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    The McConnell filibuster is not the same as the Jim Crow filibuster – it's much worse | David Litt

    President Obama chooses his words carefully. So last July, when he punctuated his eulogy to the civil rights legend John Lewis by calling the Senate filibuster “another relic of Jim Crow”, he wasn’t messing around.Many others (myself included) had written about the historical link between the Senate rule allowing a minority of lawmakers to kill a bill and the preservation of white supremacy. But Obama’s speech sparked a wholesale rebranding. Today, among progressive politicians and activists alike, “End the filibuster” is out. “End the Jim Crow filibuster” is in.Yet those who so bluntly tie Senate obstruction to southern segregation are missing an important piece of historical context. It’s not fair to suggest that the filibuster championed by defenders of Jim Crow decades ago is identical to the filibuster championed by Mitch McConnell today. Because today’s filibuster – McConnell’s filibuster – is actually much worse.To understand how the filibuster became essential, first to southern Democrats and then later to nearly all Republicans, we have to start a little more than 100 years ago. Until 1917, the filibuster allowed any group of legislators, no matter how small, to pass speaking privileges among themselves, holding the Senate floor and indefinitely delaying any bill. But when Senate obstruction threatened to derail America’s military buildup ahead of the first world war, lawmakers changed the rules, allowing a supermajority of senators to break a filibuster and force a vote.Overnight, the Senate’s balance of power shifted. Tiny handfuls of legislators were now powerless. But blocs of legislators – a few dozen senators willing to grind the body to a halt – could still derail nearly any piece of legislation by denying it an up-or-down vote. One cause in particular lacked majority support, yet consistently rallied a sizeable and passionate coalition: opposition to civil rights.Thus, and largely by accident, 1917 was the start of what can rightfully be called the Jim Crow filibuster. For decades, not a single civil rights bill survived southern Democratic obstruction. Occasionally, Senate leaders would introduce such a bill, fail to overcome segregationist obstruction and then withdraw it. More often, though, senators wouldn’t seriously consider civil rights at all. Rather than encourage “the world’s greatest deliberative body” to debate the issue, the filibuster functioned as a kind of gag rule. Since ending segregation was dead on arrival, why even bring it up?The Jim Crow filibuster had one obvious effect on the country – protecting white supremacy – but it also had two more subtle effects on the Senate itself. First, by forcing senators to ignore the country’s single most contentious issue, the gag rule created a cherished, albeit disingenuous, sense of decorum. With America’s fiercest battleground off limits, senators felt free to focus on common ground instead. Second, because the majority of senators didn’t want to legitimize Jim Crow’s most effective delaying tactic, they almost never used it. Precisely because civil rights bills were always filibustered, other bills were almost always not.For much of the 20th century, then, the filibuster forced a corrupt bargain. In exchange for preserving one-party segregationist rule in the south, Americans could enjoy a functional democracy everywhere else. In the Senate, civil rights bills were doomed – but most bills could pass with a simple majority.But as attitudes and politics changed, the detente became untenable. In 1964 and 1965, liberals overcame fierce obstruction to pass the Civil Rights Act and Voting Rights Act – and in the process broke the filibuster free from its Jim Crow associations. With obstruction no longer linked to segregation, senators became more comfortable obstructing all sorts of legislation. The number of filibusters shot up.Among those present at the dawn of the filibuster’s new era was a young Senate intern named Mitch McConnell – and more than 40 years later, as Senate minority leader, McConnell would usher in a filibuster era all his own. Obstruction, from both parties, was on the rise before Barack Obama took office in 2009. But McConnell’s scorched-earth strategy, filibustering nearly anything that could be filibustered, was so different in degree as to be different in kind. In a body that runs by precedent rather than formal bylaws, McConnell essentially rewrote the rulebook. Under the new filibuster – the McConnell filibuster – it takes 60 votes to get almost any piece of legislation through Congress.What is supposed to be the world’s most august lawmaking body has rendered itself able to pass major legislation either once a year or not at allWhich brings us to the essential difference between the obstructionists who defended white supremacy and the obstructionists of today. First, a similarity: just as was the case 75 years ago, the filibuster makes it impossible to pass meaningful civil rights laws. But unlike the Jim Crow filibuster, the McConnell filibuster makes it impossible to pass nearly all other meaningful laws as well.There are a few exceptions, such as the once-a-year reconciliation process which allowed Trump’s 2017 tax cuts and Biden’s 2021 Covid relief to pass via up-or-down vote. But these outliers only underscore the way in which the McConnell filibuster is an act of legislative self-immolation. What is supposed to be the world’s most august lawmaking body has rendered itself able to pass major legislation either once a year or not at all. The Jim Crow filibuster’s great shame was that it divided America into two separate and unequal nations – one a functional democracy, the other a racist apartheid regime. The McConnell filibuster’s great shame is that it does away with functional democracy nationwide.And while the Jim Crow filibuster was more morally reprehensible, McConnell’s is a far greater threat to our republic. The institutions essential to our democracy – from our courts to our voting systems to the peaceful transition of power – are under unprecedented assault. As long as the 60-vote threshold remains in place, the Senate provides no meaningful way to protect those institutions. Instead, senators will find themselves trapped in a vicious cycle: it takes a supermajority of senators to defend democracy, yet those attacks make a supermajority of pro-democracy senators ever harder to obtain.Which is why, while Americans have debated Senate rules for centuries, the stakes are higher than ever. The threat to our democracy is greater. And the solution ought to be bolder. Unlike the pro-democracy activists of the civil rights era, we don’t have time on our side. If we don’t end the McConnell filibuster now, we may never get another chance. More

