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What Gorsuch will do and Biden won’t: condemn the Insular Cases

During labor strikes in Puerto Rico at the end of World War I, journalist and organizer Jesús M. Balzac published two editorials criticizing the island’s white Kentucky-born governor, Arthur Yager. Balzac wrote:

“… in order that privileges and classes may be suppressed … in order that this century and its people may soon rise from abjection … we pledge our lives at the altar of liberty and democracy.”

For these fiery articles in which he also called the governor a “tyrant,” a “dictator” and “the diabolical incarnation of despotism,” Balzac was sentenced to five months in prison for libel—following a trial with no jury. His lawyer argued that as a U.S. citizen, Balzac’s First and Sixth Amendment rights had been violated.

In April 1922, the U.S. Supreme Court denied Balzac the right to a jury trial. It held that because Puerto Rico was an “unincorporated” territory of the United States, not all constitutional rights applied there. And today, an entire century later, residents of the territories are still having their rights selectively limited in this way: the court recently denied them Supplemental Security income by a vote of 8-1, and it will soon consider whether they are guaranteed birthright citizenship by the 14th Amendment.

Balzac v. Porto Ricowas the last in a series of controversial Supreme Court decisions known as the Insular Cases that set the stage for where we are today. Although these cases rest on archaic, offensive and explicitly racist reasoning, the government still relies on them to enforce the status quo: that residents of the territories do not enjoy the same freedoms as anyone else in the United States. We, as the leaders of the ACLU, the NAACP Legal Defense & Educational Fund (LDF) and LatinoJustice PRLDEF, call on the Biden administration to — at last — publicly condemn them.

The Insular Cases are a relic of a colonial past and a stain on President Biden’s racial equity agenda. Billed by legal scholar Sanford Levinson as “central documents in the history of American racism,” their doctrine is a key reason the United States stopped adding stars to the flag after Hawaii and Alaska in 1959. It cemented in law that the inhabited islands annexed by the United States for economic control of the oceans — American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands — would not have the Constitution’s full protection because their residents were, as Justice Henry Billings Brown wrote in the leading Insular Case, Downes v. Bidwell, “alien races, differing from us.”

To explain its view, the court declared that the “unincorporated” territories — whose residents are almost entirely Latino, Afro-Caribbean, Pacific Islander, or otherwise non-white — were “foreign in a domestic sense,” distinct from those territories such as Oklahoma and New Mexico that Congress considered destined for statehood. It is no coincidence that Downeswas decided by virtually the same court that ruled in Plessy v. Ferguson that Black people could be “separate but equal” under the law.

Although it has been almost 70 years since Plessywas overturned in Brown v. Board of Education, a case brought by LDF, the Insular Cases remain law today. Justice Neil Gorsuch, even while concurring  in U.S. v. Vaello-Madero to deny Supplemental Security Income to residents of Puerto Rico, called on the court to finally “recognize that Insular Cases rest on a rotten foundation.” He wrote that their flaws, among them their basis in “ugly racial stereotypes,” were “as fundamental as they are shameful.” Separately in dissent, Justice Sotomayor agreed: she wrote that the decisions were “premised on beliefs both odious and wrong.”

Although the Biden administration tried to distance itself from the Insular Casesat argument for Vaello-Madero, it relied on them in the lower courts for Fitisemanu. In their 10th Circuit brief, the government cited the Downes opinions that call residents of the territories “an uncivilized race” whose members are “absolutely unfit to receive [citizenship]”.

That the Insular Cases result in an à la carte Constitution through which fundamental rights are afforded to some under U.S. jurisdiction but denied to others is dangerous in its own right, and residents of the territories have borne the brunt of this inequity. Same-sex couples in American Samoa remain unable to get married, despite the historic decision in Obergefell v. Hodgesin 2015. Certain Fourth Amendment protections against warrantless search and seizures do not apply in the U.S. Virgin Islands. And in a particularly tragic case, twins who suffered from a debilitating and incurable muscular disorder had very different end-of-life experiences: one sister was eligible for federal benefits because she lived in the continental United States, while her twin received nothing because she lived in Guam.

By undermining the bedrock of our legal system, arguments that rely on the Insular Cases also set attractive precedent for groups that want to exclude people of color from our democracy. It is foreboding that an anti-immigrant coalition filed a friend-of-the-court brief in a case similar to Fitisemanu, with the apparent objective of undermining the Constitution’s guarantee of birthright citizenship altogether.

Constitutional rights must be guaranteed to all persons in the United States regardless of race and geography. Each territory should have the ability to self-govern if they so choose, but as long as they remain subject to our governance, a resident of Guam, the U.S. Virgin Islands or the Northern Mariana Islands should have the same rights as someone living in Wyoming, Texas or New Jersey. The notion that territories could be “foreign in a domestic sense” was cribbed from European colonialists to serve American interests without regard for the islands’ residents. Doing away with these relics of our colonial past is an essential first step to redressing past damage.

We urge the Biden administration, in the name of liberty, democracy and racial equity, to finally condemn the Insular Cases.

Anthony Romero is executive director of the ACLU, Lourdes Rosado is president of Latino Justice and Janai Nelson is president of NAACP LDF.

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Ukraine marks tense Independence Day hoping for more US help against Russia

KYIV, Ukraine – Ukraine will mark a tense Independence Day on Wednesday — an anniversary that also represents the six-month mark since a Russian invasion plunged the country into a war for its survival.    

Ukrainians are resolute and determined to continue the fight, but the threat of heavy bombardment and the uncertainty of the war’s direction weighs heavily on the population.  

