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Bombshell report deals another blow to the Supreme Court’s reputation

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By Mary Zeigler  — Culled from the CNN

The Supreme Court’s reputation was already in question when The New York Times released an exposé over the weekend about another alleged breach at the high court.

Earlier this year, there had been revelations that Ginni Thomas, a conservative operative married to Justice Clarence Thomas, repeatedly urged former White House chief of staff Mark Meadows to overturn the results of the 2020 election.

Some legal experts suggested that Clarence Thomas should have recused himself from cases involving the 2020 election, but he did not. (In a statement before meeting with the January 6 committee, Ginni Thomas said she never discussed her campaign activities regarding the 2020 election with her husband.)

In May came the unprecedented leak of a full draft of an opinion in Dobbs v. Jackson Women’s Health Organization dismantling federal protection of abortion rights.

The Dobbs leak set off an internal investigation — which is still ongoing — and reportedly poisoned the atmosphere at the court; another round of leaks soon followed around the possibility that some wavering had occurred from within on overturning Roe v. Wade, the landmark abortion rights case.

The leak prompted fierce criticism, especially from within the court. Justice Samuel Alito, the author of the Dobbs majority, recently called the leak a quote, “grave betrayal,” in an appearance before the conservative Heritage Foundation, suggesting that it put the lives of some of the high court’s conservative justices at risk.

By the end of the summer, it seemed that two things were true. First, this series of revelations had wreaked havoc on the court’s public image, convincing many Americans that it was a profoundly partisan institution.

And, second, members of the court’s conservative supermajority did not much seem to care.

Just look at what happened with Dobbs: Despite months of controversy and plummeting poll numbers, the court released an opinion reversing Roe that was functionally identical to the one leaked in May. Alito, author of the Dobbs opinion, even dropped in a paragraph about the court’s legitimacy, suggesting that it was not his job to worry about what the American people think.

This latest bombshell about anti-abortion groups allegedly getting tipped off in 2014 about a yet-to-be-released blockbuster ruling will test if the justices have to care about the court’s legitimacy after all.

The New York Times reported that the Rev. Rob Schenck, a former anti-abortion activist, had spent years seeking influence at the Supreme Court, developing a network of top donors and court insiders. Schenck alleges that his sources formed close relationships with Thomas, Alito and Justice Antonin Scalia — bonds so close that one couple allegedly received a tipoff about the result in a major case, Burwell v. Hobby Lobby Stores, Inc., at a dinner with Alito and his wife.

The Hobby Lobby case involved a challenge to the so-called contraceptive mandate of the Affordable Care Act, which required employers to cover all female contraceptives approved by the Food and Drug Administration. The owners of some for-profit businesses argued that these forms of birth control were actually abortion-inducing drugs — and that forcing employers to cover them violated employers’ rights.

According to the Times, Schenck said he was told that the employers would win the case from a conservative donor who had close social ties to Alito and his wife — and that Alito had written the majority opinion.

Schenck wasn’t present when his sources allegedly received news about the ruling, but several acquaintances report his telling the same story about the 2014 Hobby Lobby decision, the Times reported. Schenck’s emails from 2014 and beyond also reinforce that he had some kind of inside information about the case and expected his side to win it, according to the Times.

In a statement the Supreme Court provided to CNN on Saturday, Alito called the tipoff allegations concerning the dinner conversation “completely false.”

In an interview with CNN, the donor cited by Schenck also denied allegations of receiving information about the Hobby Lobby ruling, though she admitted that she and her husband dined at Alito’s home.

But this report is the last thing the court needed with its approval ratings already at an all-time low.

It hasn’t always been this way. In the 1970s, Americans’ trust in government institutions shattered in the aftermath of the Vietnam War and revelations about then-President Richard Nixon’s involvement in Watergate, a break-in to the headquarters of the Democratic National Committee and subsequent cover-up. But the Supreme Court long seemed to be an exception.

On former President Donald Trump’s watch, that view was to change dramatically. Trump kicked things off by promising not just that his nominees would be conservative originalists but that they would guarantee the reversal of Roe.

With three Trump nominees on the court, the justices delivered the most conservative wins since 1931, according to an NPR report, citing statistics compiled by professors at Washington University and the University of Michigan.

And it wasn’t just the number of wins — it was how far to the right the court moved. The justices opened the door to displays of religious faith from public school teachers and coaches, and an expansion of public funding for religious schools.