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    Trump aide concealed work for PR firm and misled court to dodge child support

    A top aide to Donald Trump was secretly re-engaged by a leading political strategy firm after being forced to step down after a social media scandal, the Guardian can reveal. The company, Washington-based Teneo, wanted access to top Republicans in the then president’s inner circle, and to conceal his ongoing work.Jason Miller – who remains close to Trump, and who today serves as a senior adviser to the former president – also later appears to have misled a Florida court about this employment status, asserting in a sworn statement that he could no longer comply with a court order requiring him to pay child-support payments because of an alleged “major financial setback” and was effectively out of work.Miller cited his termination as a reason he could not meet court-mandated payments – even though he had secretly agreed to a new contract with Teneo that meant doing the same work for the same fee.Miller resigned as a managing editor of Teneo, the powerhouse corporate advisory firm, on 21 June 2019, after posting a series of obscenity-laced tweets about Democratic congressman Jerrold Nadler, the chairman of the House judiciary committee.“I have parted ways with Teneo by mutual consent and look forward to … my next move,” Miller said in a statement he provided to the New York Times and other news outlets.But Miller’s departure from Teneo was a sham. Previously undisclosed confidential records from inside Teneo show that on the same day Miller signed a formal “separation agreement and general release” from Teneo, he signed a new contract with the firm, whereby Teneo agreed to secretly engage Miller as a consultant, through a hastily formed LLC, at the very same base compensation of nearly $500,000 doing the very same work.The maneuver adroitly allowed Teneo to let Miller continue working for them, during a time when the largely Democratic firm was eager to develop closer relations with the Trump White House – while also not having to pay the reputational and public relations costs of openly associating with Miller and others in the administration.Only three days after his resignation and the signing of his new employment agreement with Teneo for the same base pay, according to state court records in Miami-Dade county, Florida, Miller asked the court to “abate and modify” his support payments and swore he could no longer make his child support payments because the “petitioner’s unemployment is public knowledge”.In 2016, when Miller, who was married, was the Trump presidential campaign’s chief spokesperson, he engaged in an extramarital affair with AJ Delgado, a fellow adviser to the campaign, resulting in the two of them having a child together.The Florida court records show that Miller made other misleading or false statements under oath in the case of his faux firing in multiple instances. He not only falsely portrayed himself as unemployed, but asserted under oath that he could no longer afford to travel to Florida to attend court hearings related to the case, and asked a trial in the matter be postponed until he could find work. As evidence of his supposed “major financial setback” Miller cited newspaper articles reporting his resignation from the firm.Miller’s claims of pecuniary misfortune were effectively fiction – he had never really lost his job or any of his income. In fact, transitioning from one position to the other for Miller arguably created a financial windfall for him. Miller received $90,000 in severance pay from his first position as he transitioned to his new one, the confidential Teneo records indicate, while also not missing a single paycheck from his Teneo work because his new engagement began on the very next day.Under Miller’s new agreement, which the Guardian was able to review, Teneo agreed to pay Miller’s wholly-owned LLC close to $500,000 a year for his services, the same base salary he had been receiving as a managing partner of Teneo. To facilitate his ability to be paid, Miller, with Teneo’s approval, agreed to set up his own firm, a Delaware corporation or LLC, named SHW partners, according to Delaware state records.In fact, Delaware state records show that Miller’s new LLC was not officially formed until more than a full month after Miller signed the new contract.In a statement Miller said: “When my employee/employer relationship with Teneo was severed, I faced the loss of … income due to lost bonuses and benefits. This financial setback greatly reduced my income.”He also denied he had misled the Florida court or ever attempted to shirk his responsibilities to take care of his son: “I take my parental responsibilities seriously.” He further asserted that he had paid “over $100,000 in total temporary child support, which supports the entire household, even though I am not required to support his mother”.Teneo declined to comment when approached multiple times by the Guardian.The new disclosures arise at a time when Miller, who was a senior political strategist in Trump’s 2020 re-election campaign, has come to play an increasing