Federalism Is For Suckers
Donald Trump’s Assertion That He Can Order the States Around Is Unconstitutional: But Leave Federalism and the 10th Amendment Out of It
Five days is a lifetime in politics, and especially in the age of the internet. Donald Trump has – for now – given up on saying he can order governors to “reopen” their states, but the debate surrounding it has perverted our constitutional discussion. And that needs fixing. Wags from right to left – not to mention governors such as Andrew Cuomo -- condemned Trump’s move as violating the principles of federalism. Both Neal Katyal and Liz Cheney suggeste...
CONTINUE READINGTrump’s EPA May Cause as Many U.S. Deaths as the Coronavirus
The effects are more gradual, but deregulation could be as deadly as the pandemic.
The Trump Administration has been busy repealing pollution laws that protect public health. The health impact of these rollbacks isn't as dramatic as an epidemic. There's a credible argument, however, that it will be just as deadly. In order to put some numbers on the effects of deregulation, we need to make some assumptions on how long Trump's policies will last. Let’s assume for purposes of this exercise that those policies remain in effect through a second Tr...
CONTINUE READINGWe Need an Environmental Dr. Fauci
Much of environmental law is about protecting public health. But the Trump Administration won’t listen.
During the coronavirus crisis, Dr. Anthony Fauci has become the voice of reason. Much of the public turns to him for critical information about public health, while even Trump finds it necessary to listen. In the Trump era, no one plays that role in the environmental area. The result is a mindless campaign of deregulation that imperils public health and safety. We can’t clone Dr. Fauci or duplicate the unique circumstances that have made his voice so powerful. How...
CONTINUE READINGGuest Blogger Sharon Jacobs: The Coronavirus and Our Energy System
Uncertainty is the New Normal
The novel coronavirus’s impact on our energy system is (understandably) not top of mind for most people right now. But the pandemic and its economic fallout have important implications for some of the most pressing energy issues today including the green transition, energy justice, and even the fate of bankrupt investor-owned utility PG&E in Northern California. As with everything else coronavirus-related, the pandemic’s impacts on energy are uncertain. However, ...
CONTINUE READINGWe’re Spending Trillions to Support Businesses. What About Coronavirus Victims?
Discussion of this issue is just beginning, but there’s a strong case for compensation.
The deaths of coronavirus victims are an ominous statistic that people watch anxiously. Many of those victims have left behind spouses, children, or grandchildren who were dependent on them. While we are spending trillions to help businesses impacted by the coronavirus, so far we are doing nothing for surviving families. We need to start seriously thinking about how to remedy this. The U.S. record in the face of other disasters has been mixed. Congress created a g...
CONTINUE READINGHow Sustainable is the Electric Vehicle Battery Supply Chain?
New CLEE and NRGI “FAQ” released today addresses common misconceptions
Co-authored with Ted Lamm and Patrick Heller (advisor at the Natural Resource Governance Institute and a senior visiting fellow at CLEE) The global transition from fossil fuel-powered vehicles to electric vehicles (EVs) will require the production of hundreds of millions of batteries. The need for such a massive deployment raises questions from the general public and critics alike about the sustainability of the battery supply chain, from mining impacts to vehicle car...
CONTINUE READINGCalifornia and the Coronavirus: A Timeline
The first reported California death was a month ago. It seems more like an eon has passed.
How does coronavirus hit a state? First slowly, and then very fast. California was one of the first places in the U.S. to be hit with the coronavirus, and also one of the earliest to take action. Here’s a timeline, with some national events for comparison: January Jan. 25. First California coronavirus case reported. February Feb. 10. President Trump: “Looks like by April, you know, in theory, when it gets a little warmer, it miraculously goes away.” F...
CONTINUE READINGAfter the Peak, the Worst Could Still Be Yet to Come
Don't break out the champagne when infections peak. Most deaths could happen afterwards.
There are some indications that we may be getting closer to the peak of new coronavirus cases in New York, and with luck the national peak may not be too far off. That would be welcome news when it comes. But it would be dead wrong to declare victory or assume that the worst is over. The peak of new infections does not necessarily mean the peak of deaths. In fact, it may mean the body count has just begun. Here are some shocking numbers. New cases in Italy peake...
CONTINUE READINGInslee v. De Blasio: Coronavirus Responses, Good and Bad
As it turns out, telling New Yorkers not to worry about the virus was a really bad idea.
The state of Washington seems to be a model of success in dealing with the coronavirus. What can we learn from that experience? And how did Washington's approach differ from that of another hotspot with about the same population, New York City? Let’s begin by taking a look at how the situation developed in Washington. Here’s an abbreviated timeline (you can find a more detailed and complete one on this site): Jan. 21. First US coronavirus case confirmed i...
CONTINUE READINGDoes the Constitution Exempt Churches from Social Distancing?
Short answer: "No." And it might even be unconstitutional for states to grant such exemptions.
Most religious groups have willingly complied with public health limits on large gatherings. But not all. These claims of religious exemption, and some states' responses to them, raise important constitutional issues. There have been a couple of cases in the spotlight. Rodney Howard-Browne is a Florida preacher who prayed over Trump in the Oval Office in 2017. He refused to stop religious service and vowed not to stop services or discouraging his flock from shak...
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