The Tap: Wednesday, October 5, 2016

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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

Review of the day

The excerpts below were compiled from issue #37 of The Tap, which was published on October 8, 2016. READ THE FULL VERSION HERE.

Federal

• The editors of The Atlantic endorsed Hillary Clinton for president. The magazine, which was founded in 1857, has only endorsed two other presidential candidates: Abraham Lincoln in 1860 and Lyndon B. Johnson 1964. "In its founding statement, The Atlantic promised that it would be 'the organ of no party or clique,' and our interest here is not to advance the prospects of the Democratic Party, nor to damage those of the Republican Party. If Hillary Clinton were facing Mitt Romney, or John McCain, or George W. Bush, or, for that matter, any of the leading candidates Trump vanquished in the Republican primaries, we would not have contemplated making this endorsement. We believe in American democracy, in which individuals from various parties of different ideological stripes can advance their ideas and compete for the affection of voters. But Trump is not a man of ideas. He is a demagogue, a xenophobe, a sexist, a know-nothing, and a liar. He is spectacularly unfit for office, and voters—the statesmen and thinkers of the ballot box—should act in defense of American democracy and elect his opponent," the editors wrote.

• The Nation also endorsed Hillary Clinton. The editors wrote that although Clinton "isn't a perfect ally" for progressive social movements in the U.S. like Occupy Wall Street and the Fight for $15, "[o]n almost every issue you can think of, Clinton is so much better than Trump that comparison seems like a meaningless exercise."
  • See also: 2016 presidential candidates on Wall Street and banking policy and labor and employment

• NextGen Climate, an environmental advocacy organization founded by billionaire Tom Steyer, has expanded its reach to 300 campuses in 12 battleground states with the purpose of educating young voters about the differences between Hillary Clinton and Donald Trump on climate change. The pro-Clinton group "is also doing persuasion work related to U.S. Senate races and other contests," according to The Washington Post. Steyer has contributed $38 million dollars in contributions to super PACs this presidential cycle. His political contributions for various election activities topped more than $70 million in the 2014 election cycle.

• The Trump campaign released a statement on the Paris Climate Accord after it was announced that the international climate change deal would go into effect on November 4, 2016. The Trump campaign called it a “bad deal” that will “impose enormous costs on American households through higher electricity prices and higher taxes.” The statement went on to say, "As our nation considers these issues, Mr. Trump and Gov. Pence appreciate that many scientists are concerned about greenhouse gas emissions. We need America's scientists to continue studying the scientific issues but without political agendas getting in the way. We also need to be vigilant to defend the interests of the American people in any efforts taken on this front." The Paris Climate Accord seeks to reduce emissions and fund climate mitigation projects in developing countries.
  • See also: 2016 candidates on climate change

• In an interview with The New York Times, Gary Johnson compared the targeting of civilians by the Syrian government in that country’s civil war to the bombing of a hospital by U.S. forces in Afghanistan. Asked if he saw a “moral equivalence” between deaths caused by the U.S. and the Syrian government, the Times reports that Johnson responded “sarcastically,” saying, “Well no, of course not — we’re so much better than all that. We’re so much better when in Afghanistan, we bomb the hospital and 60 people are killed in the hospital.” He also suggested that Hillary Clinton bears “shared responsibility for what’s happened in Syria,” adding, “I would not have put us in that situation from the get-go.”
  • See also: 2016 candidates on foreign affairs

• A Quinnipiac University poll of Florida’s U.S. Senate race released Wednesday showed incumbent Marco Rubio (R) leading Rep. Patrick Murphy (D) 48-44. Rubio has consistently led in polls by a small margin since his entry into the race.

• The U.S. Supreme Court heard argument in three cases.
• In Salman v. United States, the court reviewed the appropriate standard for federal courts in order to prove someone obtained a “personal benefit” as part of an insider trading scheme.
• In Buck v. Davis, the court examined if the Fifth Circuit Court of Appeals’ requirements for obtaining a certificate of appealability—a procedural requirement certifying that an appellant has made a substantial showing of a constitutional right—were “unduly burdensome.” Buck alleged that he had ineffective assistance of counsel (IAC) at his sentencing for capital murder and that his death penalty conviction must be vacated.
• In Manuel v. City of Joliet, the court reviewed the Seventh Circuit Court of Appeals’ rationale for prohibiting malicious prosecution claims under the Fourth Amendment. Ten other federal circuit courts permit malicious prosecution under the Fourth Amendment, but the Seventh Circuit does not unless all existing remedies under state law are first exhausted.
  • For full details on the Supreme Court’s 2016 term, click here.

• The State Department issued a statement criticizing Israel’s proposal to construct a new settlement and industrial zone in the West Bank. Deputy State Department spokesperson Mark Toner said in a statement, “We strongly condemn the Israeli government's recent decision to advance a plan that would create a significant new settlement deep in the West Bank. … Proceeding with this new settlement is another step towards cementing a one-state reality of perpetual occupation that is fundamentally inconsistent with Israel's future as a Jewish and democratic state. Such moves will only draw condemnation from the international community, distance Israel from many of its partners, and further call into question Israel's commitment to achieving a negotiated peace.”