role in Trump’s post-presidency life, and frequently acts as spokesperson for Trump.In the midst of the 2020 presidential campaign, in late June last year, the political reporter Mike Allen of Axios described Miller as “Trump whisperer” who was adept at reading “Trump’s verbal cues, and knows how to use gossip and news to get Trump’s thinking about different issues” before translating “Trump-speak into campaign action”.While the vast majority of advisers to Trump during his presidency have moved on – some because Trump is no longer president and now has a threadbare staff, and others because they want to distance themselves from Trump after his incitement of the insurrection at the Capitol – Miller has exploited that void to position himself even closer to Trump.Miller, who is intensely loyal to Trump, has had harsh words for former colleagues who have publicly repudiated Trump after the insurrection.“They’re bottom-feeders who are showing their true colors,” Miller said. “The Democrats are still going to hate them, [and] the Trump base is going to hate them for being a rat jumping ship.”It was the same sort of loyalty to Trump that led to his faux firing from Teneo in June 2019. Mistakenly believing that Nadler had disrespected then White House communications director Hope Hicks, Miller, in a Twitter tirade, called Nadler, among other things, “fat and nasty”, “gross”, “Mr Muffin Top” and a “scumbag”. The tweets were laced with obscenities.Teneo’s senior officials thought the spat was detrimental to its public image, leading to the firm’s feigned severing ties with Miller.Teneo is best known for its ties to the Democratic establishment. It was largely the creation of Doug Band, who became a top aide to former president Bill Clinton after leaving the White House. Bill and Hillary Clinton later severed their ties with Band, alleging Band and Teneo had exploited Band’s previously close relationship with both of them for his personal gain.With the election of Trump, Teneo found itself without anyone at the firm with close ties to Trump or his administration – hence the value it put on retaining Miller’s services, including after his fight with Nadler.For Miller, his new position as a managing director for Teneo was a lucrative default: after Trump was elected president, Miller was named to be White House communications director. But after disclosures of the extramarital affair with Delgado, Miller withdrew his name to serve in the new administration.Subsequently, Miller also admitted numerous other sexual encounters with escorts and prostitutes in the course of a failed libel action against the website Gizmodo. He also admitted in that failed suit an affair with an adviser to Republican senator Ted Cruz, whose presidential campaign Miller had earlier worked on.Miller told the Guardian that he regrets such past conduct and is now working to be a better man: “Every day I work to make myself a better husband and father, and by God’s grace I have been given another opportunity to make my family proud again.But Miller’s agreement to keep his new status at Teneo hidden quickly ran into legal problems from his private life.On 27 June, only three days after Miller signed his new contract with Teneo, Miller filed a sworn statement in the court that he “has had a substantial change in financial circumstances. At the time, the petitioner (Miller) was in a much better financial position than he is today.”They’re bottom-feeders who are showing their true colorsAs a result of this, Miller sought from a court a reduction in the amount he had to pay in child support. He told the court: “Since temporary support is subject to modification … [Miller] is requesting that the child support he currently is paying be abated and the amount of his child support obligation be substantially modified.”Miller signed the statement directly below a line which read: “Under penalties of perjury, I declare that I have read the foregoing verified motion to abate and modify temporary child support and the facts stated in it are true.”At the time, Miller was also scheduled to fly to Miami to give a deposition in the case that 2 July. Miller now claimed that he could not afford to do so: “Unfortunately, the petitioner has just sustained a major financial setback that has caused a major setback in his professional and personal life.”On 15 July 2019, Miller filed another motion in court, in which he asserted under oath he “does not have the financial ability to meet [his] child support”.Citing his purported unemployment, Miller also sought to have the trial scheduled to hear the case be postponed, claiming that “he does not have the financial wherewithal to proceed”.And in yet another motion filed that same day, Miller claimed he no longer had the “financial ability” to pay Delgaldo’s legal bills, as he had been required by the court to pay.To demonstrate that he was out of work, Miller cited news articles falsely reporting he had resigned from Teneo. “The petitioner’s unemployment is public knowledge,” Miller wrote in one filing. Left unsaid was that these news reports were the result of reporters having been misled by Miller. More

