A place were I can write...

My simple blog of pictures of travel, friends, activities and the Universe we live in as we go slowly around the Sun.



December 20, 2024

Black Sea oil spill worsens

Black Sea oil spill worsens as third Russian tanker sends distress call

By Vladimir Soldatkin

Spilled oil has washed up along "tens of kilometres" of the Russian Black Sea coast after two tankers were badly damaged in a storm at the weekend, a regional official said on Tuesday, and state media said a third ship was now in trouble.

TASS news agency said the third tanker had issued a distress signal but its hull was still intact, there was no oil spillage and the crew was safe.

RIA news agency said the tanker, Volgoneft 109, was safely stationed near the port of Kavkaz in the Kerch Strait, which runs between the Black Sea and the Sea of Azov.

The first ship, the Volgoneft 212, split in half on Sunday in the strait. The second, the Volgoneft 239, ran aground 80 metres (87 yards) from the shore near the port of Taman on the east side of the strait.

The ships, both more than 50 years old, were carrying some 9,200 metric tons (62,000 barrels) of oil products in total, TASS reported, raising fears it could become one of the largest environmental disasters to hit the region in years.

A certificate seen by Reuters showed the third tanker was built in 1973 and was part of the same ageing fleet.

Veniamin Kondratyev, governor of the southern Krasnodar region, said fuel oil had been found along the coast between the towns of Temryuk and Anapa.

"This morning, while monitoring the shoreline, stains of fuel oil were discovered. Oil products washed ashore for several tens of kilometres," he said.

Authorities said a local state of emergency had been declared at four settlements in Temryuk district and one village in Anapa district because of spilled oil on the shoreline.

A video posted by Zvezda TV showed a black, oil-like substance along the coast at Anapa, and tarry stains along a beach strewn with tree branches.

TASS news agency, citing a scientist, said the nearby Kerch Strait, which separates Russia's Krasnodar region from the Crimean peninsula that Moscow annexed from Crimea in 2014, is an important area for migrating dolphins and other sea mammals.

"You can say they hit a key place," Dmitry Glazov of the Institute of Ecology and Evolution was quoted as saying.

A video broadcast by state TV channel Vesti showed several birds covered with oil flapping their wings and struggling to fly.

The Kerch Strait is a key route for exports of Russian grain and fuel products.

Russia's Natural Resources and Ecology Ministry said on Monday that fuel oil had leaked into the sea, but the scale of the spillage was still not clear.

Natural Resources and Ecology Minister Alexander Kozlov said some of the fuel oil could have sunk to the seabed due to cold weather.

One member of the Volgoneft 212's crew was killed in Sunday's accident, while all 14 people on the Volgoneft 239 were rescued.

Dumbass

Zelenskyy calls Putin a ‘dumbass’

Ukraine leader also hit out at Russian president during Thursday’s European Council summit in Brussels, calling him “crazy.”

By Seb Starcevic

Ukrainian President Volodymyr Zelenskyy has some choice words for Russian President Vladimir Putin: You’re a dumbass.

“People are dying, and he thinks it’s ‘interesting’ ... Dumbass,” Zelenskyy wrote on social media, captioning a video of Putin talking about Moscow’s invasion of Ukraine.

Speaking during his annual televised press conference, Putin claimed that Russia’s Oreshnik missile cannot be intercepted by air defenses and urged the West and Ukraine to “conduct a technological experiment.”

“Let’s call it a high-tech duel of the 21st century. Let them determine some site to hit, let’s say in Kyiv, concentrate all their air defenses there, and we will strike there with the Oreshnik and see what happens,” Putin said. “It’s interesting."

Zelenskyy also hit out at Putin during Thursday’s European Council summit in Brussels, telling reporters the Russian dictator is “crazy.”

“I think Putin is very dangerous, he doesn’t care about human lives … I think he is crazy, really,” Zelenskyy said after meeting with European heads of government. “He loves to kill.”

Spending plan

Johnson prepares to put forward another spending plan — but Republicans don't know what it will be

It's still not clear what it is, with some rumors circulating about a short-term stopgap into mid-January and others saying it will closely resemble the Donald Trump-backed plan.

By Jordain Carney and Meredith Lee Hill

Speaker Mike Johnson told reporters that the House will vote on a government funding bill on Friday morning.

“We’re expecting votes this morning. So y’all stay tuned. We’ve got a plan,” he said. Asked if they had reached a new agreement, he added: “We’ll see.”

While no decision has been made, multiple members say there are discussions about passing a short-term stopgap that would only punt funding into mid-January. That would avert a shutdown and allow lawmakers to go home for the holidays, though they'd return to the same problems in the new year.

The discussions around a short-term funding patch option include moving a separate disaster aid package, similar if not the exact same, as the $110 billion one Republicans negotiated with Democrats in the original stopgap agreement, according to two Republicans. Still, GOP lawmakers caution that everything is very much in flux.

“Anybody who's telling you there's an agreement is just a little bit ahead of themselves," said Rep. Dusty Johnson (R-S.D.).

But Rep. Anna Paulina Luna (R-Fla.) told a gaggle of reporters outside of the speaker's office that the bill they plan to put forth would likely be similar to the Donald Trump-backed version that failed on the House floor by a wide margin Thursday evening. She said the vote was planned for 10 a.m.

“I think we’re very close to a deal,” she said, adding that it’s “very close to President Trump’s plan yesterday.”

Johnson and House conservatives are huddling in his office Friday morning as a government shutdown deadline looms in less than 24 hours. Separately, House Democrats are scheduled to have a closed-door meeting later in the morning as they wait to see what happens next.

Pressing question

Trump transfers $4B stake in Truth Social parent company into a trust

How Trump would handle the shares has been a pressing question since he won the election.

Declan Harty

President-elect Donald Trump has put his $4 billion stake in the parent company of his social media platform Truth Social into a trust controlled by one of his sons, according to a regulatory filing late Thursday.

The billionaire's nearly 115 million shares in Trump Media & Technology Group were transferred to the Donald J. Trump Revocable Trust on Dec. 17 as "a bona fide gift," the filing said. Trump did not sell any stock in the process.

Donald Trump Jr., the president-elect's eldest son and a Trump Media board member, controls the trust and will have "sole voting and investment power" over the majority stake in the company, a separate filing said. Trump is the sole beneficiary of the trust, which was set up in 2014. A revocable trust gives an individual power over another's assets and can be altered after its creation.

Trump Media, launched after Trump's exile from major social media platforms, has become an unexpected pillar of the president-elect's business empire.

The company, built around Truth Social, still loses money and has a small user base relative to other sites like the Elon Musk-owned X, formerly known as Twitter. But Trump Media's profile — and more specifically, Truth Social's — has risen since Trump won back the presidency. The president-elect has been rolling out nominations, announcements and critiques of his perceived political enemies on the site, making it a must-read in Washington.

Its shares, which trade under the ticker "DJT," have been the subject of widespread speculation among Wall Street and MAGA investors that has often led to stunning valuations. Trump Media is currently valued at more than $7.5 billion. As a result, Trump has seen his net worth skyrocket, as his stake in the company is estimated to be a main source of his wealth.

How Trump would handle the shares has been a pressing question since he won the election. Ethics watchdogs have warned that the company could be a means for corporate actors or foreign interests to try to curry favor with the former president. In an open letter this week, Citizens for Responsibility and Ethics in Washington said the stake would pose "a clear conflict of interest" as Trump is in charge of nominating "the very regulators responsible for overseeing [his] company."

Spokespeople for the Trump transition and Trump Media did not immediately respond to a request for comment.

When asked about Trump's plans for the stock Monday, Trump-Vance transition spokesperson Karoline Leavitt told POLITICO in a statement that the president-elect "removed himself from his multi-billion-dollar real estate empire to run for office and forewent his government salary, becoming the first President to actually lose net worth while serving in the White House."