Russian strikes and violence on Independence Day are a distinct possibility. Kyiv has banned public celebrations given stepped up attacks by Russia against Ukraine’s civilian population and military targets.  

Ukrainian officials and international diplomats have been advised to telework on Wednesday given the increased threats, while the State Department has warned Americans in the country to depart immediately.  

Interviews conducted with Ukrainian commanders near front line positions and with Ukrainian and international officials in Kyiv suggest the war has reached a critical crossroads six months after Russian forces first invaded on Feb. 24.    

The war could drag on into at least the next year, pinning Ukraine’s hopes this Independence Day on continued support from the United States, where the conflict has faded to an extent from the news cycle. Questions also have been raised about how the midterm elections might impact U.S. support, which so far has largely been bipartisan. 

“The fate of Europe rests on 25 HIMARS, and 200 extra Howitzers,” Oleksii Arestovych Arestovych, an adviser to the office of Ukrainian President Volodymyr Zelensky, said in an interview with The Hill in Kyiv on Tuesday, referring to the U.S.-provided High Mobility Artillery Rocket Systems that have emerged as a key part of the U.S. assistance.

“Maybe it will sound very standard, but it’s from the bottom of my heart: we are extremely grateful to [the United States]. … Many people are saying we’re brave fighters, and that’s the truth – but we wouldn’t exist already if there was no support from the U.S. Literally, the U.S. saved and is saving Ukraine. It’s not a metaphor, it’s a clear truth.”

An estimated 16 U.S.-delivered HIMARS are in Ukraine and being used to devastating effect, according to Ukrainian and U.S. officials. Arestovych said that in 10 days, Ukrainian forces managed to take out 50 Russian arms depots using the weapons. 

Ukrainians also have been buoyed by key military successes that have disrupted the Russian military’s sense of security behind its offensive line. These include sabotage and subterfuge; the destruction of arms depots, military supply lines and command and control posts; and the killing of top Russian military officials, although not all attacks have been confirmed as being carried out by Ukraine.

Tensions were inflamed this week when a car bomb in Moscow killed the daughter of a prominent Russian nationalist. Russia has accused Ukraine of being behind the attack, which Kyiv has denied.

Overall, Ukrainians are battling exhaustion and fatigue. Soldiers are killed or wounded daily in the grind of front line fighting and civilians all over the country live under constant threat of Russian missile attacks.   

The losses on both sides are difficult to pinpoint because neither side has consistently provided casualty figures. The commander of Ukraine’s military said this week that some 9,000 Ukrainian soldiers have died in the invasion.  Russia has suffered heavy losses – an estimated 70,000 Russian troops are believed wounded or killed in the fighting, according to U.S. figures.   

According to the United Nations, over 5,500 civilians have been killed and nearly 8,000 injured in Ukraine since the start of the war, though those figures are likely undercounted.   

While Ukraine’s air defense system has improved in its ability to intercept attacks, daily air raid sirens implore Ukrainians to seek shelter as the few Russian rockets that make it through inflict immense and devastating damage.    

In Mykolaiv, a southern river-port city, Russian missiles struck buildings of the Black Sea University twice in two days – on August 16 and 18 – ripping off the face of the entrance and shattering the windows of small houses across the street. On a visit by The Hill a day after the attack, the damage was so fresh a computer monitor dangled from its power cord from a second story, still attached to the outlet ripped from the wall.

The Ukrainian defense looks to be approaching a crescendo for a counter-offensive in the South, centered around the river city of Kherson. Retaking Kherson would allow Ukraine’s armed forces to better hit Russia’s military bases in the occupied Crimean Peninsula and Moscow’s fleet in the Black Sea.    

“What we are witnessing now is a war of attrition, and the front line has moved very little over the last couple of weeks,” the European Union’s ambassador to Ukraine, Matti Maaskikas, said in an interview with The Hill from his office in Kyiv on Tuesday.     

“Whereas Ukrainians are increasingly capable of hitting targets way behind the front line, that has an effect on the Russian logistics, first of all, but should have an effect on Russia’s morale.”

He also said attacks on Crimea, which Russia invaded and then annexed from Ukraine in March 2014, are having an effect.    

“I mean, Crimea was considered safe. Crimea was boosted to be an unsinkable flagship carrier. Ain’t no more,” Maaskikas said.   

Moscow has failed in its primary objective to decapitate Kyiv and subsume the Ukrainian people. But Russian President Vladimir Putin has continued his military campaign, focusing on the eastern parts of the country that border Russia. The White House warned last month that Moscow was laying the groundwork to try to annex more Ukrainian territory, possibly in timing with September regional elections in Russia.  

Zelensky has said he wants to retake all territory occupied by Russia, including the Donbas and Crimea, though he also said he was open to negotiations.  

Arestovych said that Russia must be dealt a serious military defeat before any fruitful negotiations can take place.

“If we defeat them, if they lose in two, three major battles on the battlefield they will be much easier to talk to during the negotiations, and then we will have a real chance to have a proper agreement with them,” he said. 

“Without such, two, three, four major losses on the battlefield, they will try to relaunch the same activities.”

Arestovych said he is following how Ukraine is covered in western and international media, and has noted how it often falls in priority to domestic stories.

He noted that President Biden announced $775 million in new U.S. assistance to Ukraine last week on the same day that Turkish President Recep Tayyip Erdoğan visited with Zelensky in Lviv.

“It was a sign of the real American position. I don’t see America getting tired of the situation in Ukraine,” he said.

The Associated Press reported on Tuesday that the U.S. is prepared to announce an additional roughly $3 billion in security aid to train and equip Ukrainian forces for what may be a long fight.