• On August 27, 2016, Harold Thomas Martin, a government contractor who worked for the NSA, was arrested during an FBI raid on his home and charged with theft of government property and unauthorized removal of classified materials, according to court papers that were unsealed on Wednesday. Martin worked for Booz Allen Hamilton Holding Corp., the same company that employed Edward Snowden, who leaked stolen government records in 2013. According to The Wall Street Journal, Martin’s arrest “followed a probe launched in August after an entity calling itself Shadow Brokers claimed online to have a large cache of files that appeared to be NSA spying tools, and said it was looking to sell the information. Such programs are used to penetrate computer systems of foreign governments like Russia and China, according to officials familiar with the matter, and for that reason are among the NSA’s most closely held secrets.” Officials are unsure why Martin stole the information. The investigation in ongoing.

• Federal judges at the U.S. Court of Appeals for the District of Columbia Circuit reviewed a request from the Standing Rock Sioux Tribe to block construction along a section of the Dakota Access Pipeline. The Dakota Access Pipeline is an approximately 1,170-mile, $3.8 billion crude oil pipeline stretching from North Dakota to Illinois. Construction on the pipeline is 60 percent complete. The construction site in question is near Lake Oahe in South Dakota and includes land with cultural and historical artifacts that the tribe considers important. In court, the Standing Rock Sioux Tribe accused the Army Corps of Engineers, which approved the project, of not sufficiently consulting with the tribe before approving permits for the pipeline. The Corps argued back that the agency adequately consulted with the tribe. On September 9, 2016, a federal judge blocked an injunction requested by the tribe; the injunction would have halted construction on the pipeline. In response, the Army Corps said it would not authorize the pipeline's construction on Corps lands while the agency reconsiders the pipeline's permit.

• The United Nations announced that the Paris Agreement on climate change reached the threshold necessary to formally take effect on November 4, 2016. President Barack Obama praised the announcement, saying, “If we follow through on the commitments that this Paris agreement embodies, history may well judge it as a turning point for our planet.” The United States was one of more than 200 countries that signed the agreement, a non-binding treaty approved in December 2015. The agreement’s long-term goal is to keep any increase in the average global temperature below 2 degrees Celsius (3.6 degrees Fahrenheit) by the year 2100. Each country that signed the agreement pledged to reduce its greenhouse gas emissions by adopting an emissions target determined by that country’s government. According to The Wall Street Journal, “The deal doesn’t legally require countries to curb emissions or take other steps on climate change—in the U.S. that would have likely required ratification by the Senate, which President Barack Obama was unlikely to get—but it does require countries to release their targets and report emissions.”

State

• The Republican State Leadership Committee (RSLC) released the first two rounds of their “16 in ‘16: Races to Watch” list. These lists each highlighted 16 Republican candidates in 16 races that the GOP decided to target on November 8, 2016. Out of the 32 races listed, 27 are state legislative races—12 in state senates and 15 in state houses. The other five races on the list are state executive races. New Mexico has the most races on the list—five of them.
• The Democratic Legislative Campaign Committee (DLCC) released the first two rounds of their "Essential Races" list. The lists highlight 30 Democratic candidates in 30 races that Democrats are targeting. Out of the 30 races listed, 11 are state senate races and the other 19 are state house races. Colorado, Iowa, Kentucky, Michigan, and New Mexico have the most races on the list—three each.
• Massachusetts Superior Court Judge Heidi Brieger dismissed a lawsuit challenging the constitutionality of the cap on charter schools in the state, thereby maintaining the current cap limit until voters decide on Question 2 in November. Opponents of the measure argued that the judge’s ruling supported the notion that lifting the cap would be harmful to students in traditional public schools, while supporters argued that the decision was reflective of the problems with the status quo in that some students are “shut out” from quality education. If the measure is approved, the approval of 12 new charter schools or expansion of existing charter schools would be allowed each year, starting in January 2017. Question 2 is one of four measures that will appear on the ballot in Massachusetts on November 8, 2016.
• New York State Assembly Speaker Carl Heastie (D) wrote a letter to the New York State Commission on Legislative, Judicial and Executive Compensation asking for a pay raise from $79,000 per year to $116,900, or a 47 percent raise, for all New York state legislators. In his letter, Heastie argued that legislators must contend with the same monetary stressors that their constituents face, such as rising cost of living, loan debt, and other living expenses. He also stressed that the salary of state legislators had not been raised since 1999 and that lawmakers living in downstate New York City face particularly large challenges in paying bills because of the higher cost of living relative to those legislators living in upstate New York. Assemblyman Gary Finch (R-126) came out against the proposal, arguing that, although he believed legislators should get a raise, the 47 percent increase proposed by Heastie was “borderline outrageous” and “a little bit unbelievable.” Compared to state legislative salaries across the country, New York legislators currently earn the third-highest salary. California legislators earn the most at $100,113 per year.
• Major party candidates for governor of New Hampshire debated at New England College. Executive Councilors Colin Van Ostern (D) and Chris Sununu (R) differed widely on a range of topics including the minimum wage, gun control, and the opioid addiction epidemic. Van Ostern also supported Medicaid expansion while Sununu questioned the state's ability to fund the expansion. Van Ostern criticized Sununu's record of voting against granting state contracts to Planned Parenthood providers; Sununu stated the move was in response to Governor Maggie Hassan’s (D) refusal to investigate the organization for alleged trafficking of fetal body parts. Hassan declined to seek re-election this year in favor of a bid for a U.S. Senate seat. The gubernatorial race is currently rated "Toss-up." New Hampshire has had a divided government since 2011. If Democrats lose the governorship in 2016, Republicans may win trifecta control of the state. Alternatively, if Democrats retain the governorship and pick up majorities in the state Senate and House—both are battleground chambers in 2016—Democrats could gain a trifecta.

