growth on CO2. Nat. Biotechnol. 38, 210216 (2020). The authors engineered the metabolism of the yeast Pichia pastoris to enable it to grow as an autotrophic organism using CO2 as a sole carbon source.

CAS PubMed Google Scholar

Gleizer, S. et al. Conversion of Escherichia coli to generate all biomass carbon from CO2. Cell 179, 12551263 (2019).

CAS PubMed PubMed Central Google Scholar

Fabarius, J. T., Wegat, V., Roth, A. & Sieber, V. Synthetic methylotrophy in yeasts: towards a circular bioeconomy. Trends Biotechnol. 39, 348358 (2021).

CAS PubMed Google Scholar

Gonzalez de la Cruz, J., Machens, F., Messerschmidt, K. & Bar-Even, A. Core catalysis of the reductive glycine pathway demonstrated in yeast. ACS Synth. Biol. 8, 911917 (2019).

CAS PubMed PubMed Central Google Scholar

Espinosa, M. I., Williams, T. C., Pretorius, I. S. & Paulsen, I. T. Benchmarking two Saccharomyces cerevisiae laboratory strains for growth and transcriptional response to methanol. Synth. Syst. Biotechnol. 4, 180188 (2019).

PubMed PubMed Central Google Scholar

Marcellin, E., Angenent, L. T., Nielsen, L. K. & Molitor, B. Recycling carbon for sustainable protein production using gas fermentation. Curr. Opin. Biotechnol. 76, 102723 (2022).

CAS PubMed Google Scholar

Godard, P. et al. Effect of 21 different nitrogen sources on global gene expression in the yeast Saccharomyces cerevisiae. Mol. Cell Biol. 27, 30653086 (2007).

CAS PubMed PubMed Central Google Scholar

Brabender, M., Hussain, M. S., Rodriguez, G. & Blenner, M. A. Urea and urine are a viable and cost-effective nitrogen source for Yarrowia lipolytica biomass and lipid accumulation. Appl. Microbiol. Biotechnol. 102, 23132322 (2018).

CAS PubMed Google Scholar

Santa Maria, S. R., Marina, D. B., Tieze, S. M., Liddell, L. C. & Bhattacharya, S. BioSentinel: long-term Saccharomyces cerevisiae preservation for a deep space biosensor mission. Astrobiology 20, 114 (2020).

Postma, E. D. et al. Modular, synthetic chromosomes as new tools for large scale engineering of metabolism. Metab. Eng. 72, 113 (2022). This article describes the development of synthetic neochromosomes with modular design as platforms for reprogramming yeast metabolism and installing new functionalities.

CAS PubMed Google Scholar

Kutyna, D. R. et al. Construction of a synthetic Saccharomyces cerevisiae pan-genome neo-chromosome. Nat. Commun. 13, 3628 (2022). This work demonstrates the concept of using synthetic neochromosomes to provide phenotypic plasticity to yeast, including expanding the range of utilizable carbon sources.

ADS CAS PubMed PubMed Central Google Scholar

Beekwilder, J. et al. Polycistronic expression of a beta-carotene biosynthetic pathway in Saccharomyces cerevisiae coupled to beta-ionone production. J. Biotechnol. 192 Pt B, 383392 (2014).

PubMed Google Scholar

Majer, E., Llorente, B., Rodriguez-Concepcion, M. & Daros, J. A. Rewiring carotenoid biosynthesis in plants using a viral vector. Sci. Rep. 7, 41645 (2017).

ADS CAS PubMed PubMed Central Google Scholar

Dixon, T. A., Williams, T. C. & Pretorius, I. S. Sensing the future of bio-informational engineering. Nat. Commun. 12, 388 (2021).

ADS CAS PubMed PubMed Central Google Scholar

Walker, R. S. K. & Pretorius, I. S. Synthetic biology for the engineering of complex wine yeast communities. Nat. Food 3, 249254 (2022).

CAS Google Scholar

Besong, S., Jackson, J. A., Hicks, C. L. & Hemken, R. W. Effects of a supplemental liquid yeast product on feed intake, ruminal profiles, and yield, composition, and organoleptic characteristics of milk from lactating Holstein cows. J. Dairy Sci. 79, 16541658 (1996).

CAS PubMed Google Scholar

Yu, T. et al. Reprogramming yeast metabolism from alcoholic fermentation to lipogenesis. Cell 174, 15491558.e1514 (2018).

CAS PubMed Google Scholar

Yazawa, H., Iwahashi, H., Kamisaka, Y., Kimura, K. & Uemura, H. Improvement of polyunsaturated fatty acids synthesis by the coexpression of CYB5 with desaturase genes in Saccharomyces cerevisiae. Appl. Microbiol. Biotechnol. 87, 21852193 (2010).

CAS PubMed Google Scholar

Tavares, S. et al. Metabolic engineering of Saccharomyces cerevisiae for production of Eicosapentaenoic Acid, using a novel Delta 5-Desaturase from Paramecium tetraurelia. Appl. Environ. Microbiol. 77, 18541861 (2011).

ADS CAS PubMed Google Scholar

Qiu, X., Hong, H. & MacKenzie, S. L. Identification of a Delta 4 fatty acid desaturase from Thraustochytrium sp. involved in the biosynthesis of docosahexanoic acid by heterologous expression in Saccharomyces cerevisiae and Brassica juncea. J. Biol. Chem. 276, 3156131566 (2001).

CAS PubMed Google Scholar

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Harnessing bioengineered microbes as a versatile platform for space nutrition - Nature.com

Twenty-fourth Amendment to the United States Constitution

1964 amendment prohibiting poll taxes

The Twenty-fourth Amendment (Amendment XXIV) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.

Southern states of the former Confederate States of America adopted poll taxes in laws of the late 19th century and new constitutions from 1890 to 1908, after the Democratic Party had generally regained control of state legislatures decades after the end of Reconstruction, as a measure to prevent African Americans and often poor whites (and following passage of the Nineteenth Amendment, women) from voting. Use of the poll taxes by states was held to be constitutional by the Supreme Court of the United States in the 1937 decision Breedlove v. Suttles.

When the 24th Amendment was ratified in 1964, five states still retained a poll tax: Alabama, Arkansas, Mississippi, Texas and Virginia. The amendment prohibited requiring a poll tax for voters in federal elections. But it was not until 1966 that the U.S. Supreme Court ruled 63 in Harper v. Virginia Board of Elections that poll taxes for any level of elections were unconstitutional. It said these violated the Equal Protection Clause of the Fourteenth Amendment. Subsequent litigation related to potential discriminatory effects of voter registration requirements has generally been based on application of this clause.

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.[1]

Poll tax

Cumulative poll tax (missed poll taxes from prior years must also be paid to vote)

No poll tax

Southern states had adopted the poll tax as a requirement for voting as part of a series of laws in the late 19th century intended to exclude black Americans from politics so far as practicable without violating the Fifteenth Amendment. This required that voting not be limited by "race, color, or previous condition of servitude". All voters were required to pay the poll tax, but in practice it most affected the poor. Notably this affected both African Americans and poor white voters, some of whom had voted with Populist and Fusionist candidates in the late 19th century, temporarily disturbing Democratic rule. Proponents of the poll tax downplayed this aspect and assured white voters they would not be affected. Passage of poll taxes began in earnest in the 1890s, as Democrats wanted to prevent another Populist-Republican coalition. Despite election violence and fraud, African Americans were still winning numerous local seats. By 1902, all eleven states of the former Confederacy had enacted a poll tax, many within new constitutions that contained other provisions as barriers to voter registration, such as literacy or comprehension tests administered subjectively by white workers. The poll tax was used together with other devices such as grandfather clauses and the "white primary" designed to exclude blacks, as well as threats and acts of violence. For example, potential voters had to be "assessed" in Arkansas, and blacks were utterly ignored in the assessment.

From 1900 to 1937, such use of the poll tax was nearly ignored by the federal government. Several state-level initiatives repealed poll taxes during this period for two reasons: firstly that they encouraged corruption since wealthy persons could and would pay other people's poll taxes;[3][4] secondly, because they discouraged white voting more than many populist Southern politicians desired. The poll tax survived a legal challenge in the 1937 Supreme Court case Breedlove v. Suttles, which unanimously ruled that

[The] privilege of voting is not derived from the United States, but is conferred by the state and, save as restrained by the Fifteenth and Nineteenth Amendments and other provisions of the Federal Constitution, the state may condition suffrage as it deems appropriate.[5]

The issue remained prominent, as most African Americans in the South were disenfranchised. President Franklin D. Roosevelt spoke out against the tax. He publicly called it "a remnant of the Revolutionary period" that the country had moved past. However, Roosevelt's favored liberal Democrats in the South lost in the 1938 primaries to the reigning conservative Southern Democrats, and he backed off the issue. He felt that he needed Southern Democratic votes to pass New Deal programs and did not want to further antagonize them. Still, efforts at the Congressional level to abolish the poll tax continued. A 1939 bill to abolish the poll tax in federal elections was tied up by the Southern Block, lawmakers whose long tenure in office from a one-party region gave them seniority and command of numerous important committee chairmanships. A discharge petition was able to force the bill to be considered, and the House passed the bill 25484. However, the bill was unable to defeat a filibuster in the Senate by Southern senators and a few Northern allies who valued the support of the powerful and senior Southern seats. This bill would be re-proposed in the next several Congresses. It came closest to passage during World War II, when opponents framed abolition as a means to help overseas soldiers vote. However, after learning that the US Supreme Court decision Smith v. Allwright (1944) banned the use of "white primary", the Southern block refused to approve abolition of the poll tax.

In 1946, the Senate came close to passing the bill. 24 Democrats and 15 Republicans approved an end to debate, while 7non-southern Democrats and 7Republicans joined the 19 Southern Democrats in opposition. The result was a 3933 vote in favor of the bill, but a cloture vote to end the filibuster required a two-thirds supermajority of 48 votes at the time, and so the bill was not brought to a vote. Those in favor of abolition of the poll tax considered a constitutional amendment after the 1946 defeat, but that idea did not advance either.

The tenor of the debate changed in the 1940s. Southern politicians tried to re-frame the debate as a constitutional issue, but private correspondence indicates that black disenfranchisement was still the true concern. For instance, Mississippi Senator Theodore Bilbo declared, "If the poll tax bill passes, the next step will be an effort to remove the registration qualification, the educational qualification of Negroes. If that is done we will have no way of preventing the Negroes from voting." This fear explains why even Southern Senators from states that had abolished the poll tax still opposed the bill; they did not want to set a precedent that the federal government could interfere in state elections.[citation needed]

President Harry S. Truman established the President's Committee on Civil Rights, which among other issues investigated the poll tax. Considering that opposition to federal poll tax regulation in 1948 was claimed as based on the Constitution, the Committee noted that a constitutional amendment might be the best way to proceed. Still, little occurred during the 1950s. Members of the anti-poll tax movement laid low during the anti-Communist frenzy of the period; some of the main proponents of poll tax abolition, such as Joseph Gelders and Vito Marcantonio, had been committed Marxists.

President John F. Kennedy returned to this issue. His administration urged Congress to adopt and send such an amendment to the states for ratification. He considered the constitutional amendment the best way to avoid a filibuster, as the claim that federal abolition of the poll tax was unconstitutional would be moot. Still, some liberals opposed Kennedy's action, feeling that an amendment would be too slow compared to legislation. Spessard Holland, a conservative Democrat from Florida, introduced the amendment to the Senate. Holland had opposed most civil rights legislation during his career.[13] Holland himself had tried several times ever since he entered the US Senate in 1946 to ban the poll tax but was unsuccessful.[14]

Kennedy's gaining his support helped splinter the monolithic Southern opposition to the amendment. Ratification of the amendment was relatively quick, taking slightly more than a year; it was rapidly ratified by state legislatures across the country from August 1962 to January 1964.[citation needed]

President Lyndon B. Johnson called the amendment a "triumph of liberty over restriction" and "a verification of people's rights".[15] States that had maintained the poll tax were more reserved. Mississippi's Attorney General, Joseph Turner Patterson, complained about the complexity of two sets of voters those who had paid their poll tax and could vote in all elections, and those who had not and could vote only in federal elections.[15] Additionally, non-payers could still be deterred by such requirements as having to register far in advance of the election and retain records of such registration.[16] Some states also continued to exercise discrimination in the application of literacy tests.

