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"content": "\u003cp>\u003ca href=\"#correction\">\u003cem>This story contains a correction.\u003c/em>\u003c/a>\u003c/p>\n\u003cp>Over 4,000 San José city workers are preparing to go on strike tomorrow morning, after months-long negotiations between the employee unions and the city have failed to reach an agreement.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#services\">\u003cstrong>Jump to: How will the strike affect city services?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A strike could have massive implications for residents of the Bay Area’s largest city. Here’s a look at the impasse and which city agencies will be the most affected.\u003c/p>\n\u003ch2>When could a strike take place?\u003c/h2>\n\u003cp>A strike is planned to start on Tuesday, Aug. 15 at 6 a.m. and last for three days.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>How long could a strike last?\u003c/h2>\n\u003cp>The unions are proposing an initial strike that would last three days.\u003c/p>\n\u003cp>But, John Tucker, representative for MEF-AFSCME Local 101, one of the unions bargaining with the city, said they would be prepared to strike for longer if necessary.\u003c/p>\n\u003cp>“Should we have to talk about a further strike afterwards, we’re willing to do so,” said Tucker, but he believes three days should be enough for the unions to show officials how serious they are about their demands.\u003c/p>\n\u003ch2>\u003ca id=\"services\">\u003c/a>How could the strike affect city services?\u003c/h2>\n\u003cp>With workers potentially walking off the job in so many departments, both union and city officials expect disruptions to take place.\u003c/p>\n\u003cp>Tucker predicted the suspension of \u003ca href=\"https://www.sanjoseca.gov/your-government/departments-offices/parks-recreation-neighborhood-services/programs-activities/recreation-camps\">city-run summer recreation programs for kids\u003c/a>, delays in permit applications for building and renovations and flight delays at San José International Airport as workers hit the picket lines.\u003c/p>\n\u003cp>“We have operations specialists who really kind of handle a lot of the day to day operations of the airport, from perimeter security to [responding to] issues at different gates,” Tucker added.[aside label='More Guides from KQED' tag='audience-news']San José’s deputy city manager Kip Harkness says it is impossible to predict the strike’s impact with full certainty without knowing how many workers will follow through.\u003c/p>\n\u003cp>“It all depends on who will show up, but we’d look to libraries and community centers as ones that might be affected,” he said.\u003c/p>\n\u003cp>Harkness added that each of the city departments that could be affected by a work stoppage has a contingency plan to continue services, either with existing employees or contractors.\u003c/p>\n\u003ch2>Would my garbage and recycling still be collected?\u003c/h2>\n\u003cp>Yes. The city has existing agreements with four contractors who collect garbage, recycling and yard trimmings from businesses, homes and apartments in the city. Those agreements all run through 2036 and the collections are not affected by a MEF-AFSCME/IFPTE strike.\u003c/p>\n\u003ch2>What about emergency services like fire and police?\u003c/h2>\n\u003cp>Emergency services such as police and fire will not be affected by the strike. In California, police officers and firefighters are prohibited from striking, and the unions representing police and fire in San José have existing contracts with the city. However, MEF-AFSCME does represent public safety dispatchers; but Tucker acknowledged that those workers are likely to be deemed “essential” and excluded from any work stoppage.\u003c/p>\n\u003ch2>Which workers are negotiating a new contract?\u003c/h2>\n\u003cp>Workers with four bargaining units have been in negotiations with the city. The largest is Municipal Employees’ Federation (MEF)-AFSCME Local 101, which represents thousands of employees, including librarians, city planners and code inspectors.\u003c/p>\n\u003cp>Three other bargaining units, representing workers such as architects, building maintenance supervisors, park managers and wastewater operators, are negotiating under their umbrella union, the International Federation of Professional and Technical Engineers Local 21.\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#tellus\">Tell us: What else do you need information about right now?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003ch2>What are the latest proposals from each side?\u003c/h2>\n\u003cp>The unions’ latest offer asks for a 7% pay hike in the fiscal year that began on July 1, with raises of 6% in fiscal year 2024–25 and 5% for 2025–26.\u003c/p>\n\u003cp>Workers are also pushing for increased paid family leave and other benefits. They say their demands are needed in order to reverse what they call a staffing and retention crisis at the city. City officials point out that the vacancy rate is similar to cities such as Oakland and Fremont — and that it has remained around 12% for the last half-decade despite a growing workforce.\u003c/p>\n\u003cp>The city’s last offer would provide wage increases of 5% in the current fiscal year, with increases of 4% and 3% in the following years.\u003c/p>\n\u003ch2>What are both sides saying about the impasse?\u003c/h2>\n\u003cp>City employees interviewed by KQED complain that their teams are chronically understaffed, resulting in unrealistic workloads and burnout. They say the city has turned into a launching pad for employees to build their skills before moving on to neighboring local governments that offer higher wages and better benefits.\u003c/p>\n\u003cp>“I’m looking forward to voting for a strike because things have not been getting better within the city,” said Michael Jun, who works on residential development in the city’s housing department. “It’s really [that] we’ve been asked to do more with less for a long time now, so this is a real last resort.”[aside label='More on the Strike' tag='san-jose']But the city manager’s office, which is conducting the negotiations with direction from the City Council, argues higher wage increases and corresponding pension contributions will outstretch the city’s financial resources.\u003c/p>\n\u003cp>“We need to come to an agreement that’s fair for the workers, but that we can also afford as a city and as taxpayers,” said Harkness, the deputy city manager.\u003c/p>\n\u003cp>San José has not seen a strike by city employees since 2007, when fewer than a hundred city inspectors walked off the job for nearly two weeks.\u003c/p>\n\u003cp>A much larger action by AFSCME Local 101 took place in the summer of 1981, when hundreds of San José workers went on strike for nine days to push for equal pay for female employees who did comparable jobs to their male colleagues. \u003ca href=\"https://www.nytimes.com/1981/07/06/us/san-jose-employees-strike-over-equal-pay-for-women.html\">It was the first municipal strike over equal pay in U.S. history.\u003c/a>\u003c/p>\n\u003cp>While the work stoppage struggled to compete for local headlines \u003ca href=\"https://www.youtube.com/watch?v=EK-xtG75l2M\">with the MedFly outbreak in the Santa Clara Valley,\u003c/a> it drew national attention — Mayor Janet Gray Hayes and union leaders even flew to New York to discuss the impasse on “Good Morning America.”\u003c/p>\n\u003cp>In \u003cem>The\u003c/em> \u003cem>Mercury News\u003c/em>, the late Phil Trounstine described a tense standoff, “marked by angry confrontations between workers and the city council and by the threatened firing of 400 employees.” On July 15, 1981, the strike came to an end, with the city and union agreeing to a compromise that set aside $1.4 million over two years to increase pay for positions historically held by female employees.\u003c/p>\n\u003cp>\u003ca id=\"correction\">\u003c/a>\u003cem>CORRECTION – Aug. 2: An earlier version of this story stated leadership of the unions involved in negotiations would tally the strike vote on Aug. 7. This story has been corrected to reflect that the strike vote tally will be completed by Aug. 7 and union leadership will announce the results on that date.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>[hearken id=\"10483\" src=\"https://modules.wearehearken.com/kqed/embed/10483.js\"]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>How long could a strike last?\u003c/h2>\n\u003cp>The unions are proposing an initial strike that would last three days.\u003c/p>\n\u003cp>But, John Tucker, representative for MEF-AFSCME Local 101, one of the unions bargaining with the city, said they would be prepared to strike for longer if necessary.\u003c/p>\n\u003cp>“Should we have to talk about a further strike afterwards, we’re willing to do so,” said Tucker, but he believes three days should be enough for the unions to show officials how serious they are about their demands.\u003c/p>\n\u003ch2>\u003ca id=\"services\">\u003c/a>How could the strike affect city services?\u003c/h2>\n\u003cp>With workers potentially walking off the job in so many departments, both union and city officials expect disruptions to take place.\u003c/p>\n\u003cp>Tucker predicted the suspension of \u003ca href=\"https://www.sanjoseca.gov/your-government/departments-offices/parks-recreation-neighborhood-services/programs-activities/recreation-camps\">city-run summer recreation programs for kids\u003c/a>, delays in permit applications for building and renovations and flight delays at San José International Airport as workers hit the picket lines.\u003c/p>\n\u003cp>“We have operations specialists who really kind of handle a lot of the day to day operations of the airport, from perimeter security to [responding to] issues at different gates,” Tucker added.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>San José’s deputy city manager Kip Harkness says it is impossible to predict the strike’s impact with full certainty without knowing how many workers will follow through.\u003c/p>\n\u003cp>“It all depends on who will show up, but we’d look to libraries and community centers as ones that might be affected,” he said.\u003c/p>\n\u003cp>Harkness added that each of the city departments that could be affected by a work stoppage has a contingency plan to continue services, either with existing employees or contractors.\u003c/p>\n\u003ch2>Would my garbage and recycling still be collected?\u003c/h2>\n\u003cp>Yes. The city has existing agreements with four contractors who collect garbage, recycling and yard trimmings from businesses, homes and apartments in the city. Those agreements all run through 2036 and the collections are not affected by a MEF-AFSCME/IFPTE strike.\u003c/p>\n\u003ch2>What about emergency services like fire and police?\u003c/h2>\n\u003cp>Emergency services such as police and fire will not be affected by the strike. In California, police officers and firefighters are prohibited from striking, and the unions representing police and fire in San José have existing contracts with the city. However, MEF-AFSCME does represent public safety dispatchers; but Tucker acknowledged that those workers are likely to be deemed “essential” and excluded from any work stoppage.\u003c/p>\n\u003ch2>Which workers are negotiating a new contract?\u003c/h2>\n\u003cp>Workers with four bargaining units have been in negotiations with the city. The largest is Municipal Employees’ Federation (MEF)-AFSCME Local 101, which represents thousands of employees, including librarians, city planners and code inspectors.\u003c/p>\n\u003cp>Three other bargaining units, representing workers such as architects, building maintenance supervisors, park managers and wastewater operators, are negotiating under their umbrella union, the International Federation of Professional and Technical Engineers Local 21.\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#tellus\">Tell us: What else do you need information about right now?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003ch2>What are the latest proposals from each side?\u003c/h2>\n\u003cp>The unions’ latest offer asks for a 7% pay hike in the fiscal year that began on July 1, with raises of 6% in fiscal year 2024–25 and 5% for 2025–26.\u003c/p>\n\u003cp>Workers are also pushing for increased paid family leave and other benefits. They say their demands are needed in order to reverse what they call a staffing and retention crisis at the city. City officials point out that the vacancy rate is similar to cities such as Oakland and Fremont — and that it has remained around 12% for the last half-decade despite a growing workforce.\u003c/p>\n\u003cp>The city’s last offer would provide wage increases of 5% in the current fiscal year, with increases of 4% and 3% in the following years.\u003c/p>\n\u003ch2>What are both sides saying about the impasse?\u003c/h2>\n\u003cp>City employees interviewed by KQED complain that their teams are chronically understaffed, resulting in unrealistic workloads and burnout. They say the city has turned into a launching pad for employees to build their skills before moving on to neighboring local governments that offer higher wages and better benefits.\u003c/p>\n\u003cp>“I’m looking forward to voting for a strike because things have not been getting better within the city,” said Michael Jun, who works on residential development in the city’s housing department. “It’s really [that] we’ve been asked to do more with less for a long time now, so this is a real last resort.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But the city manager’s office, which is conducting the negotiations with direction from the City Council, argues higher wage increases and corresponding pension contributions will outstretch the city’s financial resources.\u003c/p>\n\u003cp>“We need to come to an agreement that’s fair for the workers, but that we can also afford as a city and as taxpayers,” said Harkness, the deputy city manager.\u003c/p>\n\u003cp>San José has not seen a strike by city employees since 2007, when fewer than a hundred city inspectors walked off the job for nearly two weeks.\u003c/p>\n\u003cp>A much larger action by AFSCME Local 101 took place in the summer of 1981, when hundreds of San José workers went on strike for nine days to push for equal pay for female employees who did comparable jobs to their male colleagues. \u003ca href=\"https://www.nytimes.com/1981/07/06/us/san-jose-employees-strike-over-equal-pay-for-women.html\">It was the first municipal strike over equal pay in U.S. history.\u003c/a>\u003c/p>\n\u003cp>While the work stoppage struggled to compete for local headlines \u003ca href=\"https://www.youtube.com/watch?v=EK-xtG75l2M\">with the MedFly outbreak in the Santa Clara Valley,\u003c/a> it drew national attention — Mayor Janet Gray Hayes and union leaders even flew to New York to discuss the impasse on “Good Morning America.”\u003c/p>\n\u003cp>In \u003cem>The\u003c/em> \u003cem>Mercury News\u003c/em>, the late Phil Trounstine described a tense standoff, “marked by angry confrontations between workers and the city council and by the threatened firing of 400 employees.” On July 15, 1981, the strike came to an end, with the city and union agreeing to a compromise that set aside $1.4 million over two years to increase pay for positions historically held by female employees.\u003c/p>\n\u003cp>\u003ca id=\"correction\">\u003c/a>\u003cem>CORRECTION – Aug. 2: An earlier version of this story stated leadership of the unions involved in negotiations would tally the strike vote on Aug. 7. This story has been corrected to reflect that the strike vote tally will be completed by Aug. 7 and union leadership will announce the results on that date.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>U.S. Sen. \u003ca href=\"https://www.kqed.org/news/tag/dianne-feinstein\">Dianne Feinstein\u003c/a>, the oldest member of Congress, fell in her home and went to a hospital for a short time, her office said on Wednesday.\u003c/p>\n\u003cp>The 90-year-old California Democrat, who has faced mounting concerns about her health and her ability to perform the duties of a senator, “briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home,” her office said in a statement.\u003c/p>\n\u003cp>All of her scans were clear, and she returned home later Tuesday, said her spokesperson Adam Russell, who provided no further details.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco hospital visit comes after Feinstein missed months of work in Washington earlier this year when she was hospitalized for the shingles virus and its side effects. Since her return to work in May, she has traveled the Capitol halls in a wheelchair and has often appeared confused and disoriented.\u003c/p>\n\u003cp>Feinstein has defended her ability to perform her job, though her office said in May that she was still experiencing vision and balance impairments from the shingles virus.\u003c/p>\n\u003cp>Feinstein, who took office in 1992, announced earlier this year that she would not seek reelection in 2024. Several Democrats have already entered the race to replace her.[aside postID=news_11947049 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/04/gettyimages-1466083175_wide-597455cdb228dd4504539e7afc14537f6cbe971a-1020x574.jpg']During her hospitalization in the spring, some progressive House Democrats publicly called on her to resign, saying her absence had grounded the push to confirm President Joe Biden’s judicial nominees. However, leading Democrats, including Biden and Senate Majority Leader Chuck Schumer of New York, publicly stood beside her.\u003c/p>\n\u003cp>Nonetheless, Feinstein’s retirement plans have sparked a competitive Democratic contest to replace her, led by a trio of House lawmakers, U.S. Reps. Barbara Lee, Katie Porter and Adam Schiff.\u003c/p>\n\u003cp>If Feinstein resigns before the 2024 election, Democratic Gov. Gavin Newsom would name her replacement, potentially reordering the race to succeed her. The governor said in 2021 that he would nominate a Black woman to fill the seat if Feinstein, who’s white, were to step aside.\u003c/p>\n\u003cp>Lee is Black, and becoming the incumbent could be a decisive advantage in the contest, but it’s unknown if Newsom would consider Lee, given that she is already running for the seat. Porter and Schiff are white.[aside label='More on California Politics' tag='california-politics']Feinstein has had a storied political career that broke gender barriers as she rose from San Francisco’s City Hall to leadership posts in the U.S. Senate. She played key roles in political battles over issues including reproductive rights and environmental protection, gaining a reputation as a pragmatic centrist.\u003c/p>\n\u003cp>In recent years, however, she has taken a step back from senior roles at the Capitol. She relinquished the top Democratic spot on the Judiciary Committee in 2020 amid criticism from liberals on how she handled the confirmation of Justice Amy Coney Barrett. And earlier this year, she declined to serve as the Senate president pro tempore, the most senior member of the majority party who daily opens the Senate chamber, even though she was in line to do so.\u003c/p>\n\u003cp>Feinstein had also requested to be replaced on the Senate Judiciary panel during her 10-week hospital stay earlier this year, but Republicans declined to allow the replacement. Even after she returned, concerns continued that she would not be able to make it for every crucial vote.\u003c/p>\n\u003cp>The Senate is expected to resume work in Washington in early September.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco hospital visit comes after Feinstein missed months of work in Washington earlier this year when she was hospitalized for the shingles virus and its side effects. Since her return to work in May, she has traveled the Capitol halls in a wheelchair and has often appeared confused and disoriented.\u003c/p>\n\u003cp>Feinstein has defended her ability to perform her job, though her office said in May that she was still experiencing vision and balance impairments from the shingles virus.\u003c/p>\n\u003cp>Feinstein, who took office in 1992, announced earlier this year that she would not seek reelection in 2024. Several Democrats have already entered the race to replace her.\u003c/p>\u003c/div>",