Local

• In Minneapolis, a study of the proposed $15 minimum wage was released. The report, led by the Roy Wilkins Center for Human Relations and Social Justice at the University of Minnesota, investigated the potential economic impact of both a $12 and a $15 minimum wage in the Minneapolis area. According to the report, a $15 minimum wage would increase pay for workers with minimal impact on local businesses. In restaurants, the study found that a $15 minimum wage could cause the number of employees in the industry to drop between 0 and 3.3 percent. A concurrent rise in employee earnings could be as high as 28 percent, with a 5 percent increase in food costs. A higher minimum wage would affect around 71,000 workers employed in the Minneapolis restaurant, retail, non-hospital health care, and administrative support service industries. According to the study, about half of these workers would be members of a minority group. Members of the Minneapolis City Council and local business leaders were skeptical of the study’s findings. Matt Perry, president of the Southwest Business Association, noted that the study did not account for the ease of relocating a business to a surrounding area with a lower minimum wage. Minimum wage activists, including Neighborhoods Organizing for Change, were pleased with the findings and pointed to the report’s thoroughness and the economic credentials of its authors. Minneapolis is the largest city in Minnesota and the 46th-largest city in the U.S. by population.
  • The debate over a $15 minimum wage in Minneapolis began earlier in 2016:
    • On July 28, 2016, the city council proposed letting voters decide on a $15 minimum wage. City Attorney Susan Segal advised the council not to place the issue on the November ballot. Segal said that the proposal was an ordinance, not a charter amendment, and could not be decided by voters.
    • On August 10, 2016, the city council decided to block the proposal to add a $15 minimum wage vote to the ballot on November 8, 2016. Minimum wage supporters filed a legal complaint against the city asking the Hennepin County District Court to reverse the decision. The case was referred to the Minnesota Supreme Court for review.
    • On August 31, 2016, the Minnesota Supreme Court unanimously ruled that a $15 minimum wage proposal could not go before Minneapolis voters on the ballot on November 8, 2016. The court released an opinion stating that the Minneapolis city charter does not grant citizens the right to vote on policy decisions. Instead, full power over policy is vested with the city council. Ginger Jentzen, director of the minimum wage advocacy group 15 Now, expressed frustration over the decision. According to Jentzen, months of activism had created support for the higher minimum wage on the city council. While Mayor Betsy Hodges (D) expressed tentative support for a minimum wage increase, the Minneapolis Regional Chamber of Commerce interim president supported only state-level minimum wage reform, not changes at the city level.
  • Los Angeles, San Francisco, Seattle, and Washington D.C. have all begun the implementation of a $15 minimum wage.
    • Two more cities—Miami Beach and San Diego—approved smaller minimum wage hikes in June 2016. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with additional increases over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I by more than 63 percent of the vote, which will increase the city’s minimum wage to $11.50 in January 2017. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.

Preview of the day

The excerpts below were compiled from issue #36 of The Tap, which was published on October 1, 2016. READ THE FULL VERSION HERE.

Federal

• The U.S. Supreme Court will hear argument in three cases.
  • In Salman v. United States, the court will review what the appropriate standard for federal courts should be in order to prove someone obtained a “personal benefit” as part of an insider trading scheme. The federal appeals courts are split on the appropriate standard.
  • In Buck v. Davis, the court will determine if the Fifth Circuit Court of Appeals’ requirements for obtaining a certificate of appealability—a procedural requirement certifying that an appellant has made a substantial showing of a constitutional right—are “unduly burdensome.” Buck alleges that he had ineffective assistance of counsel (IAC) at his sentencing for capital murder and that his death penalty conviction must be vacated.
  • In Manuel v. City of Joliet, the court will consider whether the Seventh Circuit Court of Appeals’ rationale for prohibiting malicious prosecution claims under the Fourth Amendment can stand. Ten other federal circuit courts permit malicious prosecution under the Fourth Amendment, but the Seventh Circuit does not unless all existing remedies under state law are first exhausted.