"Unlike most politicians, President Trump didn't get into politics for profit — he's fighting because he loves the people of this country and wants to make America great again," Leavitt said.

Talking.......

Jeffries: We're talking with Republicans again

He's called the bipartisan deal that fell apart the "best" option, but hasn't fully closed the door to other legislation.

By Nicholas Wu and Daniella Diaz

House Minority Leader Hakeem Jeffries privately told his caucus Friday morning that communication had restarted with Republicans, according to two people familiar with his remarks granted anonymity to discuss the dynamics.

“Because of our display of unity, the lines of communication have been reopened,” Jeffries said, according to the people in the room.

House Democrats have been fuming since billionaire Elon Musk and President-elect Donald Trump tanked the stopgap measure negotiated by appropriators and leadership earlier this week, and then when Speaker Mike Johnson moved forward with a funding bill that included raising the debt ceiling. That bill failed spectacularly on the House floor Thursday night.

Heading into the meeting, Jeffries appeared to be holding to his position that Johnson needs to bring back the bipartisan stopgap spending deal that Musk and Trump torpedoed earlier this week. The New York Democrat’s statement, however, was careful not to exclude all other options.

“The best path forward is the bipartisan agreement that was reached between House Republicans, House Democrats, Senate Republicans and Senate Democrats,” he told reporters earlier, as he headed into the closed-door caucus meeting.

House Republicans are preparing to bring back a stopgap funding bill Friday through the Rules Committee, according to Rules member Ralph Norman (R-S.C.), which would allow legislation to pass by a simple majority. Their attempt to pass legislation by a two-thirds majority failed Thursday when almost all Democrats opposed it and dozens of Republicans did too.

And Democrats exiting the caucus meeting sounded more cautiously optimistic than after the vote failed.

"I think people are feeling a lot better than yesterday, I can sense that," Rep. Henry Cuellar (D-Texas) said. "We'll take the caucus lead."

"It feels like what is necessary to get to an agreement is happening," echoed Rep. Steny Hoyer (D-Md.).

Are primary challenges next?

Dozens of Republicans broke with Trump. Are primary challenges next?

Thirty-eight Republicans voted against the Trump-approved government funding bill Thursday night.

By Anthony Adragna and Olivia Beavers

Republicans broke with Donald Trump. Now primary threats could be in the offing.

Dozens of House Republicans voted against a bill pushed by the president-elect to temporarily fund the government Thursday night, even after Trump promised retribution to those who crossed him.

The list of 38 Republicans opposed to the measure ranged from conservatives called out by name by the president-elect — like Rep. Chip Roy (R-Texas) — to less visible agitators like Republican Reps. Aaron Bean (Fla.), Russ Fulcher (Idaho) and Wesley Hunt (Texas).

“I’m happy to take the fire,” Roy told POLITICO Thursday evening. “I understand why the president wants the debt ceiling off the table, I support him. But I don’t support doing it for the sake of doing it, without structural spending reforms.”

The two men spoke before Trump launched his broadside on Truth Social against the Texas conservative on Thursday, according to two people familiar with the talk, granted anonymity to discuss the private conversation. Other conservatives minimized the primary threat, given their seats are comfortably Republican and often support incumbents by wide margins.

“It’s real for some people, but Chip Roy can survive it. I can survive it,” said Rep. Thomas Massie (R-Ky.). “It’ll move the needle 20 points in a race. But if you were going to win 80-20 percent you can be okay.”

Trump has largely been successful driving his intra-party rivals from the party — most of the ten House Republicans who voted to impeach him are no longer serving — but not always. Trump previously looked to boot Massie, but he survived easily.

And Republicans are hoping there is strength in numbers. Most of the Republicans who opposed are housed in the House Freedom Caucus or are adjacent, often meaning they are in safe GOP districts. Still, Trump is powerful with the base and he could create real challenges for some.

In the end, the government funding measure fell way short of becoming law, especially given it was considered under suspension of the rules, an expedited process for consideration requiring two-thirds support. It included a two-year suspension of the nation’s borrowing limit in addition to a short term government funding patch.

Not Funny














 

Struggling

Warning signs for Trump as Republican rebels defiant

Anthony Zurcher

The government shutdown showdown of December 2024 is becoming the first big test of president-elect Donald Trump's influence over congressional Republicans.

At least so far, he is struggling.

One day after Trump derailed a bipartisan government funding bill - with a big assist from tech multibillionaire Elon Musk - he issued a new demand, for a stripped-down government funding bill that would also raise the limit on how much new debt the federal government can issue to fund its deficit spending.

It was a big ask for many congressional conservatives who have long demanded that any debt increase at least be accompanied by cuts to what they view as out-of-control government spending. Trump's demand was also a tacit admission that his legislative agenda, heavy on tax cuts and new military spending, was unlikely to deliver the kind of deficit reduction that many on the right have been hoping for.

On Thursday night, this slimmed-down bill, along with a two-year suspension of the debt limit, came up for a vote in the House. Thirty-eight Republicans joined nearly every Democrat in rejecting it. This amounted to a stunning rebuke of the president-elect, who had enthusiastically endorsed the legislation and threatened to unseat any Republicans who opposed it.

Since that defeat, Republican leaders have been huddling behind closed doors in an effort to come up with a new plan.

They could remove the debt-limit increase– winning over some recalcitrant Republicans but angering Trump. They could renegotiate with Democrats, who may be wary of striking any new deal after Trump torpedoed the first one. They could try bringing each component of the legislative package – government funding, disaster relief, health-care fixes and a debt-limit increase – to separate votes.

Or they could throw up their hands and let the government shut down less than a week before Christmas. That would mean federal workers, including members of the US military, would could miss paycheques just as holiday bills come due – a politically fraught option.

Even the best-case scenario for Republicans at this point only pushes the next shutdown fight a few months down the road, when the party will have to juggle funding the federal government while also trying to enact Trump's legislative agenda on immigration, taxes and trade, all with an even narrower House majority.

A worst-case scenario has all this, coming after an extended government shutdown, followed by a debt-limit battle in the summer, when deficit-minded conservatives may be even less willing to fall in line behind the president.

However this ends, this latest drama underscores just how tenuous the Republican majority in the House is – and the limits to Donald Trump's power.

Republicans abhor compromise with the Democrats, but they will be hard-pressed to muster a majority without them.

Trump and Elon Musk can kill legislation, but they can't necessarily rally the support to get their proposals over the finish line.

Fails to pass.......

Trump-backed bill to keep US government running fails to pass

Rachel Looker and Alex Binley

A US government shutdown is fast approaching after the House of Representatives voted against a Donald Trump-backed spending bill.

Dozens of Republicans defied the president-elect by joining Democrats to reject a revised funding measure.

If no deal is agreed by midnight local time on Friday, some federal services will begin shutting down from the early hours.

The Republican Party's leadership in the House vowed to find a solution to the impasse over government funding ahead of the deadline.

Unlike in much of the rest of the world, government shutdowns in the US happen relatively often due to a 1980 act which basically ruled that without a budget there can be no spending.

This means that if the US Congress - made up of the House of Representatives and the Senate - does not approve a budget, there is no money for the federal government and non-essential services soon begin shutting down and many public employees stop getting paid.

Services classed as essential - mostly related to public safety - continue to operate, and those workers are required to show up without pay.

That usually includes border protection, hospital care, air traffic control, law enforcement, and power grid maintenance.

Services deemed to be non-essential, such as the food assistance programme, federally funded pre-school, the issuing of student loans and food inspections, and the opening of national parks, will all be hit.

The latest spending plan was the second in as many days which failed to reach the two-thirds majority needed to pass the lower chamber of Congress, with 38 Republicans voting against the bill on Thursday night.

