Can a utility be owned by its customers? -- Maine’s upcoming historic vote

 

Gordon L. Weil

Maine will hold a rare and possibly historic vote in November.

The U.S. is increasingly focused on the role and rights of consumers, who drive the economy.  The upcoming vote on the future of the state’s largest electric utilities will not only affect Maine but could send a message across the country.

Voters will decide whether to transfer the property of two electric utilities from ownership by their investors to ownership by their customers, who would gain ultimate control of their own electric service.  Votes like this referendum occur across the country from time to time, but seldom on this scale

The transfer would be from investor-owned utilities (IOUs) to a consumer-owned utility (COU).  The difference between the two is significant.

IOUs are financed by investors and borrowed funds.  They are responsible to their investors.  Customers pay both their investors’ profit and their lenders’ debt service.  Regulators balance the company’s financial needs and customers’ service needs.  Most news reports about electric rate cases and consumer issues relate to IOUs.  

Non-profit COUs are generally either municipal utilities or cooperatives.  They raise all their capital by borrowing and their customers are responsible for debt repayment from rates. There are no investors.  Because the customers bear responsibility, they own the utility.  COUs are subject to regulators, but they also self-regulate.

The difference between the two is illustrated by their management. Top IOU executives report to a board chosen by shareholders.  COU managers report to boards chosen, directly or indirectly, by their customers.  Maine’s existing COUs are governed by publicly elected boards.  They are either cooperatives or municipals.  The proposed COU would be akin to a municipal.

The combination of the investors’ profit and the market cost of debt are part of the rates paid by IOU customers for utility property.  In COUs, the equivalent cost is usually the tax-exempt interest rate for their borrowing.  The costs to be passed on to COU customers are lower than the IOU costs, producing lower rates. 

In Maine, IOUs and COUs own the wires but do not own power supply, which is provided by others.  Customers may choose their own power supplier.   Residential delivery rates, the utility charges for the wires service, are lower for COUs.  For example, CMP’s rate is 11.4 cents per kilowatt-hour, while Madison Electric, operating in the same service area, has a 5.8 cent rate.

An IOU like CMP serves a large area, including rural reaches.  The Eastern Maine Electric Cooperative serves a vast, sparsely settled area and its delivery rate is 9.0 cents.

Are COUs as competent as IOUs?  There are over 2,800 municipal and cooperative COUs and 179 IOUs in the U.S.  The COUs supply 25.8 percent of electric customers nationally.  The largest is Los Angeles.

Overall, using service outages as the measure, the COUs are more reliable than the IOUs.  Reliability matters when residential customers use electricity for lighting, heating or cooling and for business and industry that depend on steady power for their operations.

COU municipals and cooperatives have national and regional organizations that provide them support services in common. As a result, even small utilities have access to full services that meet the same industry standards as the larger IOUs.

Because no electric utility in Maine relies on its own generation but transmits power provided by others, each could transmit power from the same resources, especially renewable. 

A comparison between the existing IOUs – Central Maine Power and Versant – and the proposed Pine Tree Power COU reflects the recognized differences between the two forms of utility ownership.  However, the proposed acquisition of the IOUs’ property in Maine raises two important issues.

First, would PTP operate competently? To reassure Maine customers, the legislation requires it to operate in much the same way as the IOUs and with all the current operating personnel who wish to continue to work under their existing labor agreements.  PTP would be subject to enhanced PUC COU regulation.

Second, would PTP customers have to pay a high price for the acquisition?  The IOUs seek a premium above the actual value of facilities.  The amount will finally be set by a court.  The last major transaction in Maine, the sale of Emera Maine to create Versant in eastern and northern Maine, was priced at the existing value of the property plus only a minor premium.

Today, paying the cost of the existing property of the two IOUs is already included in electric rates that are being paid by their customers.  Thus, the actual premium above that cost, if any, is what would matter, not the balance transfer. It would be far less than what is claimed and could be offset by lower COU costs.

