Connect with us

Business

Column: How a surgeon general's warning and a Supreme Court ruling may place gun control on the front burner

Published

on

Column: How a surgeon general's warning and a Supreme Court ruling may place gun control on the front burner

For decades, gun control policy in the U.S. has been virtually untouchable — except through efforts to make America’s gun culture deadlier, raising the toll of innocent victims.

Two recent developments suggest that the ground may finally be shifting toward rationality.

One is an “advisory” from Surgeon General Vivek Murthy identifying firearm violence as a public health crisis — the boldest statement from a government official calling attention to the horrific consequences of the nation’s turn away from common sense gun control.

Originalism tells judges not to consider the practical consequences of their interpretations.

— Former Supreme Court Justice Stephen Breyer explains why America can’t pass workable gun laws

Advertisement

Murthy’s report is in the finest tradition of public health policy, akin to the 1964 report by Surgeon General Luther Terry that placed the links between smoking and cancer, bronchitis and coronary disease into the public record.

As Murthy himself observes, that initiative placed the U.S. on a course of tobacco regulation that reduced the prevalence of smoking from 42% of adults in 1964 to 11.5% in 2022.

The other is a June 21 Supreme Court decision finding that laws barring domestic abusers from possessing guns are constitutional. The ruling is an indication — albeit slight — that a majority on the court has concluded that earlier decisions that found almost any state and local restrictions violated the 2nd Amendment were far too indulgent.

Let’s take the advisory and ruling in order.

Advertisement

Murthy’s advisory is an extraordinary synopsis of the toll of America’s fascination with firearms and its failure to regulate gun ownership.

Firearms passed motor vehicles as the leading cause of death of children and adolescents in the U.S. in 2019.

(U.S. Surgeon General)

He reports that firearms are now the leading cause of death among children and adolescents, having passed motor vehicles in 2019. In 2022, guns killed more than 48,200 Americans through homicides, suicides and accidents, rising by about 16,000 over the previous 10 years.

Advertisement

Murthy’s report notes that guns are used in 55% of all suicide attempts and that their lethality in those cases is unmatched — nearly 90% end in death, higher than any other method.

The report treats mass shootings (defined as those with four or more victims, not counting the shooter) soberly. These account for only about 1% of all firearm deaths, but their impact is far greater due to their “outsized collective trauma on society” and their “strong negative effect on the public’s perception of safety.” One in three adults “say fear prevents them from going to certain places or events.”

Murthy’s report puts the lie to the familiar claim by Republicans and gun rights fanatics that the problem, especially when it comes to mass shooting, is mental health, not firearms.

House Speaker Mike Johnson (R-La.), for instance, told Fox News anchor Sean Hannity in October, after a gunman killed 18 people in Lewiston, Maine: “Mental health, obviously, as in this case, is a big issue, and we have got to seriously address that as a society and as a government.”

Yet Murthy reports that “one’s mental health diagnosis or psychological profile alone is not a strong predictor of perpetrating violence of any type…. Importantly, most people with serious mental illness are not violent against others. In fact, people with serious mental illnesses are more likely to be victims of violence.”

Advertisement

For all their nattering about the need to address mental health, anyway, Republicans have never lifted a finger to promote any programs to do so.

Now to the Supreme Court.

international comparison

The rate of firearm deaths of childen and adolescents in the U.S. vastly surpassed the rates in other developed countries.

(U.S. Surgeon General)

Rahimi v. United States, which yielded an 8-1 decision on June 21, is the first gun-rights case to come before the court since a 2022 decision known as Bruen, in which Clarence Thomas, writing for a 6-3 majority, essentially found that all modern efforts to regulate firearms are unconstitutional.

Advertisement

Thomas held, in effect, that the only legitimate basis for judging gun laws is historical — weighing the laws against the language of the 2nd Amendment to determine how the amendment was viewed by its drafters in 1789 and how their approach was dictated by the political and social context of that time.

In Bruen, Thomas ridiculed Justice Stephen Breyer’s dissent (with which justices Sonia Sotomayor and Elena Kagan concurred). Breyer had opened his argument with nine pages of statistics about gun ownership and its consequences for health and safety.

“It is hard to see what legitimate purpose can possibly be served” by Breyer’s figures, Thomas sneered. “Why, for example, does the dissent think it is relevant to recount the mass shootings that have occurred in recent years?”

In Rahimi, however, Chief Justice John G. Roberts Jr. asserted that the consequences of unrestricted gun ownership were highly relevant. To be fair, this was easy. The record made clear that Zackey Rahimi, the gun owner at the center of the case, was one vicious specimen indeed. As Roberts laid out in the opening three pages of his majority opinion, Rahimi had beat up his girlfriend (the mother of his child) and fired in her direction or at a bystander as she fled his grasp.

