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30 million dead trees could make California wildfires even worse

30 million dead trees could make California wildfires even worse

By on Jun 23, 2016

Cross-posted from

Climate CentralShare

With drought and climate change conspiring to push California’s summer wildfire season into premature overdrive, the state’s lead wildfire agency has acquired a multimillion dollar arsenal to help it cope with unprecedented numbers of dying trees.

California recently bought $6 million worth of chippers, mobile sawmills, portable incinerators, and other equipment to help its firefighters remove some of the nearly 30 million trees that now stand dead across the state, killed by drought and insects.

The equipment is being used as parched southern California landscapes explode in the types of summertime flames that wouldn’t normally be expected until August. Grasses that fattened up following winter storms in central and northern California are expected to fuel major blazes in the weeks ahead.

“The more time that goes by, the drier the fuels are going to become,” said Tom Rolinski, a U.S. Forest Service meteorologist who forecasts fire conditions in southern California. “As this summer unfolds and we get into the August and September timeframes, the fuels are going to be that much drier, and we’re probably going to see more intense fires.”

The California Department of Forestry and Fire Protection, normally called CAL FIRE, which is charged with protecting tens of millions of acres of mostly private land, responded to about 250 fires last week — an unusually large number for mid-June.

On Tuesday, CAL FIRE was working with other agencies to try to contain two major blazes in southern California as firefighters in other Southwestern states also battled big fires amid record-breaking heat.

The fires are being fueled by droughts exacerbated by warming temperatures, which scientists have linked to climate change and to the natural whims of the weather.

“Warming causes fuels to be drier than they would otherwise be,” said Park Williams, who researches ecology and climate change at Columbia’s Lamont-Doherty Earth Observatory. “Whether that corresponds to a large area burned for California this year will depend on human activities and individual weather events.”

Even as firefighters in California toil to battle the extraordinary blazes, they’re being forced to deal with another extraordinary phenomenon: the widespread dying of trees.

About 30 million trees across the state are estimated to have died, succumbing to attacks by beetles because of the weakening effects of drought.

“It’s the drought that sort of sets it off, and then it lets the beetles get out of hand,” said Roger Bales, a professor at the University of California, Merced.

Gov. Jerry Brown declared an emergency in the fall because of the unprecedented die-offs, helping to free up funds needed to remove and dispose of some of them. CAL FIRE hired hundreds of seasonal workers early this year to help remove dead trees and clear out other potential fuel for fires.

While ecologists value dead trees as natural assets that provide holes and logs needed by wildlife, firefighters view them as safety hazards that can crash down on roads, power lines, and homes, and that could potentially fuel bigger blazes.

The “scale of this tree die-off is unprecedented in modern history,” Brown’s emergency declaration stated, worsening wildfire risks and erosion threats and creating “life safety risks from falling trees.”

A group of ecologists formally objected to the emergency declaration, arguing in a letter to Brown that dead trees are natural and necessary parts of Californian landscapes. They pointed to a growing body of research downplaying the wildfire hazards posed by trees killed by beetles.

Dead pines photographed during an aerial survey last year in Los Padres National Forest.U.S. Forest Service

One of those ecologists, Chad Hanson, director of a small California nonprofit, says he agrees that dead trees that pose falling hazards should be removed. But he said trunks should be left on the ground to provide habitat instead of being incinerated or removed. “Once you fell the trees, they’re no longer a hazard,” he said.

Summertime fires in California cause less property damage than the fires that are fanned by dry Santa Ana winds in the fall and winter, but they sap more firefighting resources, research published last year showed.

“We were really trying to figure out how fires will change in southern California in the future,” said James Randerson, a University of California, Irvine earth scientist who contributed to the study. “What we realized early on is that there are two distinct fire types.”

While the effects of climate change on Santa Ana winds fires remain riddled with uncertainty, scientists are generally convinced that the parching effects of global warming will lead to bigger, longer, and more damaging summertime blazes in California — if they aren’t already doing so.

That suggests the intense and early summer fire seasons in this and other recent drought-stricken years may have been less an aberration and more a bellwether of something that CAL FIRE officials frequently describe as a “new normal” for firefighters.

