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Supreme Court justices’ ideologies don’t always fit ‘liberal’ and ‘conservative’ labels

The ‘most divided’ Supreme Court ever may have been in 1941, when seven of the nine justices were New Deal supporters appointed by the same president,…

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Is justice – and are the justices – blind to partisan politics? Simple Images/Moment via Getty Images

When the Supreme Court is in the news for overturning a long-standing precedent or violating standard judicial ethics, the news is often accompanied by the description of one or more justices as liberal or conservative.

You’d think it would be easy to tell the difference between the two, but judicial scholars will tell you it’s more difficult than you might think. There’s more to the story than who appointed those justices and the labels given in the media.

The first scholar to really call attention to judges’ personal views, as measured by judicial ideology, was political scientist C. Herman Pritchett. In 1941, his study on the number of dissents in the court during that term revealed a wide range of decisions, despite the fact that seven of the nine were committed New Deal supporters who had been appointed by President Franklin D. Roosevelt. Explanations from the legal community, such as precedent, weren’t enough to explain the rulings.

Even though they were viewing the same facts and working with the same laws, “It may well have been the most divided court in Supreme Court history,” Pritchett wrote at the time. His work led to a wave of scholars searching for personal attitudes and judicial ideologies as a determinant of Supreme Court voting behavior.

Measuring ideologies

One contemporary analysis of Supreme Court justices is the “Martin-Quinn” measure of judicial ideology, calculated for every justice from 1937 to 2021, developed by political scientists Andrew D. Martin and Kevin M. Quinn.

Their research, and work by judicial scholar Lee Epstein, shows many cases where justices crossed traditional judicial ideologies on Supreme Court rulings in the 2021-22 term.

In June 2021, ABC News research “found 67% of the court’s opinions in cases argued during the term that ends this month have been unanimous or near-unanimous with just one justice dissenting.” The report cited Jeffrey Rosen of the National Constitution Center, who credited Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett for “the project of bipartisan unanimity” during the the 2020-21 term. And according to SCOTUSblog, an average of 48% of Supreme Court rulings from 2010 to 2018 were unanimous. Another 8% were nearly unanimous.

Scholars have noticed that labeling justices’ ideologies based upon their voting records in court rulings can involve flawed logic. Are judges labeled conservative or liberal based upon their judicial ideology or how they vote? Or is their judicial ideology determined by their voting record? It’s a chicken-and-egg question of which came first.

Times change

Another challenge with labeling justices’ views is that politics change over time. Today’s conservative may be yesterday’s liberal. For instance, analyzing the 1908 ruling in Muller v. Oregon, judicial politics authors Lee Epstein and Thomas G. Walker write, “the Supreme Court upheld a state law that set a maximum number on the hours women (but not men) could work.”

“How would you, as a twenty-first century student, view such an opinion?” Epstein and Walker write. “You probably would classify it as conservative because it seems to patronize and protect women. But in the context of the early 1900s, most considered Muller to be a liberal ruling because it allowed the government to regulate business.”

Making matters even more complicated, it’s not always clear-cut whether a ruling is conservative or liberal in its own time.

Take the Supreme Court’s 1992 decision in R.A.V. v. City of St. Paul, where the court considered the conviction of a person prosecuted under a local hate-crime ordinance for burning a cross outside a Black family’s home. The justices unanimously struck down that conviction, saying it unconstitutionally restricted free speech based on the content of that speech. A liberal could view this as a victory because free speech was upheld. A conservative could also claim victory because the ruling restricts the power of local governments.

Nine people in black robes, sitting in two rows against a red curtain.
The current Supreme Court is not always as split as its frequently cited 6-3 conservative majority might suggest. AP Photo/J. Scott Applewhite

Shifting considerations

Justices are not always easy to pigeonhole, either. For instance, Gorsuch votes along conservative lines on economic issues but on more liberal grounds on issues involving Native American rights.

Gorsuch joined four other conservative justices in the 2022 West Virginia v. Environmental Protection Agency decision striking down a power plant regulation because the EPA’s regulation exceeded the authority Congress had granted to the agency.

But he also wrote the majority decision in the 2020 ruling on McGirt v. Oklahoma, which upheld sovereignty promises the federal government made to several tribes in 19th century treaties.