After she got a restraining order against him, he stalked her, threatened a different woman with a gun, was suspected by police of at least five other shootings, fired at motorists in at least two road-rage incidents and fired his gun indiscriminately at least two other times. Police searched his home and found a pistol and a rifle. He was charged under a Texas law that criminalized possessing a gun while under a retraining order due to domestic violence.

Advertisement

Despite all that, the 5th Circuit Court of Appeals overturned Rahimi’s conviction, citing Bruen.

Roberts’ decision in Rahimi is a step toward ratcheting back the Bruen effect, in which almost every gun regulation is suspect. That brings us to the “originalism” principle, which undergirds the court conservatives’ distaste for restrictions on gun rights. As expressed by Thomas in his Bruen opinion, originalism holds that interpreting the constitution must depend on the “public understanding of a legal text in the period after its enactment or ratification.”

As the now-retired Breyer put it in a recent essay, “the originalist, instead of looking to the text and asking what the words mean now, may well ask what they would have meant to an ordinary eighteenth-century person” and applies them to the world of today. (Breyer isn’t a fan of originalism.)

Scholars such as Stanford historian Jack Rakove argue that interpretations of the 2nd Amendment depend more on originalism than any other provisions of the Constitution. Its impact emerged most notably in the Supreme Court’s so-called Heller decision. In that 2008 decision written by Justice Antonin Scalia, a 5-4 majority overturned a Washington, D.C., ordinance largely barring citizens from possessing handguns for self-defense in their own home.

Heller overturned more than the D.C. law — it upended more than 200 years of scholarship about the meaning of the 2nd Amendment’s preamble, which links “the right of the people to keep and bear arms” to the establishment of “a well regulated Militia.”

Advertisement

As Breyer pointed out, historians and linguists had argued (in a friend-of-the-court brief in the Bruen case) that the phrase “bear arms” overwhelmingly referred to “war, soldiering, or other forms of armed action by a group” — not to an individual right. Heller, however, established an individual right to gun ownership for the first time.

Bruen expanded that right to gun ownership outside the home. The ruling deemed unconstitutional a New York law requiring citizens to have a license to carry firearms in public. America’s rising tide of gun violence can fairly be traced to Heller.

Scholars have pointed to numerous problems with originalism. One is that judges are (usually) not historians. They may be utterly at sea when trying to find the apposite historical application to contemporary conditions.

The drafters of the 2nd Amendment, as it happens, were concerned about the public threat of a government’s standing army; historians argue that the amendment was designed to prevent the federal government from interfering with the creation of state militias.

Firearms in the 18th century were “not nearly as threatening or lethal as those available today,” Rakove writes; people in that era were concerned not with threats from “casual strangers, embittered family members, violent youth gangs, freeway snipers, and careless weapons keepers.”

Advertisement

In other words, applying an 18th century mind-set to 21st century conditions is a fool’s errand. “Originalism” only interferes with judges’ responsibility to ponder the real-world impacts of their decision — their option, Rakove says, is to “ransack” the historical record for quotations that can support their preexisting goals.

“Originalism,” says Breyer, “tells judges not to consider the practical consequences of their interpretations.” Its product is the paralysis of federal, state, and local efforts to regulate gun ownership. It’s also responsible for the contraction of individual rights being rolled back almost gleefully by the current Supreme Court majority, notably abortion and other women’s reproductive healthcare rights, as originalists argue that the concept of privacy on which those other rights are based can’t be found in the Constitution.

It’s also proper to note that the public during the time the 2nd Amendment was drafted, enacted and ratified is very different from the public affected by its consequences today. In 1791, among other distinctions, enslaved people were not considered citizens and women could not vote. Who set the terms back then under which today’s Americans must live?

Rahimi won’t solve the mess in gun regulation created by the Heller and Bruen rulings. A multitude of pending cases might strengthen it or undermine it. But at least it’s a step back from the abyss.

Murthy’s advisory gives a similar impression of being a first step on a path that might lead nowhere. He calls for more research on violence prevention strategies and laws preventing children’s access to guns, universal background checks, banning assault weapons and restricting the carrying of loaded firearms in public.

Advertisement

The bottom line, of course, is that America’s gun violence crisis can only be solved by fewer guns. There’s a long road ahead to reaching that goal.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Business

Paramount leaders address 'simply unacceptable' profit declines after sale talks collapse

Published

on

Paramount leaders address 'simply unacceptable' profit declines after sale talks collapse

Two weeks after the sale talks collapsed between Paramount Global and Skydance Media, the company’s co-chief executives tried to rally employees for the future in a packed town hall meeting Tuesday morning.

The company’s so-called “Office of the CEO,” comprising division heads George Cheeks, Chris McCarthy and Brian Robbins, addressed 500 employees on the Paramount Pictures studio lot in Los Angeles while thousands more tuned in remotely.

