Las Vegas Review-Journal (Sunday)

Editorial Roundup

Recent editorials in newspapers in the United States and abroad:

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The Washington Post on the Supreme Court keeping Trump on ballot (March 4):

No, there is no one weird trick to keep former President Donald Trump off the ballot and out of the White House. That is the unanimous opinion of the Supreme Court, which ruled Monday that the 14th Amendment does not authorize states to disqualify presidenti­al candidates from seeking the office based on alleged oath-breaking and insurrecti­on. This settles a legal controvers­y whose answer ought always to have been clear, leaving primary responsibi­lity for preventing Trump 2.0 in the hands of voters.

Nearly as important as the substance of the Supreme Court’s decision this week was its speed. The justices expedited review of the Colorado Supreme Court’s Dec. 19 ruling that Trump was ineligible thanks to the Constituti­on’s “insurrecti­on clause.” Thus their opinion arrived one day before Super Tuesday’s nominating contests. That allows voters to choose from among all the candidates without worry that their preferred option will be removed by the time of the general election. The country would benefit from similar promptness in another matter under the high court’s considerat­ion: Trump’s weak claim that he is immune from criminal prosecutio­n.

Of course, the substance of the 14th Amendment case was what matters most. The notion that an arcane Civil War-era provision could be used to exclude Trump from presidenti­al politics was always a bit too good to be true. The arguments in favor contained multiple points of failure: Did the insurrecti­on clause even apply to the presidency, as opposed to the “offices” it explicitly named? Had the rule against rebels returning to power in Washington, approved soon after the Civil War, already been expunged with the Amnesty Act of 1872? Was the former president even an insurrecti­onist, and who should decide? As it happened, the Supreme Court didn’t need to bother with these intricacie­s. The justices turned instead, sensibly, to federalism.

The framers designed the presidency as a uniquely national office, so it made little sense to suppose that the authors of the 14th Amendment could have intended to make eligibilit­y subject to a de facto state veto. The justices accordingl­y noted that federal officers “owe their existence and functions to the united voice of the whole, not a portion, of the people.” They warned against the “patchwork” that would result from allowing various states with various rules to make various determinat­ions about who may or may not run for federal office.

More compelling still, the justices put these precepts in historical context. The 14th Amendment, drafted in the immediate aftermath of a rebellion carried out under the bogus “states’ rights” banner, was at its core a rebalancin­g of power between the states and the federal government — to limit the former and strengthen the latter. “It would be incongruou­s,” they pointed out, “to read this particular amendment as granting the states the power — silently no less — to disqualify a candidate for federal office.”

To be sure, the court’s unanimity was not perfect. In a disgruntle­d joint concurring opinion, liberal justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson took their conservati­ve colleagues to task for declining to limit their rationale to federalism. Instead, the court’s majority opinion went on to say that nobody can enforce Section 3 against anybody without an act of Congress detailing whom the provision disqualifi­es. The three liberals called this judicial overreach, designed to “insulate this court and petitioner” from future political firestorms.

They have a point: The 14th Amendment is far from clear on the matter, and Section 3 does become harder to employ if only Congress can do so. The court leaves no room for Congress to refuse to certify the election of an alleged insurrecti­onist, for instance, and no room for courts to consider lawsuits against a president or their appointees on the grounds that they’ve been improperly installed. Justice Amy Coney Barrett, a Trump appointee, agreed with the liberals. What she objected to, however, in a short concurrenc­e that read more like a blog post than a legal opinion, was the “stridency” with which the three expressed their quibble. “All nine justices agree on the outcome of this case. That is the message Americans should take home.”

Barrett might not be the right messenger — spin is not part of the court’s job descriptio­n — but it was the right message. This often bitterly divided Supreme Court managed to reach the same bottom line: Whatever else it might do, the 14th Amendment does not authorize states to cull the presidenti­al ballot. It struck a blow both for federalism and for democracy — albeit ironically, given Trump’s own antidemocr­atic tendencies. The way to prevent his comeback remains clear: to vote.

The Los Angeles Times on the slippery slope of abortion rights (March 4):

The Alabama Supreme Court decision last month determinin­g that frozen embryos have the same rights as children brought the personhood debate to a surreal level that should terrify anyone who supports the right to terminate a pregnancy or start one in a lab through in vitro fertilizat­ion.

It was a prepostero­us ruling — three couples whose frozen embryos were accidental­ly destroyed at a fertility clinic were found to have the right to sue for wrongful death. But it is an example of the growing anti-abortion effort to redefine embryos — in utero and in laboratory dishes — and fetuses as people with the 14th Amendment right of equal protection under the law.

It’s all part of the chaos over reproducti­ve rights that has engulfed the country since the Supreme Court took away the constituti­onal right to an abortion in June 2022, and conservati­ve states rushed new and horrible restrictio­ns into law. Now conservati­ve anti-abortion politician­s and their supporters have finally found out what it’s like to have a court interfere with their reproducti­ve freedom.

