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Column: Corporations left California for lower taxes and fewer regulations. Will abortion rights bring them back?

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Column: Corporations left California for lower taxes and fewer regulations. Will abortion rights bring them back?

Final 12 months, company America remained largely silent as Texas launched a pitiless assault on abortion rights, a development that unfold quickly to different crimson states.

The leaked draft of a Supreme Court docket ruling placing down Roe vs. Wade, which has protected abortion rights on the federal degree for practically 50 years, will place their silence firmly on the flawed aspect of historical past. The courtroom’s ruling is coming in a case involving an antiabortion regulation in Mississippi, however placing down Roe vs. Wade would presumably enable any state to limit or remove abortion rights.

Few public insurance policies have as far-reaching an impact on the well being and welfare of the American workforce as entry to healthcare. Girls’s reproductive rights play a serious function in that entry.

[Elon Musk] constantly tells me that he likes the social insurance policies within the state of Texas.

— Texas Gov. Greg Abbott

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With the courtroom’s evident dedication to considerably slim these rights, silence received’t work anymore.

The query is: What is going to American firms do about it?

It has taken some time for the implications of the Texas regulation — which took impact final Sept. 1 after the Supreme Court docket refused to dam it — to sink in. The regulation banned abortions after six weeks of gestation, effectively earlier than many ladies would even know they’re pregnant.

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The regulation additionally established a bounty system by permitting anybody, even exterior Texas, to sue docs, different healthcare professionals or anybody suspected of aiding and abetting an unlawful abortion, and to hunt damages of as much as $10,000 per defendant.

A handful of firms have responded to the Texas regulation and different latest state abortion bans or restrictions by providing employees in these states help in accessing abortion companies elsewhere.

Some have promised to cowl journey prices, together with airfare and lodging, for workers in search of abortions. Based on a roster compiled by Bloomberg, they embrace Citigroup, headed by Chief Government Jane Fraser, with 8,500 staff in Texas, in addition to Levi Strauss & Co. and Apple.

Lyft and Uber have provided to pay the authorized charges of drivers sued beneath bounty provisions. Salesforce has stated it could assist any Texas-based staff to relocate to flee the state regulation.

However there was no concerted company expression of concern concerning the fast contraction of ladies’s healthcare rights throughout the nation. That will be unsurprising if firms had not been paying lip service to their sense of social accountability lately.

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It has lengthy been routine for main firms to incorporate pages testifying to their social accountability on their web sites — usually referencing charitable works and expressing devotion to ideas corresponding to variety and nondiscrimination in anodyne prose.

In 2019, the Enterprise Roundtable issued a manifesto committing its membership of greater than 200 main firms to function for the profit not merely of shareholders however staff, suppliers prospects and communities.

To some extent, the Roundtable was making an attempt to leap forward of a parade being led by main institutional traders, of whom the drum main was Lawrence Fink, chief of the funding agency BlackRock.

“Stakeholders are pushing firms to wade into delicate social and political points — particularly as they see governments failing to take action successfully,” Fink had written that 12 months in his annual letter to CEOs of BlackRock’s portfolio firms.

Enterprise leaders pledged to face agency in opposition to the assaults from the political proper wing on voting rights, ladies’s reproductive healthcare rights and democracy itself.

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Main firms stated they might stop making marketing campaign contributions to lawmakers who voted in opposition to certifying Joe Biden’s election or performed a job within the Jan. 6, 2021, revolt in Washington. Some made comparable guarantees about state legal guidelines proscribing abortion or voting rights, or talked overtly about decreasing their actions in states enacting such measures.

Within the fullness of time, these commitments, pledges and guarantees proved to be nothing however gusts of scorching air.

Many firms that had pledged to finish or no less than evaluate their contributions to the 147 Republicans who voted in opposition to certifying the 2020 presidential election quickly resumed their assist.

Main firms headquartered in Texas, corresponding to AT&T, turned out to be heavy contributors to sponsors of the state’s horrifying antiabortion regulation.