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    Virginia becomes the first southern state to end the death penalty

    Sign up for the Guardian Today US newsletterVirginia has become the 23rd US state and the first in the south to abolish the death penalty, a dramatic shift for the commonwealth which previously had the nation’s second-highest number of executions.The move was the culmination of a yearslong battle by Democrats who argued the death penalty has been applied disproportionately to people of color, mentally ill people and poor people. Republicans argued that the death penalty should remain a sentencing option for especially heinous crimes and to bring justice to victims and their families.Virginia’s new Democratic majority, in full control of the general assembly for a second year, won the debate last month when the senate and house of delegates passed measures banning capital punishment.The state’s Democratic governor, Ralph Northam, signed the house and senate bills in a ceremony on Wednesday after touring the execution chamber at the Greensville correctional center, where 102 people have been put to death since executions were moved there from the Virginia state penitentiary in the early 1990s.“There is no place today for the death penalty in this commonwealth, in the south or in this nation,” Northam said shortly before signing the legislation.The change is also significant for making Virginia the first state of the former Confederate south to abandon capital punishment. Northam said the death penalty has been disproportionately applied to Black people and is the product of a flawed judicial system. Since 1973, more than 170 people around the country have been released from death row after evidence of their innocence was uncovered, he said.Northam recounted the story of Earl Washington Jr, a Black man who was sentenced to death after being wrongfully convicted of rape and murder in Virginia in 1984. Washington spent more than 17 years in prison before he was exonerated. He came within nine days of being executed.“We can’t give out the ultimate punishment without being 100% sure that we’re right, and we can’t sentence people to that ultimate punishment knowing that the system doesn’t work the same for everyone,” Northam said.Virginia has executed nearly 1,400 people since its days as a colony. In modern times, the state is second only to Texas in the number of executions it has carried out, with 113 since the supreme court reinstated the death penalty in 1976, according to the nonprofit Death Penalty Information Center.Only two men remain on Virginia’s death row: Anthony Juniper, who was sentenced to death in the 2004 slayings of his ex-girlfriend, two of her children, and her brother; and Thomas Porter, who was sentenced to die for the 2005 killing of a Norfolk police officer. Their sentences will now be converted to life in prison without parole.In addition to the 23 states that have now abolished the death penalty, three others have moratoriums in place that were imposed by their governors.Robert Dunham, the executive director of the Death Penalty Information Center, and a death penalty opponent, said abolishing executions in Virginia could mark the beginning of the end for capital punishment in the south, where the highest number of prisoners are put to death.“Virginia’s death penalty has deep roots in slavery, lynchings and Jim Crow segregation,” said Dunham. “The symbolic value of dismantling this tool that has been used historically as a mechanism for racial oppression by a legislature sitting in the former capital of the Confederacy can’t be overstated.”During Northam’s tour of the death chamber, he was shown the wooden chair where death row inmates were electrocuted and a metal gurney where they were given lethal injections. He also saw the holding cells where they spent the final days of their lives and had their last meals.“It is a powerful thing to stand in the room where people have been put to death,” Northam told the crowd of lawmakers and death penalty opponents who attended the bill-signing ceremony.“I know that experience will stay with me for the rest of my life, and it reinforced [to] me that signing this new law is the right thing to do.” More

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    Rachel Levine becomes first openly transgender official to win Senate confirmation

