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These Stats Show Why Milwaukee Was Primed to Explode

Mother Jones

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Milwaukee’s mayor imposed a 10 p.m. curfew on Monday and Wisconsin governor Scott Walker activated the National Guard in response to weekend rioting sparked by Saturday’s fatal police shooting of an armed black man, 23-year-old Sylville Smith. The unrest, in which protesters torched multiple businesses and police cars and at least one person was shot, was the second wave of major protests since December 2014, when a county prosecutor declined to file charges against police in the fatal shooting of another black man, Dontre Hamilton. But while anger over such police shootings may have set off the mayhem, decades of unemployment, segregated housing, substandard schools, and racist policing set the stage for Milwaukee to blow. Indeed, the city has earned itself a reputation as the worst place to be black in America. Here’s why:

Concentrated poverty: Milwaukee is one of the nation’s most segregated cities, with black residents—40 percent of the population—living almost exclusively on the city’s north side. Milwaukee is also America’s second poorest major city, in a state that in 2014 had the nation’s highest black unemployment rate. A third of its black residents live in “extreme poverty,” defined as a household with an income less than half that deemed appropriate by the federal government for a family of its size—and 40 percent live below the poverty line. This is partly because the region’s jobs are concentrated in three white suburbs that are all but inaccessible by public transportation. The WOW counties, as these suburbs are known, are at least 94 percent white, and just 1 to 2 percent black.

Failing schools: Milwaukee’s public schools are doing a poor job of educating their students. During the 2013-14 academic year, Milwaukee had the nation’s largest black-white gap in graduation rates, and K-12 test scores were abysmal.

Most black kids in Milwaukee attend highly segregated public schools. According to University of Wisconsin-Madison professor Mark Levine, roughly three out of four attends a high-poverty institution where 90 percent of the students are black. And when those kids misbehave, schools are quick to dole out suspensions. In 2011-12, Wisconsin led the nation in suspending black high schoolers, thanks largely to excessive suspension rates in Milwaukee. (If you want to understand why suspensions are bad, and how children can be disciplined more effectively, read this piece.)

Mass incarceration: Black men in Milwaukee are incarcerated at the highest rate in the nation. In 2013, according to UW researchers, one in eight were locked up, and by the time the men hit their 30s and 40s, more than half have served time. Two-thirds of the incarcerated men came from six of the city’s poorest zip codes, including those for Sherman Park, the neighborhood where the most recent police killing took place. Another of the zip codes (53206) has the highest black male incarceration rate in America—62 percent, according to another UW study. (A documentary on that community is due out later this year.) So many Milwaukeeans have criminal records, one ex-offender told NPR, that police routinely ask the people they pull over whether they’re on probation. Wisconsin spends more on corrections than on higher education. And to top it off, just 10 percent of black men with a criminal record in Wisconsin have a valid drivers license—which makes it tough to secure jobs and services. (The sheriff of Milwaukee County recently called the Black Lives Matter movement a terrorist organization.)

How it got this bad: Black people moved to Milwaukee in large numbers beginning in the 1960s—later than many blacks who left the South inhabited other Rust Belt cities such as Chicago and Detroit during the Great Migration. White immigrant communities in Milwaukee fiercely resisted integration in housing and schools, and when the city’s manufacturing industry collapsed shortly after blacks arrived, massive racial disparities sprang up in employment, housing, and education. Milwaukee also was hit harder by globalization and by the disappearance of manufacturing jobs than other major urban centers, an analysis by the Milwaukee Journal Sentinel found. Black men suffered a drop in employment during this period that was more than twice what the nation endured during the Great Depression. White residents fled to the suburbs, taking their resources with them, and little has improved since. Decades of tensions between police and the city’s black communities helped fuel this latest flareup.

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These Stats Show Why Milwaukee Was Primed to Explode

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These Are the States That Might Legalize Pot Next

Mother Jones

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Talk of legal marijuana is growing across the US like a—well, you get it.

This November, voters in five states where some form of medical marijuana is already legal will decide whether to authorize recreational use: Arizona, California, Maine, Massachusetts, and Nevada.

Another four states, Arkansas, Florida, Montana, and North Dakota, will vote on legalizing medical marijuana. Michigan, Missouri, and Oklahoma may also vote on medical marijuana, but advocates are still working to get their initiatives on the ballot.

With the presidential election likely to boost voter turnout and polls showing as many as 54 percent of Americans in favor of legalization, pot supporters are feeling confident, says Mason Tvert, communications director for the Marijuana Policy Project.

