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Column: This GOP-leaning political polling firm has turned into a purveyor of anti-vaccine propaganda

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Column: This GOP-leaning political polling firm has turned into a purveyor of anti-vaccine propaganda

Rasmussen Reports used to be a fairly creditable and credible political polling organization, good enough to be included among the pollsters relied on by services such as FiveThirtyEight to give a broad-spectrum gauge of voter sentiment in the run-up to state and federal elections.

It’s true that Rasmussen had a detectable pro-Republican “house effect,” in polling parlance — but one that was consistent enough to compensate for in published polling averages.

But something has happened to Rasmussen in recent years. Not only have its results become more sharply partisan, favoring Republican and conservative politicians, but it also has increasingly promoted right-wing conspiracy theories on topics such as race relations, election results and — perhaps most troubling — COVID vaccines and COVID origins.

By random chance alone…there will be a large number of people who die within, say, 30 days of being vaccinated even if the vaccine has absolutely nothing to do with their deaths.

— Pseudoscience debunker David Gorski, MD

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Earlier this month, Rasmussen tweeted the results of polls it conducted in June 2023 and last month, claiming to find that 1 in 5 Americans believe they know someone who died from a COVID vaccine.

There are many reasons to disregard any such poll asking people what they think about a scientifically validated fact — in this case, that the record shows overwhelmingly that the COVID vaccines widely used in the U.S. are safe and effective.

But Rasmussen has doubled down on its findings. In a series of tweets on June 9, it declared, first: “If the numbers implied by our COVID polling are correct, the vaccines killed more people worldwide than Jews killed in the Holocaust.”

Then it tweeted: “China lied. Fauci lied. People died.” And followed that with: “The government take over of medicine was as deadly as always predicted.”

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In other words, Rassmussen has morphed from a quantifier of public opinion into a participant in the spread of noxious propaganda. It still tries to validate its results by claiming that they’re “relevant, timely and accurate,” citing its “track record.”

But that track record has been sprouting gray hairs. The most recent election polling cited by the web page documenting its track record is from 2010.

More recently, 538, now owned by ABC News, dropped Rasmussen from its polling averages in March. ABC took that step after Rasmussen failed to respond suitably to a questionnaire 538 submitted asking Rasmussen to explicate its polling methodology. Rasmussen published ABC’s query on its website under the headline, “ABC News: ‘Answer Our Questions — Or Else!’”

I asked Rasmussen Reports by phone and email to comment on its tweet and its polling, but received no response.

Rasmussen’s veer to the far right has been noticeable for several years. Founded in 2003 by pollster Scott Rasmussen, the firm’s forecasts received high marks for accuracy in the 2004 and 2008 presidential elections. But it fell short in 2012, predicting victories for Mitt Romney over Barack Obama in several states that Obama won.

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As my colleague James Rainey observed in the aftermath, the Rasmussen polls had been used by conservative media outlets “to prop up a narrative in the final days of the campaign that Romney had momentum and a good chance of winning the White House.”

In 2013, Scott Rasmussen left the firm due to unspecified business disagreements with its owner, the private equity firm Noson Lawen Partners.

In recent years, the firm has resembled a pollster-for-hire appealing to conservative organizations and authors. During the Trump administration, it became known for “a social media presence that embraced false claims that spread widely on the right,” Philip Bump of the Washington Post observed in March.

The firm’s treatment of the 2022 Arizona gubernatorial election, in which Democrat Katie Hobbs defeated Republican Kari Lake, is a good example. In March 2023, Rasmussen reported the results of a poll it had conducted four months after the election, purportedly finding (according to a headline on its website) that “most Arizona voters believe election ‘irregularities’ affected outcome.”

According to Rasmussen, 51% of Arizona voters chose Lake and only 43% voted for Hobbs. The poll placed the election turnout at 92%; actually it was 62.6%.

