Wednesday, June 8, 2022

The Morning: A Supreme Court preview

Five major rulings are expected in coming weeks.

Good morning. We preview the five biggest rulings expected from the Supreme Court in the next few weeks.

Anti-abortion activists at the Supreme Court this week.Drew Angerer/Getty Images

Five for five?

The month of June at the Supreme Court — when the justices tend to announce their biggest decisions — has had a similar rhythm over the past few decades. There is usually an ideologically complicated mix of decisions, with some pleasing the political right (on voting rights and business regulation, for example) and others pleasing the left (on health care and L.G.B.T. rights).

This month, however, looks as if it might be different. "The right may well run the table on the big cases," Adam Liptak, a former lawyer who covers the court for The Times, told me.

The five most closely watched cases include one each on abortion, gun control and climate regulation and two on religion. All five decisions are likely to be announced this month (unless the court extends its term into early July). Based on the justices' questions during the oral arguments in each case, conservative rulings appear likely.

Individual surprises are always possible, Adam emphasizes. But the court does seem to be shifting to the right. In the past four years, Anthony Kennedy — a conservative justice who nonetheless joined liberals on some major decisions — has been replaced by the more conservative Brett Kavanaugh. And Ruth Bader Ginsburg — a liberal icon — has been replaced by Amy Coney Barrett, who may be even more conservative than Kavanaugh.

The result seems to be a new era for the court. It now has six Republican appointees, and only one of them — Chief Justice John Roberts — evidently prefers a cautious approach. The remaining five form what Adam calls "an impatient, ambitious majority," eager to shape American law as they believe it should be shaped, even when it means overturning longstanding court precedent or rejecting policies passed by Congress or state legislatures.

Today's newsletter offers a preview of the term's end, with Adam's help.

Abortion

The case dominating public attention involves Mississippi's ban on most abortions after 15 weeks of pregnancy. Last month, Politico reported that five justices — all the Republican appointees save Roberts — had tentatively voted not only to allow Mississippi's ban but to go even further and overturn Roe v. Wade, allowing full abortion bans.

Adam said he thought that outcome remained the most likely one. But it's also plausible that Roberts will join the ruling as a sixth vote even though he did not sign onto the earlier draft. Given the intense reaction that's sure to follow, Roberts may prefer that the case not be decided by a single vote.

Alternately, one of the other five conservatives could defect and join Roberts in a narrower ruling that allowed Mississippi's ban without overturning Roe. Such a decision would leave many conservatives feeling disappointed about this term, regardless of the result in other cases, given the expectations that Politico's story created.

(Here is The Morning's recent guide to what a post-Roe America might look like.)

Guns

Fourteen years ago, the Supreme Court threw out a Washington, D.C., law that heavily regulated how people could keep guns in their homes. Now, the court is considering whether to throw out a New York State law that restricts people's ability to carry guns in public.

New York requires people to demonstrate that they have a specific need to carry a handgun in public. During the recent oral arguments in a case challenging that law, the conservative justices' questions suggested they were likely to overturn the law and rule that it violated the Second Amendment.

If they do, the ruling could also invalidate similar laws in a handful of other states, including California, Maryland and Massachusetts.

Law enforcement officials in New York are concerned that the end of the law could lead to an increase in crime, my colleague Jonah Bromwich explains. "There is also the atmospheric oddity of the court weighing in on guns rights at a time when the country is traumatized by gun violence," Adam says, referring to recent mass shootings in Buffalo and Uvalde, Texas.

The climate

A central question about the newly conservative Supreme Court is how aggressively it will restrict federal agencies from regulating greenhouse gas emissions.

A case this term — West Virginia v. Environmental Protection Agency — suggests that the justices may choose to be aggressive. The details are complex, but the result could be a ruling that limits the E.P.A.'s ability to enact regulations that apply to multiple power plants, rather than individually regulating each one.

The broader area of law here is known as administrative law, and it has been a top priority of the Federalist Society, an influential conservative group that has helped mentor and vet judges. Federalist Society members often argue that government agencies should not be permitted to impose regulations that Congress has not specifically enacted. "The view is that Congress should be making the laws and not unelected bureaucrats," as Adam says.

Opponents counter that Congress cannot envision every scenario when passing laws and that regulators need the flexibility to protect citizens from harms — like pollution.

Religion

The court's new majority has already shown a strong desire to protect religious freedom. That position seems likely to manifest itself in two new decisions this month.

One deals with a challenge to a Maine law that allows rural residents who live from far any public school to attend a private school — but not a religious private school — using taxpayer dollars. The other deals with a former high school football coach near Seattle who lost his job after praying on the 50-yard line at the end of his team's games; he argued that doing so was a matter of religious freedom, while the school district contended that he was effectively pressuring team members into participating.

When the interests of governments and religious groups conflict, this court tends to side with the religious groups.