Ukrainian fighters in interviews near the front lines echo the calls for more HIMARS from the U.S.

In a small village near the front line with Kherson, “Chute,” a Ukrainian battalion commander identified by his call-sign, told The Hill that the increased focus of Ukrainian troops on the southern front has forced Russia to redirect its resources and move its troops away from the battlefield in the east.

“For us, it becomes easier to control the front line,” he said through a translator.

He added that 50 HIMARS would help in strengthening Ukrainian forces — about 20 have arrived in the country — and that more missiles are needed.

Chute said his battalion has held the front line for three weeks and has tried to push the Russians back, “but the problem was the feeling that we don’t have enough artillery, they have more,” he said. Russian strikes along the front line are imprecise, but he said they make up for this with massive quantities of artillery volleys.    

“Every day there is an incident” at the front line, he said, alluding to soldiers killed and wounded.    

He said with more Western-provided precision weaponry, alongside the necessary electronic and surveillance warfare being conducted through drones, his battalion could carry out more successful hits of Russian tanks, armored personnel carriers and stockpiles.   

“We just need the high precision weapons. It’s hard for us to hit, directly, the Russian ammunition because we have just a few high-precision weapons. We understand that it’s expensive, but it pays for itself. And our people are highly motivated, they are ready.”    

Morgan Chalfant contributed    

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Democratic Senate candidates in key states launch joint fund to split donations

Democratic Senate candidates seeking to flip five key swing states are joining financial forces with the “Flippable Five Fund,” which will allow donors to split campaign contributions evenly among the quintet of candidates.

Reps. Tim Ryan (D-Ohio) and Val Demings (D-Fla.), Pennsylvania Lt. Gov. John Fetterman (D), Wisconsin Lt. Gov. Mandela Barnes (D) and former North Carolina Supreme Court chief justice Cheri Beasley (D) are all involved.

“A 50/50 Senate is not cutting it,” Bustos wrote on Twitter Monday.

The North Carolina Democrat said the five races “are Democrats’ best chance to pick up seats this November and bring change to Washington.”

The program’s launch comes as Democrats are becoming more optimistic about their chances of expanding their Senate majority in November. The upper chamber is currently split 50-50, but Democrats have a slim majority with Vice President Harris’ tie-breaking vote.

According to FiveThirtyEight, Democrats are currently favored to win the majority of the Senate over Republicans, 63 percent to 37 percent.

One of the most closely watched Senate races this cycle has been Fetterman’s battle against Republican Mehmet Oz in the Keystone State to replace retiring Sen. Pat Toomey (R-Pa.).

Fetterman has a healthy lead over Oz, 49.3 percent to 38.9 percent, according to FiveThirtyEight’s average. Last week, the nonpartisan Cook Political Report switched the race from “toss up” to “lean Democrat.”

In Ohio, Ryan — a nine-term congressman from the Buckeye State — is running against “Hillbilly Elegy” author and venture capitalist J.D. Vance, who received former President Trump’s endorsement during a fierce primary. The two men are vying to replace Sen. Rob Portman (R-Ohio), who is retiring at the end of this term.

Ryan currently has a slight lead over Vance, according to FiveThirtyEight’s average, 44.8 percent to 43.8 percent. Cook Political Report says the races is “lean Republican.”

Demings, who has served in the House since 2017 and previously served as chief of the Orlando Police Department, is looking to oust Sen. Marco Rubio (R-Fla.) from his perch representing the Sunshine State in the upper chamber.

Rubio is currently leading Demings 48.6 percent to 42.8 percent, according to the Real Clear Politics Average, but a poll released by the University of North Florida’s Public Opinion Research Lab last week showed Demings up by four. The Cook Political Report rates the races “lean Republican.”

In Wisconsin, Barnes is challenging Sen. Ron Johnson (R-Wis.) for his seat in the upper chamber. Two polls last week showed Barnes, a progressive, outpacing Johnson. The race is labeled “toss up” by Cook Political Report.

And in North Carolina, Beasley is running against Republican Rep. Ted Budd (N.C.) to replace retiring Sen. Richard Burr (N.C.). The two are neck-and-neck in FiveThirtyEight’s average, with Beasley ahead of Budd by 0.1 percent, 44 percent to 43.9 percent. The Cook Political Report currently rates the seat “lean Republican.”

Republicans, including Senate Minority Leader Mitch McConnell (R-Ky.), were confident last year that the upper chamber would flip red in November, citing President Biden’s poor approval ratings and the historical trend of the party not in control of the White House — in this case the GOP — winning seats in midterm elections.

But in recent weeks, McConnell has changed his tone, asserting that the Senate breakdown following the November races will be close.

Last week, he told reporters that the House has a better chance of flipping red than the Senate.

“I think there’s probably a greater likelihood the House flips than the Senate. Senate races are just different — they’re statewide, candidate quality has a lot to do with the outcome,” McConnell said when asked about his midterm expectations for the upper chamber.

“Right now, we have a 50-50 Senate and a 50-50 country, but I think when all is said and done this fall, we’re likely to have an extremely close Senate, either our side up slightly or their side up slightly,” he added.

Beasley on Twitter Monday said Democrats must expand their majority in the Senate to take action on codifying Roe v. Wade, lower costs and make progress on climate and voting rights.

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Live AP results: Florida, New York, Oklahoma primary

The Associated Press is following the election in Florida, New York and Oklahoma.

Follow the live results below.

Florida

New York

Oklahoma

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On the Money — All eyes on Biden’s student debt plan

After years of anticipation, President Biden is poised to wipe out trillions of dollars in student loan debt. We’ll also look at climate-related savings and an IRS security review. 