This was in defiance of Trump who the day before had thwarted a previous cross-party funding deal that the Republican House leadership had struck with Democrats, after heavy criticism of the measure by tech billionaire Elon Musk.

The Tesla founder (Wrong, he didn't found Tesla*), who Trump has tasked with identifying spending cuts by co-leading the Department of Government Efficiency (which is not an official government department), lobbied heavily against the existing deal with dozens of posts on X - the social media platform he owns.

He called it "criminal" and often referenced false statements about the bill in his posts

Musk wrote on X that any lawmaker "who votes for this outrageous spending bill deserves to be voted out in 2 years".

After Musk drummed up opposition for the spending bill, Trump and the incoming vice-president JD Vance dealt the final blow to Republican House Speaker Mike Johnson's deal on Wednesday evening.

They said in a joint statement they wanted streamlined legislation without the Democratic-backed provisions that Johnson had included.

They also called for Congress to raise or eliminate the debt ceiling, which determines how much the government can borrow to pay its bills, and limit the funding legislation to temporary spending and disaster relief.

They called anything else "a betrayal of our country".

After the initial bill failed by 174 votes to 235, Johnson said he would come up with another solution before government funding lapses at midnight on Friday.

The House then voted on this revised edition on Thursday which included some concessions to Trump's demands, but Republican rebels objected because they opposed increases in government spending, while Democrats voted against it because they said the extra borrowing would be used to give tax cuts to the wealthy.

The current deadlock can be traced back to September, when another budget deadline loomed.

Johnson failed to pass a six-month funding extension as Democrats voted against because it included a measure (the SAVE Act) to require proof of citizenship for voting.

Instead, Congress came to a bipartisan deal for a bare-bones bill that would keep the government funded until the end of 20 December.

It is not clear what will happen next.

Lawmakers are expected to return on Friday morning, with less than 24 hours on the clock until a looming shutdown.

And while the bill will need support from both sides of the chamber to pass, the partisan blame game is in full swing. After the Thursday bill was shot down, Johnson told reporters it was "very disappointing" that almost every House Democrat had voted against it.

Yet Democrats are unlikely to help Johnson with support for a revamped funding bill, blaming him for breaking their bipartisan agreement.

And others seemed to taunt Republicans for seeming to take their direction from the unelected Musk.

On the House floor on Thursday, Connecticut Representative Rosa DeLauro - the top Democratic appropriator in the House - called the billionaire "President Musk", to laughter from fellow Democrats.

The situation also poses a challenge for Johnson, as the House is set to vote in just 15 days on who will serve as House Speaker for the next Congress.

What previously looked like a secure position for Johnson is now seeming less of a sure thing.

And it's not only Johnson who is in a tricky situation - this was the first big test of Trump's influence over current congressional Republicans, and in the vote on Thursday, a number of them baulked.

The last government shutdown ran from 21 December 2018 to 25 January 2019 and was the longest on record. The Congressional Budget Office (CBO) estimated that it reduced economic output, external by about $11bn, including $3bn that it never regained.

*Not part of story

Stupidity

Why government shutdowns seem to only happen in US

Robin Levinson King & Anthony Zurcher

The US government has shut down ten times over the past 40-plus years. Meanwhile, in other countries, governments keep functioning, even in the midst of wars and constitutional crises. So why does this uniquely American phenomenon keep happening?

For most of the world, a government shutdown is very bad news - the result of revolution, invasion or disaster. But in the US, it has become a kind of bargaining tool for political leaders - and a perennial phenomenon.

So why does this keep happening?

America's federal system of government allows different branches of government to be controlled by different parties. It was a structure devised by the nation's founders to encourage compromise and deliberation, but lately it has had the opposite effect.

That's because in 1980, the attorney general under President Jimmy Carter issued a narrow interpretation of the 1884 Anti-Deficiency Act. The 19th Century spending law banned the government from entering into contracts without congressional approval; for almost a century, if there was a gap in budgets, the government had allowed necessary spending to continue. But after 1980, the government took a much stricter view: no budget, no spending.

That interpretation has set the US apart from other non-parliamentary democracies, such as Brazil, where a strong executive branch has the ability to keep the lights on during a budget impasse.

The first US shutdown occurred shortly after in 1981, when President Ronald Reagan vetoed a funding bill, and lasted for a few days. Since then, there's been at least ten others that led to a stop in services, lasting anywhere from half-a-day to over a month. The last one, from 21 December 2018 to 25 January 2019, was the longest on record.

While some essential services did continue to run, like Social Security and the military, hundreds of thousands of federal workers were not paid. At the time, the White House estimated that the shutdown reduced GDP growth by 0.1 percentage points for every week the salary stoppage went on.

Elsewhere in the world, such shutdowns are practically impossible. The parliamentary system used by most European democracies ensures that the executive and legislature are controlled by the same party or coalition. Conceivably, a parliament could refuse to pass a budget proposed by the prime minister, but such an action would likely trigger a new election - not a stoppage in services like national parks, tax refunds and food assistance programmes.

That's exactly what happened in Canada in 2011, when opposition parties rejected the budget proposed by then-Prime Minister Stephen Harper's Conservative Party, which had a minority of seats in parliament. The House of Commons then passed a motion of no-confidence, triggering an election. Meanwhile, the government's services ticked away.

Even in Belgium, which did not have an elected government in power for 589 days between 2010-2011, the trains kept running.

More recently, Ireland managed to keep everything running from 2016-2020 under a minority government with a confidence-and-supply system, which is when parties not in power agree to support spending bills and confidence votes.

But this type of cooperation has become increasingly rare in the US, where warring political parties seem all-too willing to use the day-to-day functioning of the government as a bargaining chip to extract demands from the other side.

Government funding has been extended at least three times since last autumn, when then-Republican Speaker Kevin McCarthy was ousted and eventually replaced with current Speaker Mike Johnson. So far, temporary spending bills have been passed through bipartisan support.

With President-elect Donald Trump and tech billionaire Elon Musk's efforts to kill a short-term funding bill that would have funded the government through 14 March, the current budget will expire on Saturday at 12:01am local time. That means an eleventh government shutdown could be right around the corner.

Stooges....

Musk flexes influence over Congress in shutdown drama

Anthony Zurcher

A funny thing happened on the way to a bipartisan agreement to fund US government operations and avoid a partial shutdown this week.

Conservatives in Congress – encouraged by tech multi-billionaire Elon Musk – balked.

Republicans tried to regroup on Thursday afternoon, offering a new, slimmed-down package to fund the government. That vote failed, as 38 Republicans joined most Democrats in voting no.

All this political drama provides just a taste of the chaos and unpredictability that could be in store under unified Republican rule in Washington next year.

The man at the centre of this week's drama holds no official government title or role. What Elon Musk does have, however, is hundreds of billions of dollars, a social media megaphone and the ear not just of the president of the United States but also rank-and-file conservatives in Congress.

On Wednesday morning, the tech tycoon took to X, which he purchased for $44bn two years ago, to disparage a compromise that Republican Speaker of the House Mike Johnson had struck with Democrats to temporarily fund US government operations until mid-March.

As the number of his posts about the proposed agreement stretched into triple digits, at times amplifying factually inaccurate allegations made by conservative commentators, opposition to the legislation in Congress grew.

And by Wednesday evening, Donald Trump – perhaps sensing that he needed to get in front of the growing conservative uprising - publicly stated that he, too, opposed the government funding bill.

He said it contained wasteful spending and Democratic priorities, while also demanding that Congress take the politically sensitive step of raising – or even doing away with - the legal cap on newly issued American debt that the US would reach sometime next summer.

Support for the stopgap spending bill then collapsed, forcing Johnson and his leadership team to scramble to find an alternative path forward. As they did, Musk celebrated, proclaiming that "the voice of the people has triumphed".