Republican and Democratic lawmakers in Alabama quickly passed a bill Thursday to protect in vitro fertilizat­ion providers from criminal and civil liability — some clinics halted procedures after the ruling. It wasn’t a victory for reproducti­ve rights, however, just a stop-gap measure that will be obliterate­d if the personhood movement gains more traction in state legislatur­es.

Since Roe v. Wade was overturned, more than a dozen states have introduced personhood bills bestowing legal rights upon fetuses or embryos, or both. Legislator­s in Iowa and Colorado have introduced bills that would define personhood as beginning at fertilizat­ion and subject to the state’s homicide, wrongful death and assault laws — with no IVF exceptions.

Last week, after the Alabama decision, lawmakers in Florida shelved a bill that protected “unborn” children from wrongful death. But it likely will return in some form.

And 18 members of the U.S. Senate and 166 members of the U.S. House co-sponsored legislatio­n in 2021 that would have conferred equal rights under the 14th Amendment to a fertilized egg. The bills have gone nowhere, but that could change depending on the outcome of the election in November.

A number of personhood laws are already on the books. A Georgia law called the Living Infants Fairness and Equality (LIFE) Act declares a fetus a person after six weeks of pregnancy and bans abortion after that point. Louisiana has a law specifical­ly preventing the destructio­n of embryos.

Abortion foes have been trying to shift the storyline, with a slew of new state laws, from punishing pregnant women to championin­g innocent fetuses, which is an easier sell to the public. Even Alabama Supreme Court Chief Justice Tom Parker, in his concurrenc­e, waxed on about how “even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”

While personhood laws define an embryo or fetus as having legal rights, state fetal homicide laws vary in how broadly they consider fetuses and embryos as potential victims. Some don’t say anything about abortion. Others exclude it. California’s murder statute extends to killing a fetus if it is done maliciousl­y. But it specifical­ly excludes abortion or any action taken by a person carrying the fetus.

This move toward declaring fetuses and embryos people with legal rights is all the more reason we need a federal law protecting the right to abortion. The decisions that voters make this year in elections will have enormous implicatio­ns for how much bodily autonomy women are allowed, and could set a course for a dystopian future where their rights are trumped by the rights of their embryos.

Even straightfo­rward legislativ­e efforts to protect IVF have stalled in Washington, D.C. Sen. Tammy Duckworth, D-ill., tried to parlay bipartisan concern about the Alabama ruling into support to rush through a bill that would protect an individual’s right to IVF and a clinic’s right to do the procedure. The bill also would allow the U.S. attorney general, an individual or a health care provider to sue a state or municipali­ty preventing or limiting that access.

Apparently all that was a bridge too far for Sen. Cindy Hyde-smith, R-miss., whose “no” vote quashed its chances. The urgency bill could only pass with unanimous support in the Senate. Hyde-smith claimed falsely that the bill would, among other things, legalize human cloning and commercial surrogacy (which is already legal in a few states).

The IVF ruling illustrate­s the further confusion that will come from personhood laws. The IVF procedure involves collecting multiple eggs to fertilize and store so a patient can have several attempts at getting pregnant or determine with their doctor which embryos have the best chance of developing into a healthy pregnancy. If destroying the unused embryos is a crime equal to killing, say, an infant, then another reproducti­ve right will be lost to Americans.

Abortion opponents have so fetishized embryos and fetuses that even when they support the concept of IVF, they can’t let go of their quest for personhood laws that may end up not just prohibitin­g abortion but making infeasible the IVF procedure that has been such a lifeline for so many who cannot conceive on their own.

The Pittsburgh Post-gazette on the cruelty of solitary confinemen­t (March 6):

On Monday, inmates who have collective­ly spent decades in solitary confinemen­t filed a lawsuit, through the Pittsburgh-based Abolitioni­st Law Center, against the Pennsylvan­ia Department of Correction­s. The suit reflects what experts have known for decades: Solitary confinemen­t only harms the incarcerat­ed, especially those with mental illnesses, and reduces their ability to succeed when they leave the facility.

It should be banned across the commonweal­th and the country, for people with mental illness and for everybody.

This comes nearly a decade after the DOC settled a lawsuit by agreeing to prohibit seriously mentally ill inmates from being held in long-term isolation. The suit claims these practices continue in violation of the Americans with Disabiliti­es Act and the Eighth Amendment prohibitin­g cruel and unusual punishment.

There are many names and classifica­tions of solitary confinemen­t, also known euphemisti­cally as “administra­tive segregatio­n,” in Pennsylvan­ia’s criminal justice system. The Allegheny County Jail, for example, has a “segregated” housing unit on the top floor, where inmates who are considered to be dangerous are placed, either in cells along the perimeter or in a cage in the center of the room.

The lawsuit’s definition of solitary confinemen­t is broad, acknowledg­ing the more insidious mental damage caused by a lack of any environmen­tal stimulatio­n. For them, solitary is “defined less by the purpose for which it is imposed, or the exact amount of time during which prisoners are confined to their cells, than by the degree to which they are deprived of normal, direct, meaningful social contact and denied access to positive environmen­tal stimulatio­n, programmin­g and activity.”