With more greenhouse gas pollution piling into the atmosphere daily, continuing to warm the planet toward a 2 degrees F increase from preindustrial times, and with warmer weather exacerbating droughts, mass tree die-offs could become routine features of Western landscapes.

Not only would that eliminate or shrink some forests, driving them northward or uphill toward cooler climates, it could also force increasingly overworked firefighting agencies to juggle the additional routine task of managing dead trees.

CAL FIRE is focusing its tree removal efforts in areas where most trees have died and where the dead trees pose the most immediate dangers.

“We’re focused on high hazard areas with the greatest threat to life safety and critical infrastructure,” CAL FIRE spokeswoman Janet Upton said. “There are literally hundreds of thousands of acres, and growing, affected by the unprecedented scope and magnitude of tree mortality.”

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30 million dead trees could make California wildfires even worse

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The Supreme Court Just Shot Down a Big Challenge to Affirmative Action. Read the Decision Here.

Mother Jones

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The Supreme Court delivered a major victory for affirmative action on Thursday, rejecting a challenge to a University of Texas admissions system that uses race as a factor to ensure diversity for a portion of its student body. The case, Fisher v. University of Texas, concerns the school’s use of a “holistic” system for 25 percent of its class—the rest of the class as admitted purely on the basis of high school grades—that includes race among other factors. A white applicant who was rejected by the school challenged the system.

On Thursday, the Supreme Court sided with the university in a 4-3 decision. Read the full ruling here:

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Read more about the man who brought this case to the Supreme Court and statements by the late Justice Antonin Scalia earlier in the case suggesting that black students belong at “slower” colleges.

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The Supreme Court Just Shot Down a Big Challenge to Affirmative Action. Read the Decision Here.

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The Corrections Corporation of America, by the Numbers

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.

The Corrections Corporation of America launched the era of private prisons in 1983, when it opened a immigration detention center in an former motel in Houston, Texas. Today the Nashville-based company houses more than 66,000 inmates, making it the country’s second-largest private prison company. In 2015, it reported $1.9 billion in revenue and made more than $221 million in net income—more than $3,300 for each prisoner in its care. More on CCA’s operations:

Where CCA operates

CCA runs 61 facilities across the United States.

These include 34 state prisons, 14 federal prisons, 9 immigration detention centers, and 4 jails.
It owns 50 of these sites.
38 hold men, 2 hold women, 20 hold both sexes, and 1 holds women and children.
17 are in Texas, 7 are in Tennessee, and 6 are in Arizona.

No vacancy

CCA and other prison companies have written “occupancy guarantees” into their contracts, requiring states to pay a fee if they cannot provide a certain number of inmates. Winn Correctional Center was guaranteed to be 96 percent full.

Who owns CCA?

CCA’S biggest investor: The Vanguard Group, the country’s second-largest money management firm, holds 14 percent of CCA stock, valued at $447 million as of late 2015.

Notable company figures:

Thurgood Marshall Jr.: CCA board member, lawyer, and son of the first African American Supreme Court justice.
Charles Overby: CCA board member and former CEO of the Freedom Forum, a foundation that promotes press freedoms.
C. Michael Jacobi: CCA board member and chairman of gunmaker Sturm Ruger.
Harley Lappin: CCA’s chief corrections officer and former director of the Federal Bureau of Prisons.

CCA stock price, 1997-2016

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Getting out of prisons

A divestment movement targeting private-prison companies has convinced some major investors to cash in their CCA stocks. Some recent divestments and their estimated values:

Pershing Square Capital Management: $196 million
Systematic Financial Management: $93 million
General Electric: $54 million

“Frankly, we’re delighted to have a greater share of investors who are thoughtful about our business, can tell the difference between rhetoric and reality.” —CCA spokesman commenting on the University of California’s decision to divest in 2015.

CCA in court

CCA told shareholders it faced $4.2 million in liabilities related to lawsuits in 2015, but it said no pending cases would seriously affect its bottom line.

CCA will not disclose details about the lawsuits it faces. But data on more than 1,200 cases obtained by Prison Legal News offers a snapshot of the types of civil cases commonly filed against the company by its prisoners and employees.