    The US Senate on Wednesday confirmed the former Pennsylvania health secretary, Rachel Levine, to be the nation’s assistant secretary of health. She is the first openly transgender federal official to win Senate confirmation.The final vote was 52-48. Republican senators Lisa Murkowski of Alaska and Susan Collins of Maine joined all Democrats in supporting Levine.Levine had been serving as Pennsylvania’s top health official since 2017, and emerged as the public face of the state’s response to the coronavirus pandemic. She is expected to oversee Health and Human Services offices and programs across the US.President Joe Biden cited Levine’s experience when he nominated her in January.Levine “will bring the steady leadership and essential expertise we need to get people through this pandemic – no matter their zip code, race, religion, sexual orientation, gender identity or disability,” Biden said.Transgender-rights activists have hailed Levine’s appointment as a historic breakthrough. Few trans people have ever held high-level offices at the federal or state level.However, the confirmation vote came at a challenging moment for the transgender-rights movement as legislatures across the US – primarily those under Republican control – are considering an unprecedented wave of bills targeting trans young people.One type of bill, introduced in at least 25 states, seeks to ban trans girls and young women from participating in female scholastic sports.One such measure already has been signed into law by the Mississippi governor, Tate Reeves, and similar measures have been sent to the governors in Tennessee, Arkansas and South Dakota.Another variety of bill, introduced in at least 17 states, seeks to outlaw or restrict certain types of medical care for transgender youths. None of these measures has yet won final approval.Senator Rand Paul, a Republican from Kentucky, confronted Levine about medical treatments for transgender young people – include hormone treatment and puberty blockers – during her confirmation hearing on 25 February.Paul asked: “Do you believe that minors are capable of making such a life-changing decision as changing one’s sex?” Levine replied that transgender medicine “is a very complex and nuanced field with robust research and standards of care” and said she would welcome discussing the issues with him.In the past, Levine has asserted that hormone therapy and puberty-blocking drugs can be valuable medical tools in sparing some transgender youth from mental distress and possible suicide risk.A pediatrician and former Pennsylvania physician general, Levine was appointed as Pennsylvania’s health secretary by Democratic governor Tom Wolf in 2017. She won confirmation by the Republican-majority Pennsylvania Senate.However, Senator Pat Toomey, a Pennsylvania Republican, voted against Levine’s confirmation Wednesday.“In Pennsylvania, the pandemic struck seniors in nursing homes disproportionately hard compared to other states,” Toomey said. “This was due in part to poor decisions and oversight by Dr Levine and the Wolf administration.”He also said an extended lockdown advocated by Levine “was excessive, arbitrary in nature, and has led to a slower recovery”.A graduate of Harvard and of Tulane Medical School, Levine is president of the Association of State and Territorial Health Officials. She’s written in the past on the opioid crisis, medical marijuana, adolescent medicine, eating disorders and LGBTQ medicine. More

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    Former Covid official Deborah Birx joins company behind hazardous air-cleaners banned in California