While opponents warn of unknown health effects and the possibility of spawning a “big marijuana” industry, Tvert argues that “life has gone on as usual” in states where marijuana has already been legalized—Alaska, Colorado, Oregon, and Washington, along with the District of Columbia.

All five of this fall’s state legalization campaigns have adopted the same slogan, “Regulate Marijuana Like Alcohol.” The measures would allow anyone 21 or over to use the drug, and establish legal cultivation and retail markets, alongside taxation and regulatory regimes.

Here’s a rundown on where voters could choose to legalize this November:

Arizona

Supporters of Proposition 205, the legalization measure, withstood a challenge this summer from a collection of business groups and individuals who sued claiming that backers didn’t have enough valid signatures to get on the ballot. Upon review, the secretary of state found the campaign had well over the necessary 150,642 signatures.

But opponents of the bill, including Maricopa County Attorney Bill Montgomery and Yavapai County Attorney Sheila Polk, are still trying to knock the question off the ballot. They’re among the backers of another suit filed last week aiming to have the measure tossed, arguing the proposed law is flawed, and that the brief summary of the law that voters will read on election day fails to effectively explain what all the bill would do.

Latest poll: 52 percent oppose legalization (O.H. Predictive Insights, July)

California

After an attempt to legalize recreational marijuana in California failed in 2010, both supporters and opponents of legal weed see the state as a key battleground.

As of early August, the pro-legalization camp had raised nearly $7 million. ($2.5 million came from Napster founder and former Facebook president Sean Parker.)

While the opposition campaign in the state had only raised $125,000 at that time, at least one national organization has signaled it’s intentions to fight the measure: Smart Approaches to Marijuana (SAM), a group which includes former Rep. Patrick Kennedy (D-R.I.) and former George W. Bush administration official David Frum, has put up $2 million to fight legalization efforts in November.

SAM president Kevin Sabet, a former advisor in the White House’s Office of National Drug Control Policy, told the Los Angeles Times he expects a lot of the group’s resources will go to the Golden State.

“If there is one thing we agree on with legalization advocates,” Sabet said, “it’s that California is important.”

Latest poll: 60 percent support legalization (Public Policy Institute of California, May)

Maine

Early opponents feared Maine’s Question 1 could allow large companies to push out the state’s already established and thriving medical marijuana industry, which has nearly tripled in size since 2011. But the measure would reserve 40 percent of business licenses for small-scale growers.

Last fall, the MPP-backed Regulate Marijuana Like Alcohol campaign joined forces with a local organization, Legalize Maine, in order to avoid having competing ballot measures. The pro-legalization campaign raised $1 million in June and July.

Latest poll: 53.8 percent support legalization (Maine People’s Resource Center, May)

Massachusetts

Polls over the past two years have been close, and the state’s contest may shape up to be the tightest of the five.

The opposition has some big names on their side, including Republican Governor Charlie Baker and Attorney General Maura Healey and Boston Mayor Marty Walsh, both Democrats.

But the pro-campaign claims support from Democratic Boston City Council President Michelle Wu, who has said “it just seems ridiculous that kids at Harvard can smoke pot and have incredibly successful careers while blacks and Latinos, particularly boys and men, who are using the same substance are sent to jail.”

Latest poll: 51 percent oppose legalization (Gravis Marketing, July)

Nevada

Not long ago, legalization supporters had the backing of the editorial board of the Las Vegas Review-Journal, the largest paper in the state. But after Sheldon Adelson, a casino magnate and Republican megadonor, purchased the paper late last year, the editorial board published an piece predicting that the new owner would enforce a “complete reversal” on marijuana legalization.

In June, the paper ran an editorial with a simple takeaway: “Voters should ‘just say no’ to legalizing recreational marijuana on Election Day.”

Supporters of the initiative include several state legislators, including Nevada State Sen. Richard Segerblom, a major proponent of the state’s medical marijuana system. (A local dispensary has named a sativa strain, “Segerblom Haze,” in his honor.)

The state’s most prominent Democrat, Senator Harry Reid isn’t so supportive. “If I had to vote on it now, I wouldn’t vote for it,” Reid said Tuesday. “That’s something we need to look at quite a bit longer. I think it’s something that we have to be very careful with.”

