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    Brett Kavanaugh’s Hall Pass for Police Misconduct

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    Brett Kavanaugh

    On July 9, 2018, Brett Kavanaugh was nominated for a lifetime appointment to the highest court of the land, the Supreme Court of the United States (SCOTUS). Since Kavanaugh’s nomination, opponents are extremely concerned his addition to the court will skew the court to a conservative majority resulting in the rollback of rights and protections for women and minorities

    Although Brett Kavanaugh’s stance on Roe v. Wade has been widely discussed, the latest allegation of sexual assault levied by Dr. Christine Blasey Ford has added yet another layer of angst among Democrats and women advocacy groups opposing his confirmation.

    Observers can’t help but notice the historical parallels between the Kavanaugh hearings and the installation of Justice Clarence Thomas despite the testimony of Anita Hill in 1991. Thomas is currently the longest serving conservative justice on the current court. Most importantly, it is likely his impact will be felt for decades to come which is why its imperative the mistakes of the past are not repeated.

    As the spotlight shifts from Kavanaugh’s stance on Roe to allegations of sexual assault, little attention has been paid to Kavanaugh’s position on the exclusionary rule which may drastically change how law enforcement wield its governmental power. The exclusionary rule is “a law that prohibits the use of illegally obtained evidence in a criminal trial” presented by police to prosecutors.

    Last year, Kavanaugh gave a speech where he commended the late Chief Justice William Rehnquist’s view that the exclusionary rule “was beyond the four corners of the Fourth Amendment’s text and imposed tremendous costs on society,” and that it was not “required by the constitution.” Kavanaugh was referring to Rehnquist’s originalist approach to the constitution and his belief that the court should not go beyond its text.

    The exclusionary rule was created to deter law enforcement from performing unreasonable searches and seizures as defined by the 4th amendment of the United States Constitution. This limit on law enforcement power is so intrinsic and engrained in our culture that it is almost taken for granted.

    The rule simply says that evidence unlawfully obtained by police cannot be used against a suspect at trial. The rule also provides an important check on a criminal justice system that is already skewed against poor people and people of color.

    A recent study found that the majority of innocent people who are wrongfully convicted and later exonerated are African American. In regards to murder convictions, African Americans are seven times more likely to be wrongfully convicted than white people. The disparity is even more pronounced with regards to drug offenses; African Americans are twelve times more likely to be wrongfully convicted than whites.

    The stock argument in opposition to the exclusionary rule is that it inevitably allows guilty persons to go free. According to Judge Benjamin Cardozo, “The criminal is to go free because the constable blundered.” However, those in favor of the exclusionary rule remaining intact believe without it, the protections guaranteed by the Fourth and Fifth Amendments are nothing more than empty promises.

    The exclusionary rule has been chipped away at with various exceptions since the Rehnquist Court. Currently, the Supreme Court has four conservative justices; Clarence Thomas, Neil Gorsuch, Samuel Alito, and John Roberts. With the addition of Kavanaugh our protections under the exclusionary rule, and Roe for that matter, will be in jeopardy.

    The public has already witnessed Officer Michael Slager on video attempting to plant evidence on Walter Scott after fatally shooting in him the back while he was running away from a traffic stop for a broken taillight violation in Charleston, South Carolina. Communities of Color already fear and mistrust the police, and unchecked police power will further widen the divide.

    If police are allowed to illegally enter into a home or seize property without securing a warrant and are able to present this evidence in court despite being obtained illegally, many fear this move will reward illegal behavior by the police.

    The hypocrisy of government benefiting from its own unlawful conduct leads to a lack of trust in it and further diminishes the idea of equal protection under the law. Most importantly, when a court permits the use of illegally obtained evidence, the court not only sanctions the misconduct but also encourages it.

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    Dylan Fleming is the Policy/Politics Staff Writer for SWHelper. He is also a licensed attorney in the State of Florida, an adjunct professor at the University of Central Florida, and a graduate student in Global Strategic Communication at Florida Institute of Technology.