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"content": "\u003cp>Thousands of San José city employees voted to strike next week, union leaders announced Monday, moving the city closer to a \u003ca href=\"https://www.kqed.org/news/11957086/san-jose-city-workers-strike-what-residents-can-expect-if-municipal-employees-walk-out\">historic work stoppage over municipal employee pay\u003c/a>.\u003c/p>\n\u003cp>In an overwhelming vote, workers in four bargaining units represented by unions MEF-AFSCME Local 101 and IFPTE Local 21 authorized a three-day strike beginning Aug. 15. The move ratchets up the pressure on union leaders and the City Council to avoid a work stoppage that could limit service at libraries, community centers and even San José Mineta International Airport.\u003c/p>\n\u003cp>“Striking is a last resort,” said Kyle Wong, a transportation specialist. “Our hope is that city councilmembers and Mayor Mahan will finally listen to us and address the understaffing crises impacting libraries, the airport, affordable housing, response times and more.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mayor Matt Mahan and officials in the City Manager’s office, which leads negotiations with employee unions, counter that San José’s vacancy rate is in line with cities like Oakland and Fremont — and that the city can’t afford the wage increases that workers demand.\u003c/p>\n\u003cp>The latest public ask from the bargaining units, which represent roughly 4,500 employees, amounts to a 7% wage increase in the current fiscal year and raises of 6% and 5% in the following two years. The city offered a 5% pay bump, followed by 4% and 3% increases.[pullquote size=\"medium\" align=\"right\" citation=\"Kyle Wong, transportation specialist, San José\"]‘Our hope is that city councilmembers and Mayor Mahan will finally listen to us and address the understaffing crises impacting libraries, the airport, affordable housing, response times and more.’[/pullquote]David Nerhood, a financial analyst with the Department of Transportation, said colleagues can often find better pay in neighboring cities for jobs with the same or lighter workload.\u003c/p>\n\u003cp>“San José has become what we call a training ground,” Nerhood said. “What inevitably happens is we train people in doing whatever they’re doing for this particular city, and it’s great training … it’s complicated work and we’re not getting benefits or pay commensurate with these other positions.”\u003c/p>\n\u003cp>Last week, the City Council returned from summer recess earlier than expected to hear an update on the negotiations from City Manager Jennifer Maguire, who has led bargaining with the unions.\u003c/p>\n\u003cp>Mahan said San José is constrained by its tax base, which is smaller on a per-capita basis than most neighboring cities. A 7% wage increase in the current fiscal year would require changes to the budget passed by the council in June, Mahan told KQED.\u003c/p>\n\u003cp>“If any of my colleagues want to go higher than a 5% raise in this fiscal year, they’re going to have to point in the budget to what they want to cut,” Mahan said.\u003c/p>\n\u003cp>The mayor left the door open to one-time bonuses or higher raises for union members tied to the city’s revenue in 2024–25 and 2025–26.\u003c/p>\n\u003cp>“In years two and three, if our revenue comes in higher than expected, I think it would be appropriate for us to have a modest increase that’s automatically triggered if there’s more money,” Mahan said.\u003c/p>\n\u003cp>On Tuesday, the council could authorize the city manager to increase or amend the city’s offer. Attorneys working for the city estimate that the cost of a 1% wage increase to the four bargaining units is $3.56 million. [aside label='More on San José' tag='san-jose'] “It’s my hope that the offer does increase,” said Councilmember Peter Ortiz. “It’s my hope that we are able to provide staff members here at the city of San José a wage increase and a contract that honors their commitment to the residents.”\u003c/p>\n\u003cp>If no agreement is reached, the unions have scheduled the strike to begin on Tuesday, Aug. 15 at 6 a.m. and last until Friday, Aug. 18 at 5:59 a.m., with picket lines planned for City Hall, the airport and Dr. Martin Luther King, Jr. Library.\u003c/p>\n\u003cp>The work stoppage would be the city’s largest since 1981 when AFSCME workers hit the picket lines for nine days to advocate for equal pay for women workers.\u003c/p>\n\u003cp>Union leaders say striking workers could result in flight delays, building permit holdups and the cancellation of city summer camps for kids.\u003c/p>\n\u003cp>The City Manager’s office has acknowledged that service interruptions could be felt at libraries and community centers, but cautioned that the strike impact would depend on the number of workers participating.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Thousands of San José city employees voted to strike next week, union leaders announced Monday, moving the city closer to a \u003ca href=\"https://www.kqed.org/news/11957086/san-jose-city-workers-strike-what-residents-can-expect-if-municipal-employees-walk-out\">historic work stoppage over municipal employee pay\u003c/a>.\u003c/p>\n\u003cp>In an overwhelming vote, workers in four bargaining units represented by unions MEF-AFSCME Local 101 and IFPTE Local 21 authorized a three-day strike beginning Aug. 15. The move ratchets up the pressure on union leaders and the City Council to avoid a work stoppage that could limit service at libraries, community centers and even San José Mineta International Airport.\u003c/p>\n\u003cp>“Striking is a last resort,” said Kyle Wong, a transportation specialist. “Our hope is that city councilmembers and Mayor Mahan will finally listen to us and address the understaffing crises impacting libraries, the airport, affordable housing, response times and more.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mayor Matt Mahan and officials in the City Manager’s office, which leads negotiations with employee unions, counter that San José’s vacancy rate is in line with cities like Oakland and Fremont — and that the city can’t afford the wage increases that workers demand.\u003c/p>\n\u003cp>The latest public ask from the bargaining units, which represent roughly 4,500 employees, amounts to a 7% wage increase in the current fiscal year and raises of 6% and 5% in the following two years. The city offered a 5% pay bump, followed by 4% and 3% increases.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>David Nerhood, a financial analyst with the Department of Transportation, said colleagues can often find better pay in neighboring cities for jobs with the same or lighter workload.\u003c/p>\n\u003cp>“San José has become what we call a training ground,” Nerhood said. “What inevitably happens is we train people in doing whatever they’re doing for this particular city, and it’s great training … it’s complicated work and we’re not getting benefits or pay commensurate with these other positions.”\u003c/p>\n\u003cp>Last week, the City Council returned from summer recess earlier than expected to hear an update on the negotiations from City Manager Jennifer Maguire, who has led bargaining with the unions.\u003c/p>\n\u003cp>Mahan said San José is constrained by its tax base, which is smaller on a per-capita basis than most neighboring cities. A 7% wage increase in the current fiscal year would require changes to the budget passed by the council in June, Mahan told KQED.\u003c/p>\n\u003cp>“If any of my colleagues want to go higher than a 5% raise in this fiscal year, they’re going to have to point in the budget to what they want to cut,” Mahan said.\u003c/p>\n\u003cp>The mayor left the door open to one-time bonuses or higher raises for union members tied to the city’s revenue in 2024–25 and 2025–26.\u003c/p>\n\u003cp>“In years two and three, if our revenue comes in higher than expected, I think it would be appropriate for us to have a modest increase that’s automatically triggered if there’s more money,” Mahan said.\u003c/p>\n\u003cp>On Tuesday, the council could authorize the city manager to increase or amend the city’s offer. Attorneys working for the city estimate that the cost of a 1% wage increase to the four bargaining units is $3.56 million. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp> “It’s my hope that the offer does increase,” said Councilmember Peter Ortiz. “It’s my hope that we are able to provide staff members here at the city of San José a wage increase and a contract that honors their commitment to the residents.”\u003c/p>\n\u003cp>If no agreement is reached, the unions have scheduled the strike to begin on Tuesday, Aug. 15 at 6 a.m. and last until Friday, Aug. 18 at 5:59 a.m., with picket lines planned for City Hall, the airport and Dr. Martin Luther King, Jr. Library.\u003c/p>\n\u003cp>The work stoppage would be the city’s largest since 1981 when AFSCME workers hit the picket lines for nine days to advocate for equal pay for women workers.\u003c/p>\n\u003cp>Union leaders say striking workers could result in flight delays, building permit holdups and the cancellation of city summer camps for kids.\u003c/p>\n\u003cp>The City Manager’s office has acknowledged that service interruptions could be felt at libraries and community centers, but cautioned that the strike impact would depend on the number of workers participating.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "'Justice Must Be Served': Trump Indicted in Push to Overturn 2020 Election",
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"content": "\u003cp>For Rep. Zoe Lofgren, news of Donald Trump’s indictment served as a major vindication of her years-long efforts to hold the former president accountable.\u003c/p>\n\u003cp>“I do think that the indictment pretty closely tracks the evidence that the Jan. 6 Committee uncovered, and I feel a level of appreciation that our hard work was of value,” the San Mateo Democrat told KQED Tuesday, shortly after Trump was indicted on felony charges for working \u003ca href=\"https://apnews.com/article/jan-6-hearings-trump-capitol-10351fe6d555eaee7554379ceed8bb24\">to overturn the results\u003c/a> of the 2020 presidential election.\u003c/p>\n\u003cp>Lofgren, a member of the House select committee investigating the Jan. 6, 2021 assault on the U.S. Capitol, underscored the seriousness of the allegations against Trump, and noted this was not an occasion to celebrate.[pullquote size=\"medium\" align=\"right\" citation=\"Former Speaker of the House Nancy Pelosi\"]‘The charges alleged in this indictment are very serious, and they must play out through the legal process, peacefully and without any outside interference.’[/pullquote]“At the same time, we can have some satisfaction that the rule of law applies. That it’s not just the foot soldiers that he incited to commit crimes,” she added. “The ex-president was the instigator of this entire plot [and] will be held to account. And I think that’s important for our nation and for the rule of law.”\u003c/p>\n\u003cp>The four-count indictment from the U.S. Justice Department reveals new details about a dark chapter in modern American history, detailing handwritten notes from former Vice President Mike Pence about Trump’s relentless goading as well as how Trump sought to exploit the violence of the Jan. 6, 2021 riot to remain in office.\u003c/p>\n\u003cp>Even in a year of rapid-succession legal reckonings for Trump, Tuesday’s criminal case, with charges including conspiring to defraud the United States government that he once led, was especially stunning in its allegations that a former president assaulted the underpinnings of democracy in a frantic but ultimately failed effort to cling to power.\u003c/p>\n\u003cp>It accuses him of repeatedly lying about the election results, turning aside repeated overtures from some aides to tell the truth but conspiring with others to try to improperly change vote totals in his favor. It says that on the day of the Jan. 6, 2021 riot, he attempted to “exploit” the chaos by pushing to delay the certification of the election results even after the building was cleared of violent protesters.\u003c/p>\n\u003cp>Trump’s claims of having won the election, said the indictment, were “false, and the Defendant knew they were false. But the defendant repeated and widely disseminated them anyway — to make his knowingly false claims appear legitimate, to create an intense national atmosphere of mistrust and anger, and to erode public faith in the administration of the election.”\u003c/p>\n\u003cp>Federal prosecutors say Donald Trump was “determined to remain in power” in conspiracies that targeted a “bedrock function of the United States federal government: the nation’s process of collecting, counting and certifying the results of the presidential election.”\u003c/p>\n\u003cp>The indictment, the third criminal case brought against the former president as he seeks to reclaim the White House in 2024, follows a \u003ca href=\"https://apnews.com/article/trump-jan-6-justice-department-charges-ab1ad197e9abcb3eb9095237b98bee7d\">long-running federal investigation\u003c/a> into schemes by Trump and his allies to subvert the peaceful transfer of power and keep him in office despite a decisive loss to Joe Biden.[aside label='More Stories on the 2020 Presidential Election' tag='2020-presidential-election']The mounting criminal cases against Trump — not to mention multiple civil cases — are unfolding in the heat of the 2024 race. A conviction in this case, or any other, would not prevent Trump from pursuing the White House or serving as president.\u003c/p>\n\u003cp>In New York, \u003ca href=\"https://apnews.com/article/trump-indictment-new-york-florida-hush-money-election-764309dce49f81a50bf9f610ffd5ceb6\">state prosecutors have charged Trump\u003c/a> with falsifying business records about a hush money payoff to a porn actor before the 2016 election. The trial begins in late March.\u003c/p>\n\u003cp>In Florida, the Justice Department has brought more than three dozen \u003ca href=\"https://apnews.com/article/trump-justice-department-indictment-classified-documents-miami-8315a5b23c18f27083ed64eef21efff3\">felony counts against Trump\u003c/a> accusing him of illegally possessing classified documents after leaving the White House and concealing them from the government. The trial begins in late May.\u003c/p>\n\u003cp>The latest federal indictment against Trump focuses heavily on actions taken in Washington, and the trial will be held there, in a courthouse located between the White House he once occupied and the Capitol his supporters once stormed. No trial date has been set.[pullquote size=\"medium\" align=\"right\" citation=\"Rep. Zoe Lofgren (D-San Mateo)\"]‘I don’t feel joyful today. This is a sad day that the next president would have committed such terrible things that the Department of Justice had to bring an indictment.’[/pullquote]Prosecutors in Georgia are investigating efforts by Trump and his allies to reverse his election loss to Biden there in 2020. The district attorney of Fulton County is expected to announce a decision on whether to indict the former president in early August.\u003c/p>\n\u003cp>The investigation of Trump’s efforts to overturn the 2020 election was led by Justice Department \u003ca href=\"https://apnews.com/article/jack-smith-special-counsel-prosecutor-donald-trump-garland-e1fdb71cfc258bc2be48a8b890a9269b\">special counsel Jack Smith\u003c/a>. His team of prosecutors has questioned senior Trump administration officials before a grand jury in Washington, \u003ca href=\"https://apnews.com/article/pence-trump-grand-jury-2020-jan-6-9dac6db37ab8923ff1b0f09f3a9a32c8\">including Pence\u003c/a> and \u003ca href=\"https://apnews.com/article/capitol-siege-biden-presidential-elections-election-2020-pat-cipollone-12a8357dfec8bc9a245e5e310638aedc\">top lawyers from the Trump White House\u003c/a>.\u003c/p>\n\u003cp>Rudy Giuliani, a Trump lawyer who pursued post-election legal challenges, \u003ca href=\"https://apnews.com/article/trump-giuliani-jan-6-justice-department-324e9537d58c0248806739d43b198d91\">spoke voluntarily to prosecutors\u003c/a> as part of a proffer agreement, in which a person’s statements can’t be used against them in any future criminal case that is brought.\u003c/p>\n\u003cp>Prosecutors also interviewed election officials in Georgia, Wisconsin, Michigan and elsewhere who came under pressure from Trump and his associates to change voting results in states won by Biden, a Democrat.\u003c/p>\n\u003cp>Focal points of the Justice Department’s election meddling investigation included the role played by some of Trump’s lawyers, post-election fundraising, \u003ca href=\"https://apnews.com/article/capitol-siege-panel-july-12-hearing-live-updates-78d2471f3788a82290f04d02b2b50520\">a chaotic December 2020\u003c/a> meeting at the White House in which some Trump aides discussed the possibility of seizing voting machines and the enlistment of fake electors to \u003ca href=\"https://apnews.com/article/capitol-siege-joe-biden-presidential-elections-election-2020-electoral-college-311f88768b65f7196f52a4757dc162e4\">submit certificates to the National Archives\u003c/a> and Congress falsely asserting that Trump, not Biden, had won their states’ votes.\u003c/p>\n\u003cp>Reaction among a contingent of Bay Area Democratic leaders was swift and unequivocal. Rep. Barbara Lee (D-Oakland) took to social media to express her strong support for the indictment, stressing that the new charges against Trump “should just be the start.”\u003c/p>\n\u003cp>“Trump’s 2020 election interference — culminating in January 6th — was the closest any US president has come to disrupting the peaceful transfer of power and ending over two centuries of democracy,” Lee wrote in a tweet. “Justice must be served.”\u003c/p>\n\u003cp>https://twitter.com/RepBarbaraLee/status/1686511359163314176\u003c/p>\n\u003cp>In a statement on Tuesday afternoon, former House Speaker Nancy Pelosi said that as this case proceeds through the courts, justice must be done according to the facts and the law.\u003c/p>\n\u003cp>“The charges alleged in this indictment are very serious, and they must play out through the legal process, peacefully and without any outside interference,” Pelosi said. “Like every criminal defendant, the former President is innocent until proven guilty. Our Founders made clear that, in the United States of America, no one is above the law — not even the former President of the United States.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But John Dennis, chairman of the San Francisco Republican Party, said he reacted to the news with “profound sadness.”\u003c/p>\n\u003cp>“It feels like the legal system and specifically the DOJ have been weaponized against a sitting president,” Dennis said. “That’s something the Democrats decried when Trump was looking into Hunter and Joe Biden in Ukraine, but now they say you shouldn’t go after political opponents in the legal system and they are doing the same thing.”\u003c/p>\n\u003cp>None of his Republican colleagues “even talks about [Trump’s indictment] at this point,” he added. “Nobody takes any of the charges seriously.”\u003c/p>\n\u003cp>Trump has been trying to use the mounting legal troubles to his political advantage, claiming without evidence on social media and at public events that the cases are being driven by Democratic prosecutors out to hurt his 2024 election campaign.\u003c/p>\n\u003cp>The indictments have helped his campaign raise millions of dollars from supporters, though he raised less after the second than the first, raising questions about whether subsequent charges will have the same impact.\u003c/p>\n\u003cp>A fundraising committee backing Trump’s candidacy began soliciting contributions just hours after the ex-president revealed he was the focus of the Justice Department’s Jan. 6 investigation, casting it as “just another vicious act of Election Interference on behalf of the Deep State to try and stop the Silent Majority from having a voice in your own country.”[pullquote size=\"medium\" align=\"right\" citation=\"Rep. Adam Schiff (D-Burbank)\"]‘This is a necessary part of our democracy. We’re going to have to go through this as a country. It’ll be yet another test of the strength of our institutions.’[/pullquote]Attorney General Merrick Garland last year appointed Smith, an international war crimes prosecutor who also led the Justice Department’s public corruption section, as special counsel to investigate efforts to undo the 2020 election and Trump’s retention of hundreds of classified documents at his Palm Beach, Florida home, Mar-a-Lago. Although Trump has derided him as “deranged” and suggested that he is politically motivated, Smith’s past experience includes overseeing significant prosecutions against high-profile Democrats.\u003c/p>\n\u003cp>The Justice Department’s investigation into the efforts to overturn the 2020 election began well before Smith’s appointment, proceeding alongside separate criminal probes into the Jan. 6 rioters themselves.\u003c/p>\n\u003cp>More than 1,000 people have been charged in connection with the insurrection, including some with seditious conspiracy.\u003c/p>\n\u003cp>Rep. Adam Schiff (D-Burbank), also a member of the House select committee investigating the Jan. 6 attack, told KQED that Tuesday’s indictment closely tracked with his committees’s work, and the evidence that emerged in hearings and in its final report.\u003c/p>\n\u003cp>“The work had a huge influence on the actions of the Justice Department,” he said. “And it may very well be the Justice Department may not have reached this point of indicting the former president in the absence of our committee’s work.”\u003c/p>\n\u003cp>Schiff went on to stress the momentousness of the indictment, and the risks it poses to an already extremely politically polarized nation.\u003c/p>\n\u003cp>“I think the only thing worse, more dangerous than charging a candidate for president or former president is not charging them when they’ve committed a crime,” he said. “And so this is a necessary part of our democracy. We’re going to have to go through this as a country. It’ll be yet another test of the strength of our institutions.\u003c/p>\n\u003cp>\u003ci>This story includes reporting from KQED’s Steph Rodriguez, Natalia Navarro, Matthew Green and Sydney Johnson.\u003c/i>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For Rep. Zoe Lofgren, news of Donald Trump’s indictment served as a major vindication of her years-long efforts to hold the former president accountable.\u003c/p>\n\u003cp>“I do think that the indictment pretty closely tracks the evidence that the Jan. 6 Committee uncovered, and I feel a level of appreciation that our hard work was of value,” the San Mateo Democrat told KQED Tuesday, shortly after Trump was indicted on felony charges for working \u003ca href=\"https://apnews.com/article/jan-6-hearings-trump-capitol-10351fe6d555eaee7554379ceed8bb24\">to overturn the results\u003c/a> of the 2020 presidential election.\u003c/p>\n\u003cp>Lofgren, a member of the House select committee investigating the Jan. 6, 2021 assault on the U.S. Capitol, underscored the seriousness of the allegations against Trump, and noted this was not an occasion to celebrate.\u003c/p>\u003c/div>",