Walt Disney Co., which lengthy had proudly trumpeted its assist for LGBTQ staff and prospects, set a brand new commonplace for company cowardice by initially remaining publicly silent on Florida’s invoice suppressing the instructing of gender points in public colleges, which was recognized by critics because the “Don’t Say Homosexual” invoice. When outrage by staff and others lastly prompted the corporate to take a stand, its reversal solely made it a handy goal for Florida’s brutish Republican governor, Ron DeSantis.

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Superficially, that may level to the hazards for firms taking a stand on social points, however in actuality it reveals the need of company America standing collectively in assist of social fairness — and to the implications for firms with giant workforces in states with retrograde social insurance policies.

The leaking of a draft of what’s evidently a majority opinion by Justice Samuel Alito overturning Roe vs. Wade could effectively flip social points from the themes of lazy company PR-speak into concrete problems with working circumstances, worker recruitment and state rules.

The tip of Roe vs. Wade is more likely to immediate extra states to enact ever extra draconian abortion bans. Based on the Guttmacher Institute, which tracks abortion laws, 58% of ladies ages 13 to 44 stay in a state the institute judges to be hostile or extraordinarily hostile to abortion rights. Solely 38% stay in a state supportive of abortion rights.

But opinion polls constantly present that the overwhelming majority of American voters suppose abortion needs to be authorized in some or all circumstances. Solely 20% suppose it needs to be banned totally.

These figures have scarcely budged since Roe vs. Wade was handed down in 1973 — a lot for the assertion within the purported Alito determination that Roe vs. Wade and a follow-on 1992 ruling often called Casey had “deepened division” within the nation.

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It’s unclear whether or not the antiabortion legal guidelines already enacted in some states have affected employee recruitment, particularly amongst ladies of childbearing age or members of households hoping to keep up some management over their household planning.

Probably the impact has been muted whereas the courtroom’s determination on abortion rights has been secret, as its selections typically have been previous to their official publication; how shut the Alito draft might be to the ultimate determination can be unknown.

Abortion rules have a tendency to trace extra basic healthcare and social insurance policies in most states; people who have enacted the harshest restrictions on abortion additionally are inclined to have much less accommodating public well being insurance policies, corresponding to much less beneficiant Medicaid packages and fewer mandates for business well being plans, and fewer accommodative insurance policies in opposition to discrimination.

It’s cheap to conjecture that state healthcare insurance policies, particularly people who have an effect on ladies, will play into selections by potential staff, together with effectively educated ladies and members of the LGBTQ neighborhood, about the place to just accept jobs. Whether or not that may immediate firms to issue the authorized setting into their location or relocation selections is inconceivable to say, up to now.

If close by states enact full abortion bans, the variety of ladies needing to drive to California for abortion companies might improve to 1.4 million from 46,000.

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(California Way forward for Abortion Council)

Not one of the main firms most frequently talked about as having relocated to Texas from California — Oracle, Tesla and Hewlett Packard Enterprise — has expressed misgivings about its transfer. Elon Musk, who moved the headquarters of his Tesla electrical automobile firm to Austin from Silicon Valley, hasn’t even tweeted concerning the newest abortion information.

The day after the Texas abortion ban went into impact, Texas Gov. Greg Abbott stated Musk instructed him he “needed to get out of California as a result of, partly, of the social insurance policies” in that state and that Musk “constantly tells me that he likes the social insurance policies within the state of Texas.”

What is obvious is that states that already favor abortion rights will attempt to strengthen them. That’s the case in California, which the Guttmacher Institute already ranks as essentially the most supportive within the nation.

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California is one among six states that requires medical insurance plans to cowl abortion, and one among 4 that has outlawed co-pays or deductibles for that service.

The proper to abortion has been enshrined within the state Structure through a right-to-privacy provision that the state Supreme Court docket interpreted as a assure of abortion rights. In acknowledgment of the risk to abortion rights from the U.S. Supreme Court docket’s conservative majority, a transfer is afoot in Sacramento to position an specific proper to abortion within the state Structure.

A Way forward for Abortion Council established final 12 months by the Legislature beneficial rising abortion funding and enhancing the infrastructure supporting abortion companies, in addition to strengthening authorized protections for abortion sufferers and suppliers.