It may be more accurate, however, to say that it was Musk's voice that triumphed.

On Thursday afternoon, Republicans unveiled a new proposal that suspended the debt limit for the first two years of Trump's second term, funded the government until March and included some disaster relief and other measures included in the original funding package.

But Musk's involvement may not land well with some legislators. Democrats in the chamber joked about "President Musk", while even a few Republicans publicly grumbled.

"Who?" Pennsylvania Republican Glenn Thompson responded when asked about Musk. "I don't see him in the chamber."

A majority in name only

Musk may have been the instigator, but this latest congressional funding crisis reveals what has been – and is likely to continue to be – an ongoing challenge for the narrow Republican majority in the House of Representatives.

For two years, Republicans in the chamber have grappled with keeping a united front amidst a party populated, at least in part, by politicians with an active contempt for the government they help to run.

Internal divisions delayed Kevin McCarthy's election as speaker of the House in January 2022 and led to his removal – a first in American history – the following year. Johnson ultimately replaced him, but only after weeks of leaderless limbo.

Some Republicans had hoped that with Trump's election, members of their majority, which will become even slimmer when the new Congress is sworn in next month, would be more willing to march in lockstep to support the new president's agenda. And some are.

"I think President Trump pretty much laid out the plan, so I don't know what the discussions are about," Florida Congresswoman Anna Paulina Luna told reporters after internal Republican meetings on Thursday afternoon.

What this week has revealed, however, is that the president-elect may not always offer the legislature the clear, consistent direction it requires.

His insistence on raising the debt limit, for instance, caught many in his own party by surprise. And outside influences, such as from Musk or others, could inject extra instability into the process.

If Republicans aren't able to reach near unanimity in the House, they will have to find ways to win over Democrats if they want to achieve any kind of legislative success. And what this week showed (once again) is that the kind of political compromises necessary could prompt a greater number of Republican defections.

Trump's party will be challenged to effectively govern on its own – but it also may not be able to tolerate governing with the help of Democrats.

If there is no political equilibrium in the chamber, it would put Trump's more ambitious legislative priorities at risk before he even takes office.

Republicans may yet find a way to avoid a lengthy government shutdown through a temporary budget resolution, even though the first round of pressure from Trump resulted in an embarrassing failure to win enough support within his own party.

For Johnson, however, the damage may have already been done. His authority over House Republicans has been undercut – first by Musk and then by Trump - just a few weeks before he stands for re-election as speaker of the House.

Already one Republican, Thomas Massie of Kentucky, has said he will not support Johnson's re-election. Others, including members of Johnson's own leadership team, have been noncommittal. Marjorie Taylor Greene, the firebrand Georgia congresswoman who unsuccessfully pushed to remove Johnson in May, suggested Musk become speaker.

Meanwhile, Trump – the one man who could throw Johnson a lifeline – has been equivocal, telling Fox News that Johnson could "easily" remain speaker if he "acts decisively and tough".

Decisiveness may not be enough, however, when every direction for the speaker appears to lead to a dead end.

Republican rebels defiant

Warning signs for Trump as Republican rebels defiant

Anthony Zurcher

The government shutdown showdown of December 2024 is becoming the first big test of president-elect Donald Trump's influence over congressional Republicans.

At least so far, he is struggling.

One day after Trump derailed a bipartisan government funding bill - with a big assist from tech multibillionaire Elon Musk - he issued a new demand, for a stripped-down government funding bill that would also raise the limit on how much new debt the federal government can issue to fund its deficit spending.

It was a big ask for many congressional conservatives who have long demanded that any debt increase at least be accompanied by cuts to what they view as out-of-control government spending. Trump's demand was also a tacit admission that his legislative agenda, heavy on tax cuts and new military spending, was unlikely to deliver the kind of deficit reduction that many on the right have been hoping for.

On Thursday night, this slimmed-down bill, along with a two-year suspension of the debt limit, came up for a vote in the House. Thirty-eight Republicans joined nearly every Democrat in rejecting it. This amounted to a stunning rebuke of the president-elect, who had enthusiastically endorsed the legislation and threatened to unseat any Republicans who opposed it.

Since that defeat, Republican leaders have been huddling behind closed doors in an effort to come up with a new plan.

They could remove the debt-limit increase– winning over some recalcitrant Republicans but angering Trump. They could renegotiate with Democrats, who may be wary of striking any new deal after Trump torpedoed the first one. They could try bringing each component of the legislative package – government funding, disaster relief, health-care fixes and a debt-limit increase – to separate votes.

Or they could throw up their hands and let the government shut down less than a week before Christmas. That would mean federal workers, including members of the US military, would could miss paycheques just as holiday bills come due – a politically fraught option.

Even the best-case scenario for Republicans at this point only pushes the next shutdown fight a few months down the road, when the party will have to juggle funding the federal government while also trying to enact Trump's legislative agenda on immigration, taxes and trade, all with an even narrower House majority.

A worst-case scenario has all this, coming after an extended government shutdown, followed by a debt-limit battle in the summer, when deficit-minded conservatives may be even less willing to fall in line behind the president.

However this ends, this latest drama underscores just how tenuous the Republican majority in the House is – and the limits to Donald Trump's power.

Republicans abhor compromise with the Democrats, but they will be hard-pressed to muster a majority without them.

Trump and Elon Musk can kill legislation, but they can't necessarily rally the support to get their proposals over the finish line.

MAGA swamp

'Welcome back to the MAGA swamp' - House minority leader

From BBC: Alys Davies

Hakeem Jeffries, the highest ranking House Democrat, has been fiercely critical of Republicans who abruptly killed the bi-partisan spending bill on Thursday under Trump's direction.

"Republicans would rather cut taxes for billionaire donors than fund research for children with cancer. That is why our country is on the brink of a government shutdown that will crash the economy, hurt working class Americans and likely be the longest in history," he writes on X.

"Welcome back to the MAGA swamp."

Republicans replaced the original bi-partisan proposal with another version that got Trump's backing later on Thursday.

Jeffries told reporters "the Musk-Johnson proposal is not serious. It's laughable. Extreme MAGA Republicans are driving us to a government shutdown".

Hidden trap

A new Supreme Court case about religion has a hidden trap for workers

Catholic Charities v. Wisconsin has a sympathetic plaintiff, and alarmingly high stakes for workers.

by Ian Millhiser

One of the Supreme Court’s very first actions after Republicans gained a 6-3 supermajority on its bench was a revolutionary decision expanding religious institutions’ right to seek exemptions from state laws. Since then, the Court has fairly consistently favored Christian litigants who seek such exemptions, or who raise other religious liberty-related claims (though it has not always shown the same sympathy to Muslims with similar claims).

That history means it’s hard to think of a litigant that’s more likely to win the sympathy of most of the justices than Catholic Charities, the party at the center of Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission. Catholic Charities seeks an exemption from Wisconsin’s law requiring employers to pay taxes that fund unemployment benefits. The Court announced Friday it will hear Catholic Charities.

It is likely that the Court will side with Catholic Charities. The more important question is how the Court might write an opinion ruling in Catholic Charities’ favor, as a too broad opinion could potentially have dire consequences — giving at least some companies legal grounds to mistreat workers, and to pick and choose which laws apply to them, and which don’t.

What’s the legal issue in Catholic Charities?

Like every other state, Wisconsin taxes employers to fund unemployment benefits for workers who lose their jobs. Wisconsin, however, exempts employers that are controlled by a church, and that are “operated primarily for religious purposes,” from these taxes.

Wisconsin’s state supreme court recently ruled that this “religious purposes” exemption applies only to employers that primarily engage in religious activities, such as holding worship services or providing religious education. The court found it does not apply to organizations, like Catholic Charities, that provide secular services like job training or feeding the poor — even if the organization is motivated by religion to provide these secular services.