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    Health

    Poverty, Racism and the Public Health Crisis in America

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    Although extreme poverty in the United States is low by global standards, the U.S. has the worst index of health and social problems as a function of income inequality. In a newly published article, Bettina Beech, clinical professor of population health in the Department of Health Systems and Population Health Sciences at the University of Houston College of Medicine and chief population health officer at UH, examines poverty and racism as factors influencing health.

    “A common narrative for the relatively high prevalence of poverty among marginalized minority communities is predicated on racist notions of racial inferiority and frequent denial of the structural forms of racism and classism that have contributed to public health crises in the United States and across the globe,” Beech reports in Frontiers in Public Health. “Racism contributes to and perpetuates the economic and financial inequality that diminishes prospects for population health improvement among marginalized racial and ethnic groups. The U.S. has one of the highest rates of poverty in the developed world, but despite its collective wealth, the burden falls disproportionately on communities of color.” The goal of population health is to achieve health equity, so that every person can reach their full potential.

    Though overall wealth has risen in recent years, growth in economic and financial resources has not been equally distributed. Black families in the U.S. have about one-twentieth the wealth of their white peers on average. For every dollar of wealth in white families, the corresponding wealth in Black households is five cents.

    “Wealth inequality is not a function of work ethic or work hour difference between groups. Rather, the widening gap between the affluent and the poor can be linked to unjust policies and practices that favor the wealthy,” said Beech. “The impact of this form of inequality on health has come into sharp focus during the COVID-19 pandemic as the economically disadvantaged were more likely to get infected with SARS CoV-2 and die.”

    A Very Old Problem 

    In the mid-1800’s, Dr. James McCune Smith wrote one of the earliest descriptions of racism as the cause of health inequities and ultimately health disparities in America. He explained the health of a person “was not primarily a consequence of their innate constitution, but instead reflected their intrinsic membership in groups created by a race structured society.”

    Over 100 years later, the Heckler Report, the first government-sanctioned assessment of racial health disparities, was published. It noted mortality inequity was linked to six leading causes of preventable excess deaths for the Black compared to the white population (cancer, cardiovascular disease, diabetes, infant mortality, chemical dependency and homicide/unintentional injury).

    It and other reports led to a more robust focus on population health over the last few decades that has included a renewed interest in the impact of racism and social factors, such as poverty, on clinical outcomes.

    The Myth of Meritocracy

    Beech contends that structural racism harms marginalized populations at the expense of affording greater resources, opportunities and other privileges to the dominant white society.

    “Public discourse has been largely shaped by a narrative of meritocracy which is laced with ideals of opportunity without any consideration of the realities of racism and race-based inequities in structures and systems that have locked individuals, families and communities into poverty-stricken lives for generations,” she said. “Coupled with a lack of a national health program this condemns oppressed populations such as Black and Hispanic Americans, American Indians, and disproportionately non-English speaking immigrants and refugees to remain in poverty and suffer from suboptimal health.”

    Keys to Improvement

    The World Health Organization identified three keys to improving health at a global level that each reinforces the impact of socioeconomic factors: (1) improve the conditions of daily life; (2) tackle the inequitable distribution of power, money and resources; and (3) develop a workforce trained in and public awareness of the social determinants of health.

    The report’s findings highlight the need to implement health policies to increase access to care for lower-income individuals and highlight the need to ensure such policies and associated programs are reaching those in need.

    “Health care providers can directly address many of the factors crucial for closing the health disparities gap by recognizing and trying to mitigate the race-based implicit biases many physicians carry, as well as leveraging their privilege to address the elements of institutionalized racism entrenched within the fabric of our society, starting with social injustice and human indifference,” said Beech.

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    Environmental Justice

    How American Cities Can Promote Urban Agriculture

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    In his original plan for the city of Philadelphia, William Penn declared that every home should have ample space “for gardens or orchards or fields, that it may be a green country that will never be burnt and always be wholesome.” Before militiamen or throngs of protestors, the Boston Common nourished grazing cattle. Urban agriculture has cropped up again and again in cities throughout American history – from “relief gardens” for the poor in the 19th century, to “victory gardens” of World War II – and for good reason. If embraced and encouraged, urban agriculture can create economic, cultural, environmental and educational benefits. In recent years, various cities have developed good urban agriculture programs. By distilling their successes and struggles, my colleagues and I identify a series of best practices in this area.