Gov. Gavin Newsom has spoken of constructing California a “sanctuary” state for abortion rights. Already, Deliberate Parenthood of California says it has been treating greater than 80 out-of-state sufferers per thirty days for the reason that Texas regulation went into impact.

Within the case of a complete ban in close by states already hostile to abortion, corresponding to Utah and Arizona, the variety of ladies ages 15 to 49 who may drive to California for abortion companies would improve to 1.4 million from 46,000, the Guttmacher Institute estimates.

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Initiatives like these in California will widen the gulf in social insurance policies between crimson states and blue.

For company executives, it could take greater than the shrinking of abortion rights and the glorification of anti-LGBTQ discrimination to outweigh the lure of low taxes and fewer regulation, but when valued employees begin voting with their toes, the reckoning may be inevitable.

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4 Takeaways From the Arguments Before the Supreme Court in the TikTok Case

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4 Takeaways From the Arguments Before the Supreme Court in the TikTok Case

The Supreme Court on Friday grappled over a law that could determine the fate of TikTok, an enormously popular social media platform that has about 170 million users.

Congress enacted the law out of concern that the app, whose owner is based in China, is susceptible to the influence of the Chinese government and posed a national risk. The measure would effectively ban TikTok from operating in the United States unless its owner, ByteDance, sells it by Jan. 19.

Here are some key takeaways:

While the justices across the ideological spectrum asked tough questions of both sides, the overall tone and thrust appeared to suggest greater skepticism toward the arguments by lawyers for TikTok and its users that the First Amendment barred Congress from enacting the law.

The questioning opened with two conservative members of the court, Justice Clarence Thomas and Chief Justice John G. Roberts Jr., suggesting that it was not TikTok, an American company, but its Chinese parent company, ByteDance, that was directly affected by the law.

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Another conservative, Justice Brett M. Kavanaugh, focused on the risk that the Chinese government could use information TikTok is gathering on tens of millions of American teenagers and twentysomethings to eventually “develop spies, turn people, blackmail people” when they grow older and go to work for national security agencies or the military.

Justice Elena Kagan, a liberal, asked why TikTok could not just create or buy another algorithm rather than using ByteDance’s.

And another liberal, Justice Ketanji Brown Jackson, said she believed the law was less about speech than about association. She suggested that barring TikTok from associating with a Chinese company was akin to barring Americans from associating with foreign terrorist groups for national security reasons. (The Supreme Court has upheld that as constitutional.)

Still, several justices were skeptical about a major part of the government’s justification for the law: the risk that China might “covertly” make TikTok manipulate the content shown to Americans or collect user data to achieve its geopolitical aims.

Both Justice Kagan and Justice Neil M. Gorsuch, a conservative, stressed that everybody now knows that China is behind TikTok. They appeared interested in whether the government’s interest in preventing “covert” leveraging of the platform by a foreign adversary could be achieved in a less heavy-handed manner, like appending a label warning users of that risk.

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Two lawyers argued that the law violates the First Amendment: Noel Francisco, representing both TikTok and ByteDance, and Jeffrey Fisher, representing TikTok users. Both suggested that concerns about potential manipulation by the Chinese government of the information American users see on the platform were insufficient to justify the law.

Mr. Francisco contended that the government in a free country “has no valid interest in preventing foreign propaganda” and cannot constitutionally try to keep Americans from being “persuaded by Chinese misinformation.” That is targeting the content of speech, which the First Amendment does not permit, he said.

Mr. Fisher asserted that fears that China might use its control over the platform to promote posts sowing doubts about democracy or pushing pro-China and anti-American views were a weaker justification for interfering in free speech than concerns about foreign terrorism.

“The government just doesn’t get to say ‘national security’ and the case is over,” Mr. Fisher said, adding, “It’s not enough to say ‘national security’ — you have to say ‘what is the real harm?’”

The solicitor general, Elizabeth B. Prelogar, argued that Congress had lawful authority to enact the statute and that it did not violate the First Amendment. She said it was important to recognize that the law leaves speech on TikTok unrestricted once the platform is freed from foreign control.