Latest poll: 50 percent support legalization (KTNV-TV/Rasmussen, July)

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These Are the States That Might Legalize Pot Next

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Clinton Campaign Fights Back Against Claim That She’d Support TPP

Mother Jones

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Hillary Clinton’s campaign is anxiously trying to reassure Bernie Sanders’ supporters that she opposes the Trans-Pacific Partnership trade deal, despite what one of her closest allies might be telling the press.

On Tuesday night, Virginia governor and longtime Clinton pal Terry McAuliffe did what he does best, sticking his foot in his mouth in an interview right after his speech to the Democratic National Convention. McAuliffe told Politico that he expects Clinton to come around on the TPP once she’s in office. “Listen, she was in support of it,” he said. “There were specific things in it she wants fixed.” He followed up on MSNBC on Wednesday, noting that while Clinton would like to see parts of the deal changed, he still expects her to sign it eventually.

The Clinton team did its best to refute McAuliffe, reiterating that Clinton is firmly opposed to the trade deal. “I can be definitive,” campaign chairman John Podesta told reporters at a press conference Wednesday morning. “She is against it before the election and after the election.” The AFL-CIO quickly latched onto that message as well on Tuesday night, blasting out a statement from the organization’s president, Richard Trumka, saying “Terry McAullife is absolutely wrong. He should listen more closely to our candidate, just as Hillary has listened closely to America’s workers.”

Clinton supported the trade deal in principle when she was a member of President Barack Obama’s cabinet but has shifted to vocal opposition during her presidential campaign. Opposing the TPP has become a central cause for Sanders fans, with “No TPP” signs widespread inside the DNC hall this week. (It was one of the few party platform fights the Sanders camp lost, though that was at the behest of Obama rather than Clinton.) It’s the rare place where the Sanders crowd finds itself aligned with Donald Trump, who has regularly assailed the TPP and other free trade deals during his presidential campaign. “We all know it is gonna happen if she won,” Trump warned during a press conference Wednesday, playing off McAuliffe’s comments. It was enough of a concern for the Clinton campaign that immediately after selecting Sen. Tim Kaine of Virginia as Clinton’s running mate, the campaign told the media that Kaine, who had previously hedged on the TPP, was now firmly opposed to the deal.

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Clinton Campaign Fights Back Against Claim That She’d Support TPP

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Virginia’s Supreme Court Just Struck Down a Plan to Restore Voting Rights to 200,000 Felons

Mother Jones

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Virginia’s Supreme Court on Friday blocked Gov. Terry McAuliffe’s attempt to restore voting rights to more than 200,000 felons. The 4-3 ruling, which could have a significant impact on the potential swing state in November, comes three months after the Democratic governor issued an executive order to enfranchise felons who had completed their sentences and parole or probation as of April 22.

In May, Virginia Republicans sued the governor over the use of taxpayer money to make such an order, suggesting that the order would aid Democratic turnout in the general election. State Senate Majority Leader Thomas K. Normen, Jr. said in a statement at the time that McAuliffe had “overstepped the bounds of his authority and the constitutional limits on executive powers.” McAuliffe struck back, stating that the lawsuit would “preserve a policy of disenfranchisement that has been used intentionally to suppress the voices of qualified voices.”

The Virginia Supreme Court found that McAuliffe overstepped his clemency authority in granting 206,000 felons the right to vote through executive order and that it violated the state constitution.

“Never before have any of the prior 71 Virginia governors issued a clemency order of any kind—including pardons, reprieves, commutations, and restoration orders—to a class of unnamed felons without regard for the nature of the crimes or any other individual circumstances relevant to the request,” wrote Chief Justice Donald W. Lemons in the majority opinion.

“To be sure, no governor of this commonwealth, until now, has even suggested that such a power exists,” the justice wrote.

The court’s decision made Virginia “an outlier in the struggle for civil and human rights,” McAuliffe said in a statement Friday. He criticized Republicans’ lawsuit.

“I cannot accept that this overtly political action could succeed in suppressing the voices of many thousands of men and women who had rejoiced with their families earlier this year when their rights were restored,” he said, adding that he would “expeditiously sign” orders to restore voting rights to 13,000 felons. It was immediately unclear if the court’s order would affect McAullife’s plans to grant rights for those people.