Subjects of lawsuits filed against CCA

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Prisoners filed 82 percent of the more than 1,000 federal civil cases naming CCA as a defendant between 2010 and 2015. Federal prisoner suits against CCA have fallen since they peaked in 2000, perhaps due to a 1996 federal law that made it more difficult for inmates to sue prisons.

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The Corrections Corporation of America, by the Numbers

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The Trump Files: Watch Donald Not Be Able to Multiply 17 By 6

Mother Jones

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Until the election, we’re bringing you “The Trump Files,” a daily dose of telling episodes, strange-but-true stories, or curious scenes from the life of presumptive GOP nominee Donald Trump.

Donald Trump was a frequent and favorite guest on Howard Stern’s radio show, and one day in 2006 he brought his children Ivanka and Donald Jr., along for an episode. At one point during the nearly hour-long appearance, the Trump kids explained how they got into the famed Wharton School at the University of Pennsylvania, their dad’s alma mater, on their own merits. The pair talked up their high SAT scores and told Stern that no one, even parents of friends who allegedly donated large amounts to Wharton, could buy their way into the school.

Then Stern gave the Trumps a pop quiz in simple math. The kids struggled to get the answer right—and Trump himself couldn’t do the basic calculation. But, in what might have been a telling moment, the elder Trump insisted that his answer was correct.

Read the rest of “The Trump Files”:

Trump Files #1: The Time Andrew Dice Clay Thanked Donald for the Hookers
Trump Files #2: When Donald Tried to Stop Charlie Sheen’s Marriage to Brooke Mueller
Trump Files #3: The Brief Life of the “Trump Chateau for the Indigent”
Trump Files #4: Donald Thinks Asbestos Fears Are a Mob Conspiracy
Trump Files #5: Donald’s Nuclear Negotiating Fantasy
Trump Files #6: Donald Wants a Powerball for Spies
Trump Files #7: Donald Gets An Allowance
Trump Files #8: The Time He Went Bananas on a Water Cooler
Trump Files #9: The Great Geico Boycott
Trump Files #10: Donald Trump, Tax-Hike Crusader
Trump Files #11: Watch Donald Trump Say He Would Have Done Better as a Black Man

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The Trump Files: Watch Donald Not Be Able to Multiply 17 By 6

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One Crazy Fact That Science Says Could Decide Game 7 of the NBA Finals

Mother Jones

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When the Golden State Warriors and the Cleveland Cavaliers tip off Sunday night for Game 7 of the NBA Finals, don’t be dismayed if your team is slightly behind at half time. In fact, it might be a good thing.

That’s the surprising finding of a study that Jonah Berger—a marketing professor at the Wharton School of the University of Pennsylvania—published several years ago. Along with his colleague Devin Pope, Berger found that NBA teams that were losing by just one point at the end of the second quarter were more likely to win than teams leading by a point. Why? On this week’s episode of the Inquiring Minds podcast, Berger tells host Indre Viskontas that it all comes down to motivation. “They say, ‘I’m almost there, I’m close to winning, but I’m not there yet,” says Berger. “It encourages them to work harder.”

It’s a phenomenon that goes beyond basketball and that, according to Berger, has serious real-world implication. As he and Pope wrote in the New York Times in 2009:

Understanding what motivates employees, researchers and, yes, sports teams, has important implications. Encouraging people to see themselves as slightly behind others should increase motivation. Companies competing to win contracts or research prizes would be wise to focus employees on ways their competitors are a little ahead.

Berger is known for his 2013 bestseller Contagious: Why Things Catch On, where he unpacks the social science behind why word-of-mouth publicity is better than any ad and why anti-drug commercials could actually lead to an increase in drug use. His latest book is Invisible Influence: The Hidden Forces That Shape Behavior. In it, Berger writes about the power of influence and why we conform in some situations and rebel in others. According to Berger, your attraction to a certain sports car, designer handbag, catchy pop song, or good-looking person has less to do with your actual preferences than you might think. “It also depends on social dynamics and the fact that we tend to follow others,” Berger says.