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“All of the same speech that’s happening on TikTok could happen post-divestiture,” she said. “The act doesn’t regulate that at all. So it’s not saying you can’t have pro-China speech, you can’t have anti-American speech. It’s not regulating the algorithm.”

She added: “TikTok, if it were able to do so, could use precisely the same algorithm to display the same content by the same users. All the act is doing is trying to surgically remove the ability of a foreign adversary nation to get our data and to be able to exercise control over the platform.”

President-elect Donald J. Trump has asked the Supreme Court to issue an injunction delaying the law from taking effect until after he assumes office on Jan. 20.

Mr. Trump once shared the view that Chinese control of TikTok was an intolerable national security risk, but reversed course around the time he met with a billionaire Republican donor with a stake in its parent company.

If the court does uphold the law, TikTok would effectively be banned in the United States on Jan. 19, Mr. Francisco said. He reiterated a request that the court temporarily pause the law from taking effect to push back that deadline, saying it would “simply buy everybody a little breathing space.” It might be a “different world” for TikTok after Jan. 20, he added.

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But there was scant focus by the justices on that idea, suggesting that they did not take it seriously. Mr. Trump’s brief requesting that the court punt the issue past the end of President Biden’s term so he could handle it — signed by his pick to be the next solicitor general, D. John Sauer — was long on rhetoric extolling Mr. Trump, but short on substance.

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'We will not be closing.' Amid the fires, employers and employees walk a fine line between work and safety

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'We will not be closing.' Amid the fires, employers and employees walk a fine line between work and safety

When Brigitte Tran arrived Wednesday morning at the Rodeo Drive boutique where she works as a sales associate, she was on edge.

Smoke from multiple wildfires raging across Los Angeles County billowed overhead. The luxury shopping corridor usually bustling with tourists appeared a ghost town.

Tran’s co-worker texted their boss to let her know neighboring stores had closed, and described the acrid smoke in the air. But the woman, at home in Orange County, did not seem to grasp their concerns. “We will not be closing unless the mall instructs us to close,” she replied.

Tran, who, fearing professional repercussions, asked that her place of work not be named, grew more anxious as the hours ticked by. Around 3 p.m., she and the two other employees working that day mutinied. They packed up, told the security guard to head home, and locked the doors a few hours before closing time.

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As the wildfires have raged across Los Angeles County, choking the air, closing schools and forcing tens of thousands of people to evacuate, employers and employees alike have had to manage a difficult balancing act between work and well being. Some employers responded swiftly to the crisis, shutting down offices and shifting to remote work, providing outdoor workers with masks and other protective equipment, and offering support for employees forced to evacuate. Others have been less adept, clumsy in their communications or wholly unmoved by worker concerns — sparking anger among their ranks as a result.

The fires have underscored the need for companies to have a clear plan in place to respond to emergencies, said Jonathan Porter, a meteorologist at private weather forecaster AccuWeather. The obligation, he said, goes beyond monitoring whether an office is in an evacuation zone. For example, as the current devastation unfolds, businesses should be aware of the “copious amounts of dangerous smoke that’s wafting into the air” and be prepared to provide outdoor workers with quality respirators or move them away from polluted air.

Some employers gave employees flexibility. Snap, the Santa Monica-based creator of the photo messaging app Snapchat, for example, kept its offices open on Wednesday but encouraged employees to work remotely, said a company spokesperson.

Others changed course after fielding criticism.

An announcement by UCLA that the campus would remain open for classes and regular operations on Wednesday drew anger from some instructors and students on social media.

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Victor Narro, project director for the UCLA Labor Center and a lecturer on campus, said in a post on X he would ignore UCLA’s mandate and hold an optional class online.

“Students have been up all night panicked about sleeping through evacuation orders, winds still high, branches falling all over Westwood, power outages across city, & our new chancellor (on his 2nd day) thought this should be his first bold call…” wrote Nour Joudah, an assistant professor in UCLA’s Asian American Studies Department, in another X post.

That evening, UCLA changed course as conditions worsened, announcing it would close campus.

On Saturday, UCLA Chancellor Julio Frenk released a statement saying classes would be held remotely for at least another week and campus operations would be curtailed. “We ask for continued flexibility and understanding as we all work through these difficult times,” Frenk wrote.