Ratified amendment, 19621964

Ratified amendment post-enactment, 1977, 1989, 2002, 2009

Rejected amendment

Did not ratify amendment

Congress proposed the Twenty-fourth Amendment on August 27, 1962.[17][18] The amendment was submitted to the states on September 24, 1962, after it passed with the requisite two-thirds majorities in the House and Senate.[15] The final vote in the House was 29586 (13215 in the House Republican Conference and 16371 in the House Democratic Caucus) with 54 members voting present or abstaining,[19] while in the Senate the final vote was 7716 (301 in the Senate Republican Conference and 4715 in the Senate Democratic Caucus) with 7members voting present or abstaining.[20] The following states ratified the amendment:

Ratification was completed on January 23, 1964. The Georgia legislature did make a last-second attempt to be the 38th state to ratify. This was a surprise as "no Southern help could be expected"[16] for the amendment. The Georgia Senate quickly and unanimously passed it, but the House did not act in time.[15] Georgia's ratification was apparently dropped after South Dakota's ratification.

The amendment was subsequently ratified by the following states:

The following state rejected the amendment:

The following states have not ratified the amendment:

Arkansas effectively repealed its poll tax for all elections with Amendment 51 to the Arkansas Constitution at the November 1964 general election, several months after this amendment was ratified. The poll-tax language was not completely stricken from its Constitution until Amendment 85 in 2008.[21] Of the five states originally affected by this amendment, Arkansas was the only one to repeal its poll tax; the other four retained their taxes. These were struck down in 1966 by the US Supreme Court decision in Harper v. Virginia Board of Elections (1966), which ruled poll taxes unconstitutional even for state elections. Federal district courts in Alabama and Texas, respectively, struck down these states' poll taxes less than two months before the Harper ruling was issued.

The state of Virginia accommodated the amendment by providing an "escape clause" to the poll tax. In lieu of paying the poll tax, a prospective voter could file paperwork to gain a certificate establishing a place of residence in Virginia. The papers would have to be filed six months in advance of voting, and the voter had to provide a copy of that certificate at the time of voting. This measure was expected to decrease the number of legal voters.[22] In the 1965 Supreme Court decision Harman v. Forssenius, the Court unanimously found such measures unconstitutional. It declared that for federal elections, "the poll tax is abolished absolutely as a prerequisite to voting, and no equivalent or milder substitute may be imposed."[23]

While not directly related to the Twenty-fourth Amendment, the Harper case held that the poll tax was unconstitutional at every level, not just for federal elections. The Harper decision relied upon the Equal Protection Clause of the Fourteenth Amendment, rather than the Twenty-Fourth Amendment. As such, issues related to whether burdens on voting are equivalent to poll taxes in discriminatory effect have usually been litigated on Equal Protection grounds since.

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Twenty-fourth Amendment to the United States Constitution

With The Onions support, satirist asks court to revive lawsuit against police who arrested him – SCOTUSblog

petitions of the week ByKalvis Golde on Oct 14, 2022 at 6:10 pm

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions were watching is available here.

In a case that prompted satirical news outlet The Onion to file its first-ever amicus brief in the Supreme Court, an Ohio man sued police for violating his constitutional rights when they arrested him for creating a Facebook page parodying the local police department. This week, we highlight cert petitions that ask the court to consider, among other things, whether those officers are entitled to qualified immunity.

Anthony Novak, a resident of Parma, Ohio, created a Facebook page with the same name, cover photo, and profile picture as the city police departments page. In the 12 hours Novaks page was live, it went viral thanks to six satirical posts announcing, for example, a new hiring initiative strongly encouraging minorities not to apply and a no means no fair at which residents could remove their names from the sex-offender registry by completing a series of puzzles.

After obtaining a warrant to investigate the owner of the page, police arrested Novak under an Ohio law that makes it a felony to disrupt, interrupt, or impair police operations. Novak was acquitted at trial. He then sued the officers who arrested him for violating his First Amendment right to freedom of speech and his Fourth Amendment right to freedom from unreasonable searches and seizures.

The U.S. Court of Appeals for the 6th Circuit granted the officers qualified immunity. Before taking down the page, Novak had copied a disclaimer posted on the departments real Facebook page decrying the fake account and deleted user comments that his own page was a parody. Because no court case has clearly established that those actions are protected speech, the 6th Circuit held, the officers could reasonably believe that some of Novaks Facebook activity was not parody protected under the First Amendment.

In Novak v. City of Parma, Ohio, Novak asks the justices to clarify when qualified immunity is available if the justification for probable cause relies on speech. He argues that his arrest was retaliation for his speech, and that the officers conduct was an obvious constitutional violation not entitled to qualified immunity. Novak also points out that the 6th Circuit originally sided with him at an earlier stage in the case: Imagine if The Onion, Judge Amul Thapar wrote, were required to disclaim that parodical headlines are, in reality, false.

Answering that call, The Onion filed an amicus brief in support of Novaks petition from the court of appeals subsequent ruling for the officers. In urging the court to take up the case, the magazine tells the justices that the 6th Circuits ruling threatens to disembowel a form of rhetoric that has existed for millennia, that is particularly potent in the realm of political debate, and that, purely incidentally, forms the basis of The Onions writers paychecks.

Donziger v. United States22-274Issues: (1) Whether Federal Rule of Criminal Procedure 42(a)(2) authorizes judicial appointments of inferior executive officers; and (2) if so, whether such appointments violate the appointments clause in Article II, Section 2 of the Constitution.

Pavlock v. Holcomb22-282Issues: (1) Whether a judicial taking under the Fifth and 14th Amendments is a cognizable cause of action; and (2) whether a property owner who is deprived of property under the authority of a state court decision may seek prospective injunctive relief in federal court to halt encroachment on their property by state officials acting under the authority of that decision.

Novak v. City of Parma, Ohio22-293Issues: (1) Whether an officer is entitled to qualified immunity for arresting an individual based solely on speech parodying the government, so long as no case has previously held the particular speech is protected; and (2) whether the court should reconsider the doctrine of qualified immunity.

County of Ontario, New York v. Gunsalus22-294Issue: Whether the U.S. Court of Appeals for the 2nd Circuit erred in refusing to extend the holding ofBFP v. Resolution Trust Corp.to a lawfully conducted tax foreclosure, where New York tax foreclosure law provides for ample notice, opportunity to cure and judicial oversight of the process, and where there is no evidence of a clear and manifest intent by Congress to allow11 U.S.C. 548to impinge upon the important state interests in securing real estate titles and collecting real property taxes.

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With The Onions support, satirist asks court to revive lawsuit against police who arrested him - SCOTUSblog

Trump legal counsel vows ‘Fourth Amendment based’ challenge to Mar-a …

Former President Trump's legal counsel said on the Mark Levin Show that he's preparing to file a Fourth Amendment-related legal challenge "very soon" against the Department of Justice in relation to the Mar-a-Lago raid.

James Trusty, a former federal prosecutor, said that Trump's legal team is going to "weigh in very strong and very hard," stating that they are going to be "attacking" the search warrant used in the FBI's raid on the former president's Florida estate.

"It should be something that gets publicly filed. So the whole United States will get to read this thing," Trusty said regarding the action the former president will take. As for the timing of the move, Trusty said Monday is a "possiblity" but added "it's probably going to be more like hours."

"It's coming very soon," he said.

FEDERAL COURT RULES DOJ MUST RELEASE INTERNAL MEMO TO THEN-AG BARR STATING TRUMP DIDN'T OBSTRUCT JUSTICE

Former U.S. President Donald Trump leaves Trump Tower to meet with New York Attorney General Letitia James for a civil investigation on August 10, 2022 in New York City. (James Devaney/GC Images)

"You know, the Fourth Amendment requires particularity. It requires narrowness to the intrusion on the person's home. And this warrant had language in it. And keep in mind, all we've seen is a warrant and an inventory. But the warrant has language in it about if you find a classified document, you can take the whole box around, it and you can take any boxes near it. And that's really the functional equivalent of a general search. There's just no limit to that kind of scope in the warrant," Trusty said on the Mark Levin Show.

Trusty said that Trump is "entitled" to a specific inventory list of what was taken from Mar-a-Lago, and went on to say that the property receipt, which was publicly released, is a "very vague document."

"We are way behind in terms of the government playing fair and giving us the details that we're entitled to," Trusty said.

He also called it "perplexing" that FBI agents grabbed items such as attorney-client privileged information and passports belonging to the former president.

Agents from the FBI executed a search warrant on Trump's Florida estate on Aug. 8 and seized items, which include 11 sets of material that are listed as classified, as well as some that were marked as top secret.

Trump has denied that any of the materials in his possession at Mar-a-Lago were classified.

Trump's attorney also called for a "judicial intervention" at the district court level that "can help us vindicate the First Amendment rights of the president," adding "we're going to come out swinging."

JUDGE SCHEDULES HEARING ON UNSEALING FBI MAR-A-LAGO SEARCH RECORDS

Former U.S. President Donald Trump speaks at the Conservative Political Action Conference at the Hilton Anatole on Aug. 6, 2022 in Dallas, Texas. (Brandon Bell/Getty Images)

Trusty called for a third party to get involved with the goal of stopping the Justice Department "in their tracks when it comes to inspecting these documents."

"They shouldn't have anybody filter team or not, looking at these materials right now because of the nature of this search and the misrepresentations, frankly, that we're getting from the DOJ about why they did the search and even how they conducted it," Trusty said on the Mark Levin Show.

He said that this is "bizarre territory" and said that it is "worrisome territory in terms of the historic precedent of it," also stating that there are large amounts of documents that were taken that are subject to privilege.

"We think there's a legitimate large swath of potential documents subject to privilege, and we're not willing to just take it on faith," Trusty said.

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Donald Trump leaves NYC post FBI raid on Mar-a-Lago resort (Felipe Ramales: Fox News Digital)

Trump previewed the legal challenge on Friday in a Truth Social post, stating that a "major motion" would soon be filed.

"A major motion pertaining to the Fourth Amendment will soon be filed concerning the illegal Break-In of my home, Mar-a-Lago, right before the ever important Mid-Term Elections. My rights, together with the rights of all Americans, have been violated at a level rarely seen before in our Country. Remember, they even spied on my campaign. The greatest Witch Hunt in USA history has been going on for six years, with no consequences to the scammers. It should not be allowed to continue!," Trump said.

Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on Twitter @asabes10.

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Utah Court of Appeals reverses sex offender’s conviction, claiming state failed to prosecute case for 2 years – FOX 13 News Utah

SALT LAKE CITY The Utah Court of Appeals has reversed a sex offender's conviction after they say prosecutors failed to notify him they'd charged him or were prosecuting him.

In to a 74-page document filed by the Utah Court of Appeals on Friday, Judge Ryan Harris said the appellant, Chad Hintze, wasn't made aware of a charge against him for two years.

The charge, according to the documents, stemmed from an incident in June of 2016 in which Hintze and a teenage girl were eating and sitting on a park bench along the Jordan River Trail. Hintze and the girl were approached by three uniformed officers on bike patrol.

Hintze wasn't permitted to be there because he was convicted of attempted unlawful sexual activity with a minor in 2011. He was required to register as a sex offender following that incident.

For the 2016 incident, Hintze was ultimately charged by the state with one count of violation by a sex offender of a protected area.

Judge Harris' opinion in the documents goes on to say the state did not immediately file charges against Hintze.

In March of 2017, Hintze was charged with forcible sexual abuse, which is considered a second-degree felony. This incident happened in a separate and unrelated case. In August of 2017, Hintze was sentenced to a prison term of zero-to-five years based on that conviction.

"He should have spent separate times in jail for his two separate offenses," said Danielle Ahn, a candidate for Salt Lake County District Attorney.

Instead, Ahn says, he was punished for just the incident that took place in 2017.

It's something Ahn says is unacceptable.

"It's an injustice to the defendant, it's an injustice to the community and to the victim," she said.

FOX 13 News sat down with Salt Lake County District Attorney Sim Gill Monday afternoon. He said the 2016 case involving Hintze was filed in 2018, which is within the two-year statute of limitations.

"When this case was filed, he had apparently been gone to prison, so we filed the charges, we asked for a warrant," said Gill.

Looking back on the case, Gill said Hintze was not served that warrant until the Board of Pardons was reviewing his case, while Hintze was housed in Kane County.

As for the Utah Court of Appeals decision, Gill says another issue brought up pertaining to that 2016 case was the underlying issue of the initial police contact, and whether that violated Hintze's Fourth Amendment rights in terms of probable cause.