What becomes popular is seldom the just result of objective measures of quality. Berger points out that before Elvis Presley was “The King,” he was told he couldn’t sing. People told Walt Disney he wasn’t creative. And publishers repeatedly turned down J.K. Rowling’s Harry Potter before Bloomsbury picked it up in 1997. (The series made history when the seventh book sold 8.3 million copies in the first 24 hours after it was released.)

Social influence helps us form likes and dislikes, and it also fires up our competitive edge. For example, while studies show that simply educating residents on how to save energy isn’t particularly effective, hinting that they’re not “keeping up with the Joneses” can have a much bigger impact. When software company Opower informed residents on their bill that some of their neighbors were being more energy efficient than they were, it led to decreases in consumption.

So as you crowd around the television, clenching your fists during Game 7 this weekend, it’s worth remembering that the same competitive spirt driving Steph Curry and LeBron James can help you save a few bucks on your electric bill.

Inquiring Minds is a podcast hosted by neuroscientist and musician Indre Viskontas and Kishore Hari, the director of the Bay Area Science Festival. To catch future shows right when they are released, subscribe to Inquiring Minds via iTunes or RSS. You can follow the show on Twitter at @inquiringshow and like us on Facebook.

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One Crazy Fact That Science Says Could Decide Game 7 of the NBA Finals

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How to Ditch Your Air Conditioner Without Melting

During the summer of 2015the hottest summer in recorded historyI went without air conditioning.

I dont say this to brag: the decision was made mostly out of laziness. At the time, I was living in an apartment with big, beautiful casement windows. Big, beautiful casement windows that required a special air conditionerone that, at least according to my Google research into the costwas apparently hand-chiseled from Italian marble and installed by unicorns.

I hemmed and hawed. I spent weeks scouring Craigslist for a used (cheaper) model, finding it hard to justify the cost of a new one when I wasnt sure how long Id live in that apartment. I put off the purchase. And every day that I put it off, it got hotter. And every day, I dealt with ituntil, out of nowhere, the weather cooled and fall was in full swing. I had survived! I had prevailed! I had done what no one else had done (well, except for about a third of U.S. households).

So how did I do it? Glad you I asked. Heres how you can survive the summer without air conditioning and be smug about it just like me:

Draw the curtains.

Your plants may enjoy the sunlight streaming through the windows, but if you want to cool off, close your curtains. And make sure you choose the right ones: medium-colored draperies with white-plastic backings can reduce heat gains by 33 percent.

Close the blinds.

Yes, between the drawn curtains and the shut blinds, youll probably feel a little bit like youve been cast in a movie about an old, hunchbacked ghost who lives in an attic. But when closed and lowered, highly reflective blinds can reduce heat gains by 45 percent.

Go DIY

Take a tip from those living in the Arizona desert in the 1920sto get relief from the heat, people would soak sheets in water and hang them inside the windows, relying on fans to pull air in through the damp fabric, cooling the room.

Stock your freezer.

Shove those bagel bites out of the way, and make room for your undies, pajamas and sheets. Sure, the cooling effect isnt long-lasting, but it is powerful. Putting them on after a cold shower? Even better.

Pick the right pillow.

Not only do buckwheat hull pillows offer great neck support, the hulls have air space between them that help circulate air without trapping your body heat like regular pillows.

Fan out.

In addition to setting up your fans to create a cross-breeze, some swear by getting creative with ice. The trick? Fill a large bowl with ice cubes or ice packs and place it in front of a powerful fanthe air will whip off the ice for an extra chilly effect.

Check the ceiling.

If you have ceiling fans, a small adjustment can make a big difference: most have a counterclockwise option, which creates more air movement in the center of the room, creating a much-needed breeze effect.

Find your pulse.

Blood near the surface of your skin can transfer heat into the surrounding atmosphere, and it circulates back a bit cooler than it was before, Stephen Cheung, Canada Research Chair in environmental ergonomics at Brock University in Ontario, tells CBC News. “The blood vessels open near the skin and that allows us to cool down deeper tissues throughout the body. Apply ice cubes or ice packs to your head, neck and wrists to cool off in minutes.

Switch out your bulbs.