But first, we’ve got bad news for foes of the spotted lantern fly. 

Welcome to On The Money, your nightly guide to everything affecting your bills, bank account and bottom line. For The Hill, we’re Sylvan Lane, Aris Folley and Karl Evers-Hillstrom. Someone forward you this newsletter? Subscribe here.

White House to announce student loan cancellation

The White House is expected to announce on Wednesday a plan to cancel a chunk of student loan debt, in addition to an extension of the existing payment pause, three sources with knowledge of the situation told The Hill.  

Sources said President Biden’s intended measure will include at least $10,000 in loan forgiveness for borrowers who make less than $125,000 annually, as well as another payment freeze for roughly four months.  

• The $10,000 figure would be the largest forgiveness of federal student loans per individual to date. 
• But it would be less than what advocates and some Democratic lawmakers have been demanding, which has ranged from $50,000 per borrower to total cancellation. 
• The move comes as the Aug. 31 deadline for the White House to extend a student loan freeze rapidly approaches.  

Alex Gangitano and Hanna Trudo have the details here. 

BREAKING DOWN THE IMPACT

Here’s how a $10K student loan forgiveness plan would affect millions 

President Biden is expected to cancel up to $10,000 in student loan debt per federal borrower earning less than $125,000 annually on Wednesday, holding true to a campaign promise and relieving millions of their student debt burdens.  

• If the president’s plan moves forward, he could potentially eliminate loan balances for around 15 million people, which accounts for about one-third of all U.S. student loan borrowers.  
• These Americans will see their monthly payments go away and the U.S. will simultaneously lower its $1.7 trillion outstanding student loan balance.  

The decision will still leave 30 million borrowers on the hook for the remainder of their balances, some potentially seeing little movement in their monthly payments when the moratorium reaches its expected end. 

Here’s more from Changing America. 

CLIMATE COSTS 

Climate law could reduce costs associated with emissions up to $1.9 trillion: OMB 

The Inflation Reduction Act, the tax and climate bill President Biden signed into law last week, could reduce the costs from climate-related damages by up to $1.9 trillion, according to an analysis by the Office of Management and Budget (OMB).  

The analysis published Tuesday is based on three models crafted by Rhodium Group and Princeton University. They found the law’s climate provisions could potentially cut up to 1 billion annual metric tons of carbon dioxide by the end of the decade, nearly meeting the White House target of cutting emissions in half relative to 2005 by 2030.  

• Meeting these projections could reduce financial damages from climate impacts by between $700 billion and $1.9 trillion up to 2050, the analysis found.  
• The savings would also come in the form of reduced property damage from climate disaster, fewer negative health impacts and fewer energy costs associated with hotter temperatures.   
• The numbers do not include any potential benefits to other parts of the economy, which could produce further reductions in emissions, OMB said.  

Zack Budryk has more here. 

TAX THREATS 

IRS to conduct security review following GOP attacks, online threats 

The IRS announced on Tuesday that it would conduct a large-scale security review of its operations and facilities after becoming the target of attacks both online and from congressional Republicans over $80 billion in funding allocated to the agency under the Inflation Reduction Act. 

“In recent days, there has been an abundance of misinformation and false social media postings, some of them with threats directed at the IRS and its employees. We are aware of these concerning messages, and I want to assure you that your safety is and will continue to be my top priority,” IRS Commissioner Charles Rettig wrote in a Tuesday message to employees obtained by The Hill. 

• The security review will consist of measures including “monitoring perimeter security, designations of restricted areas, exterior lighting, security around entrances to our facilities and other various protections.” 
• It comes after Republicans have made the additional IRS funding a sticking point in their midterm campaign message, warning that it would lead to a flurry of new audits. 

Tobias Burns has more here. 

Good to Know

Minority home owners are losing wealth because of an appraisal process that doesn’t provide them with the true value of their homes and properties, Housing and Urban Development (HUD) Secretary Marcia Fudge says in a new interview. 

Here’s what else we have our eye on: 

• More than 100 congressional Democrats signed a letter Tuesday urging the Biden administration to extend a key waiver for the Public Service Loan Forgiveness (PSLF) program, which forgives student loan debt for those who work in public service or other qualifying jobs. 
• Barre Seid, a secretive electronics magnate, has reportedly donated a record $1.65 billion to a new conservative nonprofit led by Federalist Society co-chairman Leonard Leo. 

That’s it for today. Thanks for reading and check out The Hill’s Finance page for the latest news and coverage. We’ll see you tomorrow. 

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Energy & Environment — Climate bill could prevent up to $2T in damage

The White House is projecting serious cost-savings from averted climate damage thanks to the Inflation Reduction Act. Meanwhile, green groups are seeking a ban on new gas heating in homes and buildings.  

This is Overnight Energy & Environment, your source for the latest news focused on energy, the environment and beyond. For The Hill, we’re Rachel Frazin and Zack Budryk. Someone forward you this newsletter? Subscribe here. 

IRA could avert $1.9T in climate damage: analysis 

The Inflation Reduction Act, the tax and climate bill President Biden signed into law last week, could reduce the costs from climate-related damages by up to $1.9 trillion, according to an analysis by the Office of Management and Budget (OMB).  

The analysis published Tuesday is based on three models crafted by Rhodium Group, Energy Innovation and Princeton University. They found the law’s climate provisions could potentially cut up to 1 billion annual metric tons of carbon dioxide by the end of the decade, nearly meeting the White House target of cutting emissions in half relative to 2005 by 2030.  