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Virginia’s Supreme Court Just Struck Down a Plan to Restore Voting Rights to 200,000 Felons

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The Virginia Supreme Court Tried To Kill A Key Voting Rights Order—And This Democratic Governor Won’t Let Them

Mother Jones

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Virginia’s Supreme Court on Friday blocked Gov. Terry McAuliffe’s attempt to restore voting rights to more than 200,000 felons. The 4-3 ruling, which could have a significant impact on the potential swing state in November, comes three months after the Democratic governor issued an executive order to enfranchise felons who had completed their sentences and parole or probation as of April 22.

In May, Virginia Republicans sued the governor over the use of taxpayer money to make such an order, suggesting that the order would aid Democratic turnout in the general election. State Senate Majority Leader Thomas K. Normen, Jr. said in a statement at the time that McAuliffe had “overstepped the bounds of his authority and the constitutional limits on executive powers.” McAuliffe struck back, stating that the lawsuit would “preserve a policy of disenfranchisement that has been used intentionally to suppress the voices of qualified voices.”

The Virginia Supreme Court found that McAuliffe overstepped his clemency authority in granting 206,000 felons the right to vote through executive order and that it violated the state constitution. The ruling could affect the one in five African Americans who are disenfranchised as a result of a felony conviction in the state.

“Never before have any of the prior 71 Virginia governors issued a clemency order of any kind—including pardons, reprieves, commutations, and restoration orders—to a class of unnamed felons without regard for the nature of the crimes or any other individual circumstances relevant to the request,” wrote Chief Justice Donald W. Lemons in the majority opinion.

“To be sure, no governor of this commonwealth, until now, has even suggested that such a power exists,” the justice wrote.

The court’s decision made Virginia “an outlier in the struggle for civil and human rights,” McAuliffe said in a statement Friday. He criticized Republicans’ lawsuit.

“I cannot accept that this overtly political action could succeed in suppressing the voices of many thousands of men and women who had rejoiced with their families earlier this year when their rights were restored,” he said, adding that he would “expeditiously sign” orders to restore voting rights to 13,000 felons. It was immediately unclear if the court’s order would affect McAullife’s plans to grant rights for those people.

You can read the judges’ opinions here.

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The Virginia Supreme Court Tried To Kill A Key Voting Rights Order—And This Democratic Governor Won’t Let Them

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Trump’s VP shortlist looks like him, sounds like him on climate

Jeepers Veepers

Trump’s VP shortlist looks like him, sounds like him on climate

By on Jul 12, 2016Share

Donald Trump has reportedly narrowed his vice presidential candidates to a short list of five men, plus “two that are unknown to anybody.” The five known candidates’ environmental records are about what you’d expect considering their potential boss once referred to climate change as a Chinese hoax. Here they are:

Mike Pence, Governor of Indiana

Pence is an Evangelical Christian and Creationist who once told Chris Matthews that the science on climate change is “very mixed.” Last year, 22 scientists wrote Pence an open letter offering to help Indiana address its unique challenges due to climate change. Pence did not take them up on it, but he signed Indiana up to help derail Obama’s Clean Power Plan.

Chris Christie, Governor of New Jersey

In the midst of his own bid for the presidential nomination, the New Jersey governor referred to Trump as a “carnival barker,” a “13-year-old,” and “thin-skinned.” Then Christie endorsed him. He’s had a similar approach to climate change. Although Christie says there is “no use in denying global warming exists,” he contradicts himself by not wanting to do anything about it.

Newt Gingrich, former Speaker of the House

Gingrich used to think Congress should address climate change — as seen in the bizarro commercial with Nancy Pelosi embedded below. But apparently he changed his mind sometime after 2008. Last year, he criticized the Paris climate summit in the Washington Times, writing, “Nothing that happens there will affect the climate. Wishes don’t power the global economy; fossil fuels do.”

When Gingrich ran for president in 2012, he promised $2.50 gas if the U.S. approved the Keystone XL pipeline and opened the Gulf of Mexico to unrestricted drilling. Since then, gas prices have come down just fine without President Gingrich.

Mike Flynn, retired Army lieutenant general 

The 33-year army veteran who briefly served as the director of the Defense Intelligence Agency in the Obama administration is a registered Democrat — or at least he was before Trump started eyeballing him. After the recent mass shooting in Orlando, Flynn attacked Obama for focusing on little matters like climate change. “And here we have the President of the United States up in Canada talking about climate change,” Flynn said. “I mean, God, we just had the largest attack … on our own soil in Orlando. Why aren’t we talking about that?”