The voters’ decision could affect Maine’s electric rates and influence the push for consumer choice across the country.

Disclosure: I have advised and represented electric customers and COUs since 1973 and support the PTP proposal.

Simple truths about our politics

Gordon L. Weil

The news comes hot and heavy, but often the underlying truth is missed.  Here are some simple truths about government today.   

1. Our political leaders are too old.  Senate GOP Minority Leader Mitch McConnell freezes in mid-sentence.  Sen. Diane Feinstein (D-California) forgets how she wants to vote.  A Democratic House member considers running against Joe Biden for the presidential nomination, because Biden’s too old.

The media pays little attention to the age of Donald Trump or Maine Independent Sen. Angus King, both of whom, if re-elected, would serve into their 80s.  Is the issue skirted because they will inevitably win or have little serious competition, so why bother?

Congress is getting older.  That results in a disconnect between the hopes and aspirations of Gen X and its successors and the folks running the country.  The U.S. is turning into a gerontocracy, pursuing outmoded policies. 

The media should be taking a close and sustained look at the effects of aging.  And younger candidates should take the risk of running against the aging establishment.

2. The Democrats are afraid of Trump.  If there’s one thing that unites the Democrats, it’s their fear of Trump becoming president.  That’s why they rallied around Hilary Clinton in 2016.  She was not popular with many of them, but she was thought to be a sure bet to keep Trump out.

Though she won a majority of the popular vote, vindicating the Democrats’ view, she lost the election, vindicating the Republicans’ math.  It hurt her candidacy that she seemed to be taking winning for granted.

Biden has compiled a generally good record as president.  He’s human, so he’s made mistakes and the Democrats have not strongly touted his accomplishments. But he seems to them like the best person to halt the return of “the Donald.” 

Like incumbent underdog Harry Truman in 1948, Biden might look stronger after winning a nomination battle.  Or, the Democrats might benefit from having a younger woman lead the ticket.  Ditto, the Republicans.  Imagine how different that could look.

3. The U.S. Senate is deeply undemocratic. Right now, a single senator puts a “hold” on all top military assignments, blocking any confirmations.  Ending Senate debate and voting routinely requires 60 senators instead of the Constitution’s simple majority.

Both parties preserve such rules because they know that one day they will be in the minority.  So we get minority rule, the opposite of democracy. No wonder people hold Congress in low esteem.

4.  You’re damned if you do and damned if you don’t.  Hunter Biden, the president’s unfortunate son, apparently exploited his father’s public standing for his own personal gain.  That’s improper and he may have acted illegally. But there’s no proof that Joe Biden, when in or out of public office, participated in or profited from his deals. 

Hunter is in trouble and his father is standing by him, but GOP attacks on their relationship may cost Biden politically.  Should the president dump his son and allow his political ambition to overwhelm his family bonds?   The Republicans want to put Biden in a no-win position.

5. Conspiracy theory is falsely based on the belief that if something is possible, it must be true.  If logical assumptions about an action or event can be imagined, some people who would like the result, conclude it happened:  if the opposition could have done it, they did it.

What’s missing from conspiracy theory is evidence. If you believe the Democrats stole the 2020 election from Trump, then you need to find the evidence.  Lacking facts, the theory has failed.  Yet the unproven logic still inspires Trump’s loyal followers. Conspiracy theory is a pillar of his campaign.

5. Impeachment is useless.  Every run at a president has been an almost purely partisan exercise, with the House majority taking on the other party’s incumbent.  Impeachment is sure to fail in the Senate, where it would take both parties to oust the president.

As the political divide has deepened, conviction by the Senate has grown even more unlikely.  Now, the House GOP considers using a form of “impeachment lite” – an “impeachment inquiry” that will lead nowhere, but get media coverage.  It’s unlikely to matter much. 

6. The Supreme Court acts like it’s above the law.  The justices have no ethics code.  Justice Samuel Alito even claims that Congress can’t require the Court to adopt a code.  His view would kill the constitutional idea of checks and balances and could set up an epic battle among the branches of government. The truth is that lawmakers make laws, and nobody is above them.