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"content": "‘The charges alleged in this indictment are very serious, and they must play out through the legal process, peacefully and without any outside interference.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“At the same time, we can have some satisfaction that the rule of law applies. That it’s not just the foot soldiers that he incited to commit crimes,” she added. “The ex-president was the instigator of this entire plot [and] will be held to account. And I think that’s important for our nation and for the rule of law.”\u003c/p>\n\u003cp>The four-count indictment from the U.S. Justice Department reveals new details about a dark chapter in modern American history, detailing handwritten notes from former Vice President Mike Pence about Trump’s relentless goading as well as how Trump sought to exploit the violence of the Jan. 6, 2021 riot to remain in office.\u003c/p>\n\u003cp>Even in a year of rapid-succession legal reckonings for Trump, Tuesday’s criminal case, with charges including conspiring to defraud the United States government that he once led, was especially stunning in its allegations that a former president assaulted the underpinnings of democracy in a frantic but ultimately failed effort to cling to power.\u003c/p>\n\u003cp>It accuses him of repeatedly lying about the election results, turning aside repeated overtures from some aides to tell the truth but conspiring with others to try to improperly change vote totals in his favor. It says that on the day of the Jan. 6, 2021 riot, he attempted to “exploit” the chaos by pushing to delay the certification of the election results even after the building was cleared of violent protesters.\u003c/p>\n\u003cp>Trump’s claims of having won the election, said the indictment, were “false, and the Defendant knew they were false. But the defendant repeated and widely disseminated them anyway — to make his knowingly false claims appear legitimate, to create an intense national atmosphere of mistrust and anger, and to erode public faith in the administration of the election.”\u003c/p>\n\u003cp>Federal prosecutors say Donald Trump was “determined to remain in power” in conspiracies that targeted a “bedrock function of the United States federal government: the nation’s process of collecting, counting and certifying the results of the presidential election.”\u003c/p>\n\u003cp>The indictment, the third criminal case brought against the former president as he seeks to reclaim the White House in 2024, follows a \u003ca href=\"https://apnews.com/article/trump-jan-6-justice-department-charges-ab1ad197e9abcb3eb9095237b98bee7d\">long-running federal investigation\u003c/a> into schemes by Trump and his allies to subvert the peaceful transfer of power and keep him in office despite a decisive loss to Joe Biden.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The mounting criminal cases against Trump — not to mention multiple civil cases — are unfolding in the heat of the 2024 race. A conviction in this case, or any other, would not prevent Trump from pursuing the White House or serving as president.\u003c/p>\n\u003cp>In New York, \u003ca href=\"https://apnews.com/article/trump-indictment-new-york-florida-hush-money-election-764309dce49f81a50bf9f610ffd5ceb6\">state prosecutors have charged Trump\u003c/a> with falsifying business records about a hush money payoff to a porn actor before the 2016 election. The trial begins in late March.\u003c/p>\n\u003cp>In Florida, the Justice Department has brought more than three dozen \u003ca href=\"https://apnews.com/article/trump-justice-department-indictment-classified-documents-miami-8315a5b23c18f27083ed64eef21efff3\">felony counts against Trump\u003c/a> accusing him of illegally possessing classified documents after leaving the White House and concealing them from the government. The trial begins in late May.\u003c/p>\n\u003cp>The latest federal indictment against Trump focuses heavily on actions taken in Washington, and the trial will be held there, in a courthouse located between the White House he once occupied and the Capitol his supporters once stormed. No trial date has been set.\u003c/p>\u003c/div>",
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"content": "‘I don’t feel joyful today. This is a sad day that the next president would have committed such terrible things that the Department of Justice had to bring an indictment.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Prosecutors in Georgia are investigating efforts by Trump and his allies to reverse his election loss to Biden there in 2020. The district attorney of Fulton County is expected to announce a decision on whether to indict the former president in early August.\u003c/p>\n\u003cp>The investigation of Trump’s efforts to overturn the 2020 election was led by Justice Department \u003ca href=\"https://apnews.com/article/jack-smith-special-counsel-prosecutor-donald-trump-garland-e1fdb71cfc258bc2be48a8b890a9269b\">special counsel Jack Smith\u003c/a>. His team of prosecutors has questioned senior Trump administration officials before a grand jury in Washington, \u003ca href=\"https://apnews.com/article/pence-trump-grand-jury-2020-jan-6-9dac6db37ab8923ff1b0f09f3a9a32c8\">including Pence\u003c/a> and \u003ca href=\"https://apnews.com/article/capitol-siege-biden-presidential-elections-election-2020-pat-cipollone-12a8357dfec8bc9a245e5e310638aedc\">top lawyers from the Trump White House\u003c/a>.\u003c/p>\n\u003cp>Rudy Giuliani, a Trump lawyer who pursued post-election legal challenges, \u003ca href=\"https://apnews.com/article/trump-giuliani-jan-6-justice-department-324e9537d58c0248806739d43b198d91\">spoke voluntarily to prosecutors\u003c/a> as part of a proffer agreement, in which a person’s statements can’t be used against them in any future criminal case that is brought.\u003c/p>\n\u003cp>Prosecutors also interviewed election officials in Georgia, Wisconsin, Michigan and elsewhere who came under pressure from Trump and his associates to change voting results in states won by Biden, a Democrat.\u003c/p>\n\u003cp>Focal points of the Justice Department’s election meddling investigation included the role played by some of Trump’s lawyers, post-election fundraising, \u003ca href=\"https://apnews.com/article/capitol-siege-panel-july-12-hearing-live-updates-78d2471f3788a82290f04d02b2b50520\">a chaotic December 2020\u003c/a> meeting at the White House in which some Trump aides discussed the possibility of seizing voting machines and the enlistment of fake electors to \u003ca href=\"https://apnews.com/article/capitol-siege-joe-biden-presidential-elections-election-2020-electoral-college-311f88768b65f7196f52a4757dc162e4\">submit certificates to the National Archives\u003c/a> and Congress falsely asserting that Trump, not Biden, had won their states’ votes.\u003c/p>\n\u003cp>Reaction among a contingent of Bay Area Democratic leaders was swift and unequivocal. Rep. Barbara Lee (D-Oakland) took to social media to express her strong support for the indictment, stressing that the new charges against Trump “should just be the start.”\u003c/p>\n\u003cp>“Trump’s 2020 election interference — culminating in January 6th — was the closest any US president has come to disrupting the peaceful transfer of power and ending over two centuries of democracy,” Lee wrote in a tweet. “Justice must be served.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>In a statement on Tuesday afternoon, former House Speaker Nancy Pelosi said that as this case proceeds through the courts, justice must be done according to the facts and the law.\u003c/p>\n\u003cp>“The charges alleged in this indictment are very serious, and they must play out through the legal process, peacefully and without any outside interference,” Pelosi said. “Like every criminal defendant, the former President is innocent until proven guilty. Our Founders made clear that, in the United States of America, no one is above the law — not even the former President of the United States.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But John Dennis, chairman of the San Francisco Republican Party, said he reacted to the news with “profound sadness.”\u003c/p>\n\u003cp>“It feels like the legal system and specifically the DOJ have been weaponized against a sitting president,” Dennis said. “That’s something the Democrats decried when Trump was looking into Hunter and Joe Biden in Ukraine, but now they say you shouldn’t go after political opponents in the legal system and they are doing the same thing.”\u003c/p>\n\u003cp>None of his Republican colleagues “even talks about [Trump’s indictment] at this point,” he added. “Nobody takes any of the charges seriously.”\u003c/p>\n\u003cp>Trump has been trying to use the mounting legal troubles to his political advantage, claiming without evidence on social media and at public events that the cases are being driven by Democratic prosecutors out to hurt his 2024 election campaign.\u003c/p>\n\u003cp>The indictments have helped his campaign raise millions of dollars from supporters, though he raised less after the second than the first, raising questions about whether subsequent charges will have the same impact.\u003c/p>\n\u003cp>A fundraising committee backing Trump’s candidacy began soliciting contributions just hours after the ex-president revealed he was the focus of the Justice Department’s Jan. 6 investigation, casting it as “just another vicious act of Election Interference on behalf of the Deep State to try and stop the Silent Majority from having a voice in your own country.”\u003c/p>\u003c/div>",
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"content": "‘This is a necessary part of our democracy. We’re going to have to go through this as a country. It’ll be yet another test of the strength of our institutions.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Attorney General Merrick Garland last year appointed Smith, an international war crimes prosecutor who also led the Justice Department’s public corruption section, as special counsel to investigate efforts to undo the 2020 election and Trump’s retention of hundreds of classified documents at his Palm Beach, Florida home, Mar-a-Lago. Although Trump has derided him as “deranged” and suggested that he is politically motivated, Smith’s past experience includes overseeing significant prosecutions against high-profile Democrats.\u003c/p>\n\u003cp>The Justice Department’s investigation into the efforts to overturn the 2020 election began well before Smith’s appointment, proceeding alongside separate criminal probes into the Jan. 6 rioters themselves.\u003c/p>\n\u003cp>More than 1,000 people have been charged in connection with the insurrection, including some with seditious conspiracy.\u003c/p>\n\u003cp>Rep. Adam Schiff (D-Burbank), also a member of the House select committee investigating the Jan. 6 attack, told KQED that Tuesday’s indictment closely tracked with his committees’s work, and the evidence that emerged in hearings and in its final report.\u003c/p>\n\u003cp>“The work had a huge influence on the actions of the Justice Department,” he said. “And it may very well be the Justice Department may not have reached this point of indicting the former president in the absence of our committee’s work.”\u003c/p>\n\u003cp>Schiff went on to stress the momentousness of the indictment, and the risks it poses to an already extremely politically polarized nation.\u003c/p>\n\u003cp>“I think the only thing worse, more dangerous than charging a candidate for president or former president is not charging them when they’ve committed a crime,” he said. “And so this is a necessary part of our democracy. We’re going to have to go through this as a country. It’ll be yet another test of the strength of our institutions.\u003c/p>\n\u003cp>\u003ci>This story includes reporting from KQED’s Steph Rodriguez, Natalia Navarro, Matthew Green and Sydney Johnson.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "How to Navigate Student Loans & Affirmative Action: What You Need to Know",
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"content": "\u003cp>\u003cem>Read Part One of this story about \u003ca href=\"https://www.kqed.org/news/11955680/explaining-303-creative-decision\">the Supreme Court’s recent ruling on LGBTQ+ discrimination\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>In the last days of June, the Supreme Court struck down affirmative action, opened the door to LGBTQ+ discrimination and outlawed the Biden administration’s plan to forgive student loans. These are monumental rulings that directly affect people of color, queer folks, prospective students and the 43 million Americans who would have had some relief from their student debt — leaving many devastated and fearful for the future.[aside label='More Supreme Court Explainers' tag='explaining-the-supreme-court']\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/tag/explaining-the-supreme-court\">our series on the ramifications of these Supreme Court decisions\u003c/a>, we’re unpacking how they’ll affect you — and what can be done about it. In this explainer, we hear from experts about the Supreme Court’s two decisions that affect students: namely, the court’s rulings against affirmative action, and student loan forgiveness.\u003c/p>\n\u003cp>What do you need to know if you’re a current or prospective student? How will these decisions impact social mobility and diversity — not only in higher education but in the workforce and society more broadly? And how can you empower yourself in the face of these rulings that have proven devastating news for many?\u003c/p>\n\u003cp>Speaking in front of an assembled crowd at Manny’s, a San Francisco community space, was the panel:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Courtney Liss\u003c/strong>, associate at San Francisco law firm Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003cstrong>Cody Harri\u003c/strong>s, partner at Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003cstrong>Matthew Coles\u003c/strong>, professor of practice at UC Law SF (formerly UC Hastings)\u003c/li>\n\u003c/ul>\n\u003ch2>June 29: The Supreme Court strikes down affirmative action in college admissions\u003c/h2>\n\u003cp>In the case \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf\">Students for Fair Admissions, Inc. v. President and Fellows of Harvard College\u003c/a>, the Supreme Court declared that race cannot be a factor in admissions. Colleges and admissions can no longer consider an applicant’s race as one of many factors in deciding who to admit.[aside label='More Stories on Affirmative Action' tag='affirmative-action']\u003c/p>\n\u003cp>The court’s conservative majority effectively overturned cases reaching back 45 years in invalidating admissions plans at Harvard and the University of North Carolina, the nation’s oldest private and public colleges, respectively.\u003c/p>\n\u003cp>In the decision for the court majority, Chief Justice John Roberts said that the nation’s colleges and universities must use colorblind criteria in admissions. Justice Ketanji Brown Jackson, the first-ever Black female justice on the Supreme Court, wrote in her dissent that “with let-them-eat-cake obliviousness,” the court’s majority “pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life.” \u003ca href=\"https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision\">Read more on the affirmative action ruling from NPR.\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>What prospective students need to know about these changes\u003c/strong>\u003c/p>\n\u003cp>“You can technically still, in your main essay, write about diversity,” said San Francisco lawyer Courtney Liss, “as long as you are discussing how it individually strengthens \u003cem>your \u003c/em>application.”\u003c/p>\n\u003cp>Giving the example of her own background, Liss said that she herself could write in her application essay about how “growing up with a mom who’s a refugee, who didn’t know how to navigate social systems, made me want to go to law school.” But then, Liss added, college admissions officers now have to consider, “Did my race impact me personally in being braver?”\u003c/p>\n\u003cp>“They can’t say, ‘Yeah, it’s automatically hard to have parents who don’t speak English.’ Even though it is often very hard,” Liss said.\u003c/p>\n\u003cp>\u003cstrong>Who’s behind this case?\u003c/strong>\u003c/p>\n\u003cp>The affirmative action cases were brought by conservative activist Edward Blum, the founder of Students for Fair Admissions — the group that filed the lawsuits against both schools in 2014. The group’s argument was that the Constitution forbids the use of race in college admissions and called for overturning earlier Supreme Court decisions that said otherwise.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Courtney Liss, lawyer, Keker, Van Nest and Peters\"]‘You can technically still, in your main essay, write about diversity,” said San Francisco lawyer Courtney Liss, “as long as you are discussing how it individually strengthens your application.’[/pullquote]\u003c/p>\n\u003cp>Students for Fair Admissions’ suit claimed that the schools particularly discriminated against Asian American students. Liss noted that as an Asian American who was the first in her family to go to college, she found this case “really tragic” in how she saw the Asian American community being “pitted against or used against, like as a wedge, in the broader community of color in which we are — and should be considered — part.”\u003c/p>\n\u003cp>She also noted the plurality of experiences among Asian Americans, saying, “So many of which are so far removed from this lawsuit” — and how the perception that “Asians are harmed by affirmative action practices” is based on this notion of the community as a monolith.\u003c/p>\n\u003cp>\u003cstrong>How this ruling could impact students and society now\u003c/strong>\u003c/p>\n\u003cp>In June, NPR reported on places where affirmative action has already been eliminated and found that \u003ca href=\"https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision\">there was a severe drop in admissions of people of color\u003c/a> — particularly among Black students.\u003c/p>\n\u003cfigure id=\"attachment_11955729\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955729\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED.jpg\" alt=\"Dozens of people protest holding signs and yelling in each other's faces.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Pro-affirmative action supporters and counterprotesters shout at each outside the Supreme Court in Washington, DC, on June 29, 2023. \u003ccite>(Kent Nishimura / Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>These places include the University of California, which \u003ca href=\"https://edsource.org/2023/university-of-california-looks-to-share-expertise-after-decades-without-affirmative-action/693374\">in 1996, was prohibited from considering race as a factor in admissions\u003c/a> after the state’s voters passed a ballot measure against affirmative action.\u003c/p>\n\u003cp>After the Supreme Court’s decision on June 29, UC President Michael Drake wrote that without being able to consider race in the admissions process, institutions would now have to “work much harder to identify and address the root causes of societal inequities that hinder diverse students in pursuing and achieving a higher education.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Courtney Liss, lawyer, Keker, Van Nest and Peters\"]‘We live in a country where there are so few CEOs of color, and this only strengthens that — and it only strengthens the pipeline for white students, against the interests of students of color.’[/pullquote]\u003c/p>\n\u003cp>Striking down affirmative action, Liss said, will not only hold back individuals, but society more broadly.\u003c/p>\n\u003cp>“When you have fewer students of color in college, you have fewer students of color in med school and fewer students of color who become doctors … already, we live in a country with some of the highest maternal mortality rates, especially for Black mothers,” Liss said.\u003c/p>\n\u003cp>“We live in a country where there are so few CEOs of color, and this only strengthens that — and it only strengthens the pipeline for white students, against the interests of students of color,” she said.\u003c/p>\n\u003ch2>June 30: The Supreme Court strikes down Biden’s student loan forgiveness program\u003c/h2>\n\u003cp>By ruling against the Biden administration in the case \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf\">Biden v. Nebraska\u003c/a>, the Supreme Court effectively \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">killed the White House’s $400 billion plan\u003c/a> to cancel or reduce federal student loan debts for millions of Americans.\u003c/p>\n\u003cp>The 6-3 decision, with conservative justices in the majority, said the Biden administration overstepped its authority with the plan, and it left borrowers on the hook for \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">repayments that are expected to resume in the fall\u003c/a>.\u003c/p>\n\u003cp>Biden’s loan forgiveness plan would have canceled up to $20,000 in federal student loans for 43 million people. Of those, 20 million would have had their remaining student debt erased completely.\u003c/p>\n\u003cp>\u003cstrong>How the student loans case will impact prospective students\u003c/strong>\u003c/p>\n\u003cp>Addressing the practical impact of this decision on student loans, Liss said: “A lot of students like me, and like a lot of other people, won’t go [to college] … or they won’t be able to afford to go.” It was a decision, she said, that would undoubtedly “disproportionately affect people of color and people from other underrepresented backgrounds.”\u003c/p>\n\u003cp>For those students who would still take on massive student loans to be able to go to college, Liss expressed deep concern about how the decision could change “the shape of their lives” on account of the sheer amount of debt they’d undertake.\u003c/p>\n\u003cp>When thinking about the professions that many graduates now wouldn’t feel able to embark upon — “students who might be future doctors or lawyers or legislators” — because they couldn’t afford to, Liss said it was “really f—— sad.”\u003c/p>\n\u003cp>“My education has been not just like a door for me, but a door for my whole family,” Liss said. “And it’s like, just slamming that door shut in people’s faces.”\u003c/p>\n\u003cp>\u003cstrong>What’s the future of student loan forgiveness after this ruling?\u003c/strong>\u003c/p>\n\u003cp>In response to the Supreme Court’s decision, Biden vowed to push ahead with a new plan to provide student loan relief for millions of borrowers, while blaming Republican “hypocrisy” for triggering the decision that wiped out his original plan.\u003c/p>\n\u003cp>If you have student loans,\u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\"> payment requirements for student loans will resume in October\u003c/a>. But Biden said that in the coming weeks, he’ll work under the authority of the Higher Education Act to begin a new program designed to \u003ca href=\"https://apnews.com/article/student-loan-new-proposal-biden-b74e9dd2b535c97a7ce0f43b600fa28b\">ease borrowers’ threat of default\u003c/a> if they fall behind over the next year. \u003ca href=\"https://apnews.com/article/student-loan-new-proposal-biden-b74e9dd2b535c97a7ce0f43b600fa28b\">Read more about the White House’s plans for student debt forgiveness after the Supreme Court ruling\u003c/a>.\u003c/p>\n\u003cp>Biden’s SAVE Plan, framed as “a student loan safety net,” would also allow millions of Americans with student loans to enroll in a new repayment plan that offers some of the most lenient terms ever.\u003c/p>\n\u003cp>Interest won’t pile up as long as borrowers make regular payments. Millions of people will have monthly payments reduced to $0. And in as little as 10 years, any remaining debt will be canceled. The Education Department says the SAVE Plan will be available to all borrowers in the Direct Loan Program who are in good standing on their loans, and that borrowers will be notified when the new application process launches this summer. \u003ca href=\"https://apnews.com/article/student-loans-debt-college-cancellation-forgiveness-34152bb5000128a413efd2287887a37a\">Read more about the SAVE Plan.\u003c/a>\u003c/p>\n\u003cp>In addition, more than 800,000 federal student loan borrowers will still have their student loan debts automatically erased, independent of the Supreme Court’s recent decision — as part of a one-time “account adjustment” for those borrowers specifically impacted by \u003ca href=\"https://www.npr.org/2022/04/19/1093310151/student-loans-income-based-repayment\">the White House’s controversial income-driven repayment (IDR) plans\u003c/a>.