Notably, Catholic Charities has paid these unemployment taxes since 1972.

Catholic Charities’ lawyers claim that this distinction between religious and secular services violates the First Amendment’s religious liberties protections in various ways. Among other things, they claim that Wisconsin discriminates against religions, like the Catholic Church, that believe in an obligation to “serv[e] those in need without proselytizing,” and that Wisconsin’s law interferes with the church’s right to manage its own affairs.

Are these good arguments? Not really. Wisconsin isn’t discriminating against the Catholic Church. Wisconsin will allow any religious institution, be it Catholic, Protestant, Jewish, Muslim, Buddhist, Hindu, or Satanic, to be exempt from unemployment tax if it hosts worship services or if it teaches lessons about a holy text. It similarly will not give this exemption to one, regardless of its faith, that performs secular charity work.

Nor is Wisconsin interfering with the church’s religious freedoms. The state is not trying to influence the church’s internal affairs in any significant way. The Supreme Court has held that the government should stay out of “strictly ecclesiastical” matters, such as a fight over which of two religious leaders was properly appointed as an archbishop. But Catholic Charities does not involve such a matter of internal church governance, it involves the state’s decision to tax both secular and many religious employers, in order to pay unemployment benefits.

And, again, it’s notable that Catholic Charities has complied with Wisconsin’s tax law since 1972. The fact that it now seeks an exemption after decades of compliance suggests that preexisting law does not favor the church’s position — and that the church’s lawyers now think they can win cases that would have lost before less sympathetic panels of justices.

Two ways that the Supreme Court can rule in favor of Catholic Charities

In the likely event that the Supreme Court does rule in Catholic Charities’ favor, there are two ways it can get there. One would be a narrow decision that applies to a small subset of employers. The other could potentially overrule a pair of decades-old precedents, and risks severely disrupting the balance of power between workers and employers.

If the Court wants to issue a narrow opinion favoring Catholic Charities, it could rule that its decision applies only to organizations engaged in charitable work, and make it clear the ruling does not apply to any group engaged in commercial activity. Failing to do so could create a situation like the one the Court tried to avoid in Tony and Susan Alamo Foundation v. Secretary of Labor (1985).

In that case, a religious foundation operated a long list of commercial businesses, including “service stations, retail clothing and grocery outlets, hog farms, roofing and electrical construction companies, a recordkeeping company, a motel, and companies engaged in the production and distribution of candy.” These businesses were staffed with “associates” who were not paid cash wages or a salary, but instead were only provided with in-kind benefits like food, clothing, and shelter. The federal government sued this foundation, alleging that it was in violation of federal minimum wage, overtime, and workplace recordkeeping laws.

A unanimous Supreme Court rejected the foundation’s claim that it was exempt from these laws because it objected to them on religious grounds. Among other things, the Court warned that the foundation’s business competed with other, secular businesses in the marketplace, and that permitting the foundation to pay “substandard wages would undoubtedly give [the foundation] and similar organizations an advantage over their competitors.”

In United States v. Lee (1982), the Supreme Court expressed similar concerns about a religious employer who sought an exemption from paying Social Security taxes. Indeed, Lee announced a blanket rule establishing that “when followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.”

The Catholic Charities case is distinguishable from both Alamo Foundation and Lee because it does not involve a religious organization engaged in commercial activity. Catholic Charities is a legitimate charity which does a great deal of beneficial work for the needy. It is not a business that operates hog farms or sells candy.

So a win for Catholic Charities could just be a win for religious organizations without commercial interests that want to avoid unemployment taxation. To get to that result, the Court just needs to follow the line these older cases draw between institutions engaged in “commercial activity,” which could not claim religious exemptions from laws governing that activity, and institutions engaged in more traditional charitable work.

However, there is a chance the Court ignores this line in favor of the legal reasoning that drove a more recent decision: In 2014, the Supreme Court held that private, for-profit businesses may, in some instances, seek religious exemptions from federal business regulations.

That case was Burwell v. Hobby Lobby (2014), in which the Court decided that private businesses, whose owners object to some forms of birth control on religious grounds, are exempt from federal rules requiring employers to cover contraception in their employees’ health plans. The Court has only grown more conservative, and more friendly to Christian litigants seeking religious exemptions, since Hobby Lobby. So it is far from clear that this Court will hew to the rule against permitting business to seek exemptions that can distort the market that was announced in Lee.

It is possible to distinguish Hobby Lobby from Catholic Charities, because Hobby Lobby arose under a federal statute that gives particularly strong religious liberty protections to people impacted by a federal law. Catholic Charities, by contrast, asks whether the Constitution allows a religious employer to seek an exemption from a state law.

In any event, if the Court winds up handing down a narrow decision holding that legitimate charities like Catholic Charities, which are directly affiliated with a church, are entitled to certain religious exemptions, then that’s hardly the end of the world. Such a decision would likely only impact a relatively small number of workers, and it would only impact workers who voluntarily chose to do charitable work.

Still, the shadow of Hobby Lobby looms large over this case. And this Supreme Court often hands down haphazardly reasoned opinions that cause needless disruption to settled areas of law. So there’s at least some risk that the Court will hand down a decision that fundamentally undermines much of American labor and employment law by allowing commercial businesses to exempt themselves from a wide range of laws intended to protect their workers.

Easy win?

The Supreme Court’s new abortion case should be an easy win for Planned Parenthood

Although nothing is ever certain in this Supreme Court.

by Ian Millhiser

The question in Kerr is whether a federal law, which requires state Medicaid programs to guarantee that “any individual eligible for medical assistance” may obtain that care “from any institution, agency, community pharmacy, or person, qualified to perform the service or services required,” does in fact allow Medicaid patients to choose any doctor qualified to perform the services they seek.

After reading this statutory language, you’re probably wondering why this legal dispute triggered a lawsuit in the first place — the law, after all, is perfectly clear that “any” Medicaid patient is allowed to choose “any” person qualified to provide them with care. But there are two reasons, one legal and one political, that explain why Kerr is contentious enough to make it to the Supreme Court.

The first reason is that the Supreme Court’s rules governing when someone can sue to enforce a provision of federal Medicaid law are somewhat complicated, although not nearly complicated enough to justify denying Medicaid patients their right to choose a health provider. The second, more salient, reason is that this case involves Planned Parenthood, and so a handful of outlier judges have allowed anti-abortion politics to trump a clearly written federal law.

South Carolina is one of several states that attempted to exclude Planned Parenthood from its Medicaid program, effectively preventing Medicaid patients from seeking care at the venerable reproductive health care institution. In 2018, Republican Gov. Henry McMaster issued an executive order prohibiting “abortion clinics” from being paid to provide care to Medicaid patients. (Although the Supreme Court permitted states to ban abortion in 2022, South Carolina still allows some abortions up to the sixth week of pregnancy.)

Shortly after McMaster issued this order, both Planned Parenthood’s South Carolina affiliate and an individual Planned Parenthood patient sued, pointing to the federal law giving Medicaid patients a right to choose their health provider. The United States Court of Appeals for the Fourth Circuit, the federal appeals court that oversees North Carolina, has repeatedly ruled that these plaintiffs are correct — the federal law does exactly what its plain text says that it does.

Most federal appeals courts ruled similarly when other states announced rules similar to McMaster’s. But two outlier circuits, the Fifth and the Eighth, did not. Notably, both the Fifth and the Eighth Circuit’s decisions were handed down before the Supreme Court decided Health and Hospital Corporation v. Talevski (2023), a significant decision clarifying the rights of Medicaid patients to bring federal lawsuits, which cuts against the Fifth and Eighth Circuit’s reasoning.