In philosophy, there’s a concept called “Occam’s razor.”  It says that we should seek the simplest, workable explanations.  Simple truths can lead to simple fixes.  Maybe our political players need a good shave. 

Trump indictment: the third impeachment

 

Gordon L. Weil

Set aside the endless flood of punditry and look through the eyes of jurors at the indictment of former President Donald Trump for trying to seize his reelection based on false fraud claims and violations of election laws.

When the case finally reaches its conclusion, 12 jurors in Washington, D.C., will decide if Trump is guilty or not of the crimes with which he is charged.  For them, the case could turn out to be relatively simple.

Most of the indictment consists of a detailed recitation of events involving the effort by Trump, Rudy Giuliani and other associates in trying to nullify votes cast for Joe Biden in several states.  They claimed that votes for Trump had been fraudulently changed or discarded and asked state officials or legislatures to strip Biden of his victory and replace him with Trump.

This single list of facts is used to support all charges.  Anyone who has followed Trump’s efforts between the November 2020 election and the January 2021 inauguration would find little that is unfamiliar in this list.  But the indictment discloses new details about meetings and conversations that support what was already known.

A principal focus of the recounting is the efforts in several states to create false panels of presidential electors whose names could be sent to Congress along with the official electors.  The intention was to create enough confusion that Congress could not designate the winner and would decline to select Biden.  Presumably, those states could then officially change their votes.

Behind the recitation of facts must be witnesses who will testify as to the truth of what the indictment states.  It’s most likely that Special Prosecutor Jack Smith took the time to line them up to testify.

The first task for jurors will be to determine if the actions took place and if Trump was directly involved in them.  That looks to be a relatively easy job, because it would be difficult for Trump to show that he had little or no involvement.

The second task will be for the jury to determine if the actions by Trump and his co-conspirators amounted to violations of the laws cited in the indictment. 

To support the grand jury charge that Trump knew he had lost and resorted to lying about the election, Smith relies on the former president having been told repeatedly by many trusted and high-ranking officials, almost all his own appointees, that he had lost.

Trump is expected to argue that he sincerely believed that he had won the election and that he was doing everything possible to produce the correct result.  Given the magnitude of the damage to the country of placing in office the wrong man, he had to resort to extreme measures to halt the confirmation of Biden as the next president. 

Trump claimed election fraud had occurred though no courts or state election authorities, some of them his Republican supporters, would agree with assertions that lacked evidence. In the process, did he violate federal and state laws and try to induce or threaten others to do so?

If Trump honestly believed he won, would he be justified in violating the law in the pursuit of a fair outcome of a presidential election?  His personal advisors told him that to save the Republic, he could break the law.

The indictment provides a detailed record of his efforts to convince and then threaten Mike Pence, the Vice President, to halt the electoral vote count or simply throw the result to him.  If Pence testifies, he could provide proof that Trump had violated the law at the highest level of government.

The former president is also expected to claim that what he said is protected by the First Amendment, thus completely immunizing him.  But Smith carefully avoided charging him with incitement, sticking instead to his acts and orders.  Also, free speech rights do not protect words that ask or direct others to commit crimes.  That amounts to conspiracy.

Trump charges that Biden is politicizing this case to weaken his re-election chances. But Trump himself politicizes it to stir up support among his loyal core and to raise campaign contributions that pay his legal costs.

Trump may believe that his public outrage at the charges could intimidate the judge and influence her decisions on the timing of the case.  If he can delay it until after an election he expects to win, then he might assume a presidential mantle of immunity even if convicted.

The fourth indictment count charges Trump with conspiring “to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States – that is, the right to vote, and to have one’s vote counted.”  That’s an impeachable charge.

Trump has been twice impeached and both times he has been acquitted by the Senate when Republicans refused to convict.  The indictment has become the third impeachment.