And the rest

The court is also expected to issue rulings in about 25 other cases in coming weeks. Many of those are less ideological or lower profile, and some will likely not result in major conservative victories.

But the term after this one — starting in the fall — seems to be shaping up as another conservative term, with the court already having agreed to hear cases on affirmative action, voting rights and a clash between religious freedom and L.G.B.T. rights. The justices may also choose to add to its docket the "800-pound gorilla" of election oversight cases, as Adam recently explained.

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MORNING READS

A caviar "bump" at the Temple Bar in Manhattan.Dolly Faibyshev for The New York Times

Caviar bump: Some people are slurping fish eggs off their hands.

No fairy tale: Their Disneyland Paris proposal was interrupted. (She still said yes.)

Punctuality: "Fashionably late" is falling out of fashion.

A Times classic: The fire on Oakland's 57 bus.

Advice from Wirecutter: Sell or donate your old computer.

Lives Lived: As half of Seals & Crofts, Jim Seals mixed folk, bluegrass, country and jazz, and found international stardom with the nostalgia-seeped 1972 single "Summer Breeze." Seals died at 79.

ARTS AND IDEAS

Awan's vegan ice creams, made from a creamy coconut base.Tanveer Badal for The New York Times

Time for ice cream

To celebrate summer, the Times critic Tejal Rao went searching for the best frozen-treat spots around Los Angeles. She found mangoneada (mango sorbet, drizzled with chamoy and chile-lime salt); a twist on the Filipino dessert halo halo; Korean-style shave ice; and classic scoops on a cone.

Even if you don't live in L.A., the photos are worth looking at. (Warning: You may have visit your local shop afterward.)

PLAY, WATCH, EAT

What to Cook
David Malosh for The New York Times. Food Stylist: Simon Andrews.

Mangoneada can be made with any combination of mango sorbet, chopped fresh mango or mango purée.

What to Read

In his new memoir, "Raising Raffi," Keith Gessen wonders if his young son is more badly behaved than other children.

Travel

"We're looking at a lovely year": With multiple grand openings, Paris is making a stylish comeback.

Late Night

Stephen Colbert will go live tomorrow, after the Jan. 6 hearings.

Now Time to Play

The pangram from yesterday's Spelling Bee was dramatic. Here is today's puzzle.

Here's today's Mini Crossword, and a clue: Torah expert (five letters).

And here's today's Wordle. After, use our bot to get better.

Thanks for spending part of your morning with The Times. See you tomorrow. — David

P.S. A hidden haiku from a Times story about competitive bikers who cycle on unpaved roads: "All my frustrations / and anxiety get crushed / up in that gravel."

"The Daily" is about guns and mental health.

Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at themorning@nytimes.com.

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Tuesday, June 7, 2022

The Morning: A tax deal, in trouble

What will happen to a global plan to raise corporate taxes?

Good morning. Today, we want to tell you about a largely overlooked problem stemming from the Senate's inability to pass President Biden's main piece of domestic legislation.

That failure — so far, at least — isn't just preventing the creation of new programs to address climate change, improve health care and reduce poverty. It's also threatening a global deal on taxes, as my colleague Alan Rappeport explains. Alan covers economic policy from Washington. — David Leonhardt

Author Headshot

By Alan Rappeport

Economics Reporter

Good morning. A global agreement to increase taxes on corporations is in jeopardy.

The experts Rebecca Kysar and Itai Grinberg helped write the global minimum tax plan.Lexey Swall for The New York Times

Stuck in the Senate

What economists hailed as the most ambitious tax overhaul in a century is now mired in a toxic mix of fine print and political paralysis.

It was only last fall that more than 130 nations signed on to an agreement to eliminate the world's tax havens and enact a global minimum tax. The agreement was designed to increase taxes substantially on many large corporations and to end an international fight over how technology companies are taxed. Its architects said it would end the global "race to the bottom" for corporate tax rates.

But legislators in both the U.S. and Europe are now struggling to pass the laws needed to make good on the promises embedded in the deal. And no tax changes are likely to pass on their own, without the more politically popular spending programs also passing.

In the U.S., the central problem is that Senate Democrats cannot agree on the spending proposals — on energy, drug prices and other issues — that would accompany the tax changes. Republicans are not opposed to all of the tax provisions, but they show little sign of voting for any bill. As a result, every Senate Democrat needs to agree to the bill in order to get it passed.

In Europe, after years in which Ireland resisted tax agreements to protect its status as a haven, Irish leaders have come around. But a different obstacle has now emerged: Poland. Polish officials have expressed technical concerns, but officials elsewhere in Europe and in the U.S. believe that Poland is actually seeking leverage in a dispute with the E.U. over pandemic aid money.

If both the United States and Europe cannot manage to comply with the agreement, the global deal is likely to unravel. That would mean a continuation of a hodgepodge of tax rates and related tariff fights around the world.