"There was a hearing that was done, that at that time, the state prevailed on that," Gill said. "Tthe court ruled and they overruled."

FOX 13 News asked Gill about Hintze's status and if he was a free man at the moment, but the DA said he didn't know whether Hintze was in custody or not.

Bethany Crisp is the outreach coordinator with the Utah Coalition Against Sexual Assault.

"We just help, you know, create that statewide collaboration," she said.

Crisp said that in her line of work, victims often have a difficult and traumatic time when reporting crimes against them.

"The Rape, Abuse and Incest National Network show that more than two out of every three sexual assaults go unreported," she said.

Crisp said some victims go through a lengthy trial only to then see the perpetrator walk free, which she says also makes it difficult for many of them to decide if they want to want to report that kind of crime or not.

"That's why this matter of reporting and making sure that people feel comfortable reporting is a public health concern," said Crisp.

In a split ruling, judges ruled that Hintze's Sixth Amendment right to a speedy trial was violated. On that basis, they decided to reverse the conviction and remand with instructions to dismiss the charge from 2016.

FOX 13 News also spoke with former federal judge Paul Cassell about the dismissed case.

"So this was a case in which the DA'S office had filed charges and then took no action for two years to move the case forward," said Cassell, who is now a criminal law professor at the University of Utah, "And so if we're looking for who's responsible for the delay here, the Utah Court of Appeals has said the Salt Lake DA'S Office is the one that's ultimately responsible for moving this case forward and failed to do so."

Cassell went on to say that if the charges had been filed properly, it could have prevented the other crime from taking place.

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Utah Court of Appeals reverses sex offender's conviction, claiming state failed to prosecute case for 2 years - FOX 13 News Utah

What is Fog Reveal? A legal scholar explains the app some police forces are using to track people without a warrant – Cobb County Courier

by Anne Toomey McKenna, University of Richmond [This article first appeared in The Conversation, republished with permission]

Government agencies and private security companies in the U.S. have found a cost-effective way to engage in warrantless surveillance of individuals, groups and places: a pay-for-access web tool called Fog Reveal.

The tool enables law enforcement officers to see patterns of life where and when people work and live, with whom they associate and what places they visit. The tools maker, Fog Data Science, claims to have billions of data points from over 250 million U.S. mobile devices.

Fog Reveal came to light when the Electronic Frontier Foundation (EFF), a nonprofit that advocates for online civil liberties, was investigating location data brokers and uncovered the program through a Freedom of Information Act request. EFFs investigation found that Fog Reveal enables law enforcement and private companies to identify and track people and monitor specific places and events, like rallies, protests, places of worship and health care clinics. The Associated Press found that nearly two dozen government agencies across the country have contracted with Fog Data Science to use the tool.

Government use of Fog Reveal highlights a problematic difference between data privacy law and electronic surveillance law in the U.S. It is a difference that creates a sort of loophole, permitting enormous quantities of personal data to be collected, aggregated and used in ways that are not transparent to most persons. That difference is far more important in the wake of the Supreme Courts Dobbs v. Jackson Womens Health Organization decision, which revoked the constitutional right to an abortion. Dobbs puts the privacy of reproductive health information and related data points, including relevant location data, in significant jeopardy.

The trove of personal data Fog Data Science is selling, and government agencies are buying, exists because ever-advancing technologies in smart devices collect increasingly vast amounts of intimate data. Without meaningful choice or control on the users part, smart device and app makers collect, use and sell that data. It is a technological and legal dilemma that threatens individual privacy and liberty, and it is a problem I have worked on for years as a practicing lawyer, researcher and law professor.

U.S. intelligence agencies have long used technology to engage in surveillance programs like PRISM, collecting data about individuals from tech companies like Google, particularly since 9/11 ostensibly for national security reasons. These programs typically are authorized by and subject to the Foreign Intelligence Surveillance Act and the Patriot Act. While there is critical debate about the merits and abuses of these laws and programs, they operate under a modicum of court and congressional oversight.

Domestic law enforcement agencies also use technology for surveillance, but generally with greater restrictions. The U.S. Supreme Court has ruled that the Constitutions Fourth Amendment, which protects against unreasonable search and seizure, and federal electronic surveillance law require domestic law enforcement agencies to obtain a warrant before tracking someones location using a GPS device or cell site location information.

Fog Reveal is something else entirely. The tool made possible by smart device technology and that difference between data privacy and electronic surveillance law protections allows domestic law enforcement and private entities to buy access to compiled data about most U.S. mobile phones, including location data. It enables tracking and monitoring of people on a massive scale without court oversight or public transparency. The company has made few public comments, but details of its technology have come out through the referenced EFF and AP investigations.

Every smartphone has an advertising ID a series of numbers that uniquely identifies the device. Supposedly, advertising IDs are anonymous and not linked directly to the subscribers name. In reality, that may not be the case.

Private companies and apps harness smartphones GPS capabilities, which provide detailed location data, and advertising IDs, so that wherever a smartphone goes and any time a user downloads an app or visits a website, it creates a trail. Fog Data Science says it obtains this commercially available data from data brokers, permitting the tool to follow devices through their advertising IDs. While these numbers do not contain the name of the phones user, they can easily be traced to homes and workplaces to help police identify the user and establish pattern-of-life analyses.

Law enforcement use of Fog Reveal puts a spotlight on that loophole between U.S. data privacy law and electronic surveillance law. The hole is so large that despite Supreme Court rulings requiring a warrant for law enforcement to use GPS and cell site data to track persons it is not clear whether law enforcement use of Fog Reveal is unlawful.

Electronic surveillance law protections and data privacy mean two very different things in the U.S. There are robust federal electronic surveillance laws governing domestic surveillance. The Electronic Communications Privacy Act regulates when and how domestic law enforcement and private entities can wiretap, i.e., intercept a persons communications, or track a persons location.

Coupled with Fourth Amendment protections, ECPA generally requires law enforcement agencies to get a warrant based on probable cause to intercept someones communications or track someones location using GPS and cell site location information. Also, ECPA permits an officer to get a warrant only when the officer is investigating certain crimes, so the law limits its own authority to permit surveillance of only serious crimes. Violation of ECPA is a crime.

The vast majority of states have laws that mirror ECPA, although some states, like Maryland, afford citizens more protections from unwanted surveillance.

The Fog Reveal tool raises enormous privacy and civil liberties concerns, yet what it is selling the ability to track most persons at all times may be permissible because the U.S. lacks a comprehensive federal data privacy law. ECPA permits interceptions and electronic surveillance when a person consents to that surveillance.

With little in the way of federal data privacy laws, once someone clicks I agree on a pop-up box, there are few limitations on private entities collection, use and aggregation of user data, including location data. This is the loophole between data privacy and electronic surveillance law protections, and it creates the framework that underpins the massive U.S. data sharing market.

AP investigative journalist Garance Burke explains how she and her colleagues uncovered law enforcement use of Fog Reveal.

Without robust federal data privacy safeguards, smart device manufacturers, app makers and data brokers will continue, unfettered, to utilize smart devices sophisticated sensing technologies and GPS capabilities to collect and commercially aggregate vast quantities of intimate and revealing data. As it stands, that data trove may not be protected from law enforcement agencies. But the permitted commercial use of advertising IDs to track devices and users without meaningful notice and consent could change if the American Data Privacy Protection Act, approved by the U.S. House of Representatives Committee on Energy and Commerce by a vote of 53-2 on July 20, 2022, passes.

ADPPAs future is uncertain. The app industry is strongly resisting any curtailment of its data collection practices, and some states are resisting ADPPAs federal preemption provision, which could minimize the protections afforded via state data privacy laws. For example, Nancy Pelosi, speaker of the U.S. House of Representatives, has said lawmakers will need to address concerns from California that the bill overrides the states stronger protections before she will call for a vote on ADPPA.

The stakes are high. Recent law enforcement investigations highlight the real-world consequences that flow from the lack of robust data privacy protection. Given the Dobbs ruling, these situations will proliferate absent congressional action.

Anne Toomey McKenna, Visiting Professor of Law, University of Richmond

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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What is Fog Reveal? A legal scholar explains the app some police forces are using to track people without a warrant - Cobb County Courier

Accused killer sent home in Indianapolis triple murder trial; evidence thrown out – WTHR

A Marion County judge gave the order releasing Caden Smith, who is charged with killing three friends on the south side last October.

INDIANAPOLIS A teenager accused of killing three people last year is at home with an ankle bracelet, instead of behind bars.

A Marion County judge gave the order releasing Caden Smith, along with throwing out key evidence in the case.

Family members of the victims call that decision dangerous and say they're frustrated with the courts. They expected to be in a courtroom Monday, watching justice begin to play out.

"He was just a really good person, great father, loyal to his family. He's just truly missed," said Michael James Jr.'s mother, Gladys Larsen.

It's been one year since Larsen was murdered, one of three young men shot multiple times and left in a field on the south side of Indianapolis.

"Surreal," said Michael James Sr. "I've experienced losses, but nothing like this."

His parents are stunned that a judge recently let his accused killer out of jail.

Smith's trial, which was originally supposed to start Monday, has been stalled. The judge in the case released the teenager with a GPS ankle monitor. He's at home and just can't leave the state.

"I'm at disbelief. Really puzzled," James said.

"I just don't understand how and why this is being allowed," Larsen added.

Smith is accused of killing James, Abdulla Mubarak and Joseph Thomas on two separate days last October.

According to court documents, IMPD detectives say they found the gun matching bullet fragments in the boys' bodies in Smith's home on West Thompson Road, along with a bulletproof vest, bags of drugs and several cell phones with internet searches like "Does freezing a gun remove DNA" and "How many deaths is considered a mass murder."

But Marion County Judge Jennifer P. Harrison recently ruled that law enforcement violated Smith's Fourth Amendment rights in the search warrant, even though the original warrant was signed and approved by another judge.

Harrison also suppressed key evidence in the case, including the alleged murder weapon.

Family members, including the mother of Michael's young children, call the decision dangerous.

"I've got kids here and now I've got to sit here and think if this kid cuts off his anklet, is someone gonna get him in time before he's gone?" she asked. "And now I have to worry about my kids."

"I think it is very dangerous," Larsen said. "You find the murder weapon in someone's home and you set them free on GPS? Who's to say this is not going to happen again? Who's to say he's not going to seek revenge on family members? There are a lot of variables here we are very concerned about. I am actually a former Chicago police officer and I do not put anything past Caden Smith."

The Marion County Prosecutor's Office objected to Smith's release and Indiana's attorney general has now filed an appeal in the case. Prosecutors also asked for, and were granted, a stay in the case until the appeal is heard.

Attorneys are set to meet again in January.

Family members of the young men killed say they just want justice.

"We have to put things in motion so we can get Caden Smith back behind bars where he belongs before he hurts someone else," Larsen said.

"I'm just in disbelief, because these three young men don't have a chance to share love and be with their families anymore," James added, "because a lot of families were affected by this heinous act."

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Accused killer sent home in Indianapolis triple murder trial; evidence thrown out - WTHR

Some Texas Lawyers Think Greg Abbott’s Border Initiative Is UnconstitutionalBut They’re Afraid to Challenge It – Texas Monthly

When Jess Alberto Guzmn Curipoma, an engineer in Ecuador, decided to escape rampant gang violence and head to the United States last fall, he did not imagine the legal dragnet that would ensnare him. Curipoma knew a bit about the asylum process in the U.S. and planned to turn himself in to federal immigration authorities at the border. But a few months before he began his journey north, Texas governor Greg Abbott launched a showy initiative, Operation Lone Star, under which Texas law enforcement agents were deployed to arrest thousands of immigrants on state trespassing charges. When Curipoma crossed the Rio Grande into rural Kinney County in September, he was arrested by state troopers, not federal agents. Then, because Kinney County was arresting so many migrants and could not handle its caseload, Curipoma spent weeks in a Frio County jail, about one hundred miles to the east, awaiting a hearing.

Curipomas family contacted Angelica Cogliano and Addy Mir, Austin-based criminal defense attorneys, who secured his release. As his hearing was delayed with no relief in sight in backlogged Kinney County courts, Cogliano filed a writ of habeas corpus in Travis County, home to Austin, arguing that the operation that had imprisoned her client had unconstitutionally violated the preemption doctrine, which holds that state laws cannot interfere with federal authority on matters of immigration or otherwise. A state district judge agreed, finding that Operation Lone Star was indeed preempting federal immigration enforcement. Even the Travis County district attorneys office, our adversary at the hearing, agreed with us, and we were all in tears after that, Cogliano said.