Those who will ultimately determine if Trump is guilty or not won’t be his Senate allies, but 12 average people.

 

Trump wants powers of America’s long-ago oppressor

 

Gordon L. Weil

Donald Trump’s critics sometimes compare him to a man whose name arouses a strongly negative reaction.

They usually refer to Nazi Germany’s Adolf Hitler, who used his 1933 democratic election to quickly end democracy. But Hitler was an historic monster, so that comparison goes too far.

The better parallel could see Trump as “The Man Who Would Be King,” told in Rudyard Kipling’s story about the failed hopes of a would-be ruler.

The king in question is King George III of Great Britain, a man we like to dislike. His despotic rule was rejected in 1776 by the 13 American colonies that created the independent United States of America.

Their Declaration of Independence is mostly a list of the king’s “repeated injuries and usurpations.” Some of those charges work for Trump.

“He has incited domestic insurrections amongst us.” Whether Trump is finally held legally responsible for causing the January 6 assault on the Capitol, his followers there believed he wanted them to overturn the presidential election by force. He “incited” them to insurrection.

“He has combined with others, giving his assent to acts of pretended legislation.” Agreeing to the illegal creation of counterfeit presidential electors in several states, who were meant to displace the legal winners on January 6, is a prime case of “pretended legislation.”

“He has obstructed the administration of justice.” When public officials, who had sworn allegiance to the Constitution, did not follow his orders, he either fired them (U.S. Attorney General Jeff Sessions, FBI Director James Comey) or threatened them (Brad Raffensberger, Georgia Secretary of State). He flouted a subpoena for presidential documents and hid them.

He was charged with “refusing to … encourage migration hither” to prevent population growth by new Americans. “Build the Wall!”

King George depended on his “divine right” to rule. The purpose of the Declaration and the Revolution was to replace the regal God-given authority with a government created by the people that could not be controlled by a single person.

The real Revolution was the democratic Constitution, created in a world almost totally dominated by countries under one person’s control. The balances struck between the federal government and the states and among the legislative, executive and judicial branches were meant to make royal-style rule impossible.

Now, Trump offers a different take on the Constitution. “I have an Article II, where I have the right to do whatever I want as president,” he said while in office.

Article II of the Constitution states: “The executive power shall be invested in a President of the United States of America.” It does not say “all power” belongs to the president.

Article I states: “All legislative powers ... shall be vested in a Congress of the United States....” Congress makes the federal laws. Period. Article II requires the president “to take care that the laws be faithfully executed.” That falls far short of “the right to do whatever I want as president.”

If elected in 2024, he proposes to act as if he has unlimited power. He has made clear that he would overrule the independent judgment of the Justice Department and regulatory agencies, refuse to spend money appropriated by Congress and replace thousands of civil service positions with his political appointees. And he would open an investigation of President Biden.

It seems that he expects to have a compliant Congress go along with his plans. If he and a Republican congressional majority are elected in 2024, he will take their joint victory as a sign that the public approves of his plans. That’s why he is stating his intentions now.

In effect, Trump’s intentions would amend the Constitution. While Congress has delegated many of its powers to executive agencies, it retains the right to define their authority and displace or eliminate them. None exists without congressional authority.

The former president’s view reflects the “unitary executive theory,” which would give him complete control over every agency of government. The theory has been around as long as the Constitution. President George W. Bush was a believer. Ignoring Congress and the courts, he signed new laws while saying parts of them were unconstitutional and he would not enforce them.

This form of government may fall just short of absolute royal power, so long as there are regular, free elections. Those in charge may change; today’s dominators may be tomorrow’s dominated.

As for free elections, Trump has claimed that he should be able to serve more than the constitutional two terms. Was it a joke? A trial balloon? Regal presidential status?

In more practical terms, Trump’s plans directly raise the issue of authoritarian versus democratic government. Should presidential elections give us leaders who do “whatever” they want or are subject to checks and balances? That could be the big question on the 2024 ballot.