“We know what a difficult and disruptive period it has been,” Robbins said during the meeting, which was held at the famed movie and TV studio’s Paramount Theatre. “And while we cannot say that the noise will disappear, we are here today to lay out a go-forward plan that can set us up for success no matter what path the company chooses to go down.”

That plan is a multipronged approach intended to increase profits for Paramount’s streaming service while cutting costs and putting some of the company’s assets up for sale. The company has struggled to compete in streaming, while its once-robust cable channels continue to decline.

Advertisement

“Let me be clear … a 61% decline in profits is simply unacceptable,” McCarthy said during the meeting, referring to recent dismal financial results. “We need to act now to reverse this trend.”

Paramount is advancing talks with potential partners to expand the international reach of Paramount+, which could help make up for the declines in linear TV.

The company is also looking at selling certain assets and has already hired bankers to help with the process, Cheeks said. Those assets could include BET and non-CBS-affiliated TV stations. Proceeds from any potential sales could help Paramount pay down its mountain of debt.

It’s all part of a $500-million cost-cutting plan the company previously telegraphed earlier this month, which would include an unspecified number of layoffs. The belt tightening comes after several waves of cost-cutting and previous asset sales, such as the jettisoning of book publishing giant Simon & Schuster and CBS real estate, including its Manhattan skyscraper and the movie and television lot in Studio City.

The Office of the CEO structure was established after the firing of Chief Executive Bob Bakish, who opposed controlling shareholder Shari Redstone’s plan for Skydance Media and its leader David Ellison to take over Paramount.

Advertisement

Skydance, Paramount and Redstone’s holding company National Amusements Inc. has until recently engaged in months of closely watched deal talks. Under the proposal, Skydance would have acquired National Amusements, including Redstone’s voting shares in Paramount. Then Paramount would have acquired Skydance, putting Ellison in charge of the combined company.

Paramount’s special committee was set to vote on the complicated transaction, but Redstone pulled her support at the last minute, killing the deal.

Times staff writer Meg James contributed to this report.

Advertisement
Continue Reading

Business

Supreme Court makes it harder for SEC to punish fund managers accused of defrauding investors

Published

on

Supreme Court makes it harder for SEC to punish fund managers accused of defrauding investors

The Supreme Court on Thursday made it harder for the Securities and Exchange Commission to penalize fund managers accused of defrauding investors.

In a 6-3 decision, the justices said those accused of stock frauds are entitled to a jury trial in a federal court, not an administrative hearing before a judge appointed by the SEC.

The court said the 7th Amendment and its right to a jury trial is not limited to private lawsuits, but extends to suits brought by the government seeking fines or penalties for violating the law.

“A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator,” said Chief Justice John G. Roberts Jr., writing for the court. “Rather than recognize that right, the dissent would permit Congress to concentrate the roles of prosecutor, judge, and jury in the hands of the executive branch. That is the very opposite of the separation of powers that the Constitution demands.”

Advertisement

Dissenting, Justice Sonia Sotomayor said the ruling will make it much harder to enforce regulatory laws.

Congress has “enacted more than 200 statutes authorizing dozens of agencies to impose civil penalties for violations of statutory obligations. Congress had no reason to anticipate the chaos today’s majority would unleash after all these years,” she said. Justices Elena Kagan and Ketanji Brown Jackson agreed.

The decision is consistent with the conservative court’s determination to rein in the so-called “administrative state.”

Congress created the SEC in 1934 in response to the stock market crash with a mission to root out schemes and frauds that cheated investors.

In recent years, conservatives have criticized the SEC as an agency with unchecked power. They say it can enact rules as a legislature does, investigate potential violations as a prosecutor, and at times serve as judge and jury to impose large fines on those who violate its rules.

Advertisement

The case of SEC vs. Jarkesy focused on the agency’s unusual power to seek large fines and penalties through in-house administrative hearings.

In 2007, George Jarkesy launched a hedge fund in Houston that managed about $24 million for 120 investors. It lost money after the Wall Street sell-off in 2008.

The SEC later said he had misled investors by telling them a prominent accounting firm was serving as an auditor and an investment bank was serving as a broker. The agency also said he inflated the value of shares to inflate his management fees.

The SEC brought an administrative claim against Jarkesy and his Patriot28 fund, and after more than six years of review, he was ordered to pay a civil penalty of $300,000 and to “disgorge” $685,000 in illicit gains.

On appeal, his attorney said Jarkesy was “put to trial before a captive agency judge sitting unconstitutionally with no right to a jury.” The SEC “almost always wins in its own courts,” he said.

Advertisement

Congress has steadily expanded the types of cases eligible for administrative hearings. The SEC increased its use of the administrative process after losing a series of jury trials in insider-trading cases, including a 2013 verdict favoring Mark Cuban, then an owner of the Dallas Mavericks.