    The former top White House coronavirus adviser under President Donald Trump, Dr Deborah Birx, has joined an air-cleaning company that built its business, in part, on technology that is now banned in California due to health hazards.The company is one of many in a footrace to capture some of the $193bn in federal funding to schools.Birx is now chief medical and science adviser of ActivePure Technology, a company that counts 50 million customers since its 1924 start as the Electrolux vacuum company and does nearly $500m annually in sales. Its marketing includes photos of outer space, a nod to a 1990s breakthrough with technology to remove a gas from Nasa spaceships.The company’s own studies show that, in its effort to create the “healthiest indoor environments in North America”, it leveraged something less impressive: the disinfecting power of ozone – a molecule considered hazardous and linked to the onset and worsening of asthma.In an interview with KHN, CEO Joe Urso acknowledged that its air cleaners that emit ozone account for 5% of sales, even though its marketing repeatedly claims “no chemicals or ozone”.Conflicts between the science and marketing claims of an air purification company are nothing new to academic air quality experts. They warn that the industry – which sells to dental offices, businesses and gyms – is laser-focused on school officials, who are desperate to convince parents and teachers their buildings are safe. Children can be particularly susceptible to the chemical exposure some of these devices potentially create, experts say.“The concerns you have raised are legitimate” when it comes to other companies’ products, Birx said, noting that as a grandmother she shared concerns about health. But she added that she had full confidence in ActivePure after reviewing records for the Food and Drug Administration’s clearance of a company device.Schools are getting an infusion of roughly $180bn in federal money to spend on personal protective equipment, physical barriers, air-cleaning systems and other infrastructure improvements. Previously, they could have used $13bn of Cares Act funding. Democrats are pushing for $100bn more that could also be used for school improvements, including air cleaners.Putting unregulated devices in classrooms is “a giant uncontrolled experiment”, said Jeffrey Siegel, a civil engineering professor at the University of Toronto and a member of its Building Engineering Research Group.Researchers and the Environmental Protection Agency (EPA) say the broader industry advertises products that alter molecules in the air to kill germs, without noting that the reactions can form other harmful substances, such as the carcinogen formaldehyde.Marwa Zaatari, an indoor air quality consultant and a member of the American Society of Heating, Refrigerating and Air-Conditioning Engineers’ epidemic taskforce, said she has counted more than 125 schools or districts that have already bought air cleaner models the EPA has linked to “potentially harmful byproducts” such as ozone or formaldehyde. She estimated at least $60m was spent.Instead, air quality experts say, the best solutions come down to basics: adding more outdoor air, buying portable HEPA filters and installing MERV 13 filters within heating systems. But school boards are often lured by aggressive claims of 99.9% efficiency – based on a test of a filter inside a small cabinet and not a classroom. “Every dollar you use for this equipment is a dollar you remove from doing the right solution,” Zaatari said.Urso, of ActivePure Technology, said “other companies that I think are making wrongful claims” have brought scrutiny to the industry. But he said his firm’s technology has steadily improved and now emits “gaseous hydrogen peroxide” and other molecules that seek out and destroy viruses, mold and bacteria. He described the technology as active – in contrast to the more passive technology of air filters. A company website says it makes the “safest, fastest and most powerful surface and air-purification technology available”.Urso added: “I have a great technology that is truthful and it does what I say it does.”The Centers for Disease Control and Prevention warns specifically against technologies that release hydrogen peroxide that are “being heavily marketed”. The agency says the technology is “emerging” and “consumers are encouraged to exercise caution”.During a Zoom interview, Birx deferred to ActivePure Medical’s president, Daniel Marsh, and Urso on the science. She focused instead on the need for products that will increase people’s confidence about going maskless indoors.“Imagine decreasing the number of sick days of your workforce because your air is less contaminated,” Birx said. “There are uses of this technology that transcend the current pandemic.”Birx was a controversial figure on Trump’s Covid response team. She was criticized for standing by quietly as Trump suggested that people could ingest disinfectant to rid themselves of the virus. She has recently spoken out about her discomfort with such statements – while endorsing ActivePure Technology.Birx said she was attracted to ActivePure because of its commitment to “hard science” in getting its Medical Guardian cleared by the FDA. The process required the company to prove the device was substantially equivalent to an existing device. Records the company submitted to the FDA describe the Medical Guardian as an “ion generator” and “photocatalytic oxidizer” that showed “a high efficacy against … a broad range of viable bioaerosol”.Birx said she uses a hospital-grade HEPA filter in her home but noted that was only because she wasn’t aware of the ActivePure technology when she bought it.When ActivePure Technology, formerly known as Aerus, tells its story, it’s one of seamless progress. Yet its 2009 purchase of the air cleaner company EcoQuest saddled the company with two problematic technologies: one that intentionally generated ozone to clean the air and another that did so incidentally, studies from the subsidiary company show.The ActivePure companies and subsidiaries made the best of it, though, marketing the technology’s purification powers on the basis of a Kansas State University study of how well the devices disinfected the surface of meat compared with chlorine, which is widely used by meatpackers to kill bacteria.Meanwhile, California lawmakers were outlawing consumer use of air cleaners that emit more than 50 parts per billion of ozone. They got momentum to regulate the industry with a survey that showed that a small percentage of state residents who used such devices at home had children – considered particularly sensitive to ozone. According to the California legislation, ozone can “permanently damage lung tissue and reduce a person’s breathing ability”.The CDC also reviewed the ActivePure technology in 2009. At the time, Birx, who served in the agency under three presidents, was directing its global Aids response.Agency scientists were evaluating the potential of air cleaners to help clear formaldehyde from Federal Emergency Management Agency (Fema) trailers deployed after Hurricane Katrina. They knew the devices could potentially swap one hazard – ozone formed by some air cleaners – for the one they were trying to eliminate. So they tested and found that a device from ActiveTek – an Aerus subsidiary – with ActivePure technology emitted 116 parts per billion of ozone. The scientists deemed that level too high for cleaning the trailers.Birx said the older ozone-emitting devices were first-generation devices. The newer ActivePure devices are third-generation and one is now validated by FDA clearance. That is not the same as FDA approval, which requires proof the device is safe and effective.Urso said the company’s devices that emit ozone are mostly for commercial use. Although marketing for ActivePure says “no chemicals or ozone”, Urso acknowledged that it still sells a Pure & Clean Plus device that emits ozone and cannot be sold in California.“It is very confusing,” Urso said, “and it’s confusing because we also match it with [the] ActivePure” logo. The company did not answer questions about five other devices listed for sale on its website, which says they can’t be sold in California.While current ActivePure marketing also says the technology produces no byproducts, Urso said that reflects results from lab studies, not studies from the environment where they might be used. That includes hundreds of schools that have trusted their technology, the company’s website says. There, experts say, chemicals that could react with air cleaner technology include car exhaust, spray cleaners, paint and glue.The company markets to preschools as well. Brent Stephens, an indoor air quality expert who leads the civil, architectural and environmental engineering department at the Illinois Institute of Technology, was asked by the director of his own children’s preschool about the Aerus Hydroxyl Blaster.Aerus had sent the director a sample to test in her home. But Stephens advised against buying one for the preschool, saying that, while the claims of similar machines may sound good, the studies to back them up often were not.“It’s wild out there,” he wrote in an email. “Consumers need to know how these things perform and if they are subject to unforeseen consequences like generating byproducts from use.”Kaiser Health News (KHN) is a non-profit news service covering health issues. It is an editorially independent program of the Kaiser Family Foundation that is not affiliated with Kaiser Permanente More