On the heels of the ruling, the future of Abbotts program appeared in peril. Texas RioGrande Legal Aid, a nonprofit providing legal services to those in poverty, filed more than four hundred cases in the Austin court that issued the Curipoma decision. But Kinney County appealed in February on the basis that it, not Travis County, was the proper venue for the hearing. The Curipoma case, along with the hundreds of similar ones, has been held up since then.

As their clients fates remained in limbo, many lawyers representing migrants hoped that constitutional lawyers would bring a larger challenge to Abbotts border security initiative that could offer wholesale relief. Preemption was on the radar of everyone litigating criminal cases in Operation Lone Star, Cogliano said. She reached out to S. Rafe Foreman and Susan Hutchison, Fort Worthbased attorneys, and convinced them to get involved in bringing a larger suit.

In April, Hutchison, who has spent the better part of four decades working on employment discrimination and civil rights cases, sued state officials in the U.S. District Court for the Western District of Texas. She brought claims on Fourth Amendment and equal-protection grounds, arguing that Operation Lone Star enforcement constituted an unreasonable search and seizure and targeted her clients because of their race. But, above all, Hutchison built her case on preemption. There was a widely held view among attorneys and other legal experts that Texas officials were in flagrant violation of a 2012 Supreme Court ruling that found that an Arizona show me your papers law interfered with federal immigration authority. In June of 2021, the American Civil Liberties Union argued in a letter to Kinney County officials that state and local officials had no grounds for enforcing federal immigration laws, citing the federal preemption doctrine. In the fall of 2021, more than two dozen members of Congress, including Joaquin Castro, a Democrat who represents much of San Antonio, sent a letter to U.S. attorney general Merrick Garland and Alejandro Mayorkas, head of the Department of Homeland Security, accusing Abbott of violating the Constitutions Supremacy Clause, from which the doctrine of preemption is derived.

And yet, months later, the preemption challenge has not come. Hutchison says that, from the outset, the ACLU privately urged her against bringing forward a case built on preemption, and the Department of Justice never rallied around her lawsuit. While representatives in neither organization granted requests for interviews about their rationales, some legal scholars believe the organizations feared that the federal judiciary had shifted so far to the right that itwould use the Operation Lone Star suit to overturn the Arizona precedent. Everybody and their brother, including the ACLU, was telling us to drop the preemption claim, Hutchison said. And considering the current state of the Fifth Circuit, and the Supreme Court, making a preemption argument might just be giving Texas a chance to overturn Arizona, or at least make it super narrow.

Josh Blackman, a law professor at South Texas College of Law Houston, said the refusal to sue on preemption grounds is part of a larger strategy to avoid bringing precedent-setting cases before the Supreme Court with its 63 right-wing majority. To avoid adverse precedents, sometimes you make the decisions you may not like. Thats just how litigation works, Blackman said.

Hutchison has subsequently refocused her case, dropping the preemption argument in favor of the equal-protection and Fourth Amendment ones. Regardless of how her ongoing lawsuit on those grounds resolves, experts think Texas has already won in many respects. Abbott and state leaders have designed a program that made clever use of the states existing criminal infrastructure to avoid a sweeping lawsuit for more than a year and counting. An official in Texas attorney general Ken Paxtons office, speaking on the condition of anonymity, told me that Paxton believes Arizona was incorrectly decided, but added with a dash of bravado that the precedent doesnt apply to Operation Lone Star in the first place, since the program simply relies on enforcing Texas laws already on the books, including laws against trespassing.

Cogliano acknowledged that the programs design makes it hard to challenge. Texas wants Arizona reversed, but instead of tackling it directly, and creating state laws that let us litigate them on their face, theyre hiding from it under the blanket of criminal justice, she said. Texas is a mastermind at manipulating the way the legal system is supposed to work.

Many lawyers argue, nonetheless, that Operation Lone Star does, in fact, preempt federal immigration authority, even if not by letter of the law. Geoffrey Hoffman, a former professor and director of the immigration clinic at the University of Houston Law School and a newly appointed immigration judge in Houston, said, While they are prosecuting for trespass, a state-level crime, the actual implementation has been to enforce immigration law, and that interferes with federal policies and the federal statutory scheme. He and other lawyers point to the evidence of who is being arrested on trespassing charges. In Kinney County, for example, officials say that law enforcement agents have arrested just three individuals for trespassing who were not immigrants since Operation Lone Star beganagainst the more than four thousand arrested who had just crossed the border.

Lawyers also note that Abbott speaks of Operation Lone Star as a border enforcement initiative, not one designed to stop trespassing. The governor has repeatedly referred to the program as a way to secure the border despite what he identifies as the Biden administrations refusal to do so, and hes said the policy will senda message to those south of the Rio Grande to not attempt a crossing. He also once tweeted that Lone Star was a program to arrest and jail illegal immigrants. Operation Lone Star prosecutors have spoken of the program in similar terms. When the first migrant defendant arrested under Operation Lone Star was convicted in May and sentenced to a year in jail on a misdemeanor, Tony Hackebeil, the San Antoniobased prosecutor in the case, declared the ruling had sent a message to those considering crossing the border. The trespassing prosecution, he seemed to suggest, was just a means to an end.

The Biden administration sued Texas in July of last year over a specific Lone Star directive that sought to prevent drivers from transporting migrants suspected of carrying COVID-19. And the Texas Tribune and ProPublica reported this July that Justice Department officials are investigating Operation Lone Star for alleged civil rights abuses. But Texas lawyers say the Department of Justices silence on Texass overall enforcement activities appears to acknowledge a legal disadvantage. Others say federal authorities might even be cooperating with Texas. Homeland Security and the Texas Department of Public Safety declined to comment for this story, but according to Amrutha Jindal, chief defender of migrants arrested under Lone Star at the Lubbock Private Defenders Office, the state initiative would not be possible without the support of federal immigration authorities. Were seeing the U.S. Border Patrol apprehend individuals that they later turn over to the Texas Department of Public Safety for prosecution, and then federal law enforcement picks them up after theyve posted bond or their case is complete, Jindal said. And state law enforcement relies on Border Patrol technology, and sharing information over radio dispatch channels.

Meanwhile, as the Curipoma case has been appealed, it has become effectively impossible to pursue habeas corpus relief for migrants.The high [we felt with the release] of Curipoma has been stomped on by our inability to address the real issue, Cogliano said. She added that she understands the risks of challenging Operation Lone Star more broadly, but that playing it safe offers little comfort to her clients. Since his release, Curipoma has settled in Texas and has kept busy working on his graduate dissertation in engineering, but many others like him remain imprisoned while awaiting long-delayed trials. The Biden administration doesnt have to look our clients in the face. They dont see the desperation, or what theyre enduring in prison, Cogliano said. There comes a point when you have to stop being scared.

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Some Texas Lawyers Think Greg Abbott's Border Initiative Is UnconstitutionalBut They're Afraid to Challenge It - Texas Monthly

West Virginia midterm elections: What to know about voting in Mon County – The Daily Athenaeum – thedaonline

Election season is here, and West Virginians will soon cast their ballots for a number of county, state and federal offices, as well as four proposed amendments to the state constitution.

Tuesday, Oct. 18, is the voter registration deadline in West Virginia to participate in the 2022 midterm elections. Early voting will take place from Oct. 26 to Nov. 5.

Heres what you need to know about voting in Monongalia County.

You can verify your voter registration status on the Secretary of States website by entering your full name and birthdate. From there, you can see your voter status, party affiliation, political district and polling location.

The deadline to register to vote in West Virginia is Tuesday, Oct. 18.

You can register online, by mail or in person by providing a valid ID and the last four digits of your Social Security number. Your county clerk should notify you once your application has been processed.

If you dont have a driver's license or access to your Social Security number, you can create a voter application online and deliver a signed copy to your county clerk by mail or in person.

If this is your first time registering to vote in the state, youll be required to show valid identification when registering and voting for this election. Heres a full list of acceptable IDs.

To qualify for voter registration in West Virginia, you must be a U.S. citizen and 18 years or older. You must also have a physical address in the state.

You cannot register to vote in the state if youve been convicted of a felony and are still serving a sentence, including probation or parole, or if youve been deemed mentally incapacitated by the court of law.

Heres more information on voter eligibility.

Yes, anyone in West Virginia can update their voter registration on the Secretary of State's website.

In-state students can change their voting district by providing a physical address, including college dorms and apartments.

Out-of-state students can register to vote in the state as well by providing a physical address and a valid ID. However, these students are strongly encouraged to cancel their out-of-state registration while voting in West Virginia, according to Donald Kersey, deputy legal counsel for the Secretary of State.

Although its not illegal to be registered to vote in two states, voting on two different ballots is a felony in West Virginia, according to the State Code.

In West Virginia, you can vote in person or by mail, though you must meet certain eligibility requirements.

If youre voting in person, you can confirm your polling location with the Secretary of State.

For absentee voting, you must fill out a ballot application and submit it to the county clerk at least six days before the election (Nov. 2, 2022).

Track your absentee ballot here.

A number of county, state and federal offices will be on the ballot in the November general election.

All West Virginians will vote for members of the U.S. House of Representatives, state delegates and state senators.

Offices in both the states House of Delegates and Senate are also up for grabs, with all previous position-holders running for re-election. Ballots will vary for voters based on districts and precincts.

Additionally, local elections for the Monongalia County Commission, Clerk and Circuit Clerk will also take place on Nov. 8. Both the candidate for the County Clerk and the County Circuit Clerk will run unopposed, whereas the race for the County Commission has two candidates, Democrat Bob Beach and Republican Sean Sikora.

You can look up a sample ballot on the Secretary of States website.

Voters will also be asked to weigh in on four different amendments to the states constitution, regarding tax, religion, education and impeachment.

Amendment 1: Judiciary Role in Impeachment

The first proposed amendment is aimed to clarify the Judiciarys role in impeachment proceedings and thereafter.

Currently, any state official, in either the House of Delegates or the Senate, may be impeached for a number of reasons, including but not limited to the neglect of duty, corruption or a high crime or misdemeanor. The House holds the power to impeach while the Senate is responsible for trying.

This amendment would assert that the Judiciary and its courts have no power to interfere or intervene with any impeachment proceeding of the House or Senate. The Judiciary is also prohibited from reviewing a judgment in the House or Senate regarding an impeachment.

Amendment 2: Property Tax

The proposed amendment on how much power the state should maintain over taxation may be the most controversial.

The second and most controversial amendment would permit the state to give tax cuts and exemptions for personal property taxes on tangible machinery, equipment and inventory used for business practices. It would also exempt the personal motor vehicle tax from ad valorem property taxes, which means that the tax is proportional to the value of the transaction or the property being taxed.

According to the West Virginia Center for Budget & Policy, the proposed amendment would give the legislature control over 27% of personal property taxes in the state.

Amendment 3: Incorporation of Churches

The third amendment discusses the incorporation of churches or religious denominations. This would allow for provisions to be made through general laws for securing, selling or transferring the title of a church property for purposes of the church or religious denominations.

Currently, West Virginia is the only state that prohibits any charter of incorporation to be granted to any church or religious denomination, as the provision was inherited from Virginias constitution when the state seceded. Allowing churches and religious denominations to incorporate would make it easier for them to borrow and manage money.

Amendment 4: Board Education

Lastly, the fourth amendment would clarify that any rule or policy enacted by the State Board of Education is subject to legislative review, approval, amendment or rejection. After the BOE creates a rule or policy, it must be submitted for review.

This means the state Legislature would give the final ruling over any proposed BOE rule or policy change.

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West Virginia midterm elections: What to know about voting in Mon County - The Daily Athenaeum - thedaonline

HIGHPEAK ENERGY, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance…

Item 1.01 Entry into a Material Definitive Agreement.