\u003c/p>\n\u003cp>This targeted student loan forgiveness is the result of the Biden administration’s 2022 pledge to help these borrowers after multiple complaints, lawsuits and \u003ca href=\"https://www.npr.org/2022/04/01/1089750113/student-loan-debt-investigation\">an NPR investigation into IDR plans\u003c/a> into mismanagement by the department and loan servicers. \u003ca href=\"https://www.npr.org/2023/07/14/1187660793/student-loan-forgiveness-income-driven-repayment\">Read more about student loan forgiveness for these borrowers around IDR plans.\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>Answering more questions about the Supreme Court\u003c/h2>\n\u003cp>\u003cstrong>Why it’s important to engage with Supreme Court rulings — even when the content is painful\u003c/strong>\u003c/p>\n\u003cp>Harris issued a general urge for audiences to read and educate themselves about Supreme Court cases by finding and downloading them online.\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#tellus\">Tell us: What else do you need information about right now?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>“They’re daunting at first,” he acknowledged. “But you get used to them as you read them” — adding that people shouldn’t worry if they want to “skip the boring parts and kind of get to the guts.” Eventually, Harris said, their Supreme Court-reading “muscle” will develop and they’ll “get the feel for what these things are like.”\u003c/p>\n\u003cp>Why \u003cem>should \u003c/em>you read Supreme Court cases for yourself?\u003c/p>\n\u003cp>“If we just leave these issues to people like us — lawyers, professors — that’s you sort of giving away your birthright,” Harris warned. “This is part of the country. This is part of our charter of government. These people — these nine people, these lawyers in robes — are making a lot of decisions that affect all of us very personally — and our country and how it operates.”\u003c/p>\n\u003cp>“It’s incumbent upon all of us as Americans,” Harris urged, “to engage with it — as difficult as it is.”\u003c/p>\n\u003cp>\u003cstrong>Could the Supreme Court be changed?\u003c/strong>\u003c/p>\n\u003cp>With these recent rulings on affirmative action, student loan forgiveness, discrimination against LGBTQ+ people and the constitutional right to an abortion, the Supreme Court’s conservative supermajority has led many to question what’s even possible in terms of reforming the Court.\u003c/p>\n\u003cp>Could there, hypothetically, be another court \u003cem>above \u003c/em>the Supreme Court?\u003c/p>\n\u003cp>“The answer is no,” Harris confirmed. “The Constitution only provides for one court, which is the Supreme Court. It doesn’t say how many justices have to be in it, but it’s just one.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Cody Harris, lawyer, Keker, Van Nest and Peters\"]‘This hasn’t been a steady march towards equality. It’s like a sine wave. It’s gone up and down — and up and down.’[/pullquote]\u003c/p>\n\u003cp>But Harris was nonetheless keen to provide context and perspective for how the Supreme Court’s rulings have, historically, “changed over time” depending on the composition of its justices.\u003c/p>\n\u003cp>“This hasn’t been a steady march towards equality,” he said. “It’s like a sine wave. It’s gone up and down — and up and down.”\u003c/p>\n\u003cp>A key focus of reform advocates has been the term limits of Supreme Court justices. On June 30, California Representative Ro Khanna (D-Fremont) reintroduced the \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">Supreme Court Term Limits and Regular Appointments Act\u003c/a>, specifically prompted by the Supreme Court’s decision that blocked the Biden administration’s plan to forgive student loan debt. Khanna’s bill aims to enact 18-year term limits for the justices and to “stop extreme partisanship” in a court he described as “regressive.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11955326/supreme-court-reform-would-ro-khannas-term-limit-proposal-work\">Read more about how Khanna’s bill would work, and its potential chances of success.\u003c/a>\u003c/p>\n\u003cfigure id=\"attachment_11955722\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955722\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED.jpg\" alt='People hold signs reading \"Cancel Student Debt Now!\" in front of the columned facade of the supreme court.' width=\"2000\" height=\"1302\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-800x521.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-1020x664.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-1536x1000.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-1920x1250.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Student debt relief activists participate in a rally at the US Supreme Court on June 30, 2023, in Washington, DC. \u003ccite>(Kevin Dietsch/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Does the Supreme Court care about public opinion?\u003c/strong>\u003c/p>\n\u003cp>From Dobbs in 2022 to affirmative action last month, the Court’s recent rulings have drawn sharp criticism and spurred many public protests. Does this dissent have an impact on the justices?\u003c/p>\n\u003cp>Perhaps, Harris said — who noted that throughout its history, the Supreme Court has been “very mindful of its legitimacy — and its jealously guards it because it’s all it has.”\u003c/p>\n\u003cp>Unlike \u003ca href=\"https://www.whitehouse.gov/about-the-white-house/our-government/the-executive-branch/\">the executive branch\u003c/a> of the United States government, which includes the military, the Supreme Court “doesn’t have an army to enforce its rules and its rulings,” Harris stressed. So amid the absence of that ability to enforce its rules, “what they have is legitimacy — that when they speak, everyone up to and including the President of the United States and the military [says] ‘OK, the court has spoken.’”\u003c/p>\n\u003cp>If that accord was to ever go away, Harris said, “That’s how you get what’s called a constitutional crisis.”\u003c/p>\n\u003cp>“I think they’re beginning to get sensitive to the notion that there’s wide, ever-growing public belief that some of what they’re doing is not legitimate,” said Matthew Coles of the conservative justices.\u003c/p>\n\u003cp>“It’s really important if you think what they’re doing is not legitimate, to keep voicing that.”\u003c/p>\n\u003cp>\u003cem>This story contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>[hearken id=\"10483\" src=\"https://modules.wearehearken.com/kqed/embed/10483.js\"]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "SCOTUS' monumental rulings directly affect people of color, queer folks, prospective students and 43 million Americans who stood to gain student debt relief.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Read Part One of this story about \u003ca href=\"https://www.kqed.org/news/11955680/explaining-303-creative-decision\">the Supreme Court’s recent ruling on LGBTQ+ discrimination\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>In the last days of June, the Supreme Court struck down affirmative action, opened the door to LGBTQ+ discrimination and outlawed the Biden administration’s plan to forgive student loans. These are monumental rulings that directly affect people of color, queer folks, prospective students and the 43 million Americans who would have had some relief from their student debt — leaving many devastated and fearful for the future.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/tag/explaining-the-supreme-court\">our series on the ramifications of these Supreme Court decisions\u003c/a>, we’re unpacking how they’ll affect you — and what can be done about it. In this explainer, we hear from experts about the Supreme Court’s two decisions that affect students: namely, the court’s rulings against affirmative action, and student loan forgiveness.\u003c/p>\n\u003cp>What do you need to know if you’re a current or prospective student? How will these decisions impact social mobility and diversity — not only in higher education but in the workforce and society more broadly? And how can you empower yourself in the face of these rulings that have proven devastating news for many?\u003c/p>\n\u003cp>Speaking in front of an assembled crowd at Manny’s, a San Francisco community space, was the panel:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Courtney Liss\u003c/strong>, associate at San Francisco law firm Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003cstrong>Cody Harri\u003c/strong>s, partner at Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003cstrong>Matthew Coles\u003c/strong>, professor of practice at UC Law SF (formerly UC Hastings)\u003c/li>\n\u003c/ul>\n\u003ch2>June 29: The Supreme Court strikes down affirmative action in college admissions\u003c/h2>\n\u003cp>In the case \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf\">Students for Fair Admissions, Inc. v. President and Fellows of Harvard College\u003c/a>, the Supreme Court declared that race cannot be a factor in admissions. Colleges and admissions can no longer consider an applicant’s race as one of many factors in deciding who to admit.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The court’s conservative majority effectively overturned cases reaching back 45 years in invalidating admissions plans at Harvard and the University of North Carolina, the nation’s oldest private and public colleges, respectively.\u003c/p>\n\u003cp>In the decision for the court majority, Chief Justice John Roberts said that the nation’s colleges and universities must use colorblind criteria in admissions. Justice Ketanji Brown Jackson, the first-ever Black female justice on the Supreme Court, wrote in her dissent that “with let-them-eat-cake obliviousness,” the court’s majority “pulls the ripcord and announces ‘colorblindness for all’ by legal fiat. But deeming race irrelevant in law does not make it so in life.” \u003ca href=\"https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision\">Read more on the affirmative action ruling from NPR.\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>What prospective students need to know about these changes\u003c/strong>\u003c/p>\n\u003cp>“You can technically still, in your main essay, write about diversity,” said San Francisco lawyer Courtney Liss, “as long as you are discussing how it individually strengthens \u003cem>your \u003c/em>application.”\u003c/p>\n\u003cp>Giving the example of her own background, Liss said that she herself could write in her application essay about how “growing up with a mom who’s a refugee, who didn’t know how to navigate social systems, made me want to go to law school.” But then, Liss added, college admissions officers now have to consider, “Did my race impact me personally in being braver?”\u003c/p>\n\u003cp>“They can’t say, ‘Yeah, it’s automatically hard to have parents who don’t speak English.’ Even though it is often very hard,” Liss said.\u003c/p>\n\u003cp>\u003cstrong>Who’s behind this case?\u003c/strong>\u003c/p>\n\u003cp>The affirmative action cases were brought by conservative activist Edward Blum, the founder of Students for Fair Admissions — the group that filed the lawsuits against both schools in 2014. The group’s argument was that the Constitution forbids the use of race in college admissions and called for overturning earlier Supreme Court decisions that said otherwise.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Students for Fair Admissions’ suit claimed that the schools particularly discriminated against Asian American students. Liss noted that as an Asian American who was the first in her family to go to college, she found this case “really tragic” in how she saw the Asian American community being “pitted against or used against, like as a wedge, in the broader community of color in which we are — and should be considered — part.”\u003c/p>\n\u003cp>She also noted the plurality of experiences among Asian Americans, saying, “So many of which are so far removed from this lawsuit” — and how the perception that “Asians are harmed by affirmative action practices” is based on this notion of the community as a monolith.\u003c/p>\n\u003cp>\u003cstrong>How this ruling could impact students and society now\u003c/strong>\u003c/p>\n\u003cp>In June, NPR reported on places where affirmative action has already been eliminated and found that \u003ca href=\"https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision\">there was a severe drop in admissions of people of color\u003c/a> — particularly among Black students.\u003c/p>\n\u003cfigure id=\"attachment_11955729\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955729\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED.jpg\" alt=\"Dozens of people protest holding signs and yelling in each other's faces.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-AFFIRMATIVE-ACTION-GETTY-IMAGES-KN-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Pro-affirmative action supporters and counterprotesters shout at each outside the Supreme Court in Washington, DC, on June 29, 2023. \u003ccite>(Kent Nishimura / Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>These places include the University of California, which \u003ca href=\"https://edsource.org/2023/university-of-california-looks-to-share-expertise-after-decades-without-affirmative-action/693374\">in 1996, was prohibited from considering race as a factor in admissions\u003c/a> after the state’s voters passed a ballot measure against affirmative action.\u003c/p>\n\u003cp>After the Supreme Court’s decision on June 29, UC President Michael Drake wrote that without being able to consider race in the admissions process, institutions would now have to “work much harder to identify and address the root causes of societal inequities that hinder diverse students in pursuing and achieving a higher education.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We live in a country where there are so few CEOs of color, and this only strengthens that — and it only strengthens the pipeline for white students, against the interests of students of color.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Striking down affirmative action, Liss said, will not only hold back individuals, but society more broadly.\u003c/p>\n\u003cp>“When you have fewer students of color in college, you have fewer students of color in med school and fewer students of color who become doctors … already, we live in a country with some of the highest maternal mortality rates, especially for Black mothers,” Liss said.\u003c/p>\n\u003cp>“We live in a country where there are so few CEOs of color, and this only strengthens that — and it only strengthens the pipeline for white students, against the interests of students of color,” she said.\u003c/p>\n\u003ch2>June 30: The Supreme Court strikes down Biden’s student loan forgiveness program\u003c/h2>\n\u003cp>By ruling against the Biden administration in the case \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf\">Biden v. Nebraska\u003c/a>, the Supreme Court effectively \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">killed the White House’s $400 billion plan\u003c/a> to cancel or reduce federal student loan debts for millions of Americans.\u003c/p>\n\u003cp>The 6-3 decision, with conservative justices in the majority, said the Biden administration overstepped its authority with the plan, and it left borrowers on the hook for \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">repayments that are expected to resume in the fall\u003c/a>.\u003c/p>\n\u003cp>Biden’s loan forgiveness plan would have canceled up to $20,000 in federal student loans for 43 million people. Of those, 20 million would have had their remaining student debt erased completely.\u003c/p>\n\u003cp>\u003cstrong>How the student loans case will impact prospective students\u003c/strong>\u003c/p>\n\u003cp>Addressing the practical impact of this decision on student loans, Liss said: “A lot of students like me, and like a lot of other people, won’t go [to college] … or they won’t be able to afford to go.” It was a decision, she said, that would undoubtedly “disproportionately affect people of color and people from other underrepresented backgrounds.”\u003c/p>\n\u003cp>For those students who would still take on massive student loans to be able to go to college, Liss expressed deep concern about how the decision could change “the shape of their lives” on account of the sheer amount of debt they’d undertake.\u003c/p>\n\u003cp>When thinking about the professions that many graduates now wouldn’t feel able to embark upon — “students who might be future doctors or lawyers or legislators” — because they couldn’t afford to, Liss said it was “really f—— sad.”\u003c/p>\n\u003cp>“My education has been not just like a door for me, but a door for my whole family,” Liss said. “And it’s like, just slamming that door shut in people’s faces.”\u003c/p>\n\u003cp>\u003cstrong>What’s the future of student loan forgiveness after this ruling?\u003c/strong>\u003c/p>\n\u003cp>In response to the Supreme Court’s decision, Biden vowed to push ahead with a new plan to provide student loan relief for millions of borrowers, while blaming Republican “hypocrisy” for triggering the decision that wiped out his original plan.\u003c/p>\n\u003cp>If you have student loans,\u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\"> payment requirements for student loans will resume in October\u003c/a>. But Biden said that in the coming weeks, he’ll work under the authority of the Higher Education Act to begin a new program designed to \u003ca href=\"https://apnews.com/article/student-loan-new-proposal-biden-b74e9dd2b535c97a7ce0f43b600fa28b\">ease borrowers’ threat of default\u003c/a> if they fall behind over the next year. \u003ca href=\"https://apnews.com/article/student-loan-new-proposal-biden-b74e9dd2b535c97a7ce0f43b600fa28b\">Read more about the White House’s plans for student debt forgiveness after the Supreme Court ruling\u003c/a>.\u003c/p>\n\u003cp>Biden’s SAVE Plan, framed as “a student loan safety net,” would also allow millions of Americans with student loans to enroll in a new repayment plan that offers some of the most lenient terms ever.\u003c/p>\n\u003cp>Interest won’t pile up as long as borrowers make regular payments. Millions of people will have monthly payments reduced to $0. And in as little as 10 years, any remaining debt will be canceled. The Education Department says the SAVE Plan will be available to all borrowers in the Direct Loan Program who are in good standing on their loans, and that borrowers will be notified when the new application process launches this summer. \u003ca href=\"https://apnews.com/article/student-loans-debt-college-cancellation-forgiveness-34152bb5000128a413efd2287887a37a\">Read more about the SAVE Plan.\u003c/a>\u003c/p>\n\u003cp>In addition, more than 800,000 federal student loan borrowers will still have their student loan debts automatically erased, independent of the Supreme Court’s recent decision — as part of a one-time “account adjustment” for those borrowers specifically impacted by \u003ca href=\"https://www.npr.org/2022/04/19/1093310151/student-loans-income-based-repayment\">the White House’s controversial income-driven repayment (IDR) plans\u003c/a>.\u003c/p>\n\u003cp>This targeted student loan forgiveness is the result of the Biden administration’s 2022 pledge to help these borrowers after multiple complaints, lawsuits and \u003ca href=\"https://www.npr.org/2022/04/01/1089750113/student-loan-debt-investigation\">an NPR investigation into IDR plans\u003c/a> into mismanagement by the department and loan servicers. \u003ca href=\"https://www.npr.org/2023/07/14/1187660793/student-loan-forgiveness-income-driven-repayment\">Read more about student loan forgiveness for these borrowers around IDR plans.\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>Answering more questions about the Supreme Court\u003c/h2>\n\u003cp>\u003cstrong>Why it’s important to engage with Supreme Court rulings — even when the content is painful\u003c/strong>\u003c/p>\n\u003cp>Harris issued a general urge for audiences to read and educate themselves about Supreme Court cases by finding and downloading them online.\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#tellus\">Tell us: What else do you need information about right now?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>“They’re daunting at first,” he acknowledged. “But you get used to them as you read them” — adding that people shouldn’t worry if they want to “skip the boring parts and kind of get to the guts.” Eventually, Harris said, their Supreme Court-reading “muscle” will develop and they’ll “get the feel for what these things are like.”\u003c/p>\n\u003cp>Why \u003cem>should \u003c/em>you read Supreme Court cases for yourself?\u003c/p>\n\u003cp>“If we just leave these issues to people like us — lawyers, professors — that’s you sort of giving away your birthright,” Harris warned. “This is part of the country. This is part of our charter of government. These people — these nine people, these lawyers in robes — are making a lot of decisions that affect all of us very personally — and our country and how it operates.”\u003c/p>\n\u003cp>“It’s incumbent upon all of us as Americans,” Harris urged, “to engage with it — as difficult as it is.”\u003c/p>\n\u003cp>\u003cstrong>Could the Supreme Court be changed?\u003c/strong>\u003c/p>\n\u003cp>With these recent rulings on affirmative action, student loan forgiveness, discrimination against LGBTQ+ people and the constitutional right to an abortion, the Supreme Court’s conservative supermajority has led many to question what’s even possible in terms of reforming the Court.\u003c/p>\n\u003cp>Could there, hypothetically, be another court \u003cem>above \u003c/em>the Supreme Court?\u003c/p>\n\u003cp>“The answer is no,” Harris confirmed. “The Constitution only provides for one court, which is the Supreme Court. It doesn’t say how many justices have to be in it, but it’s just one.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘This hasn’t been a steady march towards equality. It’s like a sine wave. It’s gone up and down — and up and down.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Harris was nonetheless keen to provide context and perspective for how the Supreme Court’s rulings have, historically, “changed over time” depending on the composition of its justices.\u003c/p>\n\u003cp>“This hasn’t been a steady march towards equality,” he said. “It’s like a sine wave. It’s gone up and down — and up and down.”\u003c/p>\n\u003cp>A key focus of reform advocates has been the term limits of Supreme Court justices. On June 30, California Representative Ro Khanna (D-Fremont) reintroduced the \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">Supreme Court Term Limits and Regular Appointments Act\u003c/a>, specifically prompted by the Supreme Court’s decision that blocked the Biden administration’s plan to forgive student loan debt. Khanna’s bill aims to enact 18-year term limits for the justices and to “stop extreme partisanship” in a court he described as “regressive.