In any event, it’s hard to imagine that such a straightforward legal dispute would produce such a circuit split if it didn’t involve the contentious question of abortion. It’s also possible that the Supreme Court took the Kerr case simply to reaffirm its decision in Talevski and reverse the two courts that created this split.

The whole point of having one Supreme Court at the top of the federal judiciary is to maintain uniformity in federal law — an act of Congress should mean the same thing in South Carolina as it does in Texas — so the justices often step in to resolve legal questions that divide federal appeals courts.

Still, this case does involve abortion. Republicans have a 6-3 supermajority on the Supreme Court. And five members of that majority have a history of reading the law in absurd ways to diminish abortion rights. So there’s at least some risk that the Court may lash out at Medicaid patients’ right to choose their own health provider.

What is the specific legal issue at the heart of Kerr?

Arguably the most important federal civil rights law is a provision known as “Section 1983,” which permits state officials to be sued in federal court if they deprive someone of “any rights, privileges, or immunities secured by the Constitution and laws.” Without this law, people whose constitutional or federal statutory rights are violated would often have no recourse, because they would be unable to bring a lawsuit seeking to vindicate those rights.

Notably, however, Section 1983 does not permit anyone to file a lawsuit challenging any violation of any federal statute whatsoever. As the Supreme Court said in Blessing v. Freestone (1997), “a plaintiff must assert the violation of a federal right, not merely a violation of federal law.” And the Court has developed a framework governing which federal laws create individual rights that can be enforced through private lawsuits.

Yet, while this framework sometimes creates uncertainty about which federal laws can trigger such suits, the issue in Kerr is straightforward. As the Court recently reaffirmed in Talevski, the key question is whether a federal law is “phrased in terms of the persons benefited,” and whether it “contains ‘rights-creating,’ individual-centric language with an ‘unmistakable focus on the benefited class.’”

Thus, for example, a hypothetical federal statute that provides that “no state may deny someone who owns golf clubs the ability to play golf” could be enforced by federal lawsuits, because this statute’s language focuses on the people who benefit from it (people who own golf clubs). A statute that says that “states shall not impede enjoyment of the game of golf,” by contrast, would not permit individual lawsuits because this statutory language does not even mention which individuals are supposed to benefit from the law.

With this framework in mind, consider the statutory language at the heart of the Kerr case:

A State plan for medical assistance must … provide that … any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required (including an organization which provides such services, or arranges for their availability, on a prepayment basis), who undertakes to provide him such services.

This language is full of the kind of “individual-centric language” with an “unmistakable focus on the benefited class” that the Court spoke of in Talevski. It provides a right to “any individual” eligible for medical benefits. It states that these individuals “may obtain” medical care from the provider of their choice. And it concludes with a pronoun (“him”), which refers back to the individuals who benefit from the law.

All of which is a long way of saying that, if the Court follows existing law, including the rule it recently announced in Talevski, then it will rule in favor of the plaintiffs in Kerr. But it is unlikely the case would have made it to the Supreme Court in the first place — or that any appeals court would have read this particular provision of Medicaid law to deny similar plaintiffs their right to sue — if this case did not involve a politically contentious issue like abortion.

Fake food is fake food..........

You’re being lied to about “ultra-processed” foods

Coverage of the latest nutrition buzzword is overly broad, arbitrary, and wildly misleading. The problem goes deeper.

by Marina Bolotnikova

Over the summer, a story circulated across news outlets claiming that eating plant-based burgers led to heart disease.

“New research,” the Washington Post reported in June, “found eating plant-derived foods that are ultra-processed — such as meat substitutes, fruit juices, and pastries — increases the risk of heart attacks and strokes.”

“Vegan fake meats linked to heart disease, early death,” the New York Post declared.

There was just one problem: The narrative was totally fake.

The claim emerged from a study on plant-based “ultra-processed” foods by a team of nutrition researchers at the University of São Paulo and Imperial College London. Using data from a sample of 118,397 people in the UK who had reported what they ate over at least two days, the paper found that increased consumption of ultra-processed plant foods was associated with higher rates of cardiovascular disease and premature death, while eating non-ultra-processed plants like fruits and vegetables was linked to better health outcomes.

But plant-based meats were virtually absent from the study: Just 0.2 percent of calories across the sample came from meat alternatives. The bulk of the plant-based ultra-processed calories instead came from what the authors describe as “industrialised packaged breads, pastries, buns, and cakes,” and “biscuits,” better known in the US as cookies — foods that have little to do with plant-based meats or other specialty vegan products. The new generation of vegan burgers, including Impossible and Beyond burgers, did not yet exist when the data was collected between 2009 and 2012.

“With such a small contribution, we can’t draw any meaningful conclusions about plant-based meat alternatives specifically,” University of São Paulo researcher Fernanda Rauber, lead author of the study, told me in an email.

That makes sense. Not many people, after all, regularly eat vegan meat alternatives. So why did the media focus on plant-based meats?

The answer is bigger than just one misreported study. It connects to deeper tensions within the science of “ultra-processed foods” (UPFs), a relatively recent category in nutrition research used to describe packaged foods with dubious-sounding ingredients not typically used in household kitchens. Robert F. Kennedy Jr., Donald Trump’s pick to lead US health policy, promises to crack down on ultra-processed foods and has called plant-based meats instruments of corporate control over our food system and humanity. And it’s not just RFK Jr. and his MAHA supporters. Sen. Bernie Sanders (I-VT), too, has recently called for regulating UPFs.

Last week, however, the scientific panel that advises the creation of the federal dietary guidelines concluded that there was limited evidence on UPFs’ health effects and that “few studies were designed and conducted well.”

The supposed danger of ultra-processed foods has resonated among the general public in the last several years, tapping into anxieties about industrial modernity and a sense that we’re being poisoned by big food companies. “It really responds to this feeling that a lot of consumers have, which is that the food industry is not protecting their health,” Aviva Musicus, science director for the health policy advocacy group Center for Science in the Public Interest, told me.

Consumers are right about that: The American food environment is unhealthy and disease-promoting, and the food industry bears much of the blame. But ultra-processed foods — a framework “so broad that it borders on useless,” as Oxford nutrition researcher Nicola Guess argued in the New York Times this week — does little to clarify the reasons why. Taken at face value, it could even steer consumers away from healthier, more planet-friendly plant-based foods.

What happened with that study — and why the “ultra-processed” concept is so confusing

Journalists have a responsibility to verify the facts of any research they cover. But the framing of that University of São Paulo–Imperial College study, and the promotional materials associated with it, might have made it easy for reporters to misunderstand what the research really found.

A news release from Imperial College London led with a photo of plant-based burgers, sausages, and meatballs, as one nutrition researcher not associated with the study pointed out at the time, and the first example the release mentions of ultra-processed plant foods is plant-based meat. “Many plant-based foods, including meat-free alternatives such as some sausages, burgers and nuggets, can be classified as ultra-processed foods (UPFs), despite often being marketed as healthy options,” the release reads. That’s neither a fair representation of the research nor of plant-based meat’s relatively small role in most diets.

The use of these examples, Rauber told me, “are technically correct because they do fall into the ultra-processed plant-based group. That said, these foods contributed very little to the overall calories in our study,” she acknowledged. “I probably wouldn’t have chosen that specific photo to illustrate the findings, since our study examined broader dietary patterns — comparing ultra-processed plant-based foods with their non-ultra-processed counterparts — not specific food categories. But press teams often need concrete examples for clarity, and we understand the media’s role in shaping how findings are presented.”

Things get weirder when you dig into how the study defined “ultra-processed” meat alternatives. Included on that list are tofu and tempeh, soybean-based foods that have been used in East and Southeast Asian cuisines for centuries. They bear little to no resemblance to products like Impossible and Beyond burgers.