On October 14, 2022 (the "Fifth Amendment Effective Date"), HighPeak Energy,Inc. (the "Company"), as borrower, Fifth Third Bank, National Association, asthe existing administrative agent (the "Existing Agent"), Wells Fargo Bank,National Association, as the new administrative agent (the "New Agent"), theguarantors party thereto and the lenders party thereto entered into that certainFifth Amendment to Credit Agreement (the "Credit Agreement Amendment"), which,upon effectiveness, amended that certain Credit Agreement, dated as of December17, 2020 (as amended, restated, amended and restated, supplemented or otherwisemodified by (i) that certain First Amendment to Credit Agreement, dated as ofJune 23, 2021, (ii) that certain Second Amendment to Credit Agreement, dated asof October 1, 2021, (iii) that certain Third Amendment to Credit Agreement,dated as of February 9, 2022, (iv) that certain Fourth Amendment to CreditAgreement, dated as of June 27, 2022 and (v) the Credit Agreement Amendment,(the "Credit Agreement")), among the Company, Fifth Third Bank, NationalAssociation, as administrative agent, the guarantors party thereto and thelenders party thereto to, among other things, (i) increase the electedcommitments to $525 million and the borrowing base to $550 million, (ii) requirean additional borrowing base redetermination on or about December 1, 2022, (iii)modify the permitted dividends and distributions conditions such that minimumavailability under the credit facility must be 25% percent (as opposed to 30%before giving effect to the Credit Agreement Amendment) and (iv) appoint the NewAgent as the replacement administrative agent to replace the Existing Agent.

In addition, in connection with the Credit Agreement Amendment, to the extentthe Company incurs any additional specified unsecured senior, seniorsubordinated or subordinated future indebtedness between the Fifth AmendmentEffective Date and June 30, 2023, the Company's obligation to reduce theborrowing base by an amount equal to 25% of the principal amount of suchadditional future indebtedness shall be waived. In connection with the CreditAgreement Amendment, the lenders waived two technical events of default existingwith the Credit Agreement, as it existed prior to giving effect to the CreditAgreement Amendment, related to entering into and maintaining certain minimumhedges as of the fiscal quarters ending June 30, 2022 and September 30, 2022 andcomplying with the required current ratio as of the fiscal quarter endingSeptember 30, 2022.

The foregoing description of the Credit Agreement Amendment is qualified in itsentirety by reference to the Credit Agreement Amendment, a copy of which isattached hereto as Exhibit 10.1 and is incorporated by reference.

Item 2.03 Creation of a Direct Financial

The information set forth under Item 1.01 above is hereby incorporated into thisItem 2.03 by reference.

Item 7.01 Regulation FD Disclosure.

The Company issued a press release on October 18, 2022 announcing that onOctober 18, 2022 it had entered into the Credit Agreement Amendment. A copy ofthe press release is included as Exhibit 99.4 hereto and incorporated byreference.

The information furnished pursuant to this Item 7.01 shall not be deemed to be"filed" for purposes of Section 18 of the Securities Act and will not beincorporated by reference into any filing under the Securities Act, unlessspecifically identified therein as being incorporated therein by reference.

Item 9.01 Financial Statements and Exhibits.

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Eugenics: Its Origin and Development (1883 – Present)

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Francis Galton (pictured), Charles Darwins cousin, derived the term eugenics from the Greek word eugenes, meaning good in birth or good in stock. Galton first used the term in an 1883 book, Inquiries into Human Fertility and Its Development. Francis Galton (pictured), Charles Darwins cousin, derived the term eugenics from the Greek word eugenes, meaning good in birth or good in stock. Galton first used the term in an 1883 book, Inquiries into Human Fertility and Its Development.

We greatly want a brief word to express the science of improving stock, which is by no means confined to questions of judicious mating, but which, especially in the case of man, takes cognizance of all influences that tend in however remote a degree to give to the more suitable races or strains of blood a better chance of prevailing speedily over the less suitable than they otherwise would have had. The word eugenics would sufficiently express the idea.

Galton believed that eugenics could control human evolution and development. In his writings, he argued that abstract social traits, such as intelligence, were a result of heredity. In his book, he claimed that only higher races could be successful. Galtons writings reflected prejudiced notions about race, class, gender and the overwhelming power of heredity.

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Eugenics: Its Origin and Development (1883 - Present)

Eugenics – HISTORY

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Eugenics is the practice or advocacyof improving the human species by selectively mating people with specific desirable hereditary traits. It aims to reduce human suffering by breeding out disease, disabilities and so-called undesirable characteristics from the human population. Early supporters of eugenics believed people inherited mental illness, criminal tendencies and even poverty, and that these conditions could be bred out of the gene pool.

Historically, eugenics encouraged people of so-called healthy, superior stock to reproduce and discouraged reproduction of the mentally challenged or anyone who fell outside the social norm. Eugenics was popular in America during much of the first half of the twentieth century, yet it earned its negative association mainly from Adolf Hitlers obsessive attempts to create a superior Aryan race.

Modern eugenics, more often called human genetic engineering, has come a long wayscientifically and ethicallyand offers hope for treating many devastating genetic illnesses. Even so, it remains controversial.

Eugenics literally means good creation. The ancient Greek philosopher Plato may have been the first person to promote the idea, although the term eugenics didnt come on the scene until British scholar Sir Francis Galton coined it in 1883 in his book, Inquiries into Human Faculty and Its Development.

In one of Platos best-known literary works, The Republic, he wrote about creating a superior society by procreating high-class people together and discouraging coupling between the lower classes. He also suggested a variety of mating rules to help create an optimal society.

For instance, men should only have relations with a woman when arranged by their ruler, and incestuous relationships between parents and children were forbidden but not between brother and sister. While Platos ideas may be considered a form of ancient eugenics, he received little credit from Galton.

In the late 19th century, Galtonwhose cousin was Charles Darwinhoped to better humankind through the propagation of the British elite. His plan never really took hold in his own country, but in America it was more widely embraced.

Eugenics made its first official appearance in American history through marriage laws. In 1896, Connecticut made it illegal for people with epilepsy or who were feeble-minded to marry. In 1903, the American Breeders Association was created to study eugenics.

John Harvey Kellogg, of Kellogg cereal fame, organized the Race Betterment Foundation in 1911 and established a pedigree registry. The foundation hosted national conferences on eugenics in 1914, 1915 and 1928.

As the concept of eugenics took hold, prominent citizens, scientists and socialists championed the cause and established the Eugenics Record Office. The office tracked families and their genetic traits, claiming most people considered unfit were immigrants, minorities or poor.

The Eugenics Record Office also maintained there was clear evidence that supposed negative family traits were caused by bad genes, not racism, economics or the social views of the time.

Eugenics in America took a dark turn in the early 20th century, led by California. From 1909 to 1979, around 20,000 sterilizations occurred in California state mental institutions under the guise of protecting society from the offspring of people with mental illness.

Many sterilizations were forced and performed on minorities. Thirty-three states would eventually allow involuntary sterilization in whomever lawmakers deemed unworthy to procreate.

In 1927, the U.S. Supreme Court ruled that forced sterilization of the handicapped does not violate the U.S. Constitution. In the words of Supreme Court Justice Oliver Wendall Holmes, three generations of imbeciles are enough. In 1942, the ruling was overturned, but not before thousands of people underwent the procedure.

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In the 1930s, the governor of Puerto Rico, Menendez Ramos, implemented sterilization programs for Puerto Rican women. Ramos claimed the action was needed to battle rampant poverty and economic strife; however, it may have also been a way to prevent the so-called superior Aryan gene pool from becoming tainted with Latino blood.

According to a 1976 Government Accountability Office investigation, between 25 and 50 percent of Native Americans were sterilized between 1970 and 1976. Its thought some sterilizations happened without consent during other surgical procedures such as an appendectomy.

In some cases, health care for living children was denied unless their mothers agreed to sterilization.

As horrific as forced sterilization in America was, nothing compared to Adolf Hitlers eugenic experiments leading up to and during World War II. And Hitler didnt come up with the concept of a superior Aryan race all on his own. In fact, he referred to American eugenics in his 1934 book, Mein Kampf.

In Mein Kampf, Hitler declares non-Aryan races such as Jews and gypsies as inferior. He believed Germans should do everything possible, including genocide, to make sure their gene pool stayed pure. And in 1933, the Nazis created the Law for the Prevention of Hereditarily Diseased Offspring which resulted in thousands of forced sterilizations.

By 1940, Hitlers master-race mania took a terrible turn as hundreds of thousands of Germans with mental or physical disabilities were euthanized by gas or lethal injection.

During World War II, concentration camp prisoners endured horrific medical tests under the guise of helping Hitler create the perfect race. Josef Mengele, an SS doctor at Auschwitz, oversaw many experiments on both adult and child twins.

He used chemical eyedrops to try and create blue eyes, injected prisoners with devastating diseases and performed surgery without anesthesia. Many of his patients died or suffered permanent disability, and his gruesome experiments earned him the nickname, Angel of Death.

In all, its estimated eleven million people died during the Holocaust, most of them because they didnt fit Hitlers definition of a superior race.

Thanks to the unspeakable atrocities of Hitler and the Nazis, eugenics lost momentum in after World War II, although forced sterilizations still happened. But as medical technology advanced, a new form of eugenics came on the scene.

Modern eugenics, better known as human genetic engineering, changes or removes genes to prevent disease, cure disease or improve your body in some significant way. The potential health benefits of human gene therapy are staggering since many devastating or life-threatening illnesses could be cured.

But modern genetic engineering also comes with a potential cost. As technology advances, people could routinely weed-out what they consider undesirable traits in their offspring. Genetic testing already allows parents to identify some diseases in their child in utero which may cause them to terminate the pregnancy.

This is controversial since what exactly constitutes negative traits is open to interpretation, and many people feel that all humans have the right to be born regardless of disease, or that the laws of nature shouldnt be tampered with.

Much of Americas historical eugenics efforts such as forced sterilizations have gone unpunished, although some states offered reparations to victims or their survivors. For the most part, though, its a largely unknown stain on Americas history. And no amount of money can ever repair the devastation of Hitlers eugenics programs.

As scientists embark on a new eugenics frontier, past failings can serve as a warning to approach modern genetic research with care and compassion.

American Breeders Association. University of Missouri.Charles Davenport and the Eugenics Record Office. University of Missouri.Forced Sterilization of Native Americans: Late Twentieth Century Physician Cooperation with National Eugenic Policies. The Center for Bioethics & Human Dignity.Greek Theories on Eugenics. Journal of Medical Ethics.Josef Mengele. Holocaust Encyclopedia.Latina Women: Forced Sterilization. University of Michigan.Modern Eugenics: Building a Better Person? Helix.Nazi Medical Experiments. Holocaust Encyclopedia.Plato. Stanford Encyclopedia of Philosophy.Unwanted Sterilization and Eugenics Programs in the United States. PBS.

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Eugenics - HISTORY

150000 Black Women Were Forced Into the Eugenics Program – History of Yesterday

ince the start of eugenics in the 19th century, it has been one of the most debated ideologies within modern history, at least from an ethical perspective. The idea of human sterilization was invented by British explorerFrancis Galton who was inspired by Charles Darwins theory of natural selection. Due to the rise of hereditary diseases, natural selection in his eyes seemed like the best medical practice in combating these diseases and a way to remove these diseases for future generations.

During the same period of time, people around the world started to combat racism and fight for human equality as one racial prejudice seen among minorities was the higher chance of diseases or hereditary diseases being spread although medicine within the 19th century didnt permit an accurate check of hereditary diseases within ones organism.

The world of medicine (especially western) has its own section of racial prejudice where it seems to treat patients of different color differently, as if they are a totally different species, presenting (in the eyes of the western doctors at the time) more vulnerability towards hereditary diseases whilst having a higher resilience to pain, as presented in some of my works: The Myth of Black People Not Feeling Pain Is Still Believed to This Day

The biggest efforts for the eugenics program took place in America and mostly pointed toward African American and Hispanic citizens as well as mainly towards the female population. In my eyes, taking away a womans ability to give birth is pretty much like taking away her femininity and the most beautiful gift that God has given to women.

The 20th century was a long-lasting fight for the African American citizens of the United States as well as other minority groups that were seen as different due to their physical appearance. Racial prejudice and the fight for equality had become the tensest during the 1960s, especially with Martin Luther Kings movement within the United States.

Sterilization within the United States publicity began around the 1910s, and aimed to be applied by all the States of America. Although it was very much supported by the government, this program was very much influenced by racial groups such as theNeo-Malthusianswho believed that the world is overpopulated and that is what will lead to its ecological collapse.

By 1913 many norther states were already allowed by law to perform eugenics sterilization purely based on eugenic motives (avoidance of hereditary diseases).By 1913, many states had or were on their way to having eugenic sterilization laws. (Source: Boston Medical Library)

Within the eugenics program, their idea was that poverty is created due to overpopulation, and since most African Americans at the time were part of the lower class, it should be them to be sterilized above everyone else. The focus was not just on poverty, but on the finest genes and having the finest baby be born. The white population within America really made a big thing out of it by even having contests such as the Fitter Family contest or Better Baby contests.