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11955326/supreme-court-reform-would-ro-khannas-term-limit-proposal-work\">Read more about how Khanna’s bill would work, and its potential chances of success.\u003c/a>\u003c/p>\n\u003cfigure id=\"attachment_11955722\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955722\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED.jpg\" alt='People hold signs reading \"Cancel Student Debt Now!\" in front of the columned facade of the supreme court.' width=\"2000\" height=\"1302\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-800x521.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-1020x664.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-1536x1000.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230714-SUPREME-COURT-STUDENT-DEBT-Getty-KD-KQED-1920x1250.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Student debt relief activists participate in a rally at the US Supreme Court on June 30, 2023, in Washington, DC. \u003ccite>(Kevin Dietsch/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Does the Supreme Court care about public opinion?\u003c/strong>\u003c/p>\n\u003cp>From Dobbs in 2022 to affirmative action last month, the Court’s recent rulings have drawn sharp criticism and spurred many public protests. Does this dissent have an impact on the justices?\u003c/p>\n\u003cp>Perhaps, Harris said — who noted that throughout its history, the Supreme Court has been “very mindful of its legitimacy — and its jealously guards it because it’s all it has.”\u003c/p>\n\u003cp>Unlike \u003ca href=\"https://www.whitehouse.gov/about-the-white-house/our-government/the-executive-branch/\">the executive branch\u003c/a> of the United States government, which includes the military, the Supreme Court “doesn’t have an army to enforce its rules and its rulings,” Harris stressed. So amid the absence of that ability to enforce its rules, “what they have is legitimacy — that when they speak, everyone up to and including the President of the United States and the military [says] ‘OK, the court has spoken.’”\u003c/p>\n\u003cp>If that accord was to ever go away, Harris said, “That’s how you get what’s called a constitutional crisis.”\u003c/p>\n\u003cp>“I think they’re beginning to get sensitive to the notion that there’s wide, ever-growing public belief that some of what they’re doing is not legitimate,” said Matthew Coles of the conservative justices.\u003c/p>\n\u003cp>“It’s really important if you think what they’re doing is not legitimate, to keep voicing that.”\u003c/p>\n\u003cp>\u003cem>This story contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>After months of debate, Oakland’s eviction moratorium expired on Saturday, July 15. The move comes after Alameda County ended its public health emergency and \u003ca href=\"https://www.kqed.org/news/11947933/alameda-countys-eviction-moratorium-ends-saturday-whats-next-for-renters-and-landlords\">its own eviction moratorium back in April\u003c/a>. Oakland had been one of the last remaining cities in the country with this type of protection for tenants, along with San Francisco and Berkeley.\u003c/p>\n\u003cp>In the rest of Alameda County, \u003ca href=\"https://oaklandside.org/2023/05/24/evictions-cases-are-rising-fast-after-end-of-alameda-county-moratorium/\">evictions spiked after the county’s moratorium was lifted, rising to above pre-pandemic highs\u003c/a>. With the majority of Oakland residents renting their homes, and the city \u003ca href=\"https://www.housinginitiative.org/uploads/1/3/2/9/132946414/hip_oakland_market_study_9-29-20_small.pdf\">having a higher percentage of renters compared to the county as a whole (PDF)\u003c/a>, many advocates fear that this change will lead to an even greater wave of evictions.\u003c/p>\n\u003cp>\u003cstrong>Jump straight to:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#impacts\">\u003cstrong>What does the end of Oakland’s eviction moratorium mean for renters?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#evictions\">\u003cstrong>What can Oakland renters be evicted for starting July 15?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#backrent\">\u003cstrong>Do Oakland renters now have to pay back rent?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#advice\">\u003cstrong>Where can Oakland renters find legal advice and resources?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#landlords\">\u003cstrong>What should Oakland landlords know?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch2>Evictions on the horizon\u003c/h2>\n\u003cp>“We’re all terrified to see [the moratorium] sunset,” said Anne Tamiko Omura, executive director of the \u003ca href=\"https://www.evictiondefensecenteroakland.org/\">Eviction Defense Center (EDC)\u003c/a>. “We’ve already seen the effects of the Alameda County moratorium sunsetting and the massive amounts of evictions that are being filed. So we can only imagine what’s waiting for us in Oakland.”\u003c/p>\n\u003cp>In 2019, Tamiko Omura said, there were less than 4,000 evictions — but she expects that after the moratorium lifts, evictions will now surpass that number in less than three months.\u003c/p>\n\u003cp>If you’re a renter, this doesn’t necessarily mean you can be immediately evicted, as various tenant protections still remain in place and some were recently added by the Oakland City Council.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#tellus\">\u003cstrong>Tell us: What else do you need information about right now?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Leah Simon-Weisberg, legal director of the \u003ca href=\"https://www.acceaction.org/renterhelp\">Alliance of Californians for Community Empowerment (ACCE)\u003c/a>, said her organization is “expecting to see a lot of evictions filed.”\u003c/p>\n\u003cp>Simon-Weisberg’s key message? “We’re working really hard to get the message out that you can’t be evicted for the rent that people may have accrued during the pandemic,” she said.\u003c/p>\n\u003cp>So what do you need to know about Oakland’s eviction moratorium expiring? If you’re an Oakland renter — or a landlord in the city — how will the end of the moratorium affect you? Keep reading for details on who can be evicted in Oakland and what renter protections continue to exist after July 15.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch2>\u003ca id=\"impacts\">\u003c/a>What does the end of the moratorium mean for renters?\u003c/h2>\n\u003cp>In March 2020, the Oakland City Council adopted an eviction moratorium in response to the COVID-19 pandemic — which ensured that renters could not be evicted over unpaid rent.\u003c/p>\n\u003cp>In fact, there were actually \u003ca href=\"https://www.oaklandca.gov/services/important-covid-19-information\">three renter protections Oakland put into place in 2020\u003c/a>:\u003c/p>\n\u003cul>\n\u003cli>All evictions were prohibited — unless they were on health or safety grounds, or under a state law that allows landlords to evict tenants if they’re permanently taking their units off the rental market (e.g., moving themselves or a family member into the unit).\u003c/li>\n\u003cli>All late fees for nonpayment of rent were prohibited.\u003c/li>\n\u003cli>All rent increases were prohibited unless they were established inflation adjustments or approved through a petition under \u003ca href=\"https://apps.oaklandca.gov/rappetitions/Petitions.aspx\">Oakland’s Rent Adjustment Program\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003cp>So, what’s changing?\u003c/p>\n\u003cp>Starting July 15, \u003ca href=\"https://www.oaklandca.gov/news/2023/oakland-eviction-moratorium-phase-out\">landlords will be able to evict for nonpayment of rent moving forward\u003c/a>. Landlords will also be able to once again charge late fees.\u003c/p>\n\u003cp>However, \u003cstrong>the moratorium on\u003c/strong> \u003cstrong>rent increases is not ending on July 15\u003c/strong>. That will remain in place until July 1, 2024, one year away. Until that date, all rent increases will remain prohibited.\u003c/p>\n\u003cp>\u003ca href=\"https://www.oaklandca.gov/news/2023/oakland-eviction-moratorium-phase-out\">See the details of what will change for Oakland renters and landlords starting July 1 on the city of Oakland’s website.\u003c/a>\u003c/p>\n\u003ch2>\u003ca id=\"evictions\">\u003c/a>What can Oakland renters now be evicted for, starting July 15?\u003c/h2>\n\u003cp>Starting July 15, landlords in Oakland can now evict renters or terminate tenancies for any just cause, including not paying rent.\u003c/p>\n\u003cp>Because for most tenants rent is due on the first day of the month, this means that most Oakland renters will have to start paying their rent on or after August 1. And if they don’t, their landlord can start eviction proceedings. If you are someone who pays rent on the first of the month, be aware that \u003cstrong>your landlord could technically ask you on July 15 to pay half of your July rent\u003c/strong>.[aside label='More Guides from KQED' tag='audience-news']Oakland landlords can also resume charging their tenants late fees for late rent payments moving forward — but this does not include late payments during the moratorium period. So housing advocates stress that renters should start paying their landlord again as soon as their rent is due.\u003c/p>\n\u003cp>Tenants can also now be evicted for having violated their lease in other ways during the eviction moratorium. To this end, the Oakland City Council did approve a “just cause” ordinance, which says that the landlord must show that the lease violation is based on a reasonable term that the tenant accepted in writing and \u003ca href=\"https://oaklandside.org/2023/06/07/oakland-city-council-eviction-lease/\">it has to be a violation that causes substantial injury to the landlord\u003c/a>.\u003c/p>\n\u003cp>Additionally, city officials told KQED that a landlord cannot proceed with an eviction if the unit in question has not been registered with \u003ca href=\"https://www.oaklandca.gov/resources/rent-registration-in-oakland-information-and-faqs\">the city’s rent registry\u003c/a> — something the city now requires for all rental units covered by rent control or “just cause” protections.\u003c/p>\n\u003cp>\u003ca href=\"#advice\">\u003cstrong>Jump to more resources available to renters in Oakland.\u003c/strong>\u003c/a>\u003c/p>\n\u003ch2>\u003ca id=\"backrent\">\u003c/a>Do Oakland renters have to pay back rent now that the eviction moratorium has expired?\u003c/h2>\n\u003cp>Landlords in Oakland can demand back rent starting July 15, and can take tenants to small claims court. They can also ultimately pursue evictions for the back rent that was missed during the moratorium period.\u003c/p>\n\u003cp>However, this development regarding back rent comes with two big caveats.\u003c/p>\n\u003cp>First, \u003cstrong>tenants cannot be evicted for any back rent owed between March 9, 2020, and July 14, 2021\u003c/strong>, if they can show that the missed payment was due to financial hardship caused by the COVID-19 pandemic.\u003c/p>\n\u003cp>Additionally, \u003cstrong>tenants cannot be evicted for owing less than one month of fair market rent during that period\u003c/strong>.\u003c/p>\n\u003cp>How do you show that your financial hardship or loss \u003cem>was\u003c/em> caused by the pandemic? Alameda County Housing Secure advises that “you should submit \u003ca href=\"https://www.ac-housingsecure.org/ac-eviction-moratorium-guide\">proof of your COVID-related loss of income or increase in expenses to your landlord\u003c/a> in the form of pay stubs, bank statements, a letter from your employer, child care bills or medical bills.”\u003c/p>\n\u003cp>The city of Oakland is also encouraging \u003ca href=\"https://cao-94612.s3.amazonaws.com/documents/Info-Sheet_Tenant-Repayment-Negotiation_EN_10.11.22_FINAL.pdf\">tenants and landlords to enter into repayment negotiations (PDF)\u003c/a>. Legally, repayment plans cannot come with late fees and cannot be conditioned on changes to the lease.[pullquote size='medium' align='right']Tenants cannot be evicted for rent owed between March 9, 2020, and July 14, 2021, as long as they can prove it was due to a COVID-19 related hardship.[/pullquote]Simon-Weisberg, from ACCE, says that many tenants are being pressured by landlords who say they’ll forgive the debt if the tenant agrees to move out. And while that might sound like a good deal for those who may not have the budget to pay back the debt, she argues it’s more stressful to end up with nowhere to live.\u003c/p>\n\u003cp>“I think that people aren’t quite sure what to do with the debt that they owe,” said Simon-Weisberg. “So we really want to encourage folks to hang tight. And I think we’ll be going into a period of trying to really help people figure out what to do about the debt.”\u003c/p>\n\u003cfigure id=\"attachment_11955781\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955781\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-861724936-scaled.jpg\" alt=\"A street in Oakland's Chinatown during the morning. Cars are parked along the street, in front of apartment buildings with shops on the ground level.\" width=\"2560\" height=\"1708\">\u003cfigcaption class=\"wp-caption-text\">The city of Oakland is encouraging tenants who owe back rent to enter into repayment negotiations with their landlords. Legally, repayment plans cannot come with late fees and cannot be conditioned on changes to the lease. \u003ccite>(Nicolo Sertorio/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"advice\">\u003c/a>Resources for Oakland renters\u003c/h2>\n\u003cp>Tamiko Omura, from the EDC, said that her group is advising renters “to do the best they can to pay their rent for the month of July and to contact a legal service provider if they get any paperwork as soon as possible.” Often, if you receive an eviction notice or summons, you have to respond within three days or face losing the opportunity to make your case.\u003c/p>\n\u003cp>During the debate over the eviction moratorium, Oakland City Council members said \u003ca href=\"https://www.oaklandca.gov/resources/housing-resources-erap-emergency-rental-assistance\">the city’s rental assistance program administered $60 million in assistance, but that these funds have not been fully utilized\u003c/a>. However, applications are now closed — though the program is administered through the following local nonprofits, many of which also offer legal assistance:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.bayareacs.org/\">Bay Area Community Services\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.self-sufficiency.org/\">Building Opportunities for Self-Sufficiency\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.cceb.org/\">Catholic Charities East Bay\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/?lang=es\">Centro Legal de la Raza\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://ebaldc.org/\">East Bay Asian Local Development Corporation\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.evictiondefensecenteroakland.org/\">Eviction Defense Center\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://safepassages.org/\">Safe Passages\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>“Oakland has done everything it can to try to get more money. It’s not enough,” said Tamiko Omura. “The state coverage was not enough. The money we have left is not enough.”\u003c/p>\n\u003ch2>Which other Bay Area cities still have their own eviction moratoriums?\u003c/h2>\n\u003cp>These Bay Area cities still have their own, separate eviction moratoriums, which are ongoing:\u003c/p>\n\u003cp>\u003ca href=\"https://sf.gov/news/local-eviction-protections-non-payment-rent-during-covid-19-extended-through-august-29-2023#:~:text=Specifically%2C%20no%20tenant%20may%20be,19%20Proclamation%20of%20Local%20Emergency.\">\u003cstrong>San Francisco eviction moratorium:\u003c/strong>\u003c/a> After the city’s public health emergency ended on June 30, the rental eviction moratorium was extended to August 29, and will expire August 30.\u003c/p>\n\u003cp>\u003ca href=\"https://rentboard.berkeleyca.gov/rights-responsibilities/covid-19-information-tenants-landlords\">\u003cstrong>Berkeley eviction moratorium:\u003c/strong>\u003c/a> The city of Berkeley’s eviction moratorium is expiring in stages. Starting May 1, some evictions were allowed for health and safety, owner move-ins or nonpayment of rent where the tenant had not provided documentation establishing a reason for not paying. After September 1, the moratorium will fully expire.[aside postID=\"news_11952870\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/02/RS41773_007_KQED_HousingSanFrancisco_02102020_2898-qut-1020x680.jpg\"]\u003ca href=\"https://www.sanleandro.org/1199/Eviction-Moratorium\">\u003cstrong>San Leandro eviction moratorium:\u003c/strong>\u003c/a> The eviction moratorium in San Leandro will end July 31. Tenants will have to pay past due rent within 180 days.\u003c/p>\n\u003cp>Additionally, the Contra Costa cities of \u003cstrong>\u003ca href=\"https://www.ci.richmond.ca.us/4082/COVID-19-Rental-Related-Information?eType=EmailBlastContent&eId=44444444-4444-4444-4444-444444444444\">Richmond\u003c/a>\u003c/strong> and \u003cstrong>\u003ca href=\"https://ebho.org/covid19-policy/#:~:text=Residents%20of%20Alameda%20County%20are,ended%20on%20April%2029%2C%202023.\">El Cerrito\u003c/a>\u003c/strong> have some extra tenant protections related to missed rent during the pandemic — though neither city still has an eviction moratorium in place.\u003c/p>\n\u003ch2>\u003ca id=\"landlords\">\u003c/a>What should landlords in Oakland know?\u003c/h2>\n\u003cp>Landlords should be aware that if their property is under rent control, they are now required \u003ca href=\"https://www.oaklandca.gov/resources/rent-registration-in-oakland-information-and-faqs\">to register their units in the city’s rent registry\u003c/a>. The deadline to register was July 5, 2022. City officials told KQED that if a landlord has not registered a unit, they currently cannot proceed with an eviction for the tenants living in that unit.\u003c/p>\n\u003cp>“It is not that we are asking them to register their eviction, even though they are to provide the city with a copy,” said Oakland’s Rent Adjustment Program Manager Victor Ramirez. “The registration is not for them to register an eviction lawsuit. It is for them to provide information about the tenancy that they currently have.”\u003c/p>\n\u003cp>Another challenge landlords are facing is the sheer size of outstanding rent owed throughout the city. When Alameda County’s eviction moratorium expired back in April, Michelle Starratt, housing director for Alameda County, said there was between $125 million and $300 million in outstanding rent owed throughout the county — even with the federal and state assistance that had paid some of the back rent.[pullquote align=\"right\" size=\"medium\" citation=\"Michelle Starratt, housing director, Alameda County\"]‘At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants.’[/pullquote]In an Alameda County survey of landlords from fall 2022 and spring 2023, landlords reported that 50% of the rent that was owed was actually owed by tenants who were considered over-income — as in, their income was higher than 80% of the area’s median income.\u003c/p>\n\u003cp>“At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants,” Starratt said at the time. Alameda County also deployed about $5 million in emergency foreclosure prevention money.\u003c/p>\n\u003cp>During the Oakland City Council meetings, a number of smaller Oakland landlords spoke out about the financial stress they had been struggling with as well.\u003c/p>\n\u003cp>The state of California additionally \u003ca href=\"https://camortgagerelief.org/\">runs a mortgage relief program\u003c/a>, which earlier this year \u003ca href=\"https://calmatters.org/housing/2023/02/california-mortgage-relief-expansion/\">expanded who qualified\u003c/a>.\u003c/p>\n\u003cp>“We really don’t want landlords to lose their properties, so we’re trying to get some of these resources into the community,” Starratt said. “But nearly $5 million in funding is just a drop in the bucket if we have over $300 million worth of outstanding rent and half of that is for over-income tenants.”\u003c/p>\n\u003cp>“The over-income tenants need to help us by paying their rent,” said Starratt.\u003c/p>\n\u003cp>\u003cem>KQED’s Rachel Vasquez, Azul Dahlstrom-Eckman and Alexander Gonzalez contributed to this reporting.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>[hearken id=\"10483\" src=\"https://modules.wearehearken.com/kqed/embed/10483.js\"]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Oakland's eviction moratorium ended on July 15, 2023 and tenants are now required to pay rent. Tenants who don't pay their rent can now be evicted by their landlord but there are still some protections left.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After months of debate, Oakland’s eviction moratorium expired on Saturday, July 15. The move comes after Alameda County ended its public health emergency and \u003ca href=\"https://www.kqed.org/news/11947933/alameda-countys-eviction-moratorium-ends-saturday-whats-next-for-renters-and-landlords\">its own eviction moratorium back in April\u003c/a>. Oakland had been one of the last remaining cities in the country with this type of protection for tenants, along with San Francisco and Berkeley.\u003c/p>\n\u003cp>In the rest of Alameda County, \u003ca href=\"https://oaklandside.org/2023/05/24/evictions-cases-are-rising-fast-after-end-of-alameda-county-moratorium/\">evictions spiked after the county’s moratorium was lifted, rising to above pre-pandemic highs\u003c/a>. With the majority of Oakland residents renting their homes, and the city \u003ca href=\"https://www.housinginitiative.org/uploads/1/3/2/9/132946414/hip_oakland_market_study_9-29-20_small.pdf\">having a higher percentage of renters compared to the county as a whole (PDF)\u003c/a>, many advocates fear that this change will lead to an even greater wave of evictions.\u003c/p>\n\u003cp>\u003cstrong>Jump straight to:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#impacts\">\u003cstrong>What does the end of Oakland’s eviction moratorium mean for renters?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#evictions\">\u003cstrong>What can Oakland renters be evicted for starting July 15?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#backrent\">\u003cstrong>Do Oakland renters now have to pay back rent?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#advice\">\u003cstrong>Where can Oakland renters find legal advice and resources?