This fact, more than anything else about the study, set off my BS detector. Ultra-processed foods researchers categorize foods according to the Nova classification, which consists of four tiers, going from least to most processed:
  • Group one, which includes unprocessed or minimally processed foods, like whole fruits and vegetables, whole grains, beans and legumes, nuts, milk, and cuts of meat.
  • Group two, or “processed culinary ingredients,” including cooking oils, butter, lard, sugar, and salt.
  • Group three, or processed foods, often made by combining group one and group two ingredients into things like homemade breads, desserts, sautés, and other dishes.
  • Group four, or ultra-processed foods, defined as “formulations of ingredients, mostly of exclusive industrial use, that result from a series of industrial processes,” including dyes, flavors, emulsifiers, certain sugars like fructose, and other ingredients rarely or never found in home kitchens.
Depending on how you interpret these categories, tofu probably belongs in group three, and tempeh, which is just fermented soybeans, may belong in group one. Neither of them fit the ultra-processed category. Foods with added gluten, too, have been arbitrarily slotted into category four by the creators of the Nova classification, although gluten has a long history as a meat alternative (known as seitan) in East Asian cuisines. Not only can you use it in your home kitchen, but you can make it yourself from flour.

If you’re confused, don’t feel bad — some of the world’s top nutrition experts are, too. “You look at these papers, and it’s still very hard to pin down what the definition [of ultra-processed] really is,” Walter Willett, a professor of epidemiology and nutrition at Harvard, told me. It’s a concept prone to illogical free association, lumping together Cheetos with ultra-healthy fermented beans.

Asked why tofu and tempeh were classified this way, Rauber said the dietary questionnaire filled out by people in the dataset grouped together tofu, tempeh, and soya mince, also known as textured vegetable protein (a UPF, but one that’s a perfectly reasonable source of protein and fiber made after the fat has been removed from soybeans in the production of soybean oil).

“While plain tofu itself might not be considered ultra-processed, we observed that many options available on the market at the time of data collection contained natural flavourings, thickeners like guar gum, and other ingredients that align with the Nova definition of UPF,” she wrote. That’s true of some flavored tofus — though the addition of an ingredient like guar gum wouldn’t much impact their nutritional properties. Added sugar, however, definitely would — but sugar is not an ultra-processed ingredient, according to the Nova classification, unless it comes in the form of something like high-fructose corn syrup, which is.

For the most part, the UPF category targets ingredients that have only come into use with modern food science and industrial technology. Without a doubt, many foods that meet the ultra-processed criteria are bad for us, and we’re better off eating mostly unprocessed or minimally processed foods. Processed meat is classified as a carcinogen by the World Health Organization because of the specific harms of that type of processing. UPFs like Twinkies and Oreos are unhealthy because they’ve been processed in a way that strips important nutrients and adds super tasty, health-damaging components like sugar — things that are well-established in nutrition science, without reference to the concept of ultra-processing.

The relevant question about a novel scientific concept is not whether it happens to correlate with stuff we already know is true, but whether it adds something genuinely new to our knowledge, without also being wrong about a bunch of other things, as New York University environmental scientist Matthew Hayek pointed out to me. UPF, at least so far, doesn’t seem to clear that bar — it casts a net that manages to be overbroad while excluding some unhealthy forms of processing that have been around longer.

Meanwhile, the ultra-processed framework has needlessly cast aspersions on foods that are perfectly fine (like store-brought 100 percent whole-grain bread with some added gluten — generally still a better choice than less processed white bread) and that can make it easier to enjoy unprocessed whole foods (like MSG, another ingredient I use at home). On the Nova scale, “homemade soup is a 1 unless you use a bouillon cube, in which case it catapults to a 4,” Washington Post food columnist Tamar Haspel wrote earlier this year.

These arbitrary categorizations can make it harder to make informed comparisons between foods. “Some of the plant-based alternatives to meat are quite a bit healthier, it looks like, than the actual beef or pork that people are consuming. It’s a big step in a healthier direction, a huge step in reducing greenhouse gas emissions,” Willett said, citing meat’s high carbon footprint.

Beyond Meat, which has recently switched the fat source in many of its products from coconut and canola oils to avocado oil, fares particularly well against beef, with much lower saturated fat, lots of protein, iron, and even a bit of fiber. Would it be better to eat an unprocessed source of plant protein, like beans? Sure. “Minimally processed foods are almost always the optimal choice,” Willett said.

I wouldn’t eat Beyond burgers every day, much like it would not be a good idea to eat a beef burger every day. But there’s no reason to be afraid of them.

What this means in the real world

Having said all that: I get it. It feels intuitive to think there is something fundamentally not right about ultra-processed foods. I can understand why people would be freaked out by a vegan burger that looks and tastes like meat. I shudder at the junk that was normal for kids to eat when I was growing up — Gushers, Fruit Rollups, Coke — and think: That is not food. (Though someone might have said the same thing the first time sugarcane was processed into granulated sugar, and they’d have a point.)

It makes sense to have humility about how much we have yet to learn about the impacts of the sweeping changes to our diets that have taken place over the last century. We do need more research into how specific food additives might contribute to specific health outcomes, like impacts to our microbiomes, an area not yet well understood. “Emerging evidence suggests some of them might harm health, particularly through gut microbiome disruption, inflammation, and even DNA damage,” Rauber said.

If UPF were a more intellectually modest concept, it might have more analytic value. But much of the UPF literature has committed itself to the untenable position that whatever it classifies as ultra-processed is automatically an inferior choice, even a dangerous one. Meanwhile, people in the real world are making real food choices under all sorts of constraints, and it would make no sense to tell them that they should avoid unsweetened soy milk just because it contains a thickener.

Yet that’s what another, more recent UPF study, with some of the same authors as the University of São Paulo–Imperial College paper, suggests doing. “Pescatarians, vegetarians, and vegans were more likely to include plant-based milk and meat alternatives in their diet,” the study concludes, a finding that the authors find “concerning.” They argue that “it is, therefore, important that urgently needed policies that address food system sustainability” — like encouraging a transition to more plant-forward diets — “also promote rebalancing diets towards minimally processed foods away from UPFs.”

This kind of rigidity only makes it harder to make healthier, more sustainable, more humane food choices free of animal products. “Soy milk is almost for sure, in the long run, going to be healthier than cow milk,” Willett said.

The breadth and ambiguity of the campaign against “ultra-processed” foods make it vulnerable to sloppy thinking and manipulation by pseudoscience purveyors like RFK Jr. Combine that with a political climate in which multiple red states have banned cell-cultivated meat and meat producers seize every opportunity to thwart plant-based competitors, and you can imagine how plant-based meats could be targeted by an unprincipled, politicized application of ultra-processed food research.

Vegans and the products associated with them make an easy punching bag — for everyone from RFK Jr. to universities chasing media coverage to news outlets seeking reader eyeballs — because they make people feel bad about eating meat. It’s easier to write off meat alternatives as weird and synthetic than it is to reckon with the environmental and ethical degradation of animal agriculture. But the vilification of these foods, as ever, is not based in well-founded fears about their health effects. It’s really just about the vibes.

Shit America Health Insurance... Bang Bang....

America’s Health Insurance Crisis in Six Charts

Rising costs, soaring profits, inadequate coverage, and crushing debt.

Michael Mechanic

Earlier this month, the Commonwealth Fund published the results of its biannual survey on the state of health insurance coverage in the United States. Good timing, given the recent uproar over the business conglomerates that dominate the sector and seem to be more concerned with maximizing investment returns than ensuring the health and wellbeing of their customers.

Despite the Commonwealth Fund’s mission—to “promote a high-performing, equitable health care system that achieves better access, improved quality, and greater efficiency, particularly for society’s most vulnerable”—its agenda is decidedly nonpartisan. I recently talked to a doc from Physicians for a National Health Program who made a good case for abolishing for-profit insurers entirely.