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    USWNT's Megan Rapinoe testifies to Congress on fight for equal pay – video

    Megan Rapinoe has taken her fight for equal pay to Congress as she testified on Wednesday in front of a committee examining ‘the economic harm caused by longstanding gender inequalities, particularly for women of colour’. Rapinoe said she did not understand why pay inequality was still a problem in US Soccer, despite the USWNT’s success. ‘I feel like honestly we’ve done everything,’ she said.
    During her testimony, Rapinoe added that she supported the rights of trans athletes. The midfielder also addressed the outcry at the NCAA tournament last week after photos showed the far inferior gym equipment provided to female players compared to their male counterparts

    ‘You want full stadiums? We filled them’: Rapinoe testifies to Congress on equal pay More

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    'You want full stadiums? We filled them': Rapinoe testifies to Congress on equal pay

    Megan Rapinoe has taken her fight for equal pay to Congress as she testified on Wednesday in front of a committee examining “the economic harm caused by longstanding gender inequalities, particularly for women of color”.The Olympic and World Cup champion testified at a hearing by the House Committee on Oversight and Reform. In her opening statement, the soccer star told the committee that: “I am here today because I know firsthand that this is true. We are told in this country that if you just work hard and continue to achieve – you will be rewarded, fairly. It’s the promise of the American dream. But that promise has not been for everyone.“The United States women’s national team has won four World Cup championships and four Olympic gold medals on behalf of our country. We have filled stadiums, broken viewing records, and sold out jerseys, all popular metrics by which we are judged.“Yet despite all of this, we are still paid less than men – for each trophy, of which there are many, each win, each tie, each time we play. Less.”Rapinoe said she did not understand why pay inequality was still a problem in US Soccer, despite the USWNT’s success. “I feel like honestly we’ve done everything,” she said. “You want stadiums filled? We filled them. You want role models for your kids, for your boys, and your girls, and your little trans kids? We have that. You want us to be respectful? You want us to perform on the world stage?…”In December, the USWNT reached an agreement with the US Soccer Federation over equal work conditions with their male counterparts. The players were seeking the same conditions as the US men’s team in areas such as travel, hotel accommodation, the right to play on grass rather than artificial turf, and staffing. However, the USWNT still do not have equal pay with the men’s team after a federal judge surprisingly threw out their case in May 2020. The team have appealed the decision and are seeking millions of dollars in backpay from US Soccer.Last week, there was outcry at the NCAA tournament, the crown jewel of US college basketball, after photos showed the far inferior gym equipment provided to female players compared to their male counterparts. Rapinoe touched on the subject during Wednesday’s hearings.“With the lack of proper investment we don’t know the real potential of women’s sports,” she said. “What we know is how successful women’s sports have been in the face of discrimination, in the face of a lack of investment in every level in comparison to men.”The midfielder also said she supported the rights of trans athletes. Dozens of bills in the US seek to ban trans athletes from certain youth sports. “As a member of the LGBTQ community I firmly stand with the trans family,” said Rapinoe. “As someone who has played sports with someone who is trans I can assure you all is well. Nothing is spontaneously combusting.”Rapinoe visited the White House later on Wednesday for an event with Joe and Jill Biden marking Equal Pay Day. More

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    Biden urges gun reform after Colorado shooting: 'Don't wait another minute'

