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The Supreme Court wrapped up its current session by limiting the ability of the Environmental Protection Agency (EPA) to regulate carbon emissions and allowing President Biden to end the Trump-era "Remain in Mexico" policy. Justice Stephen Breyer's retirement also became official and Ketanji Brown Jackson was sworn in as the first Black woman to sit on the court. Here's the latest: West Virginia v. EPA: - In a 6-3 decision, the Supreme Court ruled that the EPA can't regulate emissions from power plants without Congressional authorization.
- Chief Justice John Roberts wrote for the majority that limiting carbon dioxide emissions may be a reasonable way to address climate change, but that "it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme."
- In her dissent, Justice Elena Kagan wrote that the Court had appointed "itself – instead of Congress or the expert agency – the decision maker on climate policy."
- The decision leaves Biden with significantly fewer tools for addressing climate change and reaching the ambitious goal of making the U.S. economy carbon-neutral by 2050.
Biden v. Texas: - The Court ruled 5-4 that the Biden administration acted properly in suspending the Migrant Protection Protocols, which required asylum-seekers at the southern border to stay in Mexico during the claims process.
- Biden shut down the program, colloquially referred to as "Remain in Mexico," upon taking office, but a federal judge ruled in favor of Texas and Mississippi, which sued to keep the policy in effect.
- Chief Justice John Roberts and Justice Brett Kavanaugh joined with the court's three liberal justices in allowing the Biden administration to end the policy. Roberts wrote that immigration law allows the executive branch to determine such policy at the border.
- The case will be sent back to U.S. District Judge Matthew Kacsmaryk, who may attempt to reinstate "Remain in Mexico."
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President Biden said on Thursday that he would support the Senate making a filibuster exception in order to pass legislation guaranteeing abortion rights in the U.S. Though he has opposed ending the filibuster overall, he said codifying the rights previously guaranteed under Roe v. Wade was an instance where he would support an exception to the long-standing Senate custom. However, Democrats don't have enough votes in the Senate to end the filibuster at the moment as moderate Democrats Kyrsten Sinema and Joe Manchin have resisted the move. More: - "If the filibuster gets in the way, it's like voting rights," Biden said. "We provide an exception for this. We require an exception to the filibuster for this action."
- It takes 60 votes in the Senate to overrule an individual filibuster, but only a simple majority of 51 votes to get rid of the custom.
- Part of the Democrats' pitch for this November's midterm elections is expected to focus on their ability to pass laws protecting abortion rights and other rights deemed to be under threat should they pick up more seats.
- Vice President Kamala Harris this week said overturning the filibuster was a hypothetical move, because "the votes don't exist."
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The FDA on Thursday advised vaccine-makers to partially base their fall COVID-19 boosters on the BA.4 and BA.5 subvariants currently dominant in the U.S. The shots will combine the original formula, designed to fight the early SARS-CoV-2 virus which has long since dropped out of the population, with a BA.4/BA.5 based formula, which scientists believe will increase immunity against infection. Though there may be new variants in the fall, the updated boosters are likely to be much closer in lineage to the virus in circulation than the vaccines currently available. More: - Immunologists say the FDA is making a "best guess" with limited data. The agency also considered asking for vaccines that were designed to fight against the omicron BA.1 variant, which surged in the U.S. in December and January.
- The U.S. government is paying Pfizer $3.2B for 105 million of its updated boosters, which the company says should be ready by October.
- Moderna said it is developing a similar booster, but that it will likely not be ready until late October or early November.
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GOOD NEWS: Kim Phúc Phan Thi, who has long been known as "Napalm Girl" for her appearance in an iconic Vietnam War photograph, has received her final reconstructive laser treatment in South Florida. Kim Phúc's village was struck by a South Vietnamese napalm bomb in June 1972, when she was 9. She's undergone a dozen treatments for her burns, and has long visited South Florida for laser treatment to deal with pain. More: | |
Just under half of American adults believe that former President Donald Trump should be charged with a crime for his role in the Jan. 6 Capitol attack, according to a new AP-NORC poll. Taken after the first five public hearings from the Jan. 6 committee (but before Tuesday's), the poll found that 48% of Americans think Trump should be charged with a crime, 31% say he shouldn't, and 20% say they don't have enough information to make a judgment. More than half of Americans, 58%, believe Trump bears either a "great deal" or "quite a bit" of responsibility for the events of Jan. 6. More: - Opinions about Trump's liability are closely correlated to party affiliation. 86% of Democrats believe he should be charged, compared to only 10% of Republicans.
- 46% of Americans say Republicans in Congress were "significantly responsible" for the events of Jan. 6, 21% hold them "somewhat responsible," and 30% say they were not responsible for it.
- Only 42% of Americans say they watched or listened to parts of the Congressional hearings, but 56% say they have been following news about it.
- Democrats were more likely to say they've been following the Jan. 6 news, 75% to 42%.
- The Justice Department continues to investigate the insurrection, though it's unknown if Attorney General Merrick Garland plans to bring significant charges, especially against former members of the executive branch.
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Actor Cameron Diaz is coming out of retirement to star alongside Jamie Foxx in the Netflix movie "Back In Action." Foxx announced Diaz's involvement with a recorded phone call featuring Tampa Bay Buccaneers quarterback Tom Brady, who also "un-retired" earlier this year. More: - The film is an action-comedy directed by Seth Gordon ("Horrible Bosses," "Baywatch"), according to a Netflix press release.
- Diaz's last film was the 2014 musical comedy adaptation "Annie," also starring Foxx.
- In 2020, Diaz told Gwyneth Paltrow that she retired to create more "space for [her] personal life."
- Diaz married Good Charlotte guitarist Benji Madden in 2015. They have one daughter, Raddix.
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- Judges in Kentucky and Florida have temporarily blocked their states' total or partial abortion bans. New abortion bans that took effect following the Supreme Court's Dobbs decision have also been temporarily stopped in Louisiana, Texas, and Utah this week.
- California lawmakers on Thursday passed legislation that will phase out single-use plastics in the state over the coming decade.
- Snap has launched Snapchat+, a $3.99/month subscription service that will give paying users upgraded features, including the ability to see who rewatched their story.
- Active home listings increased by 19% in June, according to Realtor.com, indicating that the housing shortage exacerbated by the pandemic is beginning to ease.
- Delta CEO Ed Bastian told frequent flier members that the current level of flight disruptions is "unacceptable." The airline has canceled 4% of its flights since Memorial Day weekend.
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| | Jonathan Harris is a writer and editor who lives in Los Angeles. | | Editor | Eduardo Garcia is a writer and editor based in New York. He is the author of "Things You Can Do," an illustrated book about climate action. Bylines in The New York Times, The Guardian, Slate, Scientific American, and others. In one of his previous lives, Eduardo worked as a Reuters correspondent in Latin America for nearly a decade. | |
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