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#landlords\">\u003cstrong>What should Oakland landlords know?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch2>Evictions on the horizon\u003c/h2>\n\u003cp>“We’re all terrified to see [the moratorium] sunset,” said Anne Tamiko Omura, executive director of the \u003ca href=\"https://www.evictiondefensecenteroakland.org/\">Eviction Defense Center (EDC)\u003c/a>. “We’ve already seen the effects of the Alameda County moratorium sunsetting and the massive amounts of evictions that are being filed. So we can only imagine what’s waiting for us in Oakland.”\u003c/p>\n\u003cp>In 2019, Tamiko Omura said, there were less than 4,000 evictions — but she expects that after the moratorium lifts, evictions will now surpass that number in less than three months.\u003c/p>\n\u003cp>If you’re a renter, this doesn’t necessarily mean you can be immediately evicted, as various tenant protections still remain in place and some were recently added by the Oakland City Council.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#tellus\">\u003cstrong>Tell us: What else do you need information about right now?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Leah Simon-Weisberg, legal director of the \u003ca href=\"https://www.acceaction.org/renterhelp\">Alliance of Californians for Community Empowerment (ACCE)\u003c/a>, said her organization is “expecting to see a lot of evictions filed.”\u003c/p>\n\u003cp>Simon-Weisberg’s key message? “We’re working really hard to get the message out that you can’t be evicted for the rent that people may have accrued during the pandemic,” she said.\u003c/p>\n\u003cp>So what do you need to know about Oakland’s eviction moratorium expiring? If you’re an Oakland renter — or a landlord in the city — how will the end of the moratorium affect you? Keep reading for details on who can be evicted in Oakland and what renter protections continue to exist after July 15.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>\u003ca id=\"impacts\">\u003c/a>What does the end of the moratorium mean for renters?\u003c/h2>\n\u003cp>In March 2020, the Oakland City Council adopted an eviction moratorium in response to the COVID-19 pandemic — which ensured that renters could not be evicted over unpaid rent.\u003c/p>\n\u003cp>In fact, there were actually \u003ca href=\"https://www.oaklandca.gov/services/important-covid-19-information\">three renter protections Oakland put into place in 2020\u003c/a>:\u003c/p>\n\u003cul>\n\u003cli>All evictions were prohibited — unless they were on health or safety grounds, or under a state law that allows landlords to evict tenants if they’re permanently taking their units off the rental market (e.g., moving themselves or a family member into the unit).\u003c/li>\n\u003cli>All late fees for nonpayment of rent were prohibited.\u003c/li>\n\u003cli>All rent increases were prohibited unless they were established inflation adjustments or approved through a petition under \u003ca href=\"https://apps.oaklandca.gov/rappetitions/Petitions.aspx\">Oakland’s Rent Adjustment Program\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003cp>So, what’s changing?\u003c/p>\n\u003cp>Starting July 15, \u003ca href=\"https://www.oaklandca.gov/news/2023/oakland-eviction-moratorium-phase-out\">landlords will be able to evict for nonpayment of rent moving forward\u003c/a>. Landlords will also be able to once again charge late fees.\u003c/p>\n\u003cp>However, \u003cstrong>the moratorium on\u003c/strong> \u003cstrong>rent increases is not ending on July 15\u003c/strong>. That will remain in place until July 1, 2024, one year away. Until that date, all rent increases will remain prohibited.\u003c/p>\n\u003cp>\u003ca href=\"https://www.oaklandca.gov/news/2023/oakland-eviction-moratorium-phase-out\">See the details of what will change for Oakland renters and landlords starting July 1 on the city of Oakland’s website.\u003c/a>\u003c/p>\n\u003ch2>\u003ca id=\"evictions\">\u003c/a>What can Oakland renters now be evicted for, starting July 15?\u003c/h2>\n\u003cp>Starting July 15, landlords in Oakland can now evict renters or terminate tenancies for any just cause, including not paying rent.\u003c/p>\n\u003cp>Because for most tenants rent is due on the first day of the month, this means that most Oakland renters will have to start paying their rent on or after August 1. And if they don’t, their landlord can start eviction proceedings. If you are someone who pays rent on the first of the month, be aware that \u003cstrong>your landlord could technically ask you on July 15 to pay half of your July rent\u003c/strong>.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Oakland landlords can also resume charging their tenants late fees for late rent payments moving forward — but this does not include late payments during the moratorium period. So housing advocates stress that renters should start paying their landlord again as soon as their rent is due.\u003c/p>\n\u003cp>Tenants can also now be evicted for having violated their lease in other ways during the eviction moratorium. To this end, the Oakland City Council did approve a “just cause” ordinance, which says that the landlord must show that the lease violation is based on a reasonable term that the tenant accepted in writing and \u003ca href=\"https://oaklandside.org/2023/06/07/oakland-city-council-eviction-lease/\">it has to be a violation that causes substantial injury to the landlord\u003c/a>.\u003c/p>\n\u003cp>Additionally, city officials told KQED that a landlord cannot proceed with an eviction if the unit in question has not been registered with \u003ca href=\"https://www.oaklandca.gov/resources/rent-registration-in-oakland-information-and-faqs\">the city’s rent registry\u003c/a> — something the city now requires for all rental units covered by rent control or “just cause” protections.\u003c/p>\n\u003cp>\u003ca href=\"#advice\">\u003cstrong>Jump to more resources available to renters in Oakland.\u003c/strong>\u003c/a>\u003c/p>\n\u003ch2>\u003ca id=\"backrent\">\u003c/a>Do Oakland renters have to pay back rent now that the eviction moratorium has expired?\u003c/h2>\n\u003cp>Landlords in Oakland can demand back rent starting July 15, and can take tenants to small claims court. They can also ultimately pursue evictions for the back rent that was missed during the moratorium period.\u003c/p>\n\u003cp>However, this development regarding back rent comes with two big caveats.\u003c/p>\n\u003cp>First, \u003cstrong>tenants cannot be evicted for any back rent owed between March 9, 2020, and July 14, 2021\u003c/strong>, if they can show that the missed payment was due to financial hardship caused by the COVID-19 pandemic.\u003c/p>\n\u003cp>Additionally, \u003cstrong>tenants cannot be evicted for owing less than one month of fair market rent during that period\u003c/strong>.\u003c/p>\n\u003cp>How do you show that your financial hardship or loss \u003cem>was\u003c/em> caused by the pandemic? Alameda County Housing Secure advises that “you should submit \u003ca href=\"https://www.ac-housingsecure.org/ac-eviction-moratorium-guide\">proof of your COVID-related loss of income or increase in expenses to your landlord\u003c/a> in the form of pay stubs, bank statements, a letter from your employer, child care bills or medical bills.”\u003c/p>\n\u003cp>The city of Oakland is also encouraging \u003ca href=\"https://cao-94612.s3.amazonaws.com/documents/Info-Sheet_Tenant-Repayment-Negotiation_EN_10.11.22_FINAL.pdf\">tenants and landlords to enter into repayment negotiations (PDF)\u003c/a>. Legally, repayment plans cannot come with late fees and cannot be conditioned on changes to the lease.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Simon-Weisberg, from ACCE, says that many tenants are being pressured by landlords who say they’ll forgive the debt if the tenant agrees to move out. And while that might sound like a good deal for those who may not have the budget to pay back the debt, she argues it’s more stressful to end up with nowhere to live.\u003c/p>\n\u003cp>“I think that people aren’t quite sure what to do with the debt that they owe,” said Simon-Weisberg. “So we really want to encourage folks to hang tight. And I think we’ll be going into a period of trying to really help people figure out what to do about the debt.”\u003c/p>\n\u003cfigure id=\"attachment_11955781\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955781\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-861724936-scaled.jpg\" alt=\"A street in Oakland's Chinatown during the morning. Cars are parked along the street, in front of apartment buildings with shops on the ground level.\" width=\"2560\" height=\"1708\">\u003cfigcaption class=\"wp-caption-text\">The city of Oakland is encouraging tenants who owe back rent to enter into repayment negotiations with their landlords. Legally, repayment plans cannot come with late fees and cannot be conditioned on changes to the lease. \u003ccite>(Nicolo Sertorio/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"advice\">\u003c/a>Resources for Oakland renters\u003c/h2>\n\u003cp>Tamiko Omura, from the EDC, said that her group is advising renters “to do the best they can to pay their rent for the month of July and to contact a legal service provider if they get any paperwork as soon as possible.” Often, if you receive an eviction notice or summons, you have to respond within three days or face losing the opportunity to make your case.\u003c/p>\n\u003cp>During the debate over the eviction moratorium, Oakland City Council members said \u003ca href=\"https://www.oaklandca.gov/resources/housing-resources-erap-emergency-rental-assistance\">the city’s rental assistance program administered $60 million in assistance, but that these funds have not been fully utilized\u003c/a>. However, applications are now closed — though the program is administered through the following local nonprofits, many of which also offer legal assistance:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.bayareacs.org/\">Bay Area Community Services\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.self-sufficiency.org/\">Building Opportunities for Self-Sufficiency\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.cceb.org/\">Catholic Charities East Bay\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/?lang=es\">Centro Legal de la Raza\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://ebaldc.org/\">East Bay Asian Local Development Corporation\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.evictiondefensecenteroakland.org/\">Eviction Defense Center\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://safepassages.org/\">Safe Passages\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>“Oakland has done everything it can to try to get more money. It’s not enough,” said Tamiko Omura. “The state coverage was not enough. The money we have left is not enough.”\u003c/p>\n\u003ch2>Which other Bay Area cities still have their own eviction moratoriums?\u003c/h2>\n\u003cp>These Bay Area cities still have their own, separate eviction moratoriums, which are ongoing:\u003c/p>\n\u003cp>\u003ca href=\"https://sf.gov/news/local-eviction-protections-non-payment-rent-during-covid-19-extended-through-august-29-2023#:~:text=Specifically%2C%20no%20tenant%20may%20be,19%20Proclamation%20of%20Local%20Emergency.\">\u003cstrong>San Francisco eviction moratorium:\u003c/strong>\u003c/a> After the city’s public health emergency ended on June 30, the rental eviction moratorium was extended to August 29, and will expire August 30.\u003c/p>\n\u003cp>\u003ca href=\"https://rentboard.berkeleyca.gov/rights-responsibilities/covid-19-information-tenants-landlords\">\u003cstrong>Berkeley eviction moratorium:\u003c/strong>\u003c/a> The city of Berkeley’s eviction moratorium is expiring in stages. Starting May 1, some evictions were allowed for health and safety, owner move-ins or nonpayment of rent where the tenant had not provided documentation establishing a reason for not paying. After September 1, the moratorium will fully expire.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://www.sanleandro.org/1199/Eviction-Moratorium\">\u003cstrong>San Leandro eviction moratorium:\u003c/strong>\u003c/a> The eviction moratorium in San Leandro will end July 31. Tenants will have to pay past due rent within 180 days.\u003c/p>\n\u003cp>Additionally, the Contra Costa cities of \u003cstrong>\u003ca href=\"https://www.ci.richmond.ca.us/4082/COVID-19-Rental-Related-Information?eType=EmailBlastContent&eId=44444444-4444-4444-4444-444444444444\">Richmond\u003c/a>\u003c/strong> and \u003cstrong>\u003ca href=\"https://ebho.org/covid19-policy/#:~:text=Residents%20of%20Alameda%20County%20are,ended%20on%20April%2029%2C%202023.\">El Cerrito\u003c/a>\u003c/strong> have some extra tenant protections related to missed rent during the pandemic — though neither city still has an eviction moratorium in place.\u003c/p>\n\u003ch2>\u003ca id=\"landlords\">\u003c/a>What should landlords in Oakland know?\u003c/h2>\n\u003cp>Landlords should be aware that if their property is under rent control, they are now required \u003ca href=\"https://www.oaklandca.gov/resources/rent-registration-in-oakland-information-and-faqs\">to register their units in the city’s rent registry\u003c/a>. The deadline to register was July 5, 2022. City officials told KQED that if a landlord has not registered a unit, they currently cannot proceed with an eviction for the tenants living in that unit.\u003c/p>\n\u003cp>“It is not that we are asking them to register their eviction, even though they are to provide the city with a copy,” said Oakland’s Rent Adjustment Program Manager Victor Ramirez. “The registration is not for them to register an eviction lawsuit. It is for them to provide information about the tenancy that they currently have.”\u003c/p>\n\u003cp>Another challenge landlords are facing is the sheer size of outstanding rent owed throughout the city. When Alameda County’s eviction moratorium expired back in April, Michelle Starratt, housing director for Alameda County, said there was between $125 million and $300 million in outstanding rent owed throughout the county — even with the federal and state assistance that had paid some of the back rent.\u003c/p>\u003c/div>",
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"content": "‘At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In an Alameda County survey of landlords from fall 2022 and spring 2023, landlords reported that 50% of the rent that was owed was actually owed by tenants who were considered over-income — as in, their income was higher than 80% of the area’s median income.\u003c/p>\n\u003cp>“At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants,” Starratt said at the time. Alameda County also deployed about $5 million in emergency foreclosure prevention money.\u003c/p>\n\u003cp>During the Oakland City Council meetings, a number of smaller Oakland landlords spoke out about the financial stress they had been struggling with as well.\u003c/p>\n\u003cp>The state of California additionally \u003ca href=\"https://camortgagerelief.org/\">runs a mortgage relief program\u003c/a>, which earlier this year \u003ca href=\"https://calmatters.org/housing/2023/02/california-mortgage-relief-expansion/\">expanded who qualified\u003c/a>.\u003c/p>\n\u003cp>“We really don’t want landlords to lose their properties, so we’re trying to get some of these resources into the community,” Starratt said. “But nearly $5 million in funding is just a drop in the bucket if we have over $300 million worth of outstanding rent and half of that is for over-income tenants.”\u003c/p>\n\u003cp>“The over-income tenants need to help us by paying their rent,” said Starratt.\u003c/p>\n\u003cp>\u003cem>KQED’s Rachel Vasquez, Azul Dahlstrom-Eckman and Alexander Gonzalez contributed to this reporting.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>In the last days of June, \u003ca href=\"https://www.kqed.org/news/11954612/u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions\">the Supreme Court struck down affirmative action\u003c/a>, opened the door to LGBTQ+ discrimination and \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">outlawed the Biden administration’s plan to forgive student loans\u003c/a>. These are monumental rulings that directly affect people of color, queer folks, prospective college students and the 43 million Americans with federal student loans — leaving many devastated and fearful for the future.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/tag/explaining-the-supreme-court\">our series explaining this summer’s Supreme Court decisions\u003c/a>, we’re unpacking how these rulings will affect you — and what can be done now. This explainer focuses on the case 303 Creative LLC v. Elenis — which saw the court rule in favor of a web designer who refused to make wedding websites for gay couples — and what it could mean for discrimination against LGBTQ+ folks in the United States.\u003c/p>\n\u003cp>KQED gathered legal and judicial insight on this ruling at a panel hosted at Manny’s, a community space in San Francisco. On this panel were:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/courtney-j-liss\">Courtney Liss\u003c/a>, associate at San Francisco law firm Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/Harris-Cody\">Cody Harris\u003c/a>, partner at Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.uchastings.edu/people/matt-coles/\">Matthew Coles\u003c/a>, professor of practice at UC Law San Francisco (formerly UC Hastings)\u003c/li>\n\u003c/ul>\n\u003ch2>What was the Supreme Court’s decision about LGBTQ+ discrimination?\u003c/h2>\n\u003cp>In a defeat for gay rights, the Supreme Court’s conservative majority ruled in 303 Creative LLC v. Elenis that a Christian graphic artist who designs wedding websites can refuse to work with same-sex couples.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#tellus\">\u003cstrong>Tell us: What else do you need information about right now?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Justice Sonia Sotomayor, one of the court’s liberal justices, wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that the ruling opens the door to further discrimination. \u003ca href=\"https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision\">Read more about the case from NPR\u003c/a> or read \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">the Supreme Court’s ruling (PDF)\u003c/a> for yourself.\u003c/p>\n\u003ch2>What will change for queer people in the US after this case?\u003c/h2>\n\u003cp>This ruling has opened the door for LGBTQ+ people to be discriminated against when requesting services from certain professionals, says UC Law San Francisco’s Coles, specifically in situations involving the use of words or the creation of images and films.\u003c/p>\n\u003cp>Why? Smith \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">framed her website services as “expressive in nature” (PDF)\u003c/a> because she designed them to be customized, original and intended “to communicate a particular message.” Consequently, other professionals operating what could be termed an “expressive business” could use this ruling to deny service to LGBTQ+ people as well.[aside label='Unpacking the Recent Supreme Court Decisions' tag='explaining-the-supreme-court']Coles’ advice to folks in the community? “Find out in advance whether this business has said that it doesn’t want to serve [queer people],” he said.\u003c/p>\n\u003cp>Practically, the website case now means that someone like Lorie Smith, the Colorado graphic designer, can refuse service to LGBTQ+ folks “without fear of government sanction on them,” said Harris of Keker, Van Nest and Peters.\u003c/p>\n\u003cp>Harris adds that hate speech laws as most people think of them — those that would make it a crime to say something hateful — don’t really exist. Hate speech is “awful and odious, and it makes me angry,” he said, “but it’s constitutional.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>How was this case even won?\u003c/h2>\n\u003cp>Lorie Smith, the web designer involved in the case, was challenging her home state of Colorado’s public accommodations law — the type of law that, in most states, bars discrimination based on sexual orientation. Her claim was that the state was unconstitutionally forcing her to create a message she opposes because she can’t deny service to same-sex couples. The Supreme Court sided with Smith, ruling that forcing her to create websites for queer couples would violate her free speech rights under the Constitution’s First Amendment.\u003c/p>\n\u003cp>Smith should have lost her case on several fronts, said Coles — just one being that her website work “is commercial speech,” and not personal expression (free speech), because Smith “was being paid to write words for somebody else.” And it’s well-established, says Coles, that commercial speech is not as protected as other forms of speech.\u003c/p>\n\u003cp>The court ignored this analysis of the First Amendment in its ruling, says Coles. A majority of the justices, he adds, believe that if Smith created websites for same-sex couples, she would be forced to use words to celebrate things she does not want to celebrate.\u003c/p>\n\u003cp>Responding to \u003ca href=\"https://www.independent.co.uk/news/world/americas/us-politics/supreme-court-web-designer-fake-case-b2370226.html\">lingering questions over the legitimacy of this case\u003c/a> — namely, whether the web designer in question had ever really been asked to design a site for a gay wedding — Coles said he didn’t think it’s “a fake case.” The real question, he said, is whether the designer has taken steps to “start working on websites or not — and the answer is yes. She made a pretty decent showing in the court that she’d done a lot of research. She had models together.”\u003c/p>\n\u003cp>Notions of this being a “fake case” get away from the point, says Liss, of Van Nest and Peters. She stresses that this case is “an important door,” one that this court has chosen to open and go through by taking up the case in the first place.\u003c/p>\n\u003cfigure id=\"attachment_11955692\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955692\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-scaled.jpg\" alt=\"A rainbow flag hangs over a government building.\" width=\"2560\" height=\"1707\">\u003cfigcaption class=\"wp-caption-text\">San Francisco-based attorney Courtney Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices. ‘I personally do not want to go anywhere where I’m not welcome,’ she said. \u003ccite>(JasonDoiy/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What could the long-term ramifications of this case be?