The idea was not so much focused on creating or having the perfect race, but more like developing and reproducing the perfect white human.

At first, the group focused more on educating people below the poverty line aboutcontraceptives and sexual education. Seeing that it wasnt working, the people within the group being quite powerful, influenced the government towards a eugenics program (amongst many other external influencers).

The population was really easy to influence and indoctrinate with the idea behind the eugenics program, especially with the rise of all diseases and epidemics within the US during the 20th century. Another issue was that the population didnt really understand with exactitude in what conditions hereditary disease can be transmitted. This gave them another reason to become more racially inclined in the late 1940s and approve on an ethical level of the eugenics program when it came to people of a different color.Hereditary Genius 1869 by Francis Galton (Source: The British Library)

People did not care about the history of eugenics, such as the use of eugenics by the Nazis to remove the Jewish population within Germany in the late 1930s, early 1940s, something which also focused on the correlation between eugenics and racism. The idea of human sterilization started by Francis Galton has racism at its pillars, as with the idea of eugenics,he wanted to create the perfect race, this argument is presented by him in his bookHereditary Geniuspublished in 1869.

Since 1933 and up to 1974, between 100,000 and 150,000 black women have taken part within the eugenics program, most of them being forced and threatened by doctors and other racist groups. A small number were actually persuaded to deliberately take part in the program with small incentives or via other persuasive means. This is very much an argued number as many of the women that took part were forced and done off the record.

What is even more interesting is that the eugenics program continued even after forcing people into the eugenics program became illegal within the United States in 1974. This just adds up to the long list of human rights that have been taken from women of color within America, but the main focus should be on how the world was ok with eugenics in the first place.

Forceful sterilizationstill endures today within America, mainly in female prisons. A survey taken in 2011 by the state of California showed thatbetween 1997 and 2010 approximately 1,400 women within California prisons were forcedinto the eugenics program.

Having the ability to give life is the most human ability in my opinion, just like everything in this world has the right to reproduce and retain its legacy, so we should all. Sadly, knowing that forceful eugenics still takes place in some parts of the world and seeing the world wanting to take away a womans ability to give birth just makes me want to lose hope in humanity.

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150000 Black Women Were Forced Into the Eugenics Program - History of Yesterday

SURPLUS The New Inquiry – The New Inquiry

Theproduction of death under capitalism is well understood. Innumerable terms and theoretical formulations exist to define the endpoint of capitals immiseration, the one constant to human life that our political economy is particularly adept at expediting. Social murder is the term used by Engels and his contemporaries. Its deed is murder just as surely as the deed of the single individual; disguised, malicious murder, murder against which none can defend himself, which does not seem what it is, because no man sees the murderer, because the death of the victim seems a natural one, since the offence is more one of omission than of commission. Likewise statistical genocide, or democide. Lauren Berlant called this slow deathmass physical attenuation under global/national regimes of capitalist structural subordination.

The finality of death in the social imaginary as the ultimate conclusion of capitals violence can produce fantasies of a moral or ethical capitalism. This is arguably the dream chased by capitals true believers: with modifications to its systems, we can slow slow death to a crawl, render statistical genocide statistically insignificant. With premature death the imagined enemy of capitals internal narrative of its own beneficence, minor reforms become enshrined as a legible mirage. But the primary sites of violence under capitalism are not those that lead directly to death. They are instead the quotidian forms that situate capitalist belonging; the reproduction of norms socially as well as legally and administratively, abetted by a cynical din of knowledge production that institutionalizes logics of eugenics and austerity.

For this reason, we focus not on how capitalism reproduces death but on how and why capital keeps you alive. We consider what is elsewhere called administrative violence; in the words of Dean Spade, how law structures and reproduces vulnerability. We follow how those marked as vulnerable by administrative violence are not only immiserated, but also become the object of capital accumulation.

Central to this is the figure of the surplus population(s), the necessarily amorphous and indefinable category that is the focus of our project. How the political economy has evolved in the last century to maximize its exploitation of the surplus populationspathologizing with one hand while generating capital with the otheris a process that must be understood by those mobilizing for health justice or health communism, and to begin to imagine a world free of the eugenic philosophy of capitalism. It is toward this understanding that Health Communism begins.

The surplus population was initially defined in economic terms in separate writings by Engels and Marx in response to the moralizing, demographic panics of industrial capitalisms early philosophers, among them Adam Smith and Robert Malthus. (Smith: The demand for men, like that for any other commodity, necessarily regulates the production of men; Malthus: A distinction will in this case occur, between the number of hands which the stock of society could employ, and the number which its territory can maintain.) Both Engels and Marx, in referring to the surplus populations as capitals general reserve army, make clear that their formulation has to do in large part with the population of unemployed people who could otherwise be a part of the labor force. Engels refers to the surplus populations as keep[ing] body and soul together by begging, stealing, streetsweeping. . . It is astonishing in what devices this surplus population takes refuge.

Health, disability, and debility are largely absent from early discourses around the surplus populations that Marx and Engels responded to, except in cases of characteristic pathologizing of the poor. (Malthus again: The labouring poor . . .seem always to live from hand to mouth. Their present wants employ their whole attention, and they seldom think of the future.) Engels and Marx do, however, share concerns for the public health of the surplus population and the disablement wrought by industrial production. Engels The Condition of the Working Class in England can be regarded as an early work of social epidemiology, locating capitals impact on the social determinants of health just as the idea of public health was at its formation. Marx notes of the relationship between health, private sector industrialization, and the state, that

health officers, the industrial inquiry commissioners, the factory inspectors, all repeat, over and over again, that it is both necessary for [factory] workers to have these 500 cubic feet [of space per person], and impossible to impose this rule on capital. They are, in reality, declaring that consumption and the other pulmonary diseases of the workers are conditions necessary to the existence of capital.

A contemporary understanding of what it is to be surplus is necessarily more expansive. Major societal shifts in the late modern period, discussed at length in our chapter LABOR, solidified the worker/surplus binary in public consciousness in part by incorporating a conception of workers health or disability as a central facet in their certification as surplus.

The surplus, or surplus populations, can therefore be defined as a collective of those who fall outside of the normative principles for which state policies are designed, as well as those who are excluded from the attendant entitlements of capital. It is a fluid and uncertifiable population who in fact should not be rigidly defined, for reasons we discuss below. Crucially, this definition also elides traditional left conceptions of the working class or the worker. As we will describe at length throughout Health Communism, the idea that the worker is not a part of the surplus populations, yet faces constant threat of becoming certified as surplus, is one of the central social constructions wielded in support of capitalist hegemony. Similarly, the methods the state employs to certify delineations between surplus populations constitute effective tactics in maintaining this hegemony. An understanding of the intersectional demands of those subjected or excluded by capital constitutes the potential for building solidarity, which is definitionally a threat to capital. An understanding that the marking and biocertification of bodies as non-normative or surplus constitutes a false, socially constructed imposition of negative value is also a threat to capital. An understanding that illness, disability, and debility are driven by the social determinants of health, with capital as the central social determinant, itself constitutes such a threat. We argue therefore that in order to truly mount a challenge to capitalism it is necessary that our political projects have and maintain the surplus at their center.

While the surplus population does contain those who are disabled, impaired, sick, mad, or chronically ill, the characteristic vulnerability of the surplus is not inherent to their existencethat is, it is not any illness, disability, or pathologized characteristic that itself makes the surplus vulnerable. Their vulnerability is instead constructed by the operations of the capitalist state. The precarity of the surplus population is made through what Ruth Wilson Gilmore calls organized abandonment, the deliberate manipulation and disproportionate dispossession of resources from Black, Brown, Indigenous, disabled, and poor communities, rendering them more vulnerable to adverse health.

Understanding the shifting social constructions of surplus under capitalism, and the organization of this organized abandonment, is uniquely illustrative of the imbrication of health and capital. At the time of its initial formulation, surplus populations are largely discussed in the sense of surplus constituting superfluous (another term wielded synonymously for this population at the time) or otherwise irrelevance, waste. We can see this literalized in early American labor benefits: the few national unions that offered a permanent disability benefit paid a sum equal to the meager benefit a workers family would receive on the workers death. A worker becoming disabled thus not only constitutively passed the boundary from worker to surplustheir social value following disablement was, effectively, as good as dead.

This categorization and certification of surplus has become a focal struggle in the history of capitalism, socially reproducing a collective imaginary of who is a worker, who is property, and who is surplusand to what degree of personhood each category is entitled under the scope of law. Those who are deemed to be surplus are rendered excess by the systems of capitalist production and have been consequently framed as a drain or a burden on society. But the surplus population has become an essential component of capitalist society, with many industries built on the maintenance, supervision, surveillance, policing, data extraction, confinement, study, cure, measurement, treatment, extermination, housing, transportation, and care of the surplus. In this way, those discarded as non-valuable life are maintained as a source of extraction and profit for capital.

This rather hypocritical stancethe surplus are at once nothing and everything to capitalismis an essential contradiction Liat Ben-Moshe identifies this characteristic through the intersection of disability and incarceration: Surplus populations are spun into gold. Disability is commodified through [a] matrix of incarceration (prisons, hospitals, nursing homes). Jasbir Puar, in The Right to Maim: Debilitation and the production of disability are in fact biopolitical ends unto themselves . . . Maiming is a source of value extraction from populations that would otherwise be disposable.

Inmuch of the following, we situate our analysis of the social construction of surplus through the lens of disability, as one of the many contingent embodiments of surplus identities. Disability not only operates as one perceived extreme of the worker/surplus binary but is also understood within the capitalist political economy as constituting, or at least including, a state of being irremediably ill or unwell. In this sense, it is a total ideological reduction of the subject into a valuation of what role they are certified as capable to adopt under capitalism. Far from being left as an abstract category, the state, including the constituent social-reproductive apparatuses upholding it, has developed over time an array of tools to certify the exact boundaries of what qualifies an individual as surplus. For the surplus, this regime of biocertification shapes both how the state interacts with them and the boundaries of their participation in social life. In Fantasies of Identification, Ellen Samuels analyzes how certain forms of state assistance, resource allocation, or support are often understood within the popular imaginary as a kind of currency. These benefits are gatekept by abstract bureaucratic systems of eligibility predicated on the verifiability of someones biological state and identity. As such, Samuels argues, the role of biocertification, namely the process of assuring that only legitimate claimants receive this currency-in-kind, is reinscribed with a simulated social banking function, reinforcing the idea that the process of biocertification itself is an efficient means of allocating economic resources. Biocertification is assumed to be a necessary gatekeeping mechanism or checkpoint to prevent the wasting of resources on fakers, cheats, imposters, and malingerers: invoking both a model of scarcity, in which resources must be reserved for those who truly deserve them, and a distrust of self-identification, in which statements of identity are automatically suspect unless and until validated by an outside authority.

The generosity of these currencies-in-kind is often extraordinarily overstated in the social-reproductive imaginary. Cultural perceptions dictate a picture of disability, illness, and marginalization which is not reflective of the material gains that come as a result of being biocertified for social welfare supports like the United States Social Security Disability Insurance (SSDI) or Medicare/Medicaid. This is what Samuels describes as a tendency to commonly perceive these [eligible] identities as lucrative commodities. The boundaries and borders of qualification are guarded by a combined medical-legal authority and rest on the understanding that identities are readily measurable, verifiable, and fixed, ascribing meaning to biological observation and institutions of authority which seek to standardize the line between social citizenship and exclusion.

This constructed preference for standardization and biocertification arises out of the imbrication of health and capital. If the economy of health is to be bled for excess profit, then the fundamentally inefficient process of facilitating our mutual survival must be made to be efficient. The modern welfare state measures and quantifies metrics of individual health against a picture of the individuals economic resources and labor power in order to restrict the administration of aid. To determine eligibility for SSDI in the United States, for example, the Social Security Administration (SSA) uses formulas and charts to transform bodily conditions into percentages of ability. Physical conditions of the body and its organs are clinically evaluated to determine their relative distance or deviance from an abstract ideal normal body (worker). To the SSA, all impairments, symptoms, circumstances, and conditions are of equal value and attention; all health is equally neutral. This is because the severity of illness, impairment, or disability is not actually the metric the SSA uses to determine eligibility. The crucial axis is instead the individuals relationship to work. What emerges from these phenomena is a shadow biocertification regime that hides in plain sight as a means test to ward off would-be waste, fraud, and abuse. Labor power is equated to bodily state, and health is measured through this contradictory lens.