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On Steve Bannon’s War Room podcast, Mark Mitchell, Rasmussen’s lead pollster, said its results showed that “people in Arizona, by and large, think that cheating happened.” That unsupported assertion, of course, is the core of the long, fruitless campaign to overturn the election by Lake — who gleefully cited the Rasmussen results.

Rasmussen polls on COVID vaccines and other such topics aren’t entirely worthless. They may not tell us anything useful about scientific research or electoral results, but they do offer a window into how propaganda and claptrap have penetrated deeply into our political discourse, at least within the right-wing fever swamp.

That brings us back to its polling on COVID and COVID vaccines. Rasmussen’s methodology seems to include wording its questions as if they are stating a fact, no matter how dubious. For its May 2024 poll of 1,250 American adults, for instance, it asked, “Do you know someone personally who died from side effects of the COVID-19 vaccine?” Rasmussen reported that 19% replied in the affirmative; the poll had a margin of error of 3%.

Such questions have obvious flaws. The most important is that most respondents have no way of knowing whether an acquaintance’s death was related to the vaccine; nor does Rasmussen, which conducts its polls with robot calls, have any way of authenticating the respondent’s answer.

Blaming the COVID vaccines for a tide of undocumented injuries and deaths is a popular theme in the anti-vaccine community.

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For them, it has the virtue of being suggestive and unverifiable; with nearly 700 million doses of the Moderna and Pfizer vaccines having been administered in the U.S. alone, the law of large numbers implies that “by random chance alone … there will be a large number of people who die within, say, 30 days of being vaccinated even if the vaccine has absolutely nothing to do with their deaths,” in the words of veteran pseudoscience debunker David Gorski.

It’s not unusual for the death or illness of a prominent entertainer or athlete to provoke swarms of anti-vaxxers to assert that the victim must have been recently vaccinated. Florida Surgeon General Joseph Ladapo, who I earlier identified as “the most dangerous quack in America” and a “card-carrying member of the anti-vaccine mafia,” misrepresented published research to claim that the COVID vaccine presented an elevated threat of cardiac problems for young men.

The research said no such thing; on the contrary, it said that the risk of cardiac death from the vaccines was statistically nonexistent and, indeed, lower than the risk of cardiac death resulting from catching COVID-19 itself.

Despite all that, conjectures by laypersons that the illness or death of acquaintances can be traced to the vaccines are legion. One promoter of the idea, economist Mark Skidmore of Michigan State University, even concluded from an anonymous database of 2,840 respondents compiled by a third-party survey firm that the number of respondents who said they knew someone who had died from the vaccine meant that the number of deaths from the vaccine in the U.S. “may be as high as 278,000.”

Skidmore’s paper citing that statistic was retracted last year by the peer-reviewed journal that had published it.

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Rasmussen’s promotion of its vaccine-related balderdash is replete with weasel words, as if the firm is opting for plausible deniability.

In its tweet stating that “If the numbers implied by our COVID polling are correct, the vaccines killed more people worldwide than Jews killed in the Holocaust,” for instance, the word “if” carries a lot of baggage — not that its invocation of the Holocaust is defensible under the circumstances.

Similarly, its tweet, “China lied. Fauci lied. People died” refers to a question on its June 23 poll about COVID, in which it asks respondents to agree or disagree with that phrase. (This is known as “JAQing,” for “just asking questions.”)

As for its tweet stating, “The government take over of medicine was as deadly as always predicted,” that’s cast as a comment on a tweet by the former CBS and Fox reporter-turned-conspiracy-monger Lara Logan. She had written, “Pointing out how [Anthony] Fauci was seen by many as one of the worst mass killers in history — is what got me taken off the air at Fox. It was true then — and it is true now.”

Leave aside that the U.S. government has not staged a “take over of medicine,” much less that government action in healthcare has been “deadly.”

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Make no mistake: Rasmussen is responsible for these tweets, and deserves blame helping to foment a mass delusion about the vaccines that may have cost the lives of vaccine resisters. If it ever had a reputation for trustworthiness, it doesn’t have it any longer.

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

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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

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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.

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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.

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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.”