Jeff Sessions, Alabama Senator

Ranked one of the most conservative members of Congress, Sessions was the first senator to endorse Donald Trump. He’s also hardliner on immigration and shares Trump’s affinity for making racist comments. Sessions has repeatedly insisted that there’s been  “almost no warming” in the past 25 years, contrary to all the evidence otherwise. But while Sessions may not accept climate change, the good news is he does believe in magic.

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Trump’s VP shortlist looks like him, sounds like him on climate

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10 More States Sue Federal Government Over Transgender Bathroom Rules

Mother Jones

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Ten more states sued the federal government Friday over rules allowing transgender kids to use bathrooms corresponding with their gender identity—rather than the sex listed on their birth certificates—in public schools. They join a group of 13 other states already suing the Obama administration over the same mandate.

A May 13 directive from the Department of Education and the Department of Justice, which does not carry the force of law, said schools that forced transgender kids to use bathrooms matching their birth sex would be violating Title IX and could lose federal funding.

The lawsuit filed Friday is being brought by the states of Nebraska, Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, and Wyoming. They argue the Obama administration’s directive was an overreach and a misinterpretation of Title IX.

“The recent action by these two federal agencies to require showers, locker rooms, and bathrooms to be open to both sexes based solely on the student’s choice, circumvents this established law,” Nebraska Attorney General Doug Peterson wrote in a statement. “It also supersedes local school districts’ authority to address student issues on an individualized, professional and private basis. When a federal agency takes such unilateral action in an attempt to change the meaning of established law, it leaves state and local authorities with no other option than to pursue legal clarity in federal court in order to enforce the rule of law.”

On May 25, another lawsuit was filed against the federal government over the same directive by the states of Texas, Alabama, Wisconsin, West Virginia, Tennessee, Oklahoma, Louisiana, Utah, and Georgia; the governor of Maine; the Arizona Department of Education; and school districts in Texas and Arizona. Kentucky and Mississippi later signed on to that lawsuit.

The Obama administration argues that transgender kids are already a vulnerable minority and that blocking them from bathrooms of their choice is discriminatory.

“We’re talking about kids, and anybody who’s been in school, been in high school, who’s been a parent, I think should realize that kids who are sometimes in the minority—kids who have a different sexual orientation or are transgender—are subject to a lot of bullying, potentially they are vulnerable,” President Barack Obama said in an interview with BuzzFeed defending the directive.

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10 More States Sue Federal Government Over Transgender Bathroom Rules

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A Brief History of America’s Private Prison Industry

Mother Jones

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Read Mother Jones reporter Shane Bauer’s firsthand account of his four months spent working as a guard at a corporate-run prison in Louisiana.

In the early 1980s, the Corrections Corporation of America pioneered the idea of running prisons for a profit. “You just sell it like you were selling cars, or real estate, or hamburgers,” one of its founders told Inc. magazine. Today, corporate-run prisons hold eight percent of America’s inmates. Here’s how the private prison industry took off:

1983


More: Who owns the Corrections Corporation of America?

Thomas Beasley, Doctor R. Crants, and T. Don Hutto start Corrections Corporation of America, the world’s first private prison company.

1984

CCA begins operating a county jail and a juvenile detention center in Tennessee. It also opens its first privately owned facility in Houston, a motel hastily remodeled to hold immigration detainees.

1985

A federal judge orders Tennessee to stop admitting inmates to its overcrowded prisons. CCA offers, unsuccessfully, to pay $250 million for a 99-year lease on the state’s entire prison system.

1986

CCA goes public, saying its facility design and use of electronic surveillance mean it can operate larger prisons “with less staff than the public sector would have needed.”

A guard dog at Winn Correctional Center in Winnfield, Louisiana

1987

Wackenhut Corrections Corporation, later known as the GEO Group, gets its first contract to run a federal immigration detention center.

Mid-’90s

CCA co-chairs the criminal justice task force of the American Legislative Exchange Council (ALEC). Among the “model” bills to emerge are truth-in-sentencing and three-strikes legislation that help fuel the ’90s prison boom.

1997

Arguing that it’s in the property business, CCA becomes a real estate investment trust for tax purposes. A new affiliate, Prison Realty Trust, raises $447 million for a prison-buying spree.

Private And Public Prison Populations 1990-2014

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1998

The Justice Department investigates a CCA prison in Youngstown, Ohio, following a spate of escapes, stabbings, and killings. In addition to finding inexperienced and poorly trained guards, the probe reveals that CCA took on maximum-security inmates at a facility designed for a medium-security population.