To the SSA, illness is only relevant in relation to whether and to what degree it impacts a persons capacity to work. As Rosemarie Garland Thompson argues, this presumes that ill-health, disability, and impairment are located only in the body and not also in the broader social, political, and geographical context that comprises the individuals social determinants of health. Impairments and disabilities are reduced to numbers on a page: On one scale, for example, limb amputation translates as a 70% reduction in ability to work, while amputation of the little finger at the distal joint reduces the capacity for labor by a single percentage point. Garland Thompsons critique of the disability eligibility schema in the US questions the ability of the state to meaningfully measure such complex and dynamic situations as a persons health and worth using a precise mathematical relation. Labor power, social and material conditions, and bodily states are collapsed into a single metric, measuring all health along a continuum of relative currency.

The ideological framing of wage work as a mitigating factor in an individuals eligibility for health and welfare benefits attempts to map economic valuations of life onto regimes of biocertification, as is readily evident in SSDI determinations. Social Security disability eligibility is a legal process of decertifying a body for work, not the certification of a body for any type of qualifying disability or impairment demonstrating need for care and additional social supports. These notions have become replicated in social security and social insurance programs internationally. Countless states limit or adjust their benefits dependent on the amount of productive labor the individual has already participated in during their life. This has become particularly prevalent alongside the spread of social insurance privatization schemes by international financial firms, as discussed at length in BORDER.

The authority of medical opinion is widely used as a means to measure the truth of a bodys impairment and certify to the states satisfaction that the benefit applicant is truly biologically incapable for work, through no fault of their own. This arguably subjective perspective of medical authority is treated as if it is a visible and clearly quantifiable fact. The state relies upon the signifier of medical authority as a means of depersonalizing and depoliticizing the biocertifi cation process writ large. Relying on claimed scientific or medical frameworks, biocertification schemes seek to identify and sort bodies, placing each within the context of their correct category, which is reflective of the intersections of their race, gender, citizenship, wealth, or ability, as a means of validating the social truth of a persons identity. This framework assumes that a persons biological identity can in fact be scientifically measured, rendering their ultimate categorization or eligibility as if depoliticizeda procedural, objective, binary decision. An individuals material conditions or identity cannot be understood as in any way fluid or abstract under this biocertification preference. Existing outside of certification means categoric exclusion.

Biocertification regimes assume that validating characteristics are readily obvious or apparent, falling squarely in the category of common sense generalizations, meaningful or not, about various observed metrics. Despite little scientific basis, strategies of biocertification are treated as fact and reinscribed through law and policy, leveraging medical authority to consolidate the power of the state to determine life chanceswho lives and who dies. Importantly, none of this is to say that states of being, conditions, ailments, and so on do not exist. Far from it. Instead, it is to say that the intersection of those conditions of healthor simply of being, of states of existencehave become of signifi cant use to capital in its demarcation of ontological boundaries within society and the resulting distribution of resources. Resisting biocertification does not mean resisting diagnosis or identification. It means resisting the leveraging of these certifications by capital and the state.

***

Health Communism by Beatrice Adler-Bolton and Artie Vierkant is now available from Verso.

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SURPLUS The New Inquiry - The New Inquiry

A Desire to Cure, Not to Punish: Women Physicians and Eugenics in the American West, 19001930 by Jacqueline D. Antonovich – Smith College Grcourt Gate

Thursday, October 13, 5p.m., Graham Hall, Brown Fine Arts Center

Jacqueline D. Antonovich is Assistant Professor of History at Muhlenberg College. Professor Antonovich is a historian of health and medicine in the United States, with particular interests in how race, genderand politics shape the medical field and access to health care. Professor Antonovich also founded Nursing Clio, a public-facing academic blog that explores intersections of medicines history (and present) and identity, especially race and gender.

Between 1900 and 1930, efforts to curb abortion, restrict contraceptionand promote eugenics dominated public and legal discourse on marriage, pregnancyand childbirth in the United States. This talk examines the role of women physicians in driving discourse, circulating ideasand setting policy agendas on reproductive surveillance and restrictions during this period. Through two case studies, we will explore how women physicians became an effective force for bringing eugenics to the massesbecoming the middleman between scientist and mother, researcher and reformer.

Antonovichs lecture is in conjunction with the Kahn Institute yearlong project Health and Medicine, Culture and Society: Crossroads in a Liberal Arts Education.

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A Desire to Cure, Not to Punish: Women Physicians and Eugenics in the American West, 19001930 by Jacqueline D. Antonovich - Smith College Grcourt Gate

Silence will not protect our democracy – The Oxford Eagle – Oxford Eagle

Published 8:00 am Sunday, October 16, 2022

By Jeff Justice

January 1933, the month and year of my birth, witnessed the inauguration of Franklin Delano Roosevelt, a man of privilege who brought us out of a depression through social programs and an understanding of the needs of the American people. At the same time, in Europe, Adolf Hitler was appointed Chancellor of Germany. There were many good people who remained silent during his rise to power as their neighbors were taken in by Hitlers rhetoric and lies. Responding to a fire of questionable origin in the Reichstag, within four weeks he had instituted the Reich Fire Policies and later an Enabling Act, assuring that he would have the power to make and enforce laws without the involvement of the Reichstag, thus bypassing the system of checks and balances. This ultimately led to the loss of individual rights and since the German people were constantly bombarded with lies about the Jewish people, the superiority of Aryans and because too many remained silent, there was tacit acceptance of immoral policies: Kristallnacht, Eugenics and the Holocaust.

There are disturbing parallels in our current political environment. I think the persistent racial and religious rumors surrounding our first black president and echoed by Donald Trump (Obama is a Muslim and was born in Africa) have been accepted by a surprisingly large number of Americans whose judgment has been clouded and confused by politicians more interested in their personal agendas than in the well-being of our democracy.

Why have so many Americans accepted Trumps lie that his election was stolen despite physical evidence that proves otherwise? Through his rhetoric and actions, he has condoned and encouraged, violence to the end of saving the country from an illegal presidency and from an invasion of aliens and the scourge of replacement of the white race.

Just as German citizens remained silent in the 1930s, many Americans, nearly 100 years later, remain silent when neighbors, friends, and family seem to accept lies concerning the 2020 election and the insurrection of January 6. Unfortunately, silence will not protect our constitutional democracy and should no longer be an option in our Reichstag moment. There should be no shame assigned to the many people who voted for Trump in the 2016 or 2020 election and, as with Bush v Gore, no one should be blamed for demanding a recount, but once that had been accomplished and the result was in, the candidate and his supporters should have accepted the result and participated in the constitutionally mandated peaceful transfer of power. Otherwise, our democracy will be lost.

Jeff Justice

Oxford

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Silence will not protect our democracy - The Oxford Eagle - Oxford Eagle

Hope Dies Last: A tte–tte with Alan Weisman – The Business Standard

"The imaginative power of 'The World Without Us' is compulsive and nearly hypnotic - make sure you have time to be kidnapped into Alan Weisman's alternative world before you sit down with the book because you will not soon return. This is a text that has a chance to change people, and so make a real difference for the planet," wrote award-winning author Charles Wohlforth in a review of the New York Times bestseller 'The World Without Us' by Alan Weisman.

Alan Weisman, the journalist, author of six books, and a professor of journalism, recently visited Bangladesh.

Although not 'kidnapped,' we were indeed captivated by the writer's lifetime of experience and wisdom when Weisman sat down in an interview with The Business Standard.

We managed 'to return' to produce an abridged version of the interview with Weisman.

What brought you to Bangladesh?

I am working on a book with kind of a vast topic, which is what are humanity's best and most realistic hopes for getting through this very difficult century that we have.

I am looking at energy issues, food production, and how to preserve nature in the teeth of a major extinction event.

I am particularly looking at individuals who, despite the long odds and despite what they know about the change in climate, or other problems - problems with their governments or political problems - are still determined to find us a way to the future.

I have been doing this in several different countries. I started my research in Colombia and I was in Honduras, in Mexico along the Mesoamerican reef which is the longest coral reef in the world outside of the Great Barrier Reef in Australia.

I was looking at the reef system; I was with scientists and local coastal managers looking at how to protect the coast from climate change by using reefs and dunes and mangroves - things like that.

I have also been to Spain, I have been to the Netherlands. I went to the latter because New York City was talking to Dutch consultants on how to protect the city from rising sea levels using barriers. The same thing is happening in Miami, in New Orleans, in Jakarta and Manila, [and] places all over the world including Bangladesh.

And that was interesting to me because like Bangladesh, the Netherlands is kind of the drain of Europe- the two major rivers the Meuse and the Rhine enter the sea there. The Netherlands, for 800 years, have devised water policies to keep from drowning but how would that translate to a country four times bigger with much more powerful rivers - the Brahmaputra and the Padma and the Meghna? Could Bangladesh afford it? How would it work?

But other things had also occurred to me about Bangladesh that were very important for my book. One was biodiversity in the Sundarbans -the most important mangrove forest in the world and one of the most important tiger reserves in the world.

I had also done some research for my book on jaguars in the Americas so looking at tigers was like a very nice compliment. And then the decision to build a coal-fired plant in Rampal, right at the edge of the Sundarbans!

So those were the three reasons that I wanted to come to Bangladesh: the Bangladesh Delta Plan 2100, the Sundarbans, and to see why coal is still being burnt here while the rest of the world is turning away from it or at least was before Russia invaded Ukraine.

Is this new book a sequel to your last book, 'Countdown: Our last, best hope for a future on earth?'

Some people have said that. 'Countdown' was about how our species would suddenly quadruple in a single century, which never happened before for any large species, and what position that would leave us in.

Many people have asked me if I think that overpopulation is the biggest environmental problem and my reply is, well, if there were not so many people would we even have environmental problems?

Then in my previous book 'The world without us', which was kind of a backward way of looking at the environment, I tricked people into reading an environmental book because people are always scared that oh these books are so grim and scary and they say well we are all gonna die anyway, so I just killed everybody right off in the beginning and they (readers) did not have to worry about that anymore and everybody loves to look at the future, so that is what the book was about- a future without us.

My hope was, and I think it worked, that people were just fascinated by how quickly nature would recover things and how quickly it would break down our infrastructure.

What I really hoped was that readers would say oh, that is such a beautiful world now! Is there some way we could still have that world and also keep human beings as part of it so we could live in harmony with nature instead of in what I call Mortal Kombat with nature?

Someone I had an interview with thought that we should just stop having babies and let the human race die off in 100 years because now we are making such a mess of things that if we just let ourselves gradually vanish over a century then at least we would not be bringing all these other species down with us.

So, knowing that I wrote the book because I do want a world with us and not without us, I had to find out how many babies we are producing now; and then I found out that the numbers are astonishing - we add about one million people every four days and that is clearly not sustainable.

But that caused me to write 'Countdown'. And so many people have said that the current book I am working on - which is going to be called 'Hope dies last' - is kind of the last one of a trilogy.

When anyone talks about family planning in the context of population control, the first thing that may come to their mind is eugenics. This kind of discourses have been used to oppress working class and low caste women all around the world. So is there a way to do population control without it being used to justify eugenics and oppression of women?

First of all, the phrase population control has turned out to be a very uncomfortable phrase because this sounds like controlling women and women do not want it. The very first big applied eugenics was not an experiment, it was a programme done by the United States on the island of Puerto Rico.

It was in the 1930s when the population was starting to explode. The United States has shamefully treated Puerto Rico like a colony. There, women would go into the clinic sometimes because they were sick, they had the flu, [and] they would come out with a tubal ligation. They had no idea this was gonna happen. It was a shameful process.

The next big one was in India during the 1970s.About seven to eight million women were forcibly sterilised there. About the same number of men were also forcibly vasectomised.

It was terrible and it happened at the same time that the feminist movement was growing in the world so anything having to do with population control became a way of men controlling women's bodies and they were violently opposed to it.

Then in 1980, China's one child policy came in and there was more forced sterilisation and forced abortion there. And I wrote about this in 'Countdown' and it was a very surprising chapter to particularly readers in my country: the solution, to answer to your question, came from a Muslim country.

During the Iraq-Iran war, NATO was supplying armaments and even the raw materials for nerve gas to the Iraqis. All Iran had were (dead) bodies, so Ayatollah Khomeini issued a fatwa asking every fertile woman in Iran to do her patriotic duty and get pregnant to produce a 20 million person army to fight the invaders. And so the fertility rate in Iran was at one point probably the highest in human history.