The justices themselves often reject the idea of judicial partisanship. In an October 2018 speech, Roberts paraphrased Kavanaugh, saying, “We do not sit on opposite sides of an aisle, we do not caucus in separate rooms, we do not serve one party or one interest. … We serve one nation.”

A month later, then-President Donald Trump criticized Judge Jon Tigar of the U.S. District Court in Northern California as an “Obama judge,” because of who appointed him, in his ruling on migrants and asylum policies. Roberts again rejected the criticism: “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” he wrote in a statement to The Associated Press. “What we do have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

Whether you agree with Roberts or not, it’s clearly true that judges, over the courses of their careers, generally exhibit traits that are more nuanced than just “liberal” or “conservative.”

LaGrange College undergraduates Ema Turner and Jenna Pittman contributed to the research for this article.

John A. Tures does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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Low Iron Levels In Blood Could Trigger Long COVID: Study

Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate…

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Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate iron levels in their blood due to a COVID-19 infection could be at greater risk of long COVID.

(Shutterstock)

A new study indicates that problems with iron levels in the bloodstream likely trigger chronic inflammation and other conditions associated with the post-COVID phenomenon. The findings, published on March 1 in Nature Immunology, could offer new ways to treat or prevent the condition.

Long COVID Patients Have Low Iron Levels

Researchers at the University of Cambridge pinpointed low iron as a potential link to long-COVID symptoms thanks to a study they initiated shortly after the start of the pandemic. They recruited people who tested positive for the virus to provide blood samples for analysis over a year, which allowed the researchers to look for post-infection changes in the blood. The researchers looked at 214 samples and found that 45 percent of patients reported symptoms of long COVID that lasted between three and 10 months.

In analyzing the blood samples, the research team noticed that people experiencing long COVID had low iron levels, contributing to anemia and low red blood cell production, just two weeks after they were diagnosed with COVID-19. This was true for patients regardless of age, sex, or the initial severity of their infection.

According to one of the study co-authors, the removal of iron from the bloodstream is a natural process and defense mechanism of the body.

But it can jeopardize a person’s recovery.

When the body has an infection, it responds by removing iron from the bloodstream. This protects us from potentially lethal bacteria that capture the iron in the bloodstream and grow rapidly. It’s an evolutionary response that redistributes iron in the body, and the blood plasma becomes an iron desert,” University of Oxford professor Hal Drakesmith said in a press release. “However, if this goes on for a long time, there is less iron for red blood cells, so oxygen is transported less efficiently affecting metabolism and energy production, and for white blood cells, which need iron to work properly. The protective mechanism ends up becoming a problem.”

The research team believes that consistently low iron levels could explain why individuals with long COVID continue to experience fatigue and difficulty exercising. As such, the researchers suggested iron supplementation to help regulate and prevent the often debilitating symptoms associated with long COVID.

It isn’t necessarily the case that individuals don’t have enough iron in their body, it’s just that it’s trapped in the wrong place,” Aimee Hanson, a postdoctoral researcher at the University of Cambridge who worked on the study, said in the press release. “What we need is a way to remobilize the iron and pull it back into the bloodstream, where it becomes more useful to the red blood cells.”

The research team pointed out that iron supplementation isn’t always straightforward. Achieving the right level of iron varies from person to person. Too much iron can cause stomach issues, ranging from constipation, nausea, and abdominal pain to gastritis and gastric lesions.

1 in 5 Still Affected by Long COVID

COVID-19 has affected nearly 40 percent of Americans, with one in five of those still suffering from symptoms of long COVID, according to the U.S. Centers for Disease Control and Prevention (CDC). Long COVID is marked by health issues that continue at least four weeks after an individual was initially diagnosed with COVID-19. Symptoms can last for days, weeks, months, or years and may include fatigue, cough or chest pain, headache, brain fog, depression or anxiety, digestive issues, and joint or muscle pain.

Tyler Durden Sat, 03/09/2024 - 12:50

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Walmart joins Costco in sharing key pricing news

The massive retailers have both shared information that some retailers keep very close to the vest.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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Walmart has really good news for shoppers (and Joe Biden)

The giant retailer joins Costco in making a statement that has political overtones, even if that’s not the intent.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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