But for many workers, the chaos of the last few dayshas left them feeling like they are fending for themselves.

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Tim Hernandez, a driver with Amazon Flex, an on-demand Uber-like program in which people use their own cars to deliver packages, was assigned a route Tuesday along the Pacific Coast Highway toward Malibu, which was rife with closures.

When he questioned whether making the delivery was safe, he said dispatchers at a Amazon facility in Camarillo brushed him off, leaving him to choose between concerns for his safety and worries that his rating in the Flex app would be hurt if he refused to go. He decided to try to make the deliveries, battling gusts of wind that knocked him over at one point. He lost cell signal, however, and was forced to return to the warehouse without completing the vast majority.

And when he arrived for his shift Tuesday, Alfred Muñoz, 43, an Amazon delivery driver who works out of a warehouse in the City of Industry, said he was handed an N95 mask but given little other instruction.

“It was just kind of business as usual,” Muñoz said.

High package counts and the number of stops on his assigned routes this week have made work even more difficult. On Tuesday, with wind gusts whipping debris around making it difficult to see, he had about 180 stops and 290 packages to deliver. On Thursday, the air thick with smoke and ash, he had more than 300 packages.

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He woke up Thursday morning with a bloody nose and a sooty black crust in the corners of his eyes.

In response to a request for comment, Montana MacLachlan, an Amazon spokesperson, said the company was “closely monitoring the wildfires across Southern California and adjusting our operations to keep our employees and those delivering for us safe.”

“If a driver arrives at a delivery location and the conditions are not safe to make a delivery, they are not expected to do so and the driver’s performance will not be impacted,” she said.

At the Brentwood location of popular Italian eatery Jon & Vinny’s, staff complained of headaches and sore throats in a text message group chat. An employee, who asked not to be named fearing retaliation at work, said that on Tuesday, staff huddled around an iPad with a fire map pulled up to keep an eye on the expanding evacuation zone. From the front of the restaurant, they could see the glow of the Palisades fire.

The employee said they were frustrated management kept the restaurant open when the perimeter of the mandatory evacuation zone was just two blocks away. On Wednesday, every server scheduled to work called in to say they were not coming, the employee said.

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A spokesperson for Joint Venture Restaurant Group, which owns Jon & Vinny’s, did not immediately respond to a request for comment.

During natural disasters and extreme weather, employers’ choices can sometimes mean life or death, said David Michaels, a professor at the Milken Institute School of Public Health and a former assistant secretary of labor for the Occupational Safety and Health Administration.

He pointed to recent floods from Hurricane Helene that killed several workers at a plastics manufacturer. The tragedy has drawn scrutiny from state investigators, and a wrongful death lawsuit accuses the company of requiring employees to stay on site amid flooding after they requested permission to leave.

“It’s incumbent on employers to ensure the safety of their workers,” Michaels said. “The safety of their employees must take precedence over business concerns.”

Yasha Timenovich, 48, a driver for rideshare app Lyft and food delivery platform DoorDash, is more worried about declining earnings than on-the-job safety. With many restaurants and other businesses closed and would-be customers fleeing the city, he said that rides and deliveries have been slow. Traffic patterns have been strange and unpredictable with families piling into vehicles to flee fires.

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Timenovich, who faced an order to evacuate his Hollywood apartment with his fiance and 6-year-old daughter Wednesday night, said he planned to stay with relatives for a few days in San Luis Obispo, where he hopes business will be better.

“I’m going to get out of here because it’s too crazy with these fires,” Timenovich said.

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Scott Bessent, Trump’s Billionaire Treasury Pick, Will Shed Assets to Avoid Conflicts

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Scott Bessent, Trump’s Billionaire Treasury Pick, Will Shed Assets to Avoid Conflicts

Scott Bessent, the billionaire hedge fund manager whom President-elect Donald J. Trump picked to be his Treasury secretary, plans to divest from dozens of funds, trusts and investments in preparation to become the nation’s top economic policymaker.