Commonwealth doesn’t quite go there. Although the survey report says public options should be made available, the primary policy recommendations involve bolstering Medicaid, the federally funded public insurance program for low-income Americans (the incoming administration appears likely to do the opposite)—and protecting consumers from medical debt. (Ditto.) But the findings “show pretty clearly that commercial insurance is not enabling timely and  affordable access to health care without fear of medical debt for millions of people,” one of the authors, Sara Collins, told me in an email.  

Indeed, it’s hard to look at these six charts—five of which are derived from the Commonwealth report—and not conclude that something is rotten in Washington and on Wall Street. The Affordable Care Act, which Republican lawmakers very nearly repealed during the first Trump administration, has cut the number of uninsured Americans in half, to 26 million last year, or roughly 1 in 12 people. (This number will certainly rise if Congress fails to renew enhanced ACA premium subsidies put in place during the Biden administration, which are set to expire in 2025.)

But when you factor in the number of underinsured Americans and the number of people carrying medical debt, even the current state of health coverage is far from ideal. The Commonwealth surveys were conducted this spring with 6,480 people, ages 19 to 64, who for the most part rely largely on commercial plans obtained through their work or via the ACA exchanges.


It also turns out that even being insured (and not underinsured) doesn't leave you in the clear. ("We don’t use the term 'fully insured,'" explains Collins.) The term "underinsured" is for people whose annual out-of-pocket costs (not including premiums) add up to more than 10 percent of their household income—or half that for a family of four that makes less than $60,000. You are also underinsured if your deductible, the amount you have to pay before coverage kicks in, is at least 5 percent of your household income. Growth in the number of underinsured people, Collins notes, "has been driven by growth in the proliferation and size of deductibles, especially in employer plans."

According to the Kaiser Family Foundation, average annual out-of-pocket medical costs, adjusted for inflation, have more than doubled since 1970, to $1,425 per person in 2022. And remember that healthy people don't pay nearly so much. It's the sicker folks who face the high out-of-pocket costs. In fact, roughly a quarter of insured people with certain chronic health conditions said they were skipping doses of medications their doctors prescribed, or hadn't gotten prescriptions filled, because of the cost.


Given the above, it shouldn't be surprising that lots of people who thought they were adequately insured have found themselves in debt to hospitals, medical and dental care providers, financial institutions, and bill collectors. The numbers are, of course, higher for uninsured and underinsured people.

The sums are not paltry, as the Commonwealth survey found. More than one-fifth of the people with medical debts owed at least $5,000. 


And as anyone who has been in such a situation knows, the albatross of debt puts a serious crimp on a body's well-being. 



But hey, at least somebody is doing well: executives and shareholders.



December 19, 2024

Sprawling racketeering conspiracy case

Georgia appeals court disqualifies Fulton County DA Fani Willis from prosecuting Trump

By Katelyn Polantz, Hannah Rabinowitz and Sara Murray

A Georgia Court of Appeals on Thursday disqualified Fulton County District Attorney Fani Willis from prosecuting the case against President-elect Donald Trump and his alleged co-conspirators over their efforts to overturn the 2020 election.

The long-awaited decision, in a state criminal case against Trump that was already on hold, raises questions about whether the case can move forward in court. The appeals court found that Willis’ office can’t prosecute the case, so a new special prosecutor would need to be appointed for the case to continue.

The appeals court found that a “significant appearance of impropriety” was enough to potentially taint the case in the public eye. The appellate court decided, however, it wouldn’t dismiss the sprawling racketeering conspiracy case entirely.

“While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” the court wrote in Thursday’s opinion.

The court added: “We cannot conclude that the record also supports the imposition of the extreme sanction of dismissal of the indictment.”

Willis will continue to fight to stay on the case, as her team has asked the state’s Supreme Court to review the appeals court’s decision. CNN has reached out to her office for comment.

Trump and some of his co-defendants have been trying to get Willis, a Democrat, disqualified from the case because of a romantic relationship she had with Nathan Wade, the special prosecutor she hired to help handle the case. The defendants argued that Willis financially benefited from the relationship with Wade, who defense attorneys say covered several vacations for the pair.

Ruling reviewed decision that allowed Willis to stay on case

In their 2-1 majority opinion, Judges Trenton Brown III and Todd Markle wrote that trial judge Scott McAfee’s March ruling allowing Willis to continue on the case “did nothing to prevent an ongoing appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”

Judge Benjamin Land, however, wrote in his dissent that the majority overstepped its authority in overturning McAfee’s ruling.

To make their decision, the panel of three appeals judges could only review McAfee’s ruling. They could not independently review any of the allegations that Trump or his co-defendants made about Willis’ alleged affair with Wade or details of her financial gain. Willis denies benefiting financially from the case and claims her relationship with Wade did not influence her decision to prosecute.

“It is not our job to second guess trial judges or to substitute our judgement for theirs,” Land wrote in his dissent.

“We should resist the temptation to interfere with that discretion, including its chosen remedy, just because we happen to see things differently,” he continued. “Doing otherwise violates well-established precedent, threatens the discretion given to trial courts, and blurs the distinction between our respective courts.”

Ashleigh Merchant, a defense attorney whose original court filing seeking to disqualify Willis set this chain of events in motion, praised the appeals court’s decision and said in a statement to CNN that Willis should have voluntarily recused herself months ago.

“Failing to do so put Judge McAfee in an untenable position,” said Merchant, who represents Mike Roman, a former Trump 2020 campaign official. “This failure of judgment is the exact reason Mr. Roman was forced to move to disqualify her in the first place, so we are thankful that the court agreed she should not be allowed to prosecute this case any further.”

Steve Sadow, Trump’s lead counsel in the case, said Thursday’s decision “puts an end to a politically motivated persecution of the next President of the United States.”

Steven Cheung, a Trump spokesman, said in a statement: “In granting President Trump an overwhelming mandate, the American People have demanded an immediate end to the political weaponization of our justice system and a swift dismissal of all the Witch Hunts against him. We look forward to uniting our country as President Trump Makes America Great Again.”

Additional legal proceedings to come

Further appeals could drag out the situation even more.

Trump and his co-defendants continue to challenge the case with several other legal arguments that are still being considered by McAfee in the trial court. That includes challenges that raise immunity around the presidency, and the ability of a state to bring a case that has some duplication with federal allegations against Trump that are now dismissed.

Willis previously signaled in post-election court filings that she intended to move ahead with her prosecution even as Trump is set to return to the Oval Office.

The Georgia Supreme Court sits above the Georgia Court of Appeals that ruled on Thursday, and could review Willis’ prosecutorial ability again, meaning she would not automatically be removed. The Georgia Court of Appeals canceled having oral arguments on Willis, and their ruling Thursday came as a surprise, with the court deciding only on the written papers and McAfee’s prior decision.

The Georgia case also marks the most significant legal exposure some of Trump’s top allies — including Rudy Giuliani and Mark Meadows — face for their efforts to try to overturn the 2020 presidential election.

Once all potential appeals are exhausted and the case is remitted back to Superior Court of Fulton County, under Georgia law, the case would automatically be reassigned to the Prosecuting Attorney’s Council of Georgia, a bipartisan collaboration of six district attorneys and three solicitor generals from across the state.

Executive Director Peter Skandalakis told CNN he would be responsible for “looking at the pool of candidates” to appoint a new attorney to oversee the case. The pool includes anyone licensed to practice in the state, meaning a new district attorney could be appointed, a private lawyer, the state attorney general or one of the members who sit on the council.

“Once I get it, I start the process of trying to find a conflict lawyer, and I look for somebody who has the resources and would be interested and actually willing to take on the case,” Skandalakis told CNN.

“It won’t be an easy lift,” he said.