    After recording a year with the lowest level of public mass shootings in more than a decade, the US suffered its second such incident in less than a week on Monday night with a shooting at a Colorado grocery store that killed 10, including one police officer.Joe Biden addressed the shooting on Tuesday, calling for swift legislation to be passed, and once again lowering the White House flag to half-staff after he had called for it to be lowered after last week’s mass shooting in Atlanta.The president called on Congress to close the loopholes in the background checks system and to once again ban assault weapons. He specifically urged the Senate to pass the two background checks bills that the House approved earlier this month.“I don’t need to wait another minute, let alone an hour, to take commonsense steps that will save lives in the future,” Biden said. “This is not and should not be a partisan issue. It is an American issue.”It is unclear whether the bills can make it through the evenly divided Senate, given Republicans’ general opposition to gun restrictions.Asked whether Biden was considering executive action to address gun violence, the White House press secretary, Jen Psaki, said the president was considering a number of options.“There’s an ongoing process, and I think we feel we have to work on multiple channels at the same time,” Psaki said.Gun safety advocates including Barack Obama also called for immediate action by Congress to address the resurgent national epidemic as the country emerges from a year of lockdowns and social distancing sparked by the coronavirus pandemics.In remarks at the White House, Biden called for a new ban on assault weapons and high-capacity magazines and said the Senate “should immediately pass” legislation to close loopholes in the background checks system for the purchase of guns.The Republican minority in the Senate is highly likely to block any action on gun control. Nonetheless, senators on the Democratic side echoed Biden’s call to action.This is not and should not be a partisan issue. It is an American issue“This is the moment to make our stand. NOW,” tweeted Senator Chris Murphy from Connecticut, where a shooter killed 26 people at an elementary school in 2012.A male suspect was arrested at the scene, a King Soopers grocery store in Boulder, Colorado. He was named on Tuesday, as were the 10 victims.“This is a tragedy and a nightmare for Boulder county, and in response, we have cooperation and assistance from local, state and federal authorities,” said the Boulder county district attorney, Michael Dougherty.The Colorado attack brought the week’s death toll from mass public shootings to 18, after a gunman killed eight people at three Atlanta-area spas last Tuesday. Six of those victims were women of Asian descent, and that attack produced a national demand for reckoning with discrimination and violence directed at Asian Americans.While racist scapegoating by Donald Trump and others sparked thousands of attacks against Asian Americans during America’s pandemic year, 2020 was an unusually quiet one for mass public shootings, according to a database maintained by the Associated Press, USA Today and Northeastern University.There were 10 such shootings in 2018 and nine in 2019, according to the database, which tracks public incidents in which at least four people died, not including the shooter.The US suffered only two such incidents in 2020 – both at the start of the year, before the spread of the coronavirus led to local economic and school shutdowns and related restrictions.Gun sales surged during the pandemic, leading to fears of a return of mass gun violence after coronavirus restrictions eased. Those fears appear to have been fulfilled already.“We have had a horrific year as a country, as a world,” Colorado’s state senate majority leader, Stephen Fenberg, a Democrat, told MSNBC. “It had finally started to feel like things are getting back to ‘normal’. And, unfortunately, we are reminded that that includes mass shootings.”The police officer killed in the Colorado store attack, Eric Talley, 51, the father of seven children, was the first to respond to reports of shots fired at the store, authorities said.The attack came just days after a judge blocked Boulder from enforcing a two-year-old ban on assault weapons and large-capacity magazines in the city.“The court has determined that only Colorado state (or federal) law can prohibit the possession, sale and transfer of assault weapons and large-capacity magazines,” wrote the county judge, Andrew Hartman, according to the Denver Post.While no state is untouched by mass shootings, Colorado has had an especially difficult history of such incidents, beginning with an attack on students at a high school in Columbine in 1999 that killed 13. In Aurora in 2012, a gunman fired at a crowd watching a Batman movie, killing 12 and wounding 58.As previously scheduled, the Senate judiciary committee held a hearing Tuesday on “constitutional and common sense steps to reduce gun violence”. Gun safety legislation has failed to gain traction in Congress despite wide public agreement about certain safeguards such as universal background checks.“To save lives and end these senseless killings, we need more than thoughts and prayers – we need federal action on gun safety from the Senate, and we need it now,” said John Feinblatt, president of Everytown for Gun Safety. “That work begins with this hearing, and we cannot rest until we pass background checks into law.”Murphy, who does not sit on that committee but who mounted a nearly 15-hour filibuster on the Senate floor in 2016 to advance gun safety legislation after 49 people died in a mass shooting at a gay nightclub in Florida, called on colleagues to finally address gun violence.Murphy invoked Monday’s shooting in Boulder, a mass shooting at a Florida high school in 2018 that killed 17 and the mass shooting at Sandy Hook elementary school in Newtown, Connecticut.“No more Newtowns. No more Parklands. No more Boulders,” he tweeted. “Now – we make our stand.” More