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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.

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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.

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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.”

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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.”

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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.

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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.

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Supreme Court upsets $10-billion opioid settlement because it shields the Sacklers

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Supreme Court upsets $10-billion opioid settlement because it shields the Sacklers

The Supreme Court on Thursday rejected a mass settlement related to the nation’s opioid crisis that would have paid an estimated $10 billion to victims, hospitals, states and others, and shielded the Sackler family from further liability.

By a 5-4 vote, the justices ruled that a bankruptcy judge does not have broad power to arrange a mass settlement of thousands of claims that includes protections for people who are not bankrupt.

The justices were split in an unusual way. Justice Neil M. Gorsuch spoke for the majority, while Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Elena Kagan and Brett M. Kavanaugh dissented.

“We hold only that the bankruptcy code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seeks to discharge claims against a nondebtor without the consent of affected claimants,” Gorsuch said.

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“Today’s decision is wrong on the law and devastating for more than 100,000 opioid victims and their families,” Kavanaugh said in dissent. “The court’s decision rewrites the text of the U.S. Bankruptcy Code and restricts the long-established authority of bankruptcy courts to fashion fair and equitable relief for mass-tort victims.”

The Sacklers, owners of the Purdue Pharma company, had denied wrongdoing but agreed to contribute $6 billion to the settlement fund if they would be protected from future lawsuits.

The case has been closely followed not just because of the opioid settlement but also because of the use of bankruptcy laws to settle other mass lawsuits involving the Boy Scouts of America and some Catholic dioceses.

Purdue Pharma filed for bankruptcy in 2019 facing thousands of lawsuits alleging its marketing of OxyContin as a nonaddictive pain relief pill had triggered an opioid epidemic that led to more than a half-million deaths since the mid-1990s. In the decade prior to the bankruptcy, the company had distributed about $11 billion to members of the Sackler family and their offshore accounts.

Their lawyers maintained that more than half of this amount was paid in taxes.

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But the scale of the damage and the liability for OxyContin was extraordinary. A bankruptcy court later put a hold on new lawsuits, while the pending claims against Purdue Pharma and the Sacklers were estimated to seek in total more than $40 trillion.

A coalition of creditors, including victims, hospitals, local and state governments and tribal nations, negotiated a settlement that was that expected to pay out about $10 billion. Most of the funding — about $6 billion — came from the Sacklers.

In 2021, a bankruptcy judge approved the settlement and described it as the “only reasonably conceivable” way to fairly resolve the mass of lawsuits. Without the money from the Sacklers, he said the company would be liquidated, leaving most of the creditors with nothing.

While more than 95% of the creditors said they approved the deal, including all 50 states, the Biden administration’s bankruptcy trustee opposed it. He did so because the settlement shielded the Sacklers from any further or future liability.

In Harrington vs. Purdue Pharma, the trustee argued that the Sacklers were not bankrupt and therefore, cannot take advantage of the shield provided by a bankruptcy settlement.

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Last year, the Supreme Court put the settlement on hold to consider that argument.

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Inflation’s Wild Ride

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Inflation’s Wild Ride

“The signal that we’re taking is that it’s likely to take longer for us to gain confidence that we are on a sustainable path down to 2 percent inflation,” Mr. Powell said in May, after price increases had stalled for months. Inflation has recently cooled again, and policymakers are waiting to see if the trend lasts.

The question now is just how much continued progress on lowering inflation Fed officials will need to see to feel comfortable lowering interest rates.

Investors still think it is possible that the central bank will cut rates in September, based on market pricing. Fed officials themselves predicted one reduction this year and four in 2025, as of their June economic forecasts.

For politicians, that means that the November election will almost certainly happen against a backdrop of high interest rates that are making car leases, credit card borrowing and new mortgages pricey for consumers.

After years of elevated inflation, Americans are also still seeing much higher price levels at the grocery store, on car repair bills and at hotels than before the pandemic.

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Price increases have slowed, but getting used to new price levels could take time for consumers.

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