\u003c/h2>\n\u003cp>Coles says that what surprised him about the Supreme Court’s decision was that it did not draw upon the clause in the Constitution that protects people’s right to practice their religion. Instead, the ruling draws upon the free speech clause, “because [Lorie Smith] was involved in expressive conduct.”\u003c/p>\n\u003cp>Coles believes that the Court’s conservative justices disagree on how to interpret the free exercise-of-religion clause. But he cautions that there may come a day when the conservative justices privilege religious exemptions in their rulings. “And that religious exception to nondiscrimination laws is not going to be limited to expressive businesses,” he said.\u003c/p>\n\u003cp>“Run through the list of everything that we’ve managed to cover with our civil rights laws,” Coles said, referring to protections for race, religion, gender and disability. By itself, he said, 303 Creative LLC v. Elenis is “not going to completely eviscerate discrimination laws,” but he believes it “portends something in the future, which is a good deal worse.”\u003c/p>\n\u003ch2>How can you voice your opposition to this ruling?\u003c/h2>\n\u003cp>The Supreme Court’s recent raft of rulings against LGBTQ+ rights, affirmative action and student loan forgiveness has drawn vehement criticism sharply focused on the Court’s conservative supermajority. For example, in speaking out against the student loan decision, \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">U.S Rep. Barbara Lee (D-Calif.) called the body a “corrupt, right-wing court.”\u003c/a>\u003c/p>\n\u003cp>Criticism of the court’s rulings has also come from within, with Justice Sonia Sotomayor saying that the website designer ruling saw the Supreme Court “taking steps backward.”\u003c/p>\n\u003cp>“Today is a sad day in American constitutional law and in the lives of LGBT people,” she added. “The immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status.”\u003c/p>\n\u003cp>[aside label='More Guides from KQED' tag='kqed-guides']Coles notes that at the end of the student loan decision, Justice Elena Kagan’s dissent features a “very pointed dialogue” that strongly criticizes the Supreme Court for what she sees as violations of the separation of powers in their ruling — and that Justice John Roberts’ reply bristles at the suggestion that the court is not legitimate.\u003c/p>\n\u003cp>“So I think they’re beginning to get sensitive to the notion that there’s a wide, ever-growing public belief that some of what they’re doing is not legitimate,” said Coles of the conservative justices. “It’s really important if you think what they’re doing is not legitimate, to keep voicing that.”\u003c/p>\n\u003cp>Liss urged people to “call your congresspeople and your other elected representatives” to express that, if so. You might also feel like this “legitimacy crisis” is sharpened, she says, by “\u003ca href=\"https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow\">the lack of standards that the Supreme Court holds themselves to in terms of accepting gifts\u003c/a>.”\u003c/p>\n\u003cp>On an everyday scale, Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices.\u003c/p>\n\u003cp>“I personally do not want to go anywhere where I’m not welcome,” said Liss. “I don’t want to give a single dollar to someone who wouldn’t be excited to take my very gay dollar.”\u003c/p>\n\u003cp>\u003cem>This story contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>[hearken id=\"10483\" src=\"https://modules.wearehearken.com/kqed/embed/10483.js\"]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the last days of June, \u003ca href=\"https://www.kqed.org/news/11954612/u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions\">the Supreme Court struck down affirmative action\u003c/a>, opened the door to LGBTQ+ discrimination and \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">outlawed the Biden administration’s plan to forgive student loans\u003c/a>. These are monumental rulings that directly affect people of color, queer folks, prospective college students and the 43 million Americans with federal student loans — leaving many devastated and fearful for the future.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/tag/explaining-the-supreme-court\">our series explaining this summer’s Supreme Court decisions\u003c/a>, we’re unpacking how these rulings will affect you — and what can be done now. This explainer focuses on the case 303 Creative LLC v. Elenis — which saw the court rule in favor of a web designer who refused to make wedding websites for gay couples — and what it could mean for discrimination against LGBTQ+ folks in the United States.\u003c/p>\n\u003cp>KQED gathered legal and judicial insight on this ruling at a panel hosted at Manny’s, a community space in San Francisco. On this panel were:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/courtney-j-liss\">Courtney Liss\u003c/a>, associate at San Francisco law firm Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/Harris-Cody\">Cody Harris\u003c/a>, partner at Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.uchastings.edu/people/matt-coles/\">Matthew Coles\u003c/a>, professor of practice at UC Law San Francisco (formerly UC Hastings)\u003c/li>\n\u003c/ul>\n\u003ch2>What was the Supreme Court’s decision about LGBTQ+ discrimination?\u003c/h2>\n\u003cp>In a defeat for gay rights, the Supreme Court’s conservative majority ruled in 303 Creative LLC v. Elenis that a Christian graphic artist who designs wedding websites can refuse to work with same-sex couples.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#tellus\">\u003cstrong>Tell us: What else do you need information about right now?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Justice Sonia Sotomayor, one of the court’s liberal justices, wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that the ruling opens the door to further discrimination. \u003ca href=\"https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision\">Read more about the case from NPR\u003c/a> or read \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">the Supreme Court’s ruling (PDF)\u003c/a> for yourself.\u003c/p>\n\u003ch2>What will change for queer people in the US after this case?\u003c/h2>\n\u003cp>This ruling has opened the door for LGBTQ+ people to be discriminated against when requesting services from certain professionals, says UC Law San Francisco’s Coles, specifically in situations involving the use of words or the creation of images and films.\u003c/p>\n\u003cp>Why? Smith \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">framed her website services as “expressive in nature” (PDF)\u003c/a> because she designed them to be customized, original and intended “to communicate a particular message.” Consequently, other professionals operating what could be termed an “expressive business” could use this ruling to deny service to LGBTQ+ people as well.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Coles’ advice to folks in the community? “Find out in advance whether this business has said that it doesn’t want to serve [queer people],” he said.\u003c/p>\n\u003cp>Practically, the website case now means that someone like Lorie Smith, the Colorado graphic designer, can refuse service to LGBTQ+ folks “without fear of government sanction on them,” said Harris of Keker, Van Nest and Peters.\u003c/p>\n\u003cp>Harris adds that hate speech laws as most people think of them — those that would make it a crime to say something hateful — don’t really exist. Hate speech is “awful and odious, and it makes me angry,” he said, “but it’s constitutional.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>How was this case even won?\u003c/h2>\n\u003cp>Lorie Smith, the web designer involved in the case, was challenging her home state of Colorado’s public accommodations law — the type of law that, in most states, bars discrimination based on sexual orientation. Her claim was that the state was unconstitutionally forcing her to create a message she opposes because she can’t deny service to same-sex couples. The Supreme Court sided with Smith, ruling that forcing her to create websites for queer couples would violate her free speech rights under the Constitution’s First Amendment.\u003c/p>\n\u003cp>Smith should have lost her case on several fronts, said Coles — just one being that her website work “is commercial speech,” and not personal expression (free speech), because Smith “was being paid to write words for somebody else.” And it’s well-established, says Coles, that commercial speech is not as protected as other forms of speech.\u003c/p>\n\u003cp>The court ignored this analysis of the First Amendment in its ruling, says Coles. A majority of the justices, he adds, believe that if Smith created websites for same-sex couples, she would be forced to use words to celebrate things she does not want to celebrate.\u003c/p>\n\u003cp>Responding to \u003ca href=\"https://www.independent.co.uk/news/world/americas/us-politics/supreme-court-web-designer-fake-case-b2370226.html\">lingering questions over the legitimacy of this case\u003c/a> — namely, whether the web designer in question had ever really been asked to design a site for a gay wedding — Coles said he didn’t think it’s “a fake case.” The real question, he said, is whether the designer has taken steps to “start working on websites or not — and the answer is yes. She made a pretty decent showing in the court that she’d done a lot of research. She had models together.”\u003c/p>\n\u003cp>Notions of this being a “fake case” get away from the point, says Liss, of Van Nest and Peters. She stresses that this case is “an important door,” one that this court has chosen to open and go through by taking up the case in the first place.\u003c/p>\n\u003cfigure id=\"attachment_11955692\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955692\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-scaled.jpg\" alt=\"A rainbow flag hangs over a government building.\" width=\"2560\" height=\"1707\">\u003cfigcaption class=\"wp-caption-text\">San Francisco-based attorney Courtney Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices. ‘I personally do not want to go anywhere where I’m not welcome,’ she said. \u003ccite>(JasonDoiy/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What could the long-term ramifications of this case be?\u003c/h2>\n\u003cp>Coles says that what surprised him about the Supreme Court’s decision was that it did not draw upon the clause in the Constitution that protects people’s right to practice their religion. Instead, the ruling draws upon the free speech clause, “because [Lorie Smith] was involved in expressive conduct.”\u003c/p>\n\u003cp>Coles believes that the Court’s conservative justices disagree on how to interpret the free exercise-of-religion clause. But he cautions that there may come a day when the conservative justices privilege religious exemptions in their rulings. “And that religious exception to nondiscrimination laws is not going to be limited to expressive businesses,” he said.\u003c/p>\n\u003cp>“Run through the list of everything that we’ve managed to cover with our civil rights laws,” Coles said, referring to protections for race, religion, gender and disability. By itself, he said, 303 Creative LLC v. Elenis is “not going to completely eviscerate discrimination laws,” but he believes it “portends something in the future, which is a good deal worse.”\u003c/p>\n\u003ch2>How can you voice your opposition to this ruling?\u003c/h2>\n\u003cp>The Supreme Court’s recent raft of rulings against LGBTQ+ rights, affirmative action and student loan forgiveness has drawn vehement criticism sharply focused on the Court’s conservative supermajority. For example, in speaking out against the student loan decision, \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">U.S Rep. Barbara Lee (D-Calif.) called the body a “corrupt, right-wing court.”\u003c/a>\u003c/p>\n\u003cp>Criticism of the court’s rulings has also come from within, with Justice Sonia Sotomayor saying that the website designer ruling saw the Supreme Court “taking steps backward.”\u003c/p>\n\u003cp>“Today is a sad day in American constitutional law and in the lives of LGBT people,” she added. “The immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Coles notes that at the end of the student loan decision, Justice Elena Kagan’s dissent features a “very pointed dialogue” that strongly criticizes the Supreme Court for what she sees as violations of the separation of powers in their ruling — and that Justice John Roberts’ reply bristles at the suggestion that the court is not legitimate.\u003c/p>\n\u003cp>“So I think they’re beginning to get sensitive to the notion that there’s a wide, ever-growing public belief that some of what they’re doing is not legitimate,” said Coles of the conservative justices. “It’s really important if you think what they’re doing is not legitimate, to keep voicing that.”\u003c/p>\n\u003cp>Liss urged people to “call your congresspeople and your other elected representatives” to express that, if so. You might also feel like this “legitimacy crisis” is sharpened, she says, by “\u003ca href=\"https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow\">the lack of standards that the Supreme Court holds themselves to in terms of accepting gifts\u003c/a>.”\u003c/p>\n\u003cp>On an everyday scale, Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices.\u003c/p>\n\u003cp>“I personally do not want to go anywhere where I’m not welcome,” said Liss. “I don’t want to give a single dollar to someone who wouldn’t be excited to take my very gay dollar.”\u003c/p>\n\u003cp>\u003cem>This story contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Controversial decisions by the Supreme Court in late June have dealt a blow to programs aimed at increasing \u003ca href=\"https://www.kqed.org/news/11954709/timeline-a-heated-history-of-affirmative-action-in-america\">racial diversity in college admissions\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11954743/supreme-court-rules-in-favor-of-christian-web-designer-who-denies-lgbtq-clients\">LGBTQ+ rights\u003c/a> and the ability of 43 million Americans to get some \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">relief from their student loan debt\u003c/a> — all a year after the high court overturned Roe v. Wade, eliminating the constitutional right to an abortion in the United States and leading to a flood of abortion restrictions and bans across the country.\u003c/p>\n\u003cp>The recent slew of decisions prompted a wave of criticism from liberals and supporters of diversity in higher education and the workplace — including \u003ca href=\"https://www.google.com/url?q=https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you&sa=D&source=docs&ust=1689028990768007&usg=AOvVaw0G7lqsvIXKTHU-9HKW4UiH\">Representative Barbara Lee (D-Calif.), who called the Supreme Court a “corrupt, right-wing court”\u003c/a> — and reignited long-standing calls for reforming the judicial branch.\u003c/p>\n\u003cp>California Representative Ro Khanna (D-Fremont) led the call by reintroducing the \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">Supreme Court Term Limits and Regular Appointments Act\u003c/a> on June 30, specifically prompted by the Supreme Court’s decision that blocked the Biden administration’s plan to forgive student loan debt.\u003c/p>\n\u003cp>Taking aim at the current lifetime tenure of Supreme Court justices, Khanna’s bill aims to \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">enact 18-year term limits for the justices and to “stop extreme partisanship”\u003c/a> in a court he described as “regressive.”\u003c/p>\n\u003cp>However, congressional reforms to the Supreme Court — called \u003ca href=\"https://fixthecourt.com/about-us/\">the least accountable branch of the United States’ government\u003c/a> by nonpartisan \u003ca href=\"https://fixthecourt.com/\">advocacy group Fix the Court\u003c/a> — is an uphill climb, given Republican control of the House and the reluctance of even some Democrats (and independents like Sen. Kyrsten Sinema) to tamper with Supreme Court policies.\u003c/p>\n\u003cp>Keep reading for what to know about Khanna’s bill, its possible chances of success and what to know about reforming the Supreme Court.\u003c/p>\n\u003ch2>Why don’t Supreme Court justices have term limits? Do other countries do this?\u003c/h2>\n\u003cp>The Constitution says that Supreme Court justices “shall hold their Offices during good Behaviour,” meaning they have a lifetime tenure “\u003ca href=\"https://www.supremecourt.gov/about/faq_general.aspx#:~:text=How%20long%20is%20the%20term,removed%20from%20office%20by%20impeachment.\">as long as they choose and can only be removed from office by impeachment\u003c/a>.” For example, former Justice Stephen G. Breyer retired at 83 last June, and had been on the Supreme Court since 1994. Ruth Bader Ginberg died at 87 in 2020, after serving for 27 years.\u003c/p>\n\u003cp>This is all \u003ca href=\"https://constitution.congress.gov/browse/article-3/#:~:text=Article%20III%20Judicial%20Branch&text=The%20judicial%20Power%20of%20the,to%20time%20ordain%20and%20establish.\">according to Article III of the U.S. Constitution\u003c/a>. And in drafting the Constitution, the framers harkened back to experiences with England and erratic decision-making from monarchs — according to Gabe Roth, executive director of Fix the Court, which \u003ca href=\"https://fixthecourt.com/about-us/\">advocates for non-ideological “fixes” that would make the Supreme Court more accountable\u003c/a>. (Roth says he’s discussed the term limits bill with Khanna for years, and was part of the recent reintroduction announcement.)\u003c/p>\n\u003cp>Roth explains that in the late 1700s, King George III himself was firing judges in United States colonies — which prompted state courts to write their own constitutions to say judges can hold their offices during good behavior. This line was then adopted in the U.S. Constitution.\u003c/p>\n\u003cp>“The U.S. is really different from other countries,” said Roth, “because our Constitution is so old, and it traces its roots to the 1700s.” The roots of our current Supreme Court situation lie, says Roth, with government dysfunction in England and this growing conflict between King George and the colonies. “And that’s — to me — not a great reason to maintain the practice of life tenure,” he said.\u003c/p>\n\u003cp>Roth notes that “most countries have a mandatory retirement age or a retention election or a term limit or some combination thereof.” For example, \u003ca href=\"https://www.brazilcounsel.com/blog/the-supreme-court-of-brazil#:~:text=Once%20appointed%2C%20Supreme%20Court%20justices,themselves%20to%20represent%20the%20court.\">the retirement age in Brazil\u003c/a>, \u003ca href=\"https://www.scc-csc.ca/contact/faq/qa-qr-eng.aspx#:~:text=A%20Judge%20holds%20office%20during,Senate%20and%20House%20of%20Commons.\">Canada\u003c/a> and \u003ca href=\"https://www.jcpc.uk/news/new-appointments-to-the-uks-top-appeal-court-2022.html#:~:text=Following%20the%20increase%20of%20the,re%2Dappointed%20as%20a%20Justice.\">the United Kingdom\u003c/a> is 75. In \u003ca href=\"https://collections.concourt.org.za/bitstream/handle/20.500.12144/3644/Third%20Amicus%20Curiae%20Heads%20of%20Argument-17086.pdf?sequence=12&isAllowed=y#:~:text=The%20words%20%E2%80%9CA%20Constitutional%20Court,or%20until%20they%20reach%2070\">South Africa (PDF)\u003c/a>, it’s 70. And \u003ca href=\"https://www.bundesverfassungsgericht.de/EN/Das-Gericht/Organisation/organisation_node.html#:~:text=A%20Justice's%20term%20of%20office,may%20not%20be%20re%2Delected.\">in Germany, it is 68 years old\u003c/a>.\u003c/p>\n\u003cp>Other democracies have reflections of increased life expectancy in the modern age and accumulation of power by judges, and needed ways to reduce those things by instituting term limits or mandatory retirement ages.\u003c/p>\n\u003cp>In contrast to the Supreme Court, \u003ca href=\"https://ballotpedia.org/Length_of_terms_of_state_supreme_court_justices\">almost all U.S. states have a mandatory retirement age\u003c/a> or retention election or term limit for its state court judges. “So the U.S. is not only an outlier globally — it’s an outlier within the various systems of the judiciary that are set up within the [U.S.],” Roth said.\u003c/p>\n\u003cfigure id=\"attachment_11955166\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955166\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/AffirmativeActionRally01.jpg\" alt=\"Opposing protestors clash at a rally about the Supreme Court's ruling on affirmative action. One side of demonstrators hold signs that read, "Stop Discriminating on the Basis of Race," while others hold signs that read, "Diversity Opportunity Justice."\" width=\"1920\" height=\"1279\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-1536x1023.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Protesters for and against affirmative action rally on Capitol Hill in Washington, DC, on June 29. In a decision that split its conservative and liberal justices, the Supreme Court ruled that race-conscious admissions programs at Harvard University and the University of North Carolina were unconstitutional, setting a precedent for admissions at other universities and colleges. \u003ccite>(Anna Moneymaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>So, can a Supreme Court justice be impeached?\u003c/h2>\n\u003cp>Yes — but \u003ca href=\"https://www.supremecourt.gov/about/faq_general.aspx#:~:text=The%20only%20Justice%20to%20be,Have%20there%20always%20been%20nine%3F\">only one justice has ever been impeached\u003c/a>.\u003c/p>\n\u003cp>In 1805, the justice in question, \u003ca href=\"https://www.visitthecapitol.gov/artifact/us-v-samuel-chase-answer-samuel-chase-1805\">Samuel Chase, was under fire for partisan leanings\u003c/a> but was acquitted by the Senate. So he was never removed from office.\u003c/p>\n\u003cp>More recently, in 1965, Abe Fortas was a justice appointed by President Lyndon B. Johnson. In the following years, \u003ca href=\"https://www.oyez.org/justices/abe_fortas\">Fortas was accused of accepting money\u003c/a> from a financier and resigned in 1969.\u003c/p>\n\u003cp>Impeaching a Supreme Court justice, said Roth, is “the same process as impeaching and removing a president.”\u003c/p>\n\u003cp>“We need a majority of the House to impeach, which is like an indictment, essentially. And you need two-thirds of the Senate to vote to remove,” Roth explained.\u003c/p>\n\u003cp>“The lower court judges have been removed via impeachment for things like taking bribes or acting erratically in the courtroom,” he said. “But just given how partisan our country and our House and Senate are, I think it would be very difficult in the Senate … to get 67 senators to agree on anything, let alone removing a Supreme Court justice.”