The court also hamstrung the Environmental Protection Agency and cast doubt on the power of other agencies, created a super-right to bear arms that would make it hard to pass any gun regulations and eliminated the right to abortion, even rejecting the argument that abortion restrictions constituted sex discrimination in violation of the Equal Protection Clause — a claim that neither the petitioners nor the respondents in the case had raised.

The message was clear: The court’s conservative majority was here to stay — and making no apologies for the revolution it was working in the law, no matter how deeply unpopular it was becoming.

By the end of the summer, the court’s reputation had taken a nosedive, but the conservative justices hardly seemed to care. They seemed convinced that they truly were insulated from the will of the people.

It’s true that the justices hold lifetime appointments — and that no justice has ever been successfully removed through impeachment. But historically, there were other ways to hold the court accountable — threats to strip the court of jurisdiction, changing the number of justices or even just ignoring the justices’ rulings.

The current conservative majority seems poised to continue making major changes. The court could end affirmative action, further gut the Voting Rights Act, give state legislatures the power to upend federal elections, further curb the power of the EPA and allow religious business owners to refuse service to LBGTQ customers.

The New York Times article on the court’s alleged leak will deal the court’s reputation another blow. Americans want the court to be above partisan politics (less than 20% polled recently by Pew think that the court should bring their political views into decision making), but a growing number of voters think that the court is a partisan institution.

Now, it seems the justices are not just delivering policy wins to one side of the aisle but have developed inside relationships with conservative organizations.

At a minimum, doing so creates a horrible impression for Americans promised that the justices will be neutral arbiters of the law. At worst, it’s a sign of deep corruption. (The Code of Conduct for United States Judges provides ethical guidance for lower court judges but specifically does not cover Supreme Court justices.)

The court seems convinced that it can continue on its current trajectory no matter how unhappy Americans are. If that’s true, Americans will lose trust in yet another institution, and the court will lose touch with the will of the people.

Both of those things would be dangerous for American democracy. And so, for everyone’s sake, we have to hope that there is some accountability for the court after all.

Mary Ziegler is the Martin Luther King Jr. professor of law at the University of California, Davis and author of the book “Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment.” The views expressed here are her own. Read more opinion on CNN.

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Navigating Bias and Ethics in AI-Powered Cybersecurity: The BRACE Framework Approach

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In the dynamic landscape of cybersecurity, the integration of artificial intelligence (AI) systems has ushered in a new era of technological advancements and capabilities. However, with the increasing reliance on AI for cybersecurity operations, the prevalence of biases and ethical dilemmas within these systems has emerged as a critical concern. To address these challenges and foster more trustworthy and reliable AI technologies in the cybersecurity domain, the BRACE framework encapsulates a structured approach encompassing key components focused on bias identification, mitigation, ethical considerations, collaboration, and engagement. This framework serves as a cornerstone for stakeholders to navigate the complex terrain of AI ethics and biases, ensuring that AI systems in cybersecurity align with principled guidelines and societal expectations.

The BRACE framework presents a comprehensive and integrative approach towards enhancing the functionality and ethical integrity of AI systems operating within the realm of cybersecurity. Let’s delve deeper into the key components outlined within this framework:
1. Bias Identification: The foundational step of bias identification involves a meticulous examination of various facets of AI systems – from their design to the data they ingest, and the decision-making processes they employ. By scrutinizing these elements, potential biases can be unearthed, thereby shedding light on any factors that may impede the system’s performance.
2. Bias Mitigation: In the wake of identifying biases, the subsequent phase revolves around formulating tailored strategies to effectively tackle and mitigate them. This may encompass initiatives such as retraining algorithms with more inclusive datasets, fostering transparency in decision-making algorithms, and embodying oversight mechanisms to swiftly identify and rectify biases in real time.
3. Ethical Considerations: The incorporation of ethical considerations forms a pivotal component of the BRACE framework. This entails ensuring that AI systems adhere to a set of principled guidelines ranging from fairness and transparency to accountability and privacy. Moreover, a conscientious evaluation of the potential societal repercussions stemming from AI systems in cybersecurity is imperative to prevent any adverse effects on vulnerable communities or the perpetuation of existing disparities.
4. Collaboration and Engagement: An emphasis on collaboration and engagement with a broad spectrum of stakeholders is advocated within the BRACE framework. By fostering dialogue and partnerships amongst cybersecurity experts, AI researchers, policymakers, and affected communities, a diverse array of perspectives can be harnessed to cultivate robust solutions that effectively address biases and ethical concerns within AI systems utilized in cybersecurity.
Ultimately, the overarching objective of the BRACE framework is to establish a structured and holistic approach towards fostering the reliability and trustworthiness of AI technologies operating within the cybersecurity domain. By systematically addressing biases and ethical dilemmas through a synergistic blend of proactive measures and collaborative efforts, the BRACE framework endeavours to fortify the ethical foundations and operational efficacy of AI systems in cybersecurity.
In conclusion, the BRACE framework emerges as a beacon of guidance in the realm of AI systems in cybersecurity, offering a roadmap for navigating the intricate landscape of biases and ethical considerations. By illuminating potential biases, devising tailored mitigation strategies, incorporating ethical principles, and fostering collaboration, the framework paves the way for the development of AI technologies that not only excel in performance but also uphold ethical standards and societal values. As the cybersecurity landscape continues to evolve, the integration of the BRACE framework stands poised to shape a future where AI systems operate with transparency, fairness, and accountability, ultimately instilling confidence in their reliability and ethical integrity. Through the concerted efforts of diverse stakeholders and the adoption of structured frameworks like BRACE, the cybersecurity community can stride towards a future where AI technologies serve as trusted allies in safeguarding digital assets and upholding cybersecurity standards.