2000

As prison occupancy rates drop, Prison Realty Trust nearly goes bankrupt. CCA stock, once nearly $150 a share, falls to 19 cents. The company drops the trust and restructures.

CCA Stock Price, 1997-2016

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2004

A Justice Department report finds a “disturbing degree” of physical abuse by staff and underreporting of violence among inmates at a Baltimore juvenile facility run by the private prison operator Correctional Services Corporation. CSC is later acquired by GEO.

2005

Rep. Ted Strickland (D-Ohio) introduces the Private Prison Information Act, which would require private prisons holding federal inmates to comply with Freedom of Information Act requests. It died, as have at least seven similar bills opposed by CCA and GEO.

2007

A drawing by an immigrant child held at CCA’s T. Don Hutto Center. ACLU

CCA’s and GEO’s stock prices jump as both companies jockey to run the federal government’s expanding immigration detention centers. Meanwhile, the ACLU settles a case against Immigration and Customs Enforcement for conditions in the CCA-managed T. Don Hutto Residential Center in Texas, where about half the detainees are kids. Under the agreement, children no longer wear prison uniforms and may move more freely.

2008

The New York Times investigates the deaths of immigration detainees, such as a Guinean man at a CCA-run facility who fractured his skull and was placed in solitary confinement before being taken to a hospital. He died after four months in a coma.

2009

A CCA representative attends a meeting where ALEC members draft the legislation that will eventually become Arizona’s notorious anti-immigration law. CCA denies having a hand in writing the bill. It cuts ties with ALEC the following year.

2010

An ACLU suit alleges rampant violence at a CCA-run Idaho prison known as “gladiator school.” The lawsuit claims the prison is understaffed and fosters an environment that “relies on the degradation, humiliation, and subjugation of prisoners.” The FBI investigates but doesn’t pursue charges. In Kentucky, the governor orders all female inmates removed from a CCA prison after more than a dozen cases of alleged sexual abuse by guards.

2011

Inmates at Winn Correctional Center

CCA becomes the first private prison company to purchase a state facility, buying Ohio’s Lake Erie Correctional Institution as part of a privatization plan proposed by Gov. John Kasich and supported by his corrections chief, former CCA Director Gary Mohr.

2012

CCA offers to buy prisons in 48 states in exchange for 20-year management contracts. The same year, a GEO-operated youth facility in Mississippi where staff sexually abused minors is described by a judge as a “cesspool of unconstitutional and inhuman acts and conditions.” At another Mississippi facility, a 24-year-old CCA employee is killed during a riot over prisoners’ complaints about poor food, inadequate medical care, and disrespectful guards.

2013

CCA converts back to a real estate investment trust, as does GEO. Mother Jones reports that the Bill & Melinda Gates Foundation has invested $2.2 million in GEO.

2014

CCA’s annual report flags criminal justice reform—including drug decriminalization and the reduction of mandatory minimum sentences—as a “risk factor” for its business. Chris Epps, Mississippi’s prison commissioner and the president of the American Correctional Association, is charged with taking kickbacks from a private prison contractor.

2015

Sen. Bernie Sanders (I-Vt.) co-sponsors the Justice is Not for Sale Act, which would ban all government contracts with private prison companies. After Hillary Clinton is criticized for using campaign bundlers who’d worked as lobbyists for CCA and GEO, she promises to no longer take their money and says, “We should end private prisons and private detention centers.”

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A Brief History of America’s Private Prison Industry

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When Parole Boards Trump the Supreme Court

Mother Jones

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This story is published in partnership with The Marshall Project.

Almost everyone serving life in prison for crimes they committed as juveniles deserves a shot at going home. That’s the thrust of a series of Supreme Court rulings, the fourth and most recent of which was decided this year. Taken together, the high court’s message in these cases is that children are different than adults when it comes to crime and punishment—less culpable for their actions and more amenable to change. As such, court rulings have determined all but the rarest of juvenile lifers are entitled to “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.”

When He Was 16, This Man Threw One Punch—and Went to Jail for Life Courtesy of Deborah Buchanan

The court left it up to states how to handle this year’s new ruling but suggested parole boards were a good choice. “Allowing those offenders to be considered for parole,” Justice Anthony Kennedy wrote in January, gives states a way to identify “juveniles whose crimes reflected only transient immaturity—and who have since matured.” Most states have taken this option, changing juvenile lifers’ sentences en masse from life without to life with the possibility of parole.

