| ◼ Might we suggest carrier pigeons?
◼ Having apparently run out of Supreme Court justices to attempt to drive from public life, the left-wing nonprofit journalistic outfit ProPublica has directed its attention to sullying one of their most notable achievements: the Dobbs decision, which returned the power to regulate abortion to the people and to the states. Georgia now has a heartbeat law, which outlaws abortion once a fetus has a detectable heartbeat (with exceptions for rape, incest, and maternal health). A recent ProPublica article blamed the law for the deaths of two women who had taken chemical-abortion drugs (whose riskiness goes unremarked upon). The drugs killed the children but failed to expel all of their remains. One woman unsuccessfully sought treatment in a hospital, and the other feared it—both, supposedly, results of the law. But as our former colleague Isaac Schorr pointed out at Mediaite, the law does not forbid the surgical removal of an already dead child. No reasonable person who read the plain text of the law would think otherwise, which may be why ProPublica did not include the relevant portion. Even the argument that the doctors’ uncertainty about the law prevented treatment is unsubstantiated. The ProPublica article eventually admits that “it is not clear” why doctors waited to perform the necessary procedure. Laws against abortion haven’t caused any deaths, but ProPublica is doing its part to raise the death toll.
◼ Mark Robinson is the first black lieutenant governor of North Carolina, and the first black nominee of a major party to be the state’s governor. He came up from a difficult family background, worked blue-collar jobs, went bankrupt three times, got his college degree only in 2022, and came late to politics. With that biography, it could be forgiven if he was rough around the edges. But when Republicans nominated him, they knew that his baggage was much worse than that, including an internet paper trail of conspiratorial antisemitism. That has helped his Democratic opponent, state attorney general Josh Stein, build nearly a double-digit lead in the key swing state. Now, on the last day for candidates to drop out, CNN released a nuclear-grade opposition dump on Robinson, drawn from his comments between 2008 and 2012 on a pornographic website message board. These ranged from saying that he enjoyed watching transgender pornography, called himself a “perv” and a “black NAZI!,” to declaring, “Slavery is not bad. Some people need to be slaves. I wish they would bring it (slavery) back. I would certainly buy a few.” Robinson branded the posts a “manufactured” fiction and vowed to stay in the race. But CNN seems to have done its homework — while Trump, who gave Robinson a fulsome endorsement, and the North Carolina GOP plainly did not.
◼ High-profile cases breed turf battles between the federal and state governments. The second assassination attempt against Donald Trump has prosecutors from both the Department of Justice and the state of Florida building cases against Ryan Routh. So far, only the feds have filed charges. They allege not attempted murder but illegal possession of an SKS rifle. (He is a felon, and the gun had an obliterated serial number.) Under the dual-sovereignty doctrine, double jeopardy does not forbid separate prosecutions by the federal and state governments for the same crime. Both the feds and Florida have vital interests at stake—public safety, including that of candidates for high office—and both have applicable attempted-murder statutes that carry potential sentences of life imprisonment. The issue is not which government should proceed to the other’s exclusion but rather which should proceed first. We suspect that will be the feds. That is probably fine, notwithstanding the department’s claim, since late 2022, that Trump’s candidacy against Biden and Harris created a conflict requiring a special counsel for Trump cases. The important thing for ambitious, competitive lawyers to remember is that the object is to prosecute the assailant, not undermine each other.
◼ Ahead of his rally in Nassau County, N.Y., Donald Trump fired off a Truth Social post in which he offhandedly vowed to unravel one of the accomplishments of his presidency: the cap on the deduction for state and local taxes (SALT). Before Trump and Republicans created the $10,000 cap, individuals were able to deduct an unlimited amount of state income taxes and local property taxes from their federal returns. This provided a huge benefit to wealthy individuals in high-tax blue states who could reduce their tax burden. It also provided an incentive for progressive states to spend more money and raise taxes, because they knew that the economic effects as well as the political backlash to those tax increases would be blunted by the deduction. But beyond being bad fiscal policy that fuels bigger government, restoring the deduction is terrible politics for a populist Republican presidential candidate. The states most affected by the SALT deduction are solid-blue ones that will not be competitive, led by California, New York, and New Jersey. If Trump really wanted to adopt a bold and sensible policy with populist appeal, instead of calling for bringing back the SALT deduction, he should be calling for eliminating it altogether.
◼ It is hardly surprising that ABC News moderator David Muir was tougher in fact-checking Donald Trump than Kamala Harris. As for Muir’s mid-debate interjection that, “as you know, the FBI says overall violent crime is coming down in this country”: The FBI crime statistics have had serious gaps in their collection of data in recent years—omitting Miami-Dade County, New York City, and Los Angeles in 2021, and never collecting data from 2,000 (often much smaller) jurisdictions even in the best recent year. Just a few days after the debate, the National Crime Victimization Survey released its figures for 2023. The NCVS is a useful tool, because while the more widely discussed FBI crime figures count only crimes reported to the police, the NCVS surveys around 240,000 Americans about whether they were victims of reported or unreported crime. In 2023, 22.5 out of every 1,000 Americans over age eleven was the victim of a nonfatal violent crime. That is only slightly lower than the 2022 rate of 23.5. A decline of one-tenth of 1 percent is nothing to celebrate.
◼ The U.S. Navy’s personnel shortages are now hampering its ability to repair its ships at sea, according to a Government Accountability Office (GAO) report. The report found that 63 percent of executive officers surveyed said that insufficient staffing made it “moderately to extremely difficult to complete repairs while underway.” The GAO highlighted inaccurate guidelines and substandard training as contributing factors. Many sailors in engineering departments also have little practical maintenance experience before reaching the fleet, with computer-based training substituted for hands-on work and with the hope that an experienced sailor will train the initiate once he reaches his first ship. Combine inexperience with tool scarcity, the growing time required to retrieve work authorizations and hazmats, and the churn of sailors to and from the ships, and the U.S. Navy finds itself up a creek. |