♦ Professor Ojo Emmanuel Ademola is a Nigerian Professor of Cyber Security and Information Technology Management, and holds a Chartered Manager Status, and by extension, Chartered Fellow (CMgr FCMI) by the highly Reputable Royal Chartered Management Institute.

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The Call for Reform: Embracing Chief Awolowo’s Vision for a Better Nigeria

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As we celebrate the 115th Posthumous birthday of Chief Jeremiah Obafemi Oyeniyi Iyanda Awolowo, GCFR, it is essential to reflect on the valuable lessons that today’s politicians can learn from his exemplary leadership. Chief Obafemi Awolowo, a visionary and transformative leader, left a lasting legacy of progressive governance, innovative policies, and unwavering commitment to the betterment of Nigeria. Chief Awolowo’s emphasis on reform to drive progress, development, and prosperity for all Nigerians remains as relevant today as it was during his tenure. In honouring Chief Awolowo’s birthday, it is fitting to consider how his principles can guide policymakers in navigating the complexities of modern governance and leading Nigeria toward a brighter and more sustainable future.

Reflecting on the indelible mark he left on Nigeria through his visionary leadership, particularly his groundbreaking free education policy, Chief Awolowo’s legacy continues to resonate with many Nigerians, myself included. Personally, I owe much of who I am today to the opportunities afforded to me through this policy. In honour of Chief Awolowo’s birthday, it is fitting to explore and celebrate his attributes that today’s politicians can emulate for the betterment of our nation.

Chief Obafemi Awolowo was a visionary leader who played a key role in shaping modern Nigeria. His commitment to the principles of justice, equity, and progress made him a champion of the common man and a symbol of good governance. As we celebrate his 115th Posthumous birthday, it is important to reflect on his legacy and the values he stood for.

 

♦ Professor Ojo Emmanuel Ademola is a Nigerian Professor of Cyber Security and Information Technology Management, and holds a Chartered Manager Status, and by extension, Chartered Fellow (CMgr FCMI) by the highly Reputable Royal Chartered Management Institute.

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Driving Collaboration for Living Wage: Partnership Between Government and Labour Unions

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In today’s complex and dynamic workforce, the partnership between the government and labour unions is integral in driving sustainable progress. Both entities need to forge a unified front and identify shared priorities, particularly regarding job creation, workplace safety, fair wages, and social benefits. In doing so, they can collaborate effectively to address the needs of workers while also advancing broader national objectives, such as the establishment of a living wage.

The intricate relationship between government policies and labour unions presents a complex and challenging dynamic. While the government focuses on implementing policies to drive economic growth, social welfare, and national development, labour unions prioritize advocating for the rights and well-being of workers. This dichotomy can result in apparent discord, with labour unions resorting to strikes and protests to express their disagreement with government policies.

As the government pursues policies serving the broader national interest, it is essential to acknowledge the advocacy of labour unions for the welfare of workers. Despite occasional conflicts of interest, fostering understanding and cooperation between these two entities is critical. By delving into the complexities of this relationship and exploring avenues for collaboration, a more balanced and harmonious approach to policy-making can be achieved. This essay highlights the significance of cultivating understanding and cooperation between the government and labour unions, with the ultimate goal of attaining mutually beneficial outcomes.