Those plans were released on Saturday along with the publication of an ethics agreement and financial disclosures that Mr. Bessent submitted ahead of his Senate confirmation hearing next Thursday.

The documents show the extent of the wealth of Mr. Bessent, whose assets and investments appear to be worth in excess of $700 million. Mr. Bessent was formerly the top investor for the billionaire liberal philanthropist George Soros and has been a major Republican donor and adviser to Mr. Trump.

If confirmed as Treasury secretary, Mr. Bessent, 62, will steer Mr. Trump’s economic agenda of cutting taxes, rolling back regulations and imposing tariffs as he seeks to renegotiate trade deals. He will also play a central role in the Trump administration’s expected embrace of cryptocurrencies such as Bitcoin.

Although Mr. Trump won the election by appealing to working-class voters who have been dogged by high prices, he has turned to wealthy Wall Street investors such as Mr. Bessent and Howard Lutnick, a billionaire banker whom he tapped to be commerce secretary, to lead his economic team. Linda McMahon, another billionaire, has been picked as education secretary, and Elon Musk, the world’s richest man, is leading an unofficial agency known as the Department of Government Efficiency.

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In a letter to the Treasury Department’s ethics office, Mr. Bessent outlined the steps he would take to “avoid any actual or apparent conflict of interest in the event that I am confirmed for the position of secretary of the Department of Treasury.”

Mr. Bessent said he would shutter Key Square Capital Management, the investment firm that he founded, and resign from his Bessent-Freeman Family Foundation and from Rockefeller University, where he has been chairman of the investment committee.

The financial disclosure form, which provides ranges for the value of his assets, reveals that Mr. Bessent owns as much as $25 million of farmland in North Dakota, which earns an income from soybean and corn production. He also owns a property in the Bahamas that is worth as much as $25 million. Last November, Mr. Bessent put his historic pink mansion in Charleston, S.C., on the market for $22.5 million.

Mr. Bessent is selling several investments that could pose potential conflicts of interest including a Bitcoin exchange-traded fund; an account that trades the renminbi, China’s currency; and his stake in All Seasons, a conservative publisher. He also has a margin loan, or line of credit, with Goldman Sachs of more than $50 million.

As an investor, Mr. Bessent has long wagered on the rising strength of the dollar and has betted against, or “shorted,” the renminbi, according to a person familiar with Mr. Bessent’s strategy who spoke on condition of anonymity to discuss his portfolio. Mr. Bessent gained notoriety in the 1990s by betting against the British pound and earning his firm, Soros Fund Management, $1 billion. He also made a high-profile bet against the Japanese yen.

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Mr. Bessent, who will be overseeing the U.S. Treasury market, holds over $100 million in Treasury bills.

Cabinet officials are required to divest certain holdings and investments to avoid the potential for conflicts of interest. Although this can be an onerous process, it has some potential tax benefits.

The tax code contains a provision that allows securities to be sold and the capital gains tax on such sales deferred if the full proceeds are used to buy Treasury securities and certain money-market funds. The tax continues to be deferred until the securities or money-market funds are sold.

Even while adhering to the ethics guidelines, questions about conflicts of interest can still emerge.

Mr. Trump’s Treasury secretary during his first term, Steven Mnuchin, divested from his Hollywood film production company after joining the administration. However, as he was negotiating a trade deal in 2018 with China — an important market for the U.S. film industry — ethics watchdogs raised questions about whether Mr. Mnuchin had conflicts because he had sold his interest in the company to his wife.

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Mr. Bessent was chosen for the Treasury after an internal tussle among Mr. Trump’s aides over the job. Mr. Lutnick, Mr. Trump’s transition team co-chair and the chief executive of Cantor Fitzgerald, made a late pitch to secure the Treasury secretary role for himself before Mr. Trump picked him to be Commerce secretary.

During that fight, which spilled into view, critics of Mr. Bessent circulated documents disparaging his performance as a hedge fund manager.

Mr. Bessent’s most recent hedge fund, Key Square Capital, launched to much fanfare in 2016, garnering $4.5 billion in investor money, including $2 billion from Mr. Soros, but manages much less now. A fund he ran in the early 2000s had a similarly unremarkable performance.

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