To model the reductions beyond 2030, the analysis uses the “social cost of carbon” metric, or the financial damages associated with a projected future level of carbon pollution. The analysis notes that the model assumes yearly reductions through 2030 will continue at a comparable pace through the next two decades, which is likely a conservative estimate.  

Meeting these projections could reduce financial damages from climate impacts by between $700 billion and $1.9 trillion up to 2050, the OMB models found. In addition to reduced property damage from climate disaster, the savings would also come in the form of fewer negative health impacts and fewer energy costs associated with hotter temperatures.   

In the nearer term, the models project the law could save between $34 billion and $84 billion a year by 2030.   

Read more about the analysis here.  

Advocates ask Biden to ban new natural gas heating 

Environmental advocates are asking the Biden administration for a federal ban on new natural gas-powered heating appliances in homes and commercial buildings.  

In a petition submitted to the Environmental Protection Agency (EPA) on Tuesday,
26 health, environmental and consumer protection organizations asked the agency for the ban.  

Environmental and health advocates have fought to bar natural gas appliances in homes and buildings at the city and state levels, citing health and climate impacts.  

In their new petition, the 26 groups largely focused on health impacts. They specifically asked the EPA to prohibit new heating systems that emit nitrogen oxides, which have been linked to negative respiratory outcomes and are also a precursor to smog, which can worsen lung conditions like asthma.  

While natural gas is more widely used, the groups are also seeking to prevent new oil-powered heating.  

• In the U.S., 47 percent of households use natural gas as their main heating fuel. Under the proposal, these households would not be required to make immediate changes. 
   
• But newly manufactured appliances wouldn’t be allowed to emit nitrogen oxides, effectively preventing the new manufacturing of fossil fuel-powered heating appliances.  

Amneh Minkara, the Sierra Club’s Building Electrification Campaign deputy director, said the groups’ request fills a hole, addressing previously unregulated emissions.  

“Regulations for other major sources like the industrial sector, the energy sector, the transportation sector, they’ve all been regulated by the EPA thus far, but a massive source of these emissions from the building sector have not,” Minkara said.  

The natural gas industry argued against the petition.  

“This proposal would impose undue burdens on consumers at every step of the process, including our most vulnerable communities,” said a statement released by the American Gas Association. 

Read more about the push here. 

STUDY LINKS WEEDKILLER TO CONVULSIONS IN ANIMALS 

Scientists have uncovered a link between the world’s most commonly used weedkiller and convulsions in animals — raising questions about the herbicide’s potential impact on the human nervous system as well.   

Exposure to glyphosate, the active ingredient in Roundup, increased seizure-like behavior in soil-dwelling roundworms, according to the researchers, who published their findings in Scientific Reports on Tuesday.  

With glyphosate use expected to rise dramatically over the coming years, understanding its possible effects on human health is critical, according to the study.   

• “It is concerning how little we understand the impact of glyphosate on the nervous system,” lead author Akshay Naraine, a Ph.D. candidate at Florida Atlantic University and the International Max Planck Research School for Synapses and Circuits, said in a statement.  
• “More evidence is mounting for how prevalent exposure to glyphosate is, so this work hopefully pushes other researchers to expand on these findings and solidify where our concerns should be,” Naraine added.      

Just last month, data from the Centers for Disease Control and Prevention revealed that more than 80 percent of urine sampled by the agency was at or above the detection limit for glyphosate. 

Bayer, which manufactures Roundup, has faced thousands of lawsuits alleging that the product causes cancer. While the International Agency for Research on Cancer deemed glyphosate a “probable” carcinogen in 2015, the Environmental Protection Agency said in 2020 that there was insufficient evidence to show that the chemical is a probable or likely carcinogen. 

Read more here from The Hill’s Sharon Udasin. 

WHAT WE’RE READING

• It’s Happened Before: Paleoclimate Study Shows Warming Oceans Could Lead to a Spike in Seabed Methane Emissions (Inside Climate News) 
• Does the Bay Area have enough water to build housing during the California drought? (The Mercury News)
• China’s unrivaled 70-day heat wave (Axios)
• Drought has killed the cotton crop in Texas. In wetter Louisiana, it’s helping spark a revival. (NOLA.com)
• Deep-Sea Mining Is Close to Reality Despite Environmental Concerns (The Wall Street Journal) 

🍴 Lighter click: Mmmm…windmills?

That’s it for today, thanks for reading. Check out The Hill’s Energy & Environment page for the latest news and coverage. We’ll see you tomorrow.  

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NAACP president bashes Biden's reported plans on student debt relief

Derrick Johnson, president of the NAACP, has bashed the Biden administration’s reported plans on student debt relief, saying it is another policy that will leave Black people behind. 

“If the rumors are true, we’ve got a problem. And tragically, we’ve experienced this so many times before. The interstate highway system devastated Black communities,” Johnson said in a statement on Tuesday. “Welfare reform tossed poor people of color by the wayside.” 

Johnson pointed out that the anticipated $10,000 in forgiveness for every borrower in addition to a payment pause extension are not enough, especially for Black people.

Johnson also noted the lawmakers’ recent failure to pass several pieces of legislation that would have positive impacts on Black voters, such as the George Floyd Justice in Policing Act.

“The senate’s failure to pass the George Floyd Justice in Policing Act failed to save Black lives. President Biden’s decision on student debt cannot become the latest example of a policy that has left Black people – especially Black women – behind,” Johnson added. 

“This is not how you treat Black voters who turned out in record numbers and provided 90% of their vote to once again save democracy in 2020,” he concluded. 

Johnson’s remarks come as the Biden administration plans to announce on Wednesday the cancellation of federal student loan debts and an extension of the existing payment pause as well. 