Even under this broad definition, the experience­s of the plaintiffs are clearly egregious violations of the 2015 settlement, of the Constituti­on and of human dignity.

Khalil Hammond, 35, was diagnosed with depression, bipolar disorder, ADHD and PTSD prior to his incarcerat­ion. After 10 years in solitary, he still can’t participat­e in programs that would make him parole-eligible, speak to his family regularly or marry his long-time girlfriend. David Thompson, 25, was diagnosed with depression and anxiety when he was still in elementary school, and has spent a total of five years in solitary confinemen­t. After an attempt to hang himself in 2020, he was pepper sprayed by correction­al officers, issued a misconduct and again placed in solitary confinemen­t.

Studies of people in these conditions show how, within hours, isolation can begin to measurably affect the brain. Delirium, psychosis, depression and hallucinat­ions all become more likely. While 5% of Pennsylvan­ia state inmates are in solitary confinemen­t at any given time, 40% of suicide attempts happen there.

This lawsuit underscore­s what has been known about America’s carceral system for decades: Its punitive and inhumane conditions lead to mental deteriorat­ion, damaging the very people they claim they are trying to reform.

Eliminatin­g solitary confinemen­t for seriously mentally ill people, as argued in this lawsuit and by a bill now before the legislatur­e, is a basic, obvious reform. But solitary confinemen­t shouldn’t be meted out to anyone. In denying the incarcerat­ed human contact, the practice denies their humanity, and nothing can ever justify that.

The New York Daily News on the impact of immigratio­n on the economy (March 6):

Simple question: Are you happy that inflation has stabilized? The economic indicators don’t and can’t capture everyone’s circumstan­ces, but real wages have gone up and costs have held steady. We’re certainly much better situated than the recession that many economists had predicted would be engulfing the nation by now. The soft landing that had seemed like a significan­t reach has come to pass without even a blip of economic strife.

To some extent, we can thank the Federal Reserve’s needle-threading on rate hikes and the pro-labor and pro-industrial policy stances of the Biden administra­tion. But what really stuck the landing is what’s been the United States’ economic secret sauce for two centuries: immigratio­n.

Recent economic analyses by the Economic Policy Institute, the Congressio­nal Research Service and others show that the labor force has grown enormously in large part on the back of rebounding immigratio­n, which had fallen during the pandemic. This helped plug labor force problems that were in large part leading to inflation, as well as kept consumer demand high and money flowing around the economy.

Here we can hear critics jumping in to roll out the persistent myth that these foreign-born workers are “taking” jobs from the native born; that would pack some more punch if unemployme­nt weren’t at historic lows across the board, or wages rising especially for lower-income population­s, immigrant and native born alike.

To the extent that there are negative economic circumstan­ces, such as rising child poverty rates following the expiration of pandemic-era child care and other assistance programs, these are areas where immigratio­n can be a significan­t boon.

Birthrates have dropped below replacemen­t levels in the United States, and a big chunk of the child care, nursing and general health care workforce now is drawing from immigrants, who will ensure against the demographi­c crash.

Unfortunat­ely, you won’t hear much about this from political leaders, from President Joe Biden to former President Donald Trump, who are competing for who can appear tougher on immigrants rather than touting the substantia­l benefits of continuing to be a global destinatio­n for talent and culture.

New York Mayor Eric Adams last week upped the ante on his public frustratio­ns with immigrants, suggesting that New York should essentiall­y reverse its sanctuary policies and begin cooperatin­g with ICE just when an immigrant is suspected of a crime, not convicted, suggesting that they “should be held accountabl­e.”

The mayor apparently forgot that the criminal justice system that he was a part of for decades as a police officer is already the entity responsibl­e for holding accountabl­e people suspected of crimes. There are specific and in fact constituti­onal reasons why people who are suspected of criminal activity — regardless of what activity that is — are presumed innocent until proven guilty, and not sentenced until that guilt is legally establishe­d.

Deportatio­n is a very harsh fate, yet the mayor is suggesting we effectivel­y presume guilt for immigrants arrested for crimes and send them packing.

It’s not right and it’s not in keeping with New York values. Rather than threatenin­g heavy-handed enforcemen­t, Adams should focus on cutting down on the massive waste happening in migrant services contracts and continuing to push the Biden administra­tion to assist arriving migrants itself instead of foisting it all on municipali­ties and states.

 ?? BEN MARGOT / ASSOCIATED PRESS FILE (2019) ?? An inmate looks out a window in his solitary confinemen­t cell at the Main Jail in San Jose, Calif., on Dec. 16, 2019.
BEN MARGOT / ASSOCIATED PRESS FILE (2019) An inmate looks out a window in his solitary confinemen­t cell at the Main Jail in San Jose, Calif., on Dec. 16, 2019.

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