    Tailoring Programs for Varied Communities

    “Urban agriculture” is an umbrella term encompassing a wide array of practices. Good programs take account from the start of community preferences that vary. Beekeeping or backyard chickens, for example, might be considered progress in Portland but backwardness in Baltimore. Controversies often arise, but they offer opportunities for dialogue. When disputes erupted about the 140-acre Hantz Farms proposal in Detroit, for example, officials convened public meetings to fashion a vision of urban agriculture. Cities like Portland and Vancouver have formed urban agriculture task forces composed of private citizens, government representatives, and organizational partners to advise the cities on planning and code issues.

    In most cities, urban agriculture of some form is already practiced, whether regulations officially enable it or not. It is important to take stock of these existing operations and practices. Important elements to consider include: the number of gardens and gardeners, their demographics, the type and location of existing gardens, popular agricultural practices, and where space exists to expand urban agriculture. Numerous cities have benefited from conducting “urban agriculture land inventories,” in which mapping professionals use satellite imagery and public records to determine which publicly-owned plots are best suited to urban agriculture.

    Communities should develop an independent agency or department to manage urban agricultureBecause urban agriculture is a multi-faceted process, many city agencies currently regulate its disparate aspects; Parks, Public Works, Environmental Protection, Sustainability, Health and Sanitation, Land Banks, and other departments all have their hand in working with growers. Centralizing this authority under one department can streamline regulation and simplify the process of establishing gardens and farms. Boston’s Grassroot program, Chicago’s Neighborspace program, and New York’s Green Thumb program are all excellent examples.

    Municipalities should audit existing codes and laws. Although most relevant regulations will be found in local zoning ordinances, other codes might have unexpected effects on urban agriculture – including ordinances regulating produce sales, market stands, shade trees, and noise. In Los Angeles, a near-forgotten, yet narrowly-worded, 1946 “Truck Gardening Ordinance” threatened to limit agricultural sales exclusively to vegetables before it was amended by the city’s governing body. Municipalities should also be aware of state and federal regulations that might affect agriculture policy decisions. Right to Farm laws typically operate at the state level and may restrict localities. Notably, Detroit and other large cities in Michigan had to postpone regulation of urban agriculture until they were exempted from their state’s Right to Farm rules.

    Ways to Facilitate Urban Agriculture

    Although public sentiment should determine where urban agriculture is appropriate, there are opportunities to incorporate some form of agriculture or gardening in every land use zone. Cities from Seattle to Philadelphia have incorporated urban agriculture into existing land use codes. Small acreage projects unlikely to create nuisances include backyard gardens typical of single family homes and should be permitted virtually anywhere. Yet large acre, high nuisance projects – such as multi-acre urban farms relying on heavy machinery or animal husbandry – are better suited for the city edges or industrial zones.

    While permitting urban agriculture outright in this fashion has proven successful, other creative ways that cities have enabled urban agriculture include:

    • Creating new zones for urban agriculture specifically, as in Boston and Cleveland.
    • Permitting urban agriculture as “conditional” or “accessory” rather than primary use. This allows local planning and zoning boards to maintain control over how such uses are developed, without restricting them. However, this approach can become too cumbersome and likely to disproportionately burden applicants with fewer resources.
    • Land can be directly supplied — through adopt-a-lot programs and leasing underused spaces to citizens or qualified urban farmers. Offering flexible, medium- to long-term leases is critical, as security of land is vital to the success of urban farms.