The intended measure will include $10,000 in loan forgiveness for borrowers who make less than $125,000 annually, which would be the largest loan forgiveness of student loans per borrower in history, and an extension of the payment pause for at least four months. 

Johnson and his organization have been pressing Biden on this issue for months, urging the administration to cancel at least $50,000 in student loan debt for borrowers, saying in a previous statement that canceling only $10,000 in student loans “is not enough.” 

“President Biden, student loan debt is a racial and economic justice issue that stains the Soul of America,”  the organization’s national youth and college director, Wisdom Cole, said in an April statement. “With each and every repayment extension, you make a stronger case for canceling it.” 

“At this point, just cancel it. $50,000 is the bare minimum.” Cole added. “$10,000 is not enough.”

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Health Care — Moderna asks FDA for OK on updated booster 

NASA has announced plans to crash a spacecraft into an asteroid on purpose. It will be the world’s first planetary defense test against potential threats to Earth from space and we are this much closer to realizing Star Wars. 

Today in health care, Moderna asked the FDA to authorize its updated booster shot, but challenges remain in convincing people to get yet another COVID-19 vaccine. 

Welcome to Overnight Health Care, where we’re following the latest moves on policy and news affecting your health. For The Hill, we’re Peter Sullivan, Nathaniel Weixel and Joseph Choi. Someone forward you this newsletter? Subscribe here.

Moderna seeks approval for updated COVID booster 

Moderna on Tuesday said it submitted a request for the Food and Drug Administration (FDA) to authorize an updated version of its COVID-19 vaccine targeting the latest omicron subvariants. 

The application comes ahead of a fall booster shot campaign. Assuming the FDA signs off, the company said its shots will be ready to ship in September.   

The application, per instructions previously given by the FDA, is for a “bivalent” vaccine that targets the BA.4 and BA.5 subvariants of omicron currently circulating, as well as the original form of the virus.   

The Centers for Disease Control and Prevention (CDC) said it anticipates the bivalent vaccines will only be authorized as a single dose in people who have completed a primary vaccination series. It also won’t matter how many prior booster doses a person has received, so long as they’ve had their initial series.   

Trial gambit: Like Pfizer, Moderna said it does not have clinical trial data for the vaccine. Instead, the request is based on data from a booster targeting an earlier version of omicron, as well as preclinical data from mice. 

Human clinical trials are currently underway, so the results won’t be available for the FDA to consider as it decides. 

Big challenge: But it remains unclear how many people will get the new boosters, despite the potential for a surge of COVID-19 over the fall and winter, given that uptake for the first booster shot has been lagging.   

Read more here. 

Pfizer vax 73 percent effective in children under 5 

Pfizer’s COVID-19 vaccine was 73.2 percent effective against the disease in children under 5, the company said Tuesday.   

The company touted the data as reinforcing the importance of the vaccine, which was authorized in June, after months of waiting for a vaccine for the youngest children.

The effectiveness is for after three shots of the vaccine. The Pfizer vaccine’s authorization was delayed earlier this year to allow time to study a third shot, with the idea that two shots were not enough.   

Updated vaccine in the works: Pfizer said Tuesday that it is working on a vaccine for children under 12 specifically targeting BA.5, matching its approach for adults
12 and over.   

“Building on the strong safety and immunogenicity data that led to FDA authorization of our COVID-19 vaccine for children 6 months through 4 years, we are pleased to share confirmatory evidence that a full course of vaccination helps protect against symptomatic disease, particularly during a time when the Omicron BA.2 strain was predominant,” Pfizer CEO Albert Bourla said.  

How many will take it? Getting parents to vaccinate their young children is an ongoing challenge. Only about 5 percent of children under 5 have been vaccinated so far, ABC News reported last week.   

Read more here.

LIFE EXPECTANCY DROPS BY ALMOST 2 YEARS 

Overall life expectancy in the United States dropped by 1.8 years from 2019 to 2020, new data shows.  

The decline affected all 50 states and Washington, D.C., according to a new National Vital Statistics report, and ranged from as little as 0.2 years in some states to as many as 3 years in others. 

The cause: The National Center for Health Statistics and its Division of Vital Statistics attributed the dips to the COVID-19 pandemic and an increase in drug overdose deaths.  

The drop is the largest year-to-year change in more than 75 years, the Centers for Disease Control and Prevention (CDC) said last year.  

• New York state experienced the biggest decrease, dropping 3 years, and D.C. was a close runner-up at 2.7 years. 
• Twelve other states saw declines of 2 years or more, including the southern border states of Texas, Arizona and New Mexico, as well as Louisiana, Mississippi, Illinois, Indiana, New Jersey, Alabama, Kentucky, Michigan and South Carolina. 
• Hawaii saw a decline of just 0.2 years. Oregon, Washington, Maine, Vermont and New Hampshire also saw decreases of less than a year. 

The CDC recorded 528,891 more deaths in 2020 than the year prior. COVID-19 was the noted cause in 350,831 deaths, or 10.4 percent of the 2020 total, according to the report.  

Read more here. 

MONKEYPOX HAS REACHED ALL 50 STATES 

The monkeypox virus has reached all 50 states.  

According to Centers for Disease Control and Prevention (CDC) data, Wyoming reported a single case of the virus on Monday, becoming the final state in the country to do so.  

In a news release, the Wyoming Department of Health (WDH) said the lone virus case is from a male resident in Laramie County, adding that state public health representatives have followed up with the infected individual to see if other residents had direct contact with him.  

• “Because monkeypox spreads through close, intimate contact we do not believe the risk for the virus is now a higher concern for the local community or for most people in Wyoming,” said Alexia Harrist, a state health officer and state epidemiologist. “Monkeypox does not spread easily like familiar viruses such as influenza or COVID-19.” 