But at the end of the war, the economist who was the head of the budget went to the Ayatollah and said all these children who were born during the war, they are gonna grow up in the next 10 to 15 years and they were not going to be able to employ all of them.

(The new) Ayatollah issued a fatwa saying there is nothing in the Quran that prohibits having a tubal ligation or a vasectomy if you have the number of children you believe you can responsibly care for.

They left the decision to everybody but the only thing that was obligatory was premarital classes where if you are getting married, you have to go to either the mosque or a clinic and learn, among other things, how much it costs to raise, feed, and clothe a child.

A lot of people got the message that way. They also made contraception - everything from condoms to operations - free and accessible throughout the country. And they did not call it population control, they called it family planning.

Leaving the decision to women is empowering, that is not eugenics. Giving women reproductive rights, that is the way to go.

Is the solution you envision for climate change compatible with capitalism, that is, with the relentless pursuit for profit that animates multinational corporations and monopolies?

Two things got us into the trouble that we are at. One is overpopulation, which happened for two main reasons: 1. modern medicine reduced infant mortality and 2. the average lifespan of human beings is almost double of what it was before the smallpox vaccine started all these medical improvements.

But much more important than that was we learned how to produce much more food than nature ever could by force feeding cultivation with chemical and nitrate synthetic nitrogen fertiliser.

This fertiliser also produces a lot of problems: greenhouse gases when it is made because it is very energy intensive, and then when it breaks down it produces nitrous oxide, which, after methane, is the third most powerful greenhouse gas.

Secondly, big population has been a boon to capitalism because it meant more consumers, and companies got richer. The other reason that capitalism thrives on big populations is that the more people there are the cheaper labour is.

This is why we hear economists say that it is dangerous to have family planning programmes. One of the excesses of capitalism is now the very top one-tenth of 1% has most of the money in the world and that is wrong.

Businesses got us into this trouble, partly, along with the population, and now we need businesses' help to get us out of this trouble. It is really important that businesses become convinced that they can make money doing things to help the climate.

Reading your book, 'Countdown' feels like having a world tour. You surely travelled dozens of countries before writing that one. How long does it take for you to write a book?

Yes, I visited 21 countries. I started the research for 'Countdown' in 2009 and the book came out in 2013. I was so exhausted after that. This one was supposed to come out in 2022, but because of the pandemic it will come out in 2024. I am probably seeing nine countries and several places in the US for this book. I wish I could see the whole world.

I started working intensely on 'The World Without Us' at the end of 2004, and it came out in 2007. I brought into it some reporting I had done before. So, sometimes I think that the research for these books has taken all my career because everything that I have learned I bring into them.

What have you seen in Bangladesh apart from the Sundarbans?

I went to Kutubdia Island, which was damaged terribly during the 1991 cyclone. Then I went to a climate refugee camp on the mainland where thousands of people were taken. It is arguably the first climate refugee camp on earth and it is here in Bangladesh.

I went to one of the Rohingya refugee camps. There I spoke to a solar energy company, which is an interest of mine coupled with the coal fired power plants.

Bangladesh at one point was the fastest growing solar development in the world, but things have shifted. There are solar panels everywhere, you see them in Dhaka but they are not connected to the grid in most cases. They are there because there is some building code that requires solar panels (on the roof).

My country does really stupid things all the time so I am not singling Bangladesh out as being stupid.You have got the infrastructure in place; please connect up those panels to the grid right now. It will ease a lot of this load sharing, if not all of it, and the smell and noise from diesel will cease.

You surely have been reading Bangladeshi newspapers. As a journalist, do you have any observations on the country's media industry?

Yes, I have been reading the English language newspapers. I think you guys have been very careful to report well without *[upsetting] the government. Every country that self-sensors, for instance the Israelis, are famous for this: they find ways to insert the truth.

When you are reading, it has got double meaning: you know you are reading this but an astute reader will really know that oh, so this is what is going on.

I am sorry that you have to be careful with your government. But now that journalism is under stress, we need journalists more than ever.

So what is our 'last best hope for a future on earth'?

As I said, the future is uncertain. The climate- it is already warmer, there is already more carbon dioxide than there has been in the atmosphere since over three million years ago.

But there are great minds everywhere in the world. Use those minds and if we do our best and our smartest then maybe humanity can find a way to coexist with the warmer world that we are certain to have.

The most important thing we can do now is to stop accelerating that warming. Turn this around before this really gets out of control.

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Hope Dies Last: A tte--tte with Alan Weisman - The Business Standard

20 million black babies have been aborted since Roe v. Wade. Where is the equity in that? – Washington Examiner

Democrats love to talk about abortion and systemic racism, just not in the same conversation.

The National Right to Life Center estimates that by the end of 2021, 63.5 million abortions had been performed in the United States since the Supreme Courts 1973 Roe v. Wade decision. Nearly 40% of women who seek abortions are African American, which is astounding, considering this demographic made up just 13.6% of the population at the time of the 2020 census. This likely means that over 20 million black babies have been aborted during the past 50 years.

20 million equates to 6% of the total U.S. population. Its also approximately 45% of the current black American population of 45 million. And, had these children been born, blacks would represent about 20% of the total population. Clearly, abortion has had an enormous effect on blacks in America.

THE FIVE STATES THAT WILL HAVE ABORTION MEASURES ON THE BALLOT IN NOVEMBER

In August 2019, then-New York Times Executive Editor Dean Baquet assembled his troops to introduce the controversial 1619 Project, their deliberate attempt to "reframe Americas history, understanding 1619 as our true founding, and placing the consequences of slavery and the contributions of black Americans at the very center of the story we tell ourselves about who we are."

The editors of the "paper of record" had decided that systemic racism should become the central issue in the upcoming presidential campaign. Baquet told his staff, "Race in the next year and I think, to be frank, what I hope you come away from this discussion with race in the next year is going to be a huge part of the American story."

Following George Floyds death in May 2020, systemic racism exploded into the national debate. Suddenly, every institution, the U.S. justice system, our history, our Founding Fathers, and of course, every Republican, was declared racist. Woke corporations forced employees to attend diversity training sessions to learn how to be "less white." And demands for equity became ubiquitous.

Planned Parenthood was also forced to recognize its own racist roots. The group admitted that Margaret Sanger, the organizations founder, was a racist with "harmful connections to the eugenics movement." Sanger established a predecessor organization, "The Negro Project," in 1939. In turn, Planned Parenthood removed Sangers name from its Manhattan health clinic and renamed nearby "Margaret Sanger Square." In a later, more formal declaration that it called "a reckoning," Planned Parenthood acknowledged that Sanger was a white supremacist. The group also confirmed that Sanger delivered a speech to "a womens auxiliary branch of the Ku Klux Klan in Silver Lake, New Jersey, in 1926."

The statement said Sanger "believed in eugenics an inherently racist and ableist ideology that labeled certain people unfit to have children." It added that Sangers actions had "undermined reproductive freedom and caused irreparable damage to the health and lives of generations of Black people, Latino people, Indigenous people, immigrants, people with disabilities, people with low incomes, and many others."

The racial disparities between abortion rates for black and white women in America cannot be denied. In his concurrence in the 2019 abortion case Box v. Planned Parenthood of Indiana and Kentucky, Justice Clarence Thomas wrote: "There are areas of New York City in which black children are more likely to be aborted than they are to be born alive and are up to eight times more likely to be aborted than white children in the same area." Unfortunately, renaming a clinic in New York City and disavowing the organizations founder are woefully insufficient to compensate for the evils put in motion by this repellent woman and perpetuated by her successors.

So, yes, lets talk about abortion and systemic racism in the same conversation.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Elizabeth Stauffer is a contributor tothe Washington Examiner andthe Western Journal.Her articles have appeared atMSN,RedState,Newsmax, theFederalist, andRealClearPolitics. Follow her onTwitterorLinkedIn.

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20 million black babies have been aborted since Roe v. Wade. Where is the equity in that? - Washington Examiner

An overdue renaming of the Vassal Lane school wins approval, with process to end by summer – Cambridge Day

The Vassal Lane Upper School, temporarily in East Cambridge, should have a new name by the time it reopens in West Cambridge. (Photo: Marc Levy)

A second Cambridge public school is on track for a name change to avoid honoring a racist.

The School Committee agreed unanimously Tuesday to find a new name for the Vassal Lane Upper School before the end of this academic year, asking the district to propose how by Dec. 31.

The citys four upper schools are all identified by the names of their street addresses, but that means the Vassal Lane Upper School by extension honors John Vassal, whose family enslaved hundreds in the Jamaican sugar industry. The family were Loyalists during the American Revolution who fled Cambridge for Boston in 1774, then moved to Canada.

Theres an early front-runner for replacing the name of John Vassal, and one in which some committee members found some satisfaction: Darby Vassal.

Darby Vassal was once enslaved by John Vassal but by the time of his death in 1782, had become an activist with religious, political and economic societies of the time, according to the History Cambridge organization. An art installation up through Nov. 6 at Christ Church, Cambridge, in Harvard Square, tells his story and reveals his tomb under the church, with the Vassal family.

We very easily could name the school tonight. We have lots of ideas of who we want to honor, said vice chair Rachel Weinstein, who wrote the motion for the renaming. But we want this to be an inclusive process.

Precedent from 2002

This will not be the first time a Cambridge school is renamed to avoid the stain of racism. The Maria L. Baldwin School was known as the Agassiz School from 1874 until 2002, but that name was associated with Louis Agassiz, a Harvard scholar who promoted eugenics. (The school is in the Baldwin neighborhood, which was renamed from the Agassiz neighborhood in August 2021.)

The call to change the name of the Vassal Lane Upper School came from students and it was students who led the work for the Baldwin name changes, noted Carolyn Turk, the districts deputy superintendent. In each process, there were students who did a tremendous amount of research, yet in each case they knew this was something the community needed to be a part of, Turk said.

Still, superintendent Victoria Greer said those who attend the school or did attend it which includes children of Weinstein and fellow committee member David Weinstein (no relation) should have a strong voice in deciding the change. Greer said her process would turn first to Vassall students, staff and faculty; principal Daniel Coplon-Newfield has begun work, she said.

Black, indigenous and other

Rachel Weinsteins motion asks that the name change honors a Black Cantabrigian or multiple local Black leaders who contributed to the advancement of equitable education, civil rights and the community, leading member JosLuis Rojas Villarreal to ask if the order couldnt be broadened to include consideration of indigenous peoples such as those of local interest highlighted by the work of History Cambridge.

There was resistance from Weinstein and others. For this particular school, it seems most appropriate to face the history of enslavement right here in Cambridge and speak to it and do some healing. It would feel like a slight not not to acknowledge the black history tied to the Vassal name, she said. You make a good point about in general about recognizing the diversity of our student population and ensuring that all students see themselves reflected we have three other upper schools that are also named after the streets theyre located on.

There should at least be a stated intent to consider indigenous peoples and other minorities in the renamings, Rojas said drawing a suggestion from Mayor Sumbul Siddiqui to submit a motion calling for that instead of amending the Tuesday order.

Siddiqui agreed it made sense to overwrite the Vassal Lane name with a name that honored black residents, and student committee member Adelina Escamilla-Salomon agreed there was extreme value in renaming the school to honor a black person where young people would be going and learning its history. I do see the value in what member Rojas was saying.

A change for the street named after John Vassal is likely to be proposed as well. A City Council policy order adopted in June 2019 called for review of monuments, memorials and markers throughout the city to see which honored people linked to the slave trade or engaged in other similarly shameful acts and due for a rethinking.

There are a lot of things that need be renamed, Siddiqui said, promising recommendations in the next one to three years.

Long overdue

The Vassal Lane Upper Schools in fact, all of the upper schools are long overdue for it. They were created as part of an Innovation Agenda approved by the committee in March 2011, and then-superintendent Jeff Young told city councillors at a June 2012 budget hearing that the renaming process for each would begin that fall, possibly through contests.

The street names were meant to be placeholders, Young said. We looked at it as the one element of the Innovation Agenda that would not be controversial.

Two of the four schools have even been through elaborate and expensive campus reconstructions without getting new names. Vassal Lanes campus in West Cambridge, shared with the Tobin Montessori School, is undergoing a $299 million renovation now, during which the upper school has relocated to 158 Spring St., East Cambridge. The schools expected reopening is in the fall of 2025.

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An overdue renaming of the Vassal Lane school wins approval, with process to end by summer - Cambridge Day