But prisoner’s rights advocates and attorneys have begun to argue that parole boards, as they usually operate, may not be capable of providing a meaningful opportunity for release. A handful of courts have agreed.

Last month, a New York state appeals court judge ruled that the state’s parole board had not “met its constitutional obligation” when it denied parole to a man who had killed his girlfriend when he was 16. Dempsey Hawkins is now 54 and has been denied parole nine times in hearings that, the court said, did not adequately weigh what role his youth and immaturity had played in his crime.

Also last month, a group of juvenile lifers in Maryland filed suit, arguing that not a single juvenile lifer had received parole in that state in the last 20 years. “Rather than affording youth a meaningful and realistic opportunity for release…grants of release are exceptionally rare, are governed by no substantive, enforceable standards, and are masked from view by blanket assertions of executive privilege,” the lawsuit says.

Similar suits are proceeding in Iowa, Michigan, Florida, Virginia and North Carolina, where a judge heard oral arguments last week.

“There are just two relevant kinds of sentences: those that provide a meaningful opportunity for release and those that don’t,” says Sarah French Russell, a Quinnipiac University law professor who studies juvenile justice. “Sentences that are not technically labeled life without parole can deny a meaningful opportunity for release because of the procedures or criteria used by the parole board.”

In almost every state, parole board members are political appointees with little incentive to release prisoners who committed violent crimes, The Marshall Project has reported. Boards operate with wide discretion to make decisions for almost any reason, and in many states, their decisionmaking is shielded from public view and not subject to appeal. A recent analysis by the University of Minnesota law school found that parole release rates in many states remain stuck under 10%, even as the country searches for solutions to mass incarceration. In Ohio, 7% of hearings result in parole being granted. In Florida, the 2014 grant rate was 2%.

One common basis for parole denial is the seriousness of the crime. This may be an allowable metric for adult offenders, these lawsuits argue, but in light of the Supreme Court’s rulings, juvenile lifers must be judged by a different standard.

“No meaningful opportunity to prove rehabilitation can be granted where the only consideration at a parole hearing is the severity of the offense,” wrote attorneys for Blair Greiman, who was sentenced as a teenager in Iowa to life without parole for kidnapping and rape, then re-sentenced after the Supreme Court’s rulings.

At 16, high on horse tranquilizers he had stolen from the veterinary supply at his family’s farm, Greiman raped a woman, stabbed her, and left her for dead. Now 50, Greiman says he has a “simple desire to live a decent life and not be defined by the worst act of my life.” In prison, he has earned a degree, become a master woodworker, participated in counseling and treatment and published a novel, the lawsuit says. Yet, repeatedly denied parole because of the seriousness of his crime, Greiman “is effectively placed in the same situation as he was previously—a juvenile offender serving life sentences without eligibility for parole,” his lawyers argue. Fred Scaletta, assistant director of Iowa’s corrections department, said the board cannot comment on pending litigation. Since Greiman filed suit, the board has approved him for placement in minimum security, a step towards work release, and will review him again next year, Scaletta said.

A handful of states have implemented special parole board procedures for juvenile lifers. Massachusetts and Connecticut provide funding for attorneys to represent juvenile lifers before the board. The Massachusetts Supreme Court also said juvenile lifers were entitled to fees for expert witnesses and to appeal the outcome to a judge—all protections that adult offenders do not enjoy.

“In the case of a juvenile homicide offender—at least at the initial parole hearing—the task is probably far more complex than in the case of an adult offender,” the Massachusetts court wrote. Juvenile lifers must be given the chance to prove that their crime was committed, at least in part, because they were young—immature, impressionable, dependent on adults—but to do that requires gathering educational, medical, and legal paperwork, sometimes decades old, from behind bars. “An unrepresented, indigent juvenile homicide offender will likely lack the skills and resources to gather, analyze, and present this evidence adequately,” the court wrote.

California, Louisiana, West Virginia, and Nebraska have all passed laws providing new rules and procedures for parole boards to follow in cases of juvenile lifers.

In New York, attorneys for Mr. Hawkins are lobbying the governor to widen the scope of the court’s ruling in his case and put protections in place for all juvenile lifers facing the state’s parole board.

Even with special protections, lawyers and advocates say, whether juvenile lifers get parole is still largely dependent on the political atmosphere and whims of the board members. From 2013 until last year, half of juvenile lifers who went before the Massachusetts board were granted parole; that rate dropped to zero when a new board chair took over last September. Lawyers for the last 14 juvenile lifers to go before the board—all of whom were denied parole—say they plan to begin filing lawsuits.