Dems pulled to center by GOP right

 

Gordon L. Weil

Bernie Sanders is no longer a democratic socialist.  He has dropped that label on his website.

President Joe Biden has gone out of his way to say he is not a socialist, contrasting himself with Vermont Sen. Sanders.   The label has proved to be a political liability.

When Biden ran for president in 2020, he first defeated Sanders for the Democratic nomination.  Sanders was the leader of the left wing of the Democrats, while Biden ran as a moderate.  Now Sanders backs him.

That shift reflects the gradual move to the right of American politics.  In my last column, I focused on the Republicans as they have become more conservative.  This time, it is possible to see how the GOP’s apparent appeal may be drawing the Democrats away from the progressive left.

The Republicans have almost abandoned moderate positions, while the Democrats have moved somewhat more to the center, leaving progressives with the choice of accepting Biden’s practical politics or continuing with what may be self-defeating insistence on their positions.

Biden has scored some liberal wins, but the Democrats have accepted moderate policies in order to preserve their remarkable unity.  They protect the liberal democracy threatened by the hard right wing that now dominates the Republicans.

In his first two years, with a Democratic congressional majority, Biden gained victories on Covid relief, infrastructure, and the Inflation Reduction Act.  He received some GOP support.  In his third year, a Republican House majority harasses him and votes as a bloc against anything he proposes.

He has split the Republicans on support for Ukraine and challenged Democratic progressives by authorizing the sale to Ukraine of cluster bombs, outlawed by much of the international community.  He has not closed a major tax loophole benefiting the wealthy and or provided a competitive public option for Medicare.

The Democrats’ election vulnerability stems from its feeble responses to the GOP and Biden’s lack of charisma.  Their strength comes from Biden’s legislative activism and their unity, caused by the threat of a second Trump presidency. 

Conservative Republicans won’t compromise with the Democrats, because they believe their policies will prevail in 2024.   Pragmatic Democratic moderates believe they can succeed through policies that increase middle class incomes and potential gains among disaffected Republicans.

Maine Gov. Janet Mills may be the model of the right-of-center Democrat who can cater to some GOP interests without losing progressives.

On the progressive side, her advocacy of easing abortion restrictions has wide appeal and is taken as a sign of the state’s liberalism.  She supported paid family leave including a payroll tax increase, displeasing business, because she knew it would win if it went to a referendum.

Mills opposed allowing Maine’s Indians to enjoy federal benefits, even opposing her party’s legislative leadership and showing some innate conservatism.  Similarly, on off-shore wind power development, she was willing to allow labor unions, the Democrats’ natural allies, a preferential shot at only about half the jobs.

And she was lukewarm about the development of a public defender system for poor defendants and did not allow the Legislature to send out the public power to referendum, leaving it up to a people’s petition.  In effect, she moved away from traditional Democratic positions.

Mills and Second District Rep. Jared Golden may be the wave of the future for Democrats. Last week, Golden was only one of four Democrats to join House Republicans in voting for a military spending bill containing a provision designed to cut back on Defense Department outlays for abortions, though the version of the budget will not pass.

Clearly, Mills often takes positions favorable to business, based on the claim that they promote economic development and outside investment.  They include her support for the major new electric transmission line, coolness to public power and her stance on wind generator labor.

The Democrats may not have ceased being liberals, but they increasingly reach out to business interests traditionally associated with the GOP.  That’s one big reason the president has taken to campaigning about the success of “Bidenomics.” 

As they move to the right, the Republicans may put into play traditional economic allies, which care relatively little about the conservatives’ wedge issues compared with their traditional concerns about regulation, taxes and the state of the economy.

Biden may also have an eye on the No Labels movement, which could run a third-party candidate in the presidential election.  It claims to be centrist, taking pro-business positions, while opposing some Democratic policies.  If West Virginia Sen. Joe Manchin joins No Labels and some fellow Democrats follow, it could enhance Trump’s chances.

If 2024 will be a test for the Republican right’s faith in wedge issues and Biden attacks, it will also test if Democrats can maintain and expand their moderate-progressive unity.