As of Monday, there are 15,433 reported cases of monkeypox in the U.S, with New York leading the way with nearly 3,000 reported cases, followed by California, Florida, Texas and Georgia, CDC data showed.  

Read more here. 

Fauci on GOP probe threats: ‘Doesn’t faze me’ 

Chief White House medical adviser Anthony Fauci said on Tuesday that his recently announced decision to step down from his government positions was not at all affected by threats of investigations from congressional Republicans. 

Future party plans: Several GOP lawmakers have vowed to launch investigations into Fauci over his actions throughout the COVID-19 pandemic if they win back control of Congress in the midterm elections. 

• Fauci’s announced plans of stepping down later this year did not deter lawmakers from planning potential future inquiries, with several Republican leaders vowing to still pursue investigations into the top infectious diseases expert even when he is no longer working for the government. 

CNN chief White House correspondent Kaitlan Collins asked Fauci Tuesday how much those threats of investigations played a role in his decision to end his decades-long tenure in government. 

• “None at all, Kaitlan. Really none at all, not even a slight amount,” Fauci said. “I have nothing to hide and I could defend everything I’ve done. So that doesn’t faze me or bother me. My decisions of stepping down go back well over a year.” 

Collins asked Fauci if he would agree to sit for hearings and appear before Congress after he steps down if Republicans were to make such a request. 

Fauci said he would “certainly” consider the request. 

“So sure, I’d be happy to cooperate so long as we make it something that is a dignified oversight, which it should be, and not just bringing up ridiculous things and attacking my character. That’s not oversight,” he said. 

Read more here. 

WHAT WE’RE READING

• The $18,000 Breast Biopsy: When Having Insurance Costs You a Bundle (Kaiser Health News) 
• U.S. plan to stretch monkeypox vaccine supply already hitting hurdles (Stat News) 
• Some bars are playing a major role in fighting monkeypox in the LGBTQ community (NPR) 

STATE BY STATE

• Mysterious illness killing dogs in northern Michigan has state, feds investigating (Detroit Free Press) 
• Democratic lawmakers call on health department to stabilize Montana State Hospital with federal accreditation (Montana Free Press) 
• Mississippi Delta loses its only neonatal intensive care unit (Mississippi Today) 

OP-EDS IN THE HILL

• The viruses are winning: There’s still time to fight back 
• The CDC is broken and apologies can’t fix it 

That’s it for today, thanks for reading. Check out The Hill’s Health Care page for the latest news and coverage. See you tomorrow.

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Defense & National Security — Classified docs seized from Trump home in January

The National Archives released correspondence on Tuesday revealing that the Justice Department seized at least 700 pages of classified documents from former President Trump’s Florida home in January. 

We’ll break down the correspondence. Plus, we’ll talk about the Department of Defense turning down a second request from D.C. Mayor Muriel Bowser to deploy the city’s National Guard to help with migrants being bussed into the city.  

This is Defense & National Security, your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. For The Hill, I’m Jordan Williams. A friend forward this newsletter to you? Subscribe here.

DOJ seized 700 pages of classified docs from Trump

The Justice Department seized at least 700 pages of classified materials when it first recovered documents from former President Trump’s Florida home in January, according to a letter released by the National Archives on Tuesday. 

An exchange between the custodians for presidential records and Trump’s attorneys, released after it was first obtained by a conservative news outlet, indicated the former president’s legal team spent months attempting to block the FBI and the intelligence community from reviewing the documents to assess the potential national security fallout. 

What was in the exchange? The exchange revealed that among the materials were those at “the highest levels of classification, including Special Access Program (SAP) materials.” 

The letter from the National Archives, sent in May, also reiterated a warning first relayed by the Justice Department a month before. 

“Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps,” Debra Steidel Wall, acting archivist of the United States, wrote in relaying a message from the Justice Department’s National Security Division. 

Inside the boxes: The letter offers new insights into the volume of documents that may have been stored at Mar-a-Lago, illuminating what was among the 15 boxes taken by Archives earlier this year.

Authorities separately seized another 11 sets of classified documents during an August search of Trump’s home. 

The New York Times reported Monday that the government has recovered at least 300 classified documents from Mar-a-Lago since Trump left office. 

Why this matters: Wall’s correspondence came at a key time in the government’s battle to get the documents. The day after the May 10 letter informed the Trump legal team they’d be turning over the documents to the FBI, the Justice Department issued a subpoena seeking remaining classified materials stored at Mar-a-Lago. 

The letter is also a wholesale rejection of any executive privilege claims from Trump. 

Read more here.  

Second DC bid for help with migrants rejected

The Department of Defense on Monday denied a second request from Mayor Muriel Bowser (D) to deploy the D.C. National Guard and use the D.C. Armory to help with migrants being bused into the city from Texas and Arizona. 

In a letter reviewed by The Hill, Pentagon Executive Secretary Kelly Bulliner Holly said deploying the Guard would be “inappropriate to the task, regardless of the duration or number of personnel involved.” 

The Pentagon’s logic: In turning down the request again, Holly reaffirmed the agency’s concerns about how deploying Guard troops would impact its readiness and reiterated that nongovernmental organizations were assisting with migrants. In the event that local organizations can’t meet requirements, Holly said D.C. could apply directly to the Federal Emergency Management Agency for emergency funding.  

As for use of the D.C. Armory, Holly said its design and suitability “rules it out as an option,” as it is not air conditioned and has to undergo “substantial remediation” for a number of issues.   