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When Parole Boards Trump the Supreme Court

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North Carolina’s anti-trans governor is cozy with major polluter

North Carolina’s anti-trans governor is cozy with major polluter

By on May 17, 2016Share

North Carolina Gov. Pat McCrory (R) has been in the news lately thanks to HB2, a bill he signed into law in March that forces transgender folks to use the bathroom of the gender on their birth certificates. The backlash for McCrory — who is up for reelection this year — was swift. Along with a myriad of businesses who have threatened to pull out of the state, North Carolina residents themselves are protesting in creative ways: An “air horn orchestra” regularly performs outside the governor’s mansion in Raleigh, a Durham-based advertising firm is giving away toilet paper printed with the text of HB2, and activists delivered a porta-potty to McCrory’s lawn.

But HB2 isn’t the only issue that has North Carolina media outlets asking questions about McCrory, who is up for re-election this November. There’s also the governor’s cozy ties to Duke Energy and allegations that his administration let the company off easy after serious pollution violations.

A fine reduced

The story goes back to 2014, when Duke Energy — McCrory’s employer for nearly three decades — was responsible for a spill that dumped 40,000 tons of toxic coal ash and 27 million gallons of wastewater into the Dan River, one of the largest coal ash spills in the nation’s history.

Initially, Duke was fined $25 million by the state, but in a retreat that many residents found disappointing — and fishy — the North Carolina Department of Environmental Quality (DEQ) later privately negotiated the fine down to just $7 million. When the deal was announced in September 2015, an attorney for the Southern Environmental Law Center called it “a total surrender and collapse by DEQ.”

An investigation by TV station WRAL later found that McCrory and DEQ officials secretly met with Duke Energy leaders, including company CEO Lynn Good, at the governor’s mansion in Raleigh a few months before the fine was lowered.

Duke, as it happens, donated $3 million to the Republican Governors Association soon after the 2014 coal ash spill. The association, which contributed to McCrory’s campaign in 2012, is expected to be a big backer of his reelection effort this year.

Dirty drinking water

But the low fine wasn’t the only favor that the McCrory administration appears to have done for Duke Energy.

After the Dan River spill, investigations found that Duke had more than a dozen coal ash storage sites across the state, many of which were leaching a carcinogen called hexavalent chromium into the water table. After this was discovered, 240 households located near coal ash sites were told not to drink from their wells. Duke Energy started supplying bottled water to those households in April 2015, as WBTV reports.

But a year later, the DEQ and the North Carolina Department of Health and Human Services reversed the do-not-drink order. Residents were told their water was just as safe as water coming from public utilities.

That wasn’t true, WBTV reports. Some of the wells near Duke’s facilities were found to have levels of hexavalent chromium hundreds of times higher than the average level in the state’s public water systems.

So why the about-face by the state agencies? Duke Energy, it turns out, lobbied the state to reverse the do-not-drink order, according to the TV station. When state epidemiologist Megan Davies was deposed by a lawyer for the Southern Environmental Law Center, she said that she and her boss questioned the reversal. She also said that McCrory’s office intervened in the wording of initial do-not-drink letters sent out in April 2015.

Still, the Department of Health and Human Services insists that the water contamination is nothing to worry about. “The water in these wells meets the standards of the Safe Drinking Water Act,” Kendra Gerlach, communications director for the agency, said in a statement. “Allowing the affected residents to return to drinking their water is within federal and state guidelines and is consistent with safe drinking water practices across the country.”

For those who live near Duke’s coal ash sites, however, the state’s position doesn’t bring much comfort. In the year between the do-not-drink order and its reversal, nothing has changed. The coal ash sites weren’t cleaned up and the carcinogen didn’t go away. In fact, one thing has arguably gotten worse: In March, McCrory shut down the commission charged with overseeing the cleanup of Duke’s coal ash sites across the state.

“The water isn’t any different,” said Tad Helmstettler, an environmental health supervisor in Rowan County, one of the areas affected by the order. “If you were worried about the water before, you should be worried about it now.”

If polls are to be believed, McCrory has his own reasons to be worried: His approval rating is at an all-time low, and he’s in a tight race with Democratic challenger Roy Cooper. And as the spotlight shines brighter on HB2, as well as the governor’s ties to Duke Energy, McCrory’s prospects may only get darker.

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North Carolina’s anti-trans governor is cozy with major polluter

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