    Good Management to Sustain Citizen Projects

    Finally, municipalities must take steps to ensure that citizens practicing urban agriculture do so responsibly. Some of the most effective approaches include:

    • Passing or revising codes that limit the use of pesticides and fertilizers
    • Enforcing time restrictions on the use of noisy farm equipment (although this is not typically an issue on small plots where hand tools are most common)
    • Providing training opportunities through city departments or local cooperative extension services
    • Requiring preliminary testing of land and monitoring of soil toxicity, soil nutrition, and any utility lines running through a property
    • Offering  access to rain barrels or municipal water hookups
    • Including urban agriculture in all future urban planning efforts, including master plans.
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    Justice

    The Covid Pandemic Increased Vulnerability to Forced Labor in Global Supply Chains

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    Comprehensive evidence points to increased vulnerability of workers to forced labor in global supply chains during the Covid-19 pandemic, an analysis published today by the Modern Slavery and Human Rights Policy and Evidence Centre (Modern Slavery PEC) has found.

    The Centre, which was created to enhance understanding of modern slavery and transform the effectiveness of law and policies designed to address it, is funded by the Arts and Humanities Council.

    The Modern Slavery PEC has carried out an analysis of evidence, including new academic research funded by the Centre, on the impact of Covid-19 on modern slavery across the world.

    The analysis has found that the pandemic has increased vulnerability to modern slavery all over the world, including in the UK, as many of the underlying wider factors underpinning modern slavery have worsened, such as poverty, inequality and unemployment. Construction, manufacturing, including ready-made garment production, as well as accommodation and food services have been the sectors most affected by the pandemic.

    It found that the increased vulnerability of workers to forced labor is often linked to long and complex supply chains, of which businesses have limited visibility. Already vulnerable groups, such as migrant and informal workers, were most affected, particularly in the lower tiers of supply chains.

    There is evidence of an increase in the risk of forced labor both in supply chains that experienced a significant reduction in demand, such as garments, and those that experienced demand spikes, such as PPE production.

    The problems were compounded by businesses struggling with the immediate impact of the pandemic making it difficult to mitigate the modern slavery risks in their supply chains, including by making it very challenging to carry out due diligence processes on suppliers on the ground.

    Additionally, some of the early response by business to the pandemic exacerbated vulnerability to modern slavery, for example by cancelling contracts and withholding payment for goods already produced.

    Modern Slavery PEC Partnership Manager Owain Johnstone, one of the authors of the analysis, said:

    “Covid-related supply chain disruption is a wake-up call for businesses. The evidence that the pandemic has worsened people’s vulnerability to forced labor in global supply chains is overwhelming.”

    “The pandemic has highlighted the complexity and fragility of many supply chains and reinforced the link between the lack of visibility over supply chains and the vulnerability of workers to modern slavery. More transparent, resilient supply chains are better for business and better for workers”, he added.

    Dr Jo Meehan, Senior Lecturer in Strategic Purchasing at University of Liverpool Management School, who led the Modern Slavery PEC project on the impact of Covid-19 on the management of supply chains, said:

    “Demand volatility has been extremely high during the pandemic. It acts as a driver of modern slavery as it erodes profits, encourages the use of temporary and precarious workers, and destabilises capacity in supply markets.”

    However, the Modern Slavery PEC’s analysis has also pointed out that the pandemic may lead to longer-term positive changes to supply chain dynamics. This includes greater visibility and awareness of supply chains that Covid has forced on businesses and increased awareness of exploitation affecting supply chains.

    Dr Meehan said: “Our study revealed that because of the pandemic, two-thirds of businesses sourced from new suppliers and undertook additional supply chain mapping. Therefore, there is an opportunity for businesses to use these new relationships as springboards to understand the impacts of their own business model and practices, and how they may change to collectively tackle, and prevent, modern slavery.”

    For example, evidence suggests that some businesses have already moved towards the ‘localisation’ of their supply chains, working to shorten them and bring suppliers closer to home to avoid future disruption, which is likely to decrease modern slavery risks. Another example includes extending inventory planning cycles to take their longer-term demand into account and enable better workforce planning.

    Johnstone said: “It’s clear that the crisis has pushed businesses to strengthen their hold on their entire supply chains, which can make it easier to address any exploitation issues potentially affecting them.

    “We urge businesses to use the pandemic experience as a platform to increase visibility and transparency over their supply chains, as well as improving collaboration with their suppliers and peer companies.”

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