If you havent made the leap from incandescent bulbs to CFLs, now might be a good timeincandescent light bulbs waste 90 percent of their energy in the heat they give off.

Of course, when youre forgoing air conditioning, stay aware. If you have pets or live with older family members, keep in mind that they may not have the same tolerance for heat. Happy cooling!

Related:
3 Homemade Ice Cream Popsicles7 Amazing Things You Can Do With Watermelon
Why Veganism is the Future

Disclaimer: The views expressed above are solely those of the author and may not reflect those of Care2, Inc., its employees or advertisers.

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How to Ditch Your Air Conditioner Without Melting

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Report: School Suspensions Are Costing Taxpayers Billions

Mother Jones

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Suspend a student early in his high school career, and taxpayers could pay the price for years to come.

According to a study released Thursday by the University of California-Los Angeles, the suspensions of 10th graders across the United States in the 2001-02 school year prompted an estimated 68,000 students to eventually drop out of school. Those dropouts, researchers say, cost Americans some $11 billion in lost tax revenue and $35.6 billion in broader social costs—such as health care costs, job loss, and potential earnings—over the course of a lifetime.

UCLA Center for Civil Rights Remedies

The study’s co-authors—UC-Santa Barbara professor emeritus Russell Rumberger and Daniel Losen, director of UCLA’s Center for Civil Rights Remedies—calculated those costs by first looking at how likely students were to drop out after receiving a suspension. They compared graduation rates of 10th graders who’d been suspended in their first semester with graduation rates of those who hadn’t been suspended; they then controlled for factors such as family income and parents’ educational attainment. Later, the researchers determined the financial impact of those departures based on a previous cost analysis by a Queens College professor named Clive Belfield.

Nationally, suspension rates have generally been on the upswing since the 1970s, particularly for children of color. Since 2013, the report notes, many large districts have reduced the number of suspensions handed out. Black students, who made up 16 percent of the overall public school population in the 2011-12 school year, received at least 32 percent of suspensions that year. Overall, 3.5 million students were suspended by US public schools in the 2011-12 school year.

UCLA Center for Civil Rights Remedies

Researchers argue that by reducing the national suspension rate by just 1 percent—perhaps via alternatives to traditional discipline—we could save up to $2.23 billion in social costs. Losen described the figures as “conservative,” noting the costs associated with suspensions could be far steeper—at least $100 billion—if multiple graduating classes were taken into account. “We’re feeling the costs of kids,” he says, “who were suspended 20 years ago.”

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Report: School Suspensions Are Costing Taxpayers Billions

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Trump University "Stars" Turn Out To Be Just More of Donald Trump’s Marks

Mother Jones

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As you know, several former students at Trump University have claimed that the whole operation was a fraud. Trump’s response has been simple: these are just a few malcontents. Most of Trump U’s students were delighted with the education they got.

Well, funny thing about that. The recently unsealed documents in the class-action suit against Trump U included the names of a bunch of those delighted students. So Brandy Zadrozny of the Daily Beast decided to give them a call. She managed to contact five of them:

“Trump University is some of the best money I ever invested,” wrote Ryan Maddings in one of the evaluations for a 3-day Trump University retreat….“It was a lie,” said Maddings, an ex-marine now 32, who told The Daily Beast that he racked up around $45,000 in credit card debt to buy Trump University seminars and products.

….Julie Lord, 51, of New Port Richey, Florida…said she dropped around $80,000 on Trump University seminars, mentorships, and products, but felt like more of “a target” than a student.

…Despite her current claim that she “got burned by Trump U,” in her written evaluation, Lord rated every aspect of the 2008 seminar as “excellent,” adding several plus signs to the maximum 5 rating. “I am so sorry that I did that,” Lord told The Daily Beast after hearing that her positive review is being used as evidence by Trump’s defense. “But they actually coached you.”

The most positive responses Zadrozny managed to get were from one guy who said Trump U was “fine”—though he says he could have learned the same stuff online for free—and another who said she was happy but had never managed to put her Trump U education to any use. What these two have in common is that they managed to avoid the hard sell and ended up spending only a few thousand dollars on Trump U seminars. The folks who got pressured into signing up for the full con, however, seem to pretty routinely feel they were burned. If these are the folks that Trump plans to trot out as defenders of his scam university, he better think twice.