Liberal democracy retreats as politics take a right turn

 

Gordon L. Weil

The world is taking a right turn.

Even when parties clash on policy, their shared values can yield practical results through compromise. But now, conservatives increasingly reject compromise, jeopardizing shared values.

Liberal democracy may be retreating. It emerged from the adoption of social welfare policies and the defeat of fascism by American and European democracies. Once widely accepted, it is now openly challenged.

Listen to Viktor Orban, the Hungarian Prime Minister idolized by some American conservatives. His country has lived under a monarchy, Nazism and Communism, and he now proclaims, “We have replaced a shipwrecked liberal democracy.” He labels his new form of government “illiberal democracy,” which amounts to an elected dictatorship with no need to compromise.

Orban’s views are extreme, but many conservatives favor smaller and more authoritarian government, lower taxes, and fewer foreign commitments. They believe that only by being uncompromising, contrary to the practices of liberal democracy, can they gain control.

Even in Maine, this way of thinking is appearing.

Unless two-thirds of the Legislature agrees on a state budget, a version adopted by a simple majority and signed by the governor must be delayed for 90 days. That’s what happened this year with the basic budget. But hopes remained for a supermajority to adopt the supplemental budget.

The minority Republicans and the majority Democrats had conflicting legislative goals. They reached a compromise with some GOP gains, but the majority unsurprisingly dominated the result. The 13-member bipartisan Appropriations Committee sent the agreed budget to the House and Senate with the opposition of only one Republican.

The compromise budget, enjoying the support of Republican leaders, was expected to get the required supermajority. Then, GOP House members rebelled against a budget that had been negotiated by their own picked representatives. The House GOP leader had to abandon them.

Minority Leader Billy Bob Faulkingham said that efforts had been made at compromise. “But at the end of the day, I listen to my caucus, and I answer to them.” With remarkable honesty, he reported that he had accepted its refusal to agree. The GOP required even more concessions to add to their major win on highway funding, which should reduce taxes.

In the final tally, the compromise budget received only three GOP votes. Two came from members of the Committee, veterans of political compromise politics who stuck by their position and the third was by the Senate GOP leader.

Maine Republicans in the Legislature had openly shed the shared values of compromise for partisan conflict. Their backs may have stiffened when the Democrats led in adopting liberal legislation on abortion and gender.

This situation revealed much about the Republican Party. While there may be more degrees of conservatism at the national level, the split between party factions was revealed by the Maine budget switch.

Nationally, the GOP is composed of four elements: Trump loyalists, the hard or extreme right, strong conservatives and moderate or economic conservatives.

The Trump loyalists are attached to Donald Trump (and possibly to any successor named Trump). They can be understood as an ultra-loyal cult or at least an ardent fan club. Wherever he leads on policy, they follow. If he is found legally guilty of anything, they would see him as the victim of a plot.

The hard right places partisanship above political responsibility. They not only disagree with Democrats; they want to destroy Democrats. This leads to conspiracy theories and endless attempts to discredit their opponents. Social media lies are their weapons. Autocratic government is their goal. They are the Orban people.

Strong conservatives will fight on wedge issues like abortion, gender identity and gun control, and also support voter suppression and more emphasis on religious rights. They demand smaller government and lower taxes. They want to reduce government aid programs for the poor and disadvantaged.

Traditional conservatives want lower taxes and reduced regulation, which they see as standing in the way of economic growth. The business wing of the party, they are less concerned about social issues than other conservatives. They are willing to seek compromises with Democrats. Among Republicans, they are fading out. The Maine budget vote showed that happening.

The growth of the hard right and strong conservatism is not limited to the U.S. The right turn has been seen in the end of U.K. membership in the EU. Italy, Israel, Sweden and France have all seen a surge of parties on the right.

In the U.S., the split between strongly conservative states and other states following more traditional politics is becoming increasingly obvious, shown by contrasting red and blue states.