Continue Reading

Business

Sierra Club workers vote to authorize strike amid layoffs, allegations of mismanagement

Published

on

Sierra Club workers vote to authorize strike amid layoffs, allegations of mismanagement

Unionized workers at the Sierra Club, a leading environmental organization, have voted overwhelmingly to authorize a potential strike amid layoffs and allegations of financial mismanagement.

The vote, in which 87% of about 180 staffers who cast ballots authorized union leaders to call a strike, raises the likelihood of a work stoppage at the historic institution, which has been roiled by downsizing efforts as fundraising has plummeted.

“What has intensified over the last year is a lack of reciprocity, respect and care for members of the union and a dismissal of their humanity,” said Cecilia Garcia-Linz, who has worked at the Sierra Club for 13 years and serves as president of the Progressive Workers Union, which represents Sierra Club employees. “Just because we love the planet and enjoy the work we do doesn’t mean we should forgo wages or other rights they are trying to take away.”

As contract talks have dragged on for the past several months, the union has filed claims of unfair labor practices with the National Labor Relations Board alleging that Sierra Club leaders have deliberately delayed bargaining and retaliated against union leaders by targeting them for layoffs, as well as unlawfully limited employees’ ability to speak out about their workplace conditions, among other charges.

Garcia-Linz said the union plans to call a strike as soon as Tuesday if progress isn’t made on contract negotiations and union leaders who have been laid off aren’t reinstated. A strike would be undertaken by the roughly 200 unionized workers in the Sierra Club’s national organization, not staffers employed by its various local chapters.

Advertisement

Sierra Club spokesperson Jonathon Berman called the union’s allegations “baseless” and said the organization has offered robust pay raises and expanded benefits in negotiations.

“A common tactic from PWU National leadership has been to allege union busting and personally attack individuals within the organization whenever leadership cannot agree to one of their demands,” Berman said in an email.

The Sierra Club experienced a boost in fundraising and increased staffing significantly when former President Trump was in office as it and other groups positioned themselves as a line of defense against Trump administration policies widely viewed as being harmful to the environment. After Trump lost his reelection bid, fundraising fell and the organization has been forced to return to pre-2017 staffing levels, Berman said.

Berman said that after layoffs of about 70 employees — about 10% of the total workforce — and eliminating more than 80 vacant positions, the company is now on track to hit its revenue goals for the year. A strike, he added, would “undermine the Sierra Club’s operations and ability to fundraise.”

The total number of employees in the Sierra Club’s chapters and national staff are down from a high of 913 in 2022 to 718 this year, according to a May budget report compiled by the organization.

Advertisement

A bargaining session with an outside mediator is scheduled for Monday, Berman said.

Much of the union’s ire has been focused on Sierra Club Executive Director Ben Jealous, who took over the organization last year after it went through a wrenching internal reckoning over racist views promoted by its founder, John Muir, more than a century ago and allegations of abuse by a former senior employee that arose out of the #MeToo movement.

Several workers said they were initially excited about the hiring of Jealous, who professed pro-labor sentiment on a listening tour at the beginning of his tenure, but the relationship began to sour when he announced deep cuts to staff and an organizational overhaul in April 2023 that he said would mitigate a budget deficit he had inherited.

In an interview this month, Jealous said the Sierra Club’s leadership was “being extremely transparent,” and that people may not have realized how precarious the group’s finances had been.

“These are the hard decisions that you have to make when you lead a more than century-old institution and you’re committed to it having a future as long as its past,” he said.

Advertisement

In early June, unionized workers sent a letter to the Sierra Club’s board of directors informing them they had issued a vote of no confidence in the organization’s leadership, with more than 90% of 330 union-represented workers approving the rebuke.

In response to union allegations that Jealous has not reigned in spending and has hired friends for management posts, Berman said that travel budgets have been reduced and that many vacant senior-level positions had needed to be filled.

“Given the looming budget crisis Ben Jealous inherited, we moved quickly to fill those key roles with seasoned leaders,” Berman said. “Having worked with Ben Jealous before should not be a disqualifier.”

Erica Dodt, an elected member of the union’s executive committee and a bargaining team member who is about eight months pregnant, was laid off last month. She said that, along with concerns over losing her healthcare benefits, she worries that the turmoil is coming during a year when Trump is seeking reelection.

And Jennifer Cardenas, who worked as a Sierra Club field organizer in the Inland Empire for about two years before being laid off, said her team was hit hard by layoffs last year. The cuts, she said, had unraveled the team’s work on environmental justice issues in communities of color.

Advertisement

“It’s really disheartening,” she said.

Staff writer Sammy Roth contributed to this report.

Continue Reading

Trending