The back and forth: The D.C. mayor initially asked for help in July as Texas Gov. Greg Abbott (R) and Arizona Gov. Doug Ducey (R) bussed thousands of migrants into the city to protest President Biden’s border policies.   

The Pentagon initially turned down Bowser’s request to deploy Guard troops earlier in August, citing concerns that doing so would negatively impact the Guard’s readiness.   

Bowser later renewed her request for the National Guard and Armory on Aug. 11, saying that the Guard would work with the D.C. government to help establish and manage “respite sites,” which would support migrants as they travel to their final destination, outside of the District.   

The mayor also said that assistance would begin on Monday and be reevaluated in December.   

The mayor’s response: In response to the denial, Bowser said on Twitter that the city will “move forward with our planning to ensure that when people are coming through DC on their way to their final destination that we have a humane setting for them.”   

Bowser said the city would “continue working with federal partners and local NGOs on the best way to set up systems that allow us to manage an ongoing humanitarian crisis.” 

“As we do that, we remain focused on working with District agencies and local providers to ensure our local systems can continue to function and that we can continue to meet the very real and significant needs of D.C. residents,” she added.   

Read the story here.

1 in 3 veterans say they’ve been arrested 

About one-third of veterans have reported being arrested at least once in their lives, according to a criminal justice think tank.  

The Council on Criminal Justice said in a release Tuesday that the most recent national survey revealed that 180,000 veterans were in U.S. prisons and jails. Data showed a significant disparity between the percentage of veterans and nonveterans who have been arrested in their lifetimes, with fewer than one-fifth of nonveterans reporting ever having been arrested. 

What contributes to the problem? The think tank stated that combat-related risk factors, inconsistent diversion mechanisms and ineffective procedures to identify veterans upon arrest contribute to the incarceration of former service members. 

Veterans who did not receive an honorable discharge may be prevented from receiving benefits like access to mental health care and substance abuse treatment, and are more likely to have interactions with the criminal justice system. 

The Council on Criminal Justice release noted that many veterans do not receive the care and support they need to address their circumstances after they leave the system, reducing the chances of successfully reentering society. 

What comes next? The council announced Tuesday that it is forming a national commission to investigate incarcerated veterans and create recommendations for policy changes that promote safety, health and justice. 

The commission will conduct research and gather testimony to evaluate the extent of veterans’ involvement in the criminal justice system, risk factors and what strategies could prevent veterans from becoming involved in the system. 

Read the full story here.

ON TAP FOR TOMORROW

• The Potomac Officers’ Club will host the “7th Annual Army Summit” at 7 a.m. 
• The Cybersecurity & Infrastructure Security Agency will continue the 2022 Chemical Security Summit at 8 a.m. 
• The National Defense Industrial Association will host the “NDIA International Division Attaché Roundtable Series” at 10 a.m. 
• The Wilson Center will host a discussion on “Ripples of War: Six Months Since Russia’s Invasion into Ukraine” at 10 a.m. 
• The Mitchell Institute for Aerospace Studies will host the “Nuclear Deterrence and Missile Defense Forum with RADM Scott W. Pappano” at 10 a.m. 
• The Center for Strategic & International Studies will hold a discussion on “The Future of Army Vertical Lift” at 1 p.m. 
• The Atlantic Council will host a discussion on “State of the Space Industrial Base 2022: Advancing prosperity, sustainability, and US leadership in outer space” at 2 p.m.

WHAT WE’RE READING

• Mariupol refugees of Russia’s war tend to their own in Odesa 
• US urging citizens to leave Ukraine ahead of holiday 

That’s it for today! Check out The Hill’s Defense and National Security pages for the latest coverage. See you tomorrow!

VIEW FULL VERSION HERE

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Greens ask EPA to ban new natural gas heating

Environmental advocates are asking the Biden administration for a federal  ban on new natural gas-powered heating appliances in homes and commercial buildings. 

In a petition submitted to the Environmental Protection Agency (EPA) on Tuesday, 26 health, environmental and consumer protection organizations asked the agency for the ban. 

Environmental and health advocates have fought to bar natural gas appliances in homes and buildings at the city and state levels, citing health and climate impacts. 

The natural gas industry has pushed back on such efforts, making consumer choice and cost arguments. 

In their new petition, the 26 groups largely focused on health impacts. They specifically asked the EPA to prohibit new heating systems that emit nitrogen oxides, which have been linked to negative respiratory outcomes and are also a precursor to smog, which can worsen lung conditions like asthma. 

While natural gas is more widely used, the groups are also seeking to prevent new oil-powered heating. 

In the U.S., 47 percent of households use natural gas as their main heating fuel. Under the proposal, these households would not be required to make immediate changes. 

But newly manufactured appliances wouldn’t be allowed to emit nitrogen oxides, effectively preventing the new manufacturing of fossil fuel-powered heating appliances. 

The petition only applies to heating and does not seek to prevent the use of gas stoves, which many advocates have also sought to ban at the city and state levels. 

Amneh Minkara, the Sierra Club’s Building Electrification Campaign deputy director, said the groups’ request fills a hole, addressing previously unregulated emissions. 

“Regulations for other major sources like the industrial sector, the energy sector, the transportation sector, they’ve all been regulated by the EPA thus far, but a massive source of these emissions from the building sector have not,” Minkara said. 

The natural gas industry argued against the petition. 

“This proposal would impose undue burdens on consumers at every step of the process, including our most vulnerable communities,” said a statement released by the American Gas Association. 

The EPA did not comment on the substance of the petition, with spokesperson Shayla Powell saying in an email that the agency will review it and respond accordingly. 

Source: TEST FEED1