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Trump University "Stars" Turn Out To Be Just More of Donald Trump’s Marks

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Trump U: The Big Con Behind the School Accused of Fraud

Mother Jones

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In the promotional video for his controversial and now-defunct Trump University, Donald Trump stared straight into the camera and proclaimed, “At Trump University, we teach success. That’s what it’s all about. Success.” He promised: “It’s going to happen to you.” And he went on: “The biggest step toward success is going to be sign up at Trump University.” With Trump U and Trump now accused of fraud in several lawsuits, records are emerging that suggest this Trump endeavor was not on the up-and-up and routinely employed hard-sell and shifty tactics to separate customers from their cash. But perhaps the big con behind this operation was that Trump, the presumptive GOP presidential nominee, may not have believed that he could teach whoever signed up how to be successful, because through the years, Trump has repeatedly declared that he believes not everyone has the genetic composition and intelligence to become wealthy and successful.

Trump, who has campaigned as a champion of the little guy, has often stated his belief that only certain humans have the potential to be achievers. In a video for a 2006 book he co-wrote, Why We Want You to Be Rich, Trump was asked, “Do you think anybody can be rich?” His answer was no, and, in explaining this, he dumped on the most famous line of the Declaration of Independence:

No, I don’t think anybody can get rich. I think unfortunately the world is not a fair place. I think you have to be born with a certain intelligence. And it doesn’t have to be a super intelligence, it has to be a certain intelligence. You can’t take somebody that’s not a smart person and say, “By the way, this is what you do, and here’s your little card, and you’re gonna follow these rules and regulations and you’re gonna become a rich person.” The world is not fair. You know they come with this statement “all men are created equal.” Well, it sounds beautiful, and it was written by some very wonderful people and brilliant people, but it’s not true because all people and all men laughter aren’t created—now today they’d say all men and women, of course, they would have changed that statement that was made many years ago. But the fact is you have to be born and blessed with something up here pointing to his head. On the assumption you are, you can become very rich.

Trump’s all-folks-are-not-created-equal view was nothing new. In a 1990 Playboy interview, he noted that when it came to success, “I’m a strong believer in genes.” Years later, in a CNN interview, Trump noted, “I think I was born with a drive for success. I had a father who was successful. He was a builder in Brooklyn and Queens. And he was successful and, you know, I have a certain gene. I’m a gene believer. Hey, when you connect two racehorses, you usually end up with a fast horse. And I really was, you know, I had a good gene pool from the standpoint of that.” And at a Trump rally earlier this year in Biloxi, Mississippi, the mogul proclaimed, “I have Ivy League education, smart guy, good genes. I have great genes and all that stuff which I’m a believer in.”

It seems that Trump does view the world as divided between those who have the genetic potential to succeed and those who don’t. In a 2010 interview, he remarked, “I really believe that a leader is born more so than made.” During a speech the following year in Australia, he asserted that dealing with pressure is a key to succeeding in business and that “some people cannot genetically handle pressure.” In another speech that year on how to succeed, Trump observed, “A lot of you people have a certain factor that make you successful. A lot of people don’t…I will talk about people that shouldn’t even be in the room. Because there are people that can’t do certain things. They can’t be entrepreneurial…Not everybody’s cut out to be an entrepreneur.”

So Trump believed that not everyone could be taught how to win in business and investing because not everyone had the right stuff. And at times he has been explicit about this. When Trump was promoting his best-selling book, The Art of the Deal, he was asked by an interviewer whether people would learn how to make a lot of money from his book. He replied, “Well they might learn that, and they also might learn that they shouldn’t try making too much money because I really have a theory that some people are not destined to make a lot of money, and that’s fine. And they can be very happy, in fact…Not everybody is meant to be a businessperson.”