Policymakers who have been hashing out the deal want to avoid that outcome. "Going back and starting all over again would pose policy risks for countries and even greater competitiveness risks for companies, and I think it's in all of our interests to avoid that," Paschal Donohoe, Ireland's finance minister, said in an interview in Washington.

Janet Yellen and the Irish finance minister.Olivier Douliery/Agence France-Presse — Getty Images

Two pillars

The agreement had two prongs, or "pillars," as the negotiators say. First, countries are supposed to enact a 15 percent minimum tax so that companies pay a rate of at least that much on their global profits no matter where they set up shop.

With that minimum in place, there would be less reason for companies to flee to countries with rock-bottom rates and less pressure on nations to slash their tax rates to attract foreign investment. As it stands, this race to the bottom has deprived governments of tax revenue that they need to invest in infrastructure and social safety nets.

Second, the deal would allow governments to tax the world's largest and most profitable firms by where their goods and services are sold instead of by where they are based.

The current system of taxing companies based on the location of their operations has created multiple problems. It has led companies to claim that a large share of their operations is in low-tax places like Ireland and Bermuda. And it has led to a fight between the U.S. and European countries that have imposed special taxes on American technology giants such as Google and Facebook, which operate all over the world even if they don't have a physical presence in every country.

The global tax pact includes a compromise that would put that fight to rest. The deal would also allow countries to impose additional taxes on about 100 of the world's largest companies, based on where they make their sales.

But before any of that happens, there is more persuasion to be done.

On a weeklong trip to Europe in May, Treasury Secretary Janet Yellen made Warsaw her first stop in hopes that she could convince Poland not to scupper the entire agreement. At the end of the trip, her optimism was cautious.

"I think it is not hopeless," Yellen said of getting Poland on board. "It is certainly possible that will happen."

The bigger hurdle may be the U.S. itself. Today, Yellen will testify before the Senate Finance Committee about the president's latest budget, and she is expected to be peppered with questions about the fate of the tax deal. Senate Democrats say they are still hoping to pass a bill by September that includes a mix of spending programs and tax changes.

Related: The Senate's continued inaction would have major costs for the climate, David Wallace-Wells writes for Times Opinion. One of them: Tens of thousands of Americans would die needlessly because of air pollution.

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  • Conservative prime ministers who survived similar votes, including Margaret Thatcher and Theresa May, left office shortly afterward.
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A British rocket system during an exercise last month.Ints Kalnins/Reuters
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Alaska has a history of rewarding politicians who stand up to the powerful. It may save Senator Lisa Murkowski from Donald Trump's wrath, Brendan Jones writes.

North Korea's Covid outbreak is a chance to bring Kim Jong-un to the nuclear negotiating table, Jean Lee writes.

Tish Harrison Warren married the wrong person. She's glad she did.

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MORNING READS

Akiyoshi Kitaoka

A dark hole: This optical illusion has a revelation about your brain and eyes.

Fake reports: Don't believe everything you read about the man in this photo.

Talk: Michelle Zauner broke through with her memoir "Crying in H Mart." What's next?

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ARTS AND IDEAS

Artifacts from the Lou Reed exhibition. Erik Tanner for The New York Times

New material from a New York icon

After the New York Public Library acquired materials left behind by Lou Reed, the Velvet Underground frontman and punk pioneer, researchers discovered a gem: a tape with the earliest known recordings of several beloved songs, which Reed had mailed to himself and never opened.

The tape features Reed and his bandmate John Cale singing folky renditions of their songs, including "I'm Waiting for the Man," "Pale Blue Eyes" and "Heroin." These early versions, Ben Sisario writes in The Times, are "miles away from the explosive sound the two young men would develop just months later with the Velvet Underground." (Hear the early version of "I'm Waiting for the Man.")

A curated selection from the archives, featuring artifacts, videos and listening rooms, opens this week at the Library for the Performing Arts at Lincoln Center.

PLAY, WATCH, EAT

What to Cook
David Malosh for The New York Times. Food Stylist: Simon Andrews.

Soy sauce, honey, garlic and coriander infuse this chicken breast with flavor.

What to Read

In "Cult Classic," Sloane Crosley's second novel, the protagonist starts running into her ex-boyfriends.

What to Watch

"Irma Vep," a new HBO series, is a continuation of Olivier Assayas's cult film from 1996.

Late Night
Now Time to Play

The pangram from yesterday's Spelling Bee was paycheck. Here is today's puzzle.

Here's today's Mini Crossword, and a clue: "Woo-hoo!" (three letters).

And here's today's Wordle. After, use our bot to get better.

Thanks for spending part of your morning with The Times. See you tomorrow. — David

P.S. The Supreme Court ruled 57 years ago today that the Constitution protects access to contraceptives, establishing a "right of privacy" in a 7-2 decision.

"The Daily" is about gun control. "The Ezra Klein Show" features the economist Thomas Piketty.

Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at themorning@nytimes.com.

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