Conservative Republicans want to give voters a clear choice, undiluted by compromise. They believe that’s the way to win. The 2024 elections, with or without Trump, may provide the key test for the powerful Republican right.

Supreme Court reactions: Too much heat, too little light

Gordon L. Weil

More has been said about what’s wrong with recent Supreme Court decisions than about what the decisions said.  Snap analyses have amounted to spreading half-true and often biased explanations to people who don’t read the opinions.

On one side are liberals, including justices, who give the clear impression that the Court is political, acting like a legislature, and under the control of conservative zealots.  On the other side are conservatives, who like the decisions and claim victory.

Beyond question, the Court’s majority on some major issues is composed of conservative justices. They show that there is no objective law, but rather that the Constitution and laws are subject to their mindset.  Recent controversial cases reveal how justices look at the same facts, but reach conflicting conclusions. That’s normal, and the criticism may go too far.

In one case, a cake maker who designs special sweets for customers sought to refuse any client who wanted a cake decorated for a same-sex wedding.  The designer’s religious beliefs oppose such marriages, and they wanted to conform to these teachings.  But Colorado state law bans discriminating among customers.

The Court ruled that requiring the designer to prepare such a custom cake violated their freedom of speech because the government would make them express themselves over their objection. The decision only affected design work, and did not overrule the Colorado law requiring the designer to sell any standard cake to any customer no matter its ultimate use.

The criticism of this decision was that it allowed a person’s religious belief to displace the Fourteenth Amendment requirement for equal protection of the law. The Court majority effectively decided that a First Amendment free speech right should be given more weight than that Fourteenth Amendment right.

While about a religious objection, the decision was not about religion. Suppose the designer was the descendant of a Holocaust victim and refused to place a swastika on a cake for a fascist customer.  Would opponents of the cake case decision feel the same?

In another controversial decision, the majority ruled against affirmative action in college admissions. Race by itself could not be used simply to increase the diversity of the student body.

The conservative majority noted that the universities in the case had offered no evidence that diversity produced superior academic results.  The advocates of affirmative action may believe that diversity in itself has an obvious educational value. 

The Court ruled that the relevance of a person’s race to their own life could be taken into account, but that admitting people to achieve racial balance should not be allowed.  That could amount to illegal discrimination negatively affecting applicants denied admission.  Colleges could neither deny nor offer admission based on race

After this decision, colleges could still end up with similar diversity through their individual admissions selections.  And the Court’s decision will affect only a handful of the nation’s thousands of colleges.

Another case focused on President Biden’s attempt to wipe out $430 billion in student loans using a law passed after 9/11, giving the president extra emergency powers. He had suspended loan payments during the Covid pandemic and proposed to use the terrorism law to make the suspension permanent.

The Court majority said the president could not undertake such massive spending, even for a worthy purpose, without express congressional approval.  The minority claimed that the majority had invented a new rule to reach this conclusion. That’s a legal question open to debate.

What would have been the reaction if President Trump had chosen to use his emergency authority under this law to build the wall along the Mexican border?  Wouldn’t there have been objections that he lacked such authority and could not use the 9/11 law to cover his favored spending?

In all these cases, it’s worth remembering there may be a difference between what you see as right and what is legal. 

The Court’s conservatism seems increasingly political, especially given Justice Samuel Alito’s public speeches.   In recent years, justices on both sides have become highly and rudely critical of one another.  That increases the appearance of partisanship and not judicial neutrality.

Chief Justice John Roberts, a conservative, is making some effort to close the gap.  He is putting space between himself and the extreme conservatives. But he resists a code of ethics for the Court and tolerates the political activism of some justices.

The Court’s controversial opinions reveal the false assurances by judicial nominees who tell Congress they will stick to the law. What’s the law?  Elect a conservative president and their appointees will probably produce conservative interpretations of the law.

When people are polled about major issues, they often cite the economy or immigration in determining who they support for president.  If they fail to focus on the Court, they may get decisions they don’t like.