However, it is important to recognize that both the government and the labour union share a common goal of promoting the welfare and prosperity of the workforce. Instead of approaching issues with hostility, there is a crucial need to foster understanding and cooperation between the two parties. This can be achieved through open dialogue, transparent communication, and a willingness to engage in constructive discussions.

One approach to building understanding and cooperation is for the government to provide comprehensive explanations for its policies and the rationale behind them. When labour unions are presented with clear and detailed information about the objectives and expected outcomes of government policies, they are better equipped to assess the potential impact on their members. This level of transparency helps to dispel any misconceptions or mistrust, paving the way for more informed and productive conversations.

Additionally, the government can actively seek input from labour unions during the policy-making process. By involving union representatives in discussions and seeking their perspectives, the government demonstrates a commitment to considering the interests of workers. This collaborative approach not only enriches the decision-making process but also conveys a message of inclusivity and mutual respect.

Furthermore, the government and labour unions must work together to identify areas of common ground. For instance, in the manufacturing sector, both parties may share a common goal of ensuring workplace safety. By collaborating on safety protocols and regulations, the government and unions can demonstrate their commitment to protecting workers’ well-being. Another example is related to fair wages, where both the government and unions can collaborate to establish minimum wage policies that balance the interests of businesses and workers. In doing so, they can provide a foundation for equitable compensation while also fostering a healthy business environment.

Additionally, in the public sector, both entities can work together to address issues such as pension plans and healthcare benefits, ensuring they align with the needs of employees and the fiscal sustainability of government programs. Through these examples, it is evident that aligning on common objectives allows the government and labour unions to engage in constructive dialogue and collaborative decision-making, yielding benefits for both workers and the broader society.

Certainly! The synergy of working together enables the government and labour unions to come up with a living wage for workers. By collaborating to identify areas of common ground, such as fair wages, both parties can align on the shared objective of ensuring that workers receive a living wage that supports their basic needs and fosters financial stability. For example, in sectors such as hospitality or retail, the government and unions can join forces to establish minimum wage standards that are reflective of the cost of living and provide workers with a means to support themselves and their families.

Furthermore, through open dialogue and collaboration, the government and unions can leverage their combined expertise to develop comprehensive wage policies that address industry-specific challenges while promoting socio-economic prosperity. This cooperative approach not only benefits workers by ensuring a fair and sustainable wage but also supports businesses in attracting and retaining a skilled and motivated workforce. By harnessing the synergy of their efforts, the government and labour unions can pave the way for the implementation of living wage initiatives that not only uplift workers but also contribute to the overall well-being of communities and the economy.

Several real-world examples highlight the power of collaboration between the government and labour unions. In countries such as Germany and the Nordic nations, social dialogue between government, employers, and trade unions has been instrumental in shaping policies that support workers’ rights, economic growth, and social stability. Through constructive negotiation and cooperation, these nations have been able to navigate complex economic challenges while upholding strong labour protections.

Essentially, fostering understanding and cooperation between the government and labour unions is indispensable for the effective implementation of policies and the promotion of the well-being of workers. By prioritizing transparency, dialogue, and collaboration, both parties can find common ground and work towards mutually beneficial solutions. This approach not only promotes social harmony but also leads to more sustainable and impactful policy outcomes. The relationship between the government and labour unions is a fundamental aspect of societal well-being and economic prosperity. It is imperative to recognize that effective policies must consider the rights and welfare of workers in conjunction with the broader national interest.

This cooperative approach is crucial for shaping policies that uphold the rights, dignity, and prosperity of the workforce. It not only fosters a more positive and productive working environment but also contributes to the long-term resilience of the socio-economic fabric. Embracing a spirit of understanding and cooperation between the government and labour unions is not only essential for harmonious labour relations but also integral for the long-term sustainability and prosperity of the economy.

As we move forward, let us recognize the power of collaboration in shaping policies that not only serve economic growth and national development but also prioritize the rights, dignity, and prosperity of the workforce. Promoting mutual understanding and cooperation between the government and labour unions is a significant step toward achieving policy outcomes that align with the interests of both parties and contribute to the overall advancement of society.

Conclusively, the synergy between the government and labour unions is imperative for achieving a fair and equitable working environment. By aligning on shared goals related to living wages and other vital employment factors, both parties can harness their collective influence to implement policies that not only benefit individual workers but also contribute to the welfare of the entire society. Through ongoing collaboration and cooperation, they can pave the way for a more resilient and inclusive economy, thereby fostering a better quality of life for all.

♦ Ojo Emmanuel Ademola is a college professor 

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