That was not the message of Trump University. Its ads promised that its students—who paid up to $35,000 for courses—would learn Trump’s “secrets” for amassing wealth and be taught how to apply them right away. “Above all,” Trump said in the promotional video for this business, “it’s about how to become successful.” The pitch essentially said this: Anyone can do it. Yet Trump has frequently indicated that he doesn’t really buy that. Instead, you need good genes, Trump-type genes, to succeed and score big in this not-everyone-is-created-equal world. In that case, there’s not much point in trying to teach inferior Trump wannabes to be like the superior Trump, unless your aim is to redistribute wealth—from them to you. But, in keeping with Trump’s elitist belief in the power of genes, this setup might be called financial Darwinism. (To the guys with the good genes go the spoils—and the cash!) And soon the courts will determine if it’s also fraud.

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Trump U: The Big Con Behind the School Accused of Fraud

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Forget Immigration and Affirmative Action. Chief Justice Roberts Wants to Talk About Peat Moss.

Mother Jones

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With a month left before its summer recess, the Supreme Court has yet to issue rulings on several landmark cases involving immigration, reproductive rights, and affirmative action. So on Monday morning, TV cameras were parked outside, and the courtroom was buzzing with anticipation when the justices convened to release orders and opinions.

Then Chief Justice John Roberts Jr. read an opinion about peat moss.

Reporters in attendance, at least one of whom had driven all the way from Charlottesville, Virginia, for the occasion, hoped at least for a decision in Fisher v. University of Texas, the long-awaited case involving race in college admissions that was argued back in December. Or perhaps an opinion in the state of Texas’ case challenging the Obama administration’s executive action on immigration, which would defer the deportation of millions of undocumented immigrants. Even a ruling in Puerto Rico’s bankruptcy case would have been more exciting than US Army Corps of Engineers v. Hawkes Co., a technical regulatory dispute involving peat moss and the Clean Water Act that was the subject of the first and only opinion of the day.

Reading from the bench, Roberts toyed with deflated reporters by jauntily discussing the benefits of peat, “an organic material that forms in waterlogged grounds, such as wetlands and bogs,” and its uses in gardening and golf. “It can also be used to provide structural support and moisture for smooth, stable greens that leave golfers with no one to blame but themselves for errant putts,” he continued. He ad libbed an observation about peat’s use in brewing whiskey, which was not in the published opinion.

But peat is not all golf balls and highballs, or the case wouldn’t have been at the high court. The Hawkes Co. wanted to harvest about 500 acres of peat moss from swampland in Minnesota for use in golf courses and landscaping. But the Army Corps told the company that the tract in question included wetlands, which it asserted were protected under the Clean Water Act. The Army Corps argued that its decision couldn’t be reviewed by the courts, but the company sued. The suit led Roberts to expound on the virtues of peat and ultimately to rule in the company’s favor by allowing the courts to oversee such wetlands determinations.

After Roberts cheerfully finished reading his opinion, he announced that there were no more decisions in the queue. Further opinions won’t come until next Monday.

While the unanimous Hawkes decision has the potential to weaken enforcement of the Clean Water Act, it isn’t among the court’s pending high-profile cases that could affect large numbers of people and tip the scales in the culture wars—the kinds of cases that make news. The cases that remain undecided are significant, and there are a lot of them. By one count, the court still needs to issue opinions in 24 cases argued this term. Right now there are only four days in June scheduled for the release of new decisions before the summer recess.

What explains the backlog? The court is not a transparent institution, so observers can only hypothesize. But the February death of Justice Antonin Scalia is no doubt a major factor. There’s been some speculation, for instance, that Scalia had been assigned to write the opinion in a case involving Puerto Rican self-governance. Puerto Rico v. Sanchez Valle remains the only case argued in January that hasn’t been decided. When Scalia died, the opinion in that case may have had to be reassigned to a different justice.

It’s possible that other half-written Scalia opinions, especially if they involved other contentious, potential 5-4 cases, are also in limbo or need to be retooled by other justices. As Justice Ruth Bader Ginsburg said last week, eight “is not a good number for a multi-member court.”

Regardless of the reasons for the slowdown, if the justices want to get out of town before the Fourth of July weekend and partake in some of those peat-enhanced activities, they’re going to have to start cranking out a lot more decisions.

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Forget Immigration and Affirmative Action. Chief Justice Roberts Wants to Talk About Peat Moss.

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