\u003c/p>\n\u003cp>“The way that Supreme Court justices are going to leave the court, I think it’s going to be mostly death or retirement and old age,” he said.\u003c/p>\n\u003ch2>Who is on the Supreme Court now?\u003c/h2>\n\u003cp>\u003ca href=\"https://www.supremecourt.gov/about/biographies.aspx\">There are nine justices on the Supreme Court\u003c/a>, most of whom were appointed by Republican presidents — one from George H.W. Bush, two from George W. Bush and three from Donald Trump. These justices are, in order of appointment, John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson.\u003c/p>\n\u003cp>The Court recently has also been facing controversies outside of its recent rulings. \u003ca href=\"https://www.propublica.org/series/supreme-court-scotus\">A series of investigations from ProPublica\u003c/a>, a nonprofit, non-partisan news organization, found conflicts of interest among several conservative justices who took lavish gifts from conservative activist donors. The articles specifically highlighted Clarence Thomas and Samuel Alito.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>What does Rep. Khanna’s bill propose for the Supreme Court?\u003c/h2>\n\u003cp>Rep. Ro Khanna’s bill aims to enact \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">18-year terms on the Supreme Court justices to “restore judicial independence”\u003c/a> — after which justices could then continue their work on lower courts.\u003c/p>\n\u003cp>“Going forward, the bill would create a regular process to allow presidents to nominate a new justice to the Supreme Court every odd year — so two justices per four-year term,” Rep. Khanna said in \u003ca href=\"https://khanna.house.gov/media/editorials/rep-ro-khanna-how-term-limits-would-restore-stability-and-impartiality-supreme\">a release explaining a past iteration of the bill\u003c/a>. “Justices would no longer have an incentive to strategize and plan their retirements around whichever party holds the White House. The goal of this bill is to restore judicial independence and ensure that justices are not too far out of step with the current generation.”\u003c/p>\n\u003cp>“Our Founding Fathers intended for lifetime appointments to ensure impartiality,” Khanna said “The decision today (on student loans) demonstrates how justices have become partisan and out of step with the American public.”\u003c/p>\n\u003cp>https://twitter.com/RepRoKhanna/status/1676681160049532930\u003c/p>\n\u003cp>“For many Americans, the Supreme Court is a distant, secretive, unelected body that can make drastic changes in their lives without any accountability,” said co-sponsor Virginia Rep. Don Beyer. “I have long supported reforming the Supreme Court to limit terms to end lifetime tenures and ensure the court remains a fair and impartial arbiter of justice. Our bill would achieve this and help restore balance to a heavily politicized court.”\u003c/p>\n\u003cp>In a release, \u003ca href=\"https://khanna.house.gov/media/editorials/rep-ro-khanna-how-term-limits-would-restore-stability-and-impartiality-supreme\">Khanna said he was not worried about the 18-year limits further politicizing the court\u003c/a>, as some opponents claim.\u003c/p>\n\u003cp>“The regular appointment process will help judges rotate more frequently instead of justices waiting to retire based on which party controls the White House and holds a Senate majority,” he said. “Confirmation hearings will also become an expected and regular part of the process instead of a life-and-death partisan fight that only further erodes the public’s trust in the court.”\u003c/p>\n\u003cp>Fix the Court’s Roth says 18 years is a standard number referenced and debated among law experts.\u003c/p>\n\u003cp>“You have nine justices and new justices added every Congress, every two years. Nine times two is 18,” he explained, saying the 18-year plan became more popular during the recent 11-year period that saw no justice turnover from 1994 to 2005.\u003c/p>\n\u003ch2>Is there support for this kind of Supreme Court reform?\u003c/h2>\n\u003cp>A NPR/PBS NewsHour/Marist national poll from April shows \u003ca href=\"https://maristpoll.marist.edu/polls/medication-abortions-and-the-u-s-supreme-court/\">68% of Americans support term limits for Supreme Court justices\u003c/a>. In fact, a majority of Republicans, Independents and Democrats who responded to the poll all agreed that there should be term limits.\u003c/p>\n\u003cp>Currently, Khanna’s bill is supported by mostly Democrats, like California Rep. Rep. Barbara Lee and Michigan Rep. Rashida Tlaib. But term limits or some kind of Court reform have been a Republican talking point in the recent past, Roth said, citing essays written by \u003ca href=\"https://www.nationalaffairs.com/publications/detail/the-most-dangerous-branch\">Missouri Sen. Joshua Hawley\u003c/a> and \u003ca href=\"https://www.nationalreview.com/2015/06/ted-cruz-supreme-court-constitutional-amendment/\">Texas Sen. Ted Cruz\u003c/a>. In 2016, then-Republican presidential candidates \u003ca href=\"https://www.washingtonpost.com/news/wonk/wp/2016/02/13/why-its-time-to-get-serious-about-supreme-court-term-limits/\">Ben Carson, Mike Huckabee and Rand Paul also endorsed the idea\u003c/a>.\u003c/p>\n\u003cp>“Fast-forward nine years and now it’s only Democrats talking about term limits,” said Roth. “It’s interesting how the issue has been sort of flipped on its head from a partisan perspective.\u003c/p>\n\u003cp>“(But) this is an apolitical reform. There is no partisan balance to an 18-year term. It would apply to future justices that are appointed by Democratic presidents and Republican presidents alike.”\u003c/p>\n\u003cp>“Currently the bill is Democrats only, but there’s no reason it can’t be a bipartisan effort,” Roth said.\u003c/p>\n\u003cfigure id=\"attachment_11954754\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11954754\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut.jpg\" alt='A group of protesters hold signs reading \"Cancel Student Debt Now\" and \"End Student Debt\"' width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Supporters of student debt forgiveness demonstrate outside the US Supreme Court on June 30, 2023, in Washington, DC. The court dealt President Joe Biden a significant political setback when it overruled his key program to cancel the student debt of millions of Americans. \u003ccite>(Olivier Douliery/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What are the arguments against SCOTUS term limits?\u003c/h2>\n\u003cp>In 2021, President Joe Biden formed a commission to discuss court reform. The commission was bipartisan and included former federal judges, practitioners and advocates. However, \u003ca href=\"https://www.wsj.com/articles/commission-approves-report-on-supreme-court-amid-partisan-differences-11638923592?mod=article_inline\">the commission did not have a consensus or recommendations for the court\u003c/a> in its final report, according to \u003cem>The Wall Street Journal\u003c/em>. \u003ca href=\"https://www.whitehouse.gov/wp-content/uploads/2021/12/SCOTUS-Report-Final-12.8.21-1.pdf\">Read the entire report here (PDF).\u003c/a>\u003c/p>\n\u003cp>One of the commissioners, Adam White, a senior fellow at the \u003ca href=\"https://www.c-span.org/organization/?2006/American-Enterprise-Institute\">conservative think tank The American Enterprise Institute\u003c/a>, said in a statement that \u003ca href=\"https://www.whitehouse.gov/wp-content/uploads/2021/12/White-Statement.pdf\">term limits were problematic “especially when they are intended to allocate appointments on the calendar of presidential terms” (PDF)\u003c/a>.\u003c/p>\n\u003cp>“By tying Supreme Court vacancies and appointments directly and exclusively to the outcomes of presidential elections, a term-limits framework would further corrode the appearance of judicial neutrality and independence, making the Court a spoil not just of politics, but of presidential politics exclusively,” he wrote.\u003c/p>\n\u003ch2>Is there a chance of Ro Khanna’s SCOTUS reform proposal actually passing?\u003c/h2>\n\u003cp>This is the third time Khanna has brought this bill to Congress, introducing it in 2020 and 2021. And experts, like Cody Harris, partner at San Francisco law firm Keker, Van Nest and Peters, find it hard to see a bill like this passing — at least right now, in 2023.\u003c/p>\n\u003cp>“We’re talking about the Constitution here. The Constitution can be amended,” Harris said at a recent town hall event focused on the Supreme Court, at Manny’s, a community space in San Francisco. “It’s been amended plenty of times and 27 times, and it could always be amended further: for good or ill.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://www.facebook.com/plugins/video.php?height=314&href=https%3A%2F%2Fwww.facebook.com%2Fwelcometomannys%2Fvideos%2F831600378368776%2F&show_text=false&width=560&t=5250\" width=\"800\" height=\"500\" style=\"border:none;overflow:hidden\" scrolling=\"no\" frameborder=\"0\" allowfullscreen=\"true\" allow=\"autoplay; clipboard-write; encrypted-media; picture-in-picture; web-share\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>“It’s very hard to amend the Constitution,” said Harris — but, he added, it’s “not impossible. And if enough states, enough people in enough states want to change some of this stuff, they can.” (Skip to 1:27:30 in the above Facebook Watch video to see a panel of legal experts, including Harris, debate this issue.)\u003c/p>\n\u003cp>Roth agrees with that perspective, not expecting Ro Khanna’s bill to advance with a Republican-controlled House at this tie.\u003c/p>\n\u003cp>“Republicans have said that they don’t want to reform the court, which is (what I) think is a a historical view. There have been Republicans in the past who have wanted to reform the court,” Roth said.\u003c/p>\n\u003cp>“But I still think it’s an important marker to put down to say, ‘Look, we shouldn’t have nine individuals with this much power for this long.’”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Controversial decisions by the Supreme Court in late June have dealt a blow to programs aimed at increasing \u003ca href=\"https://www.kqed.org/news/11954709/timeline-a-heated-history-of-affirmative-action-in-america\">racial diversity in college admissions\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11954743/supreme-court-rules-in-favor-of-christian-web-designer-who-denies-lgbtq-clients\">LGBTQ+ rights\u003c/a> and the ability of 43 million Americans to get some \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">relief from their student loan debt\u003c/a> — all a year after the high court overturned Roe v. Wade, eliminating the constitutional right to an abortion in the United States and leading to a flood of abortion restrictions and bans across the country.\u003c/p>\n\u003cp>The recent slew of decisions prompted a wave of criticism from liberals and supporters of diversity in higher education and the workplace — including \u003ca href=\"https://www.google.com/url?q=https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you&sa=D&source=docs&ust=1689028990768007&usg=AOvVaw0G7lqsvIXKTHU-9HKW4UiH\">Representative Barbara Lee (D-Calif.), who called the Supreme Court a “corrupt, right-wing court”\u003c/a> — and reignited long-standing calls for reforming the judicial branch.\u003c/p>\n\u003cp>California Representative Ro Khanna (D-Fremont) led the call by reintroducing the \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">Supreme Court Term Limits and Regular Appointments Act\u003c/a> on June 30, specifically prompted by the Supreme Court’s decision that blocked the Biden administration’s plan to forgive student loan debt.\u003c/p>\n\u003cp>Taking aim at the current lifetime tenure of Supreme Court justices, Khanna’s bill aims to \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">enact 18-year term limits for the justices and to “stop extreme partisanship”\u003c/a> in a court he described as “regressive.”\u003c/p>\n\u003cp>However, congressional reforms to the Supreme Court — called \u003ca href=\"https://fixthecourt.com/about-us/\">the least accountable branch of the United States’ government\u003c/a> by nonpartisan \u003ca href=\"https://fixthecourt.com/\">advocacy group Fix the Court\u003c/a> — is an uphill climb, given Republican control of the House and the reluctance of even some Democrats (and independents like Sen. Kyrsten Sinema) to tamper with Supreme Court policies.\u003c/p>\n\u003cp>Keep reading for what to know about Khanna’s bill, its possible chances of success and what to know about reforming the Supreme Court.\u003c/p>\n\u003ch2>Why don’t Supreme Court justices have term limits? Do other countries do this?\u003c/h2>\n\u003cp>The Constitution says that Supreme Court justices “shall hold their Offices during good Behaviour,” meaning they have a lifetime tenure “\u003ca href=\"https://www.supremecourt.gov/about/faq_general.aspx#:~:text=How%20long%20is%20the%20term,removed%20from%20office%20by%20impeachment.\">as long as they choose and can only be removed from office by impeachment\u003c/a>.” For example, former Justice Stephen G. Breyer retired at 83 last June, and had been on the Supreme Court since 1994. Ruth Bader Ginberg died at 87 in 2020, after serving for 27 years.\u003c/p>\n\u003cp>This is all \u003ca href=\"https://constitution.congress.gov/browse/article-3/#:~:text=Article%20III%20Judicial%20Branch&text=The%20judicial%20Power%20of%20the,to%20time%20ordain%20and%20establish.\">according to Article III of the U.S. Constitution\u003c/a>. And in drafting the Constitution, the framers harkened back to experiences with England and erratic decision-making from monarchs — according to Gabe Roth, executive director of Fix the Court, which \u003ca href=\"https://fixthecourt.com/about-us/\">advocates for non-ideological “fixes” that would make the Supreme Court more accountable\u003c/a>. (Roth says he’s discussed the term limits bill with Khanna for years, and was part of the recent reintroduction announcement.)\u003c/p>\n\u003cp>Roth explains that in the late 1700s, King George III himself was firing judges in United States colonies — which prompted state courts to write their own constitutions to say judges can hold their offices during good behavior. This line was then adopted in the U.S. Constitution.\u003c/p>\n\u003cp>“The U.S. is really different from other countries,” said Roth, “because our Constitution is so old, and it traces its roots to the 1700s.” The roots of our current Supreme Court situation lie, says Roth, with government dysfunction in England and this growing conflict between King George and the colonies. “And that’s — to me — not a great reason to maintain the practice of life tenure,” he said.\u003c/p>\n\u003cp>Roth notes that “most countries have a mandatory retirement age or a retention election or a term limit or some combination thereof.” For example, \u003ca href=\"https://www.brazilcounsel.com/blog/the-supreme-court-of-brazil#:~:text=Once%20appointed%2C%20Supreme%20Court%20justices,themselves%20to%20represent%20the%20court.\">the retirement age in Brazil\u003c/a>, \u003ca href=\"https://www.scc-csc.ca/contact/faq/qa-qr-eng.aspx#:~:text=A%20Judge%20holds%20office%20during,Senate%20and%20House%20of%20Commons.\">Canada\u003c/a> and \u003ca href=\"https://www.jcpc.uk/news/new-appointments-to-the-uks-top-appeal-court-2022.html#:~:text=Following%20the%20increase%20of%20the,re%2Dappointed%20as%20a%20Justice.\">the United Kingdom\u003c/a> is 75. In \u003ca href=\"https://collections.concourt.org.za/bitstream/handle/20.500.12144/3644/Third%20Amicus%20Curiae%20Heads%20of%20Argument-17086.pdf?sequence=12&isAllowed=y#:~:text=The%20words%20%E2%80%9CA%20Constitutional%20Court,or%20until%20they%20reach%2070\">South Africa (PDF)\u003c/a>, it’s 70. And \u003ca href=\"https://www.bundesverfassungsgericht.de/EN/Das-Gericht/Organisation/organisation_node.html#:~:text=A%20Justice's%20term%20of%20office,may%20not%20be%20re%2Delected.\">in Germany, it is 68 years old\u003c/a>.\u003c/p>\n\u003cp>Other democracies have reflections of increased life expectancy in the modern age and accumulation of power by judges, and needed ways to reduce those things by instituting term limits or mandatory retirement ages.\u003c/p>\n\u003cp>In contrast to the Supreme Court, \u003ca href=\"https://ballotpedia.org/Length_of_terms_of_state_supreme_court_justices\">almost all U.S. states have a mandatory retirement age\u003c/a> or retention election or term limit for its state court judges. “So the U.S. is not only an outlier globally — it’s an outlier within the various systems of the judiciary that are set up within the [U.S.],” Roth said.\u003c/p>\n\u003cfigure id=\"attachment_11955166\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11955166\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/AffirmativeActionRally01.jpg\" alt=\"Opposing protestors clash at a rally about the Supreme Court's ruling on affirmative action. One side of demonstrators hold signs that read, "Stop Discriminating on the Basis of Race," while others hold signs that read, "Diversity Opportunity Justice."\" width=\"1920\" height=\"1279\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/AffirmativeActionRally01-1536x1023.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Protesters for and against affirmative action rally on Capitol Hill in Washington, DC, on June 29. In a decision that split its conservative and liberal justices, the Supreme Court ruled that race-conscious admissions programs at Harvard University and the University of North Carolina were unconstitutional, setting a precedent for admissions at other universities and colleges. \u003ccite>(Anna Moneymaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>So, can a Supreme Court justice be impeached?\u003c/h2>\n\u003cp>Yes — but \u003ca href=\"https://www.supremecourt.gov/about/faq_general.aspx#:~:text=The%20only%20Justice%20to%20be,Have%20there%20always%20been%20nine%3F\">only one justice has ever been impeached\u003c/a>.\u003c/p>\n\u003cp>In 1805, the justice in question, \u003ca href=\"https://www.visitthecapitol.gov/artifact/us-v-samuel-chase-answer-samuel-chase-1805\">Samuel Chase, was under fire for partisan leanings\u003c/a> but was acquitted by the Senate. So he was never removed from office.\u003c/p>\n\u003cp>More recently, in 1965, Abe Fortas was a justice appointed by President Lyndon B. Johnson. In the following years, \u003ca href=\"https://www.oyez.org/justices/abe_fortas\">Fortas was accused of accepting money\u003c/a> from a financier and resigned in 1969.\u003c/p>\n\u003cp>Impeaching a Supreme Court justice, said Roth, is “the same process as impeaching and removing a president.”\u003c/p>\n\u003cp>“We need a majority of the House to impeach, which is like an indictment, essentially. And you need two-thirds of the Senate to vote to remove,” Roth explained.\u003c/p>\n\u003cp>“The lower court judges have been removed via impeachment for things like taking bribes or acting erratically in the courtroom,” he said. “But just given how partisan our country and our House and Senate are, I think it would be very difficult in the Senate … to get 67 senators to agree on anything, let alone removing a Supreme Court justice.”\u003c/p>\n\u003cp>“The way that Supreme Court justices are going to leave the court, I think it’s going to be mostly death or retirement and old age,” he said.\u003c/p>\n\u003ch2>Who is on the Supreme Court now?\u003c/h2>\n\u003cp>\u003ca href=\"https://www.supremecourt.gov/about/biographies.aspx\">There are nine justices on the Supreme Court\u003c/a>, most of whom were appointed by Republican presidents — one from George H.W. Bush, two from George W. Bush and three from Donald Trump. These justices are, in order of appointment, John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson.\u003c/p>\n\u003cp>The Court recently has also been facing controversies outside of its recent rulings. \u003ca href=\"https://www.propublica.org/series/supreme-court-scotus\">A series of investigations from ProPublica\u003c/a>, a nonprofit, non-partisan news organization, found conflicts of interest among several conservative justices who took lavish gifts from conservative activist donors. The articles specifically highlighted Clarence Thomas and Samuel Alito.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>What does Rep. Khanna’s bill propose for the Supreme Court?\u003c/h2>\n\u003cp>Rep. Ro Khanna’s bill aims to enact \u003ca href=\"https://khanna.house.gov/media/press-releases/khanna-and-beyer-reintroduce-scotus-term-limits-bill-following-court-blocking\">18-year terms on the Supreme Court justices to “restore judicial independence”\u003c/a> — after which justices could then continue their work on lower courts.\u003c/p>\n\u003cp>“Going forward, the bill would create a regular process to allow presidents to nominate a new justice to the Supreme Court every odd year — so two justices per four-year term,” Rep. Khanna said in \u003ca href=\"https://khanna.house.gov/media/editorials/rep-ro-khanna-how-term-limits-would-restore-stability-and-impartiality-supreme\">a release explaining a past iteration of the bill\u003c/a>. “Justices would no longer have an incentive to strategize and plan their retirements around whichever party holds the White House. The goal of this bill is to restore judicial independence and ensure that justices are not too far out of step with the current generation.”\u003c/p>\n\u003cp>“Our Founding Fathers intended for lifetime appointments to ensure impartiality,” Khanna said “The decision today (on student loans) demonstrates how justices have become partisan and out of step with the American public.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“For many Americans, the Supreme Court is a distant, secretive, unelected body that can make drastic changes in their lives without any accountability,” said co-sponsor Virginia Rep. Don Beyer. “I have long supported reforming the Supreme Court to limit terms to end lifetime tenures and ensure the court remains a fair and impartial arbiter of justice. Our bill would achieve this and help restore balance to a heavily politicized court.”\u003c/p>\n\u003cp>In a release, \u003ca href=\"https://khanna.house.gov/media/editorials/rep-ro-khanna-how-term-limits-would-restore-stability-and-impartiality-supreme\">Khanna said he was not worried about the 18-year limits further politicizing the court\u003c/a>, as some opponents claim.\u003c/p>\n\u003cp>“The regular appointment process will help judges rotate more frequently instead of justices waiting to retire based on which party controls the White House and holds a Senate majority,” he said. “Confirmation hearings will also become an expected and regular part of the process instead of a life-and-death partisan fight that only further erodes the public’s trust in the court.”\u003c/p>\n\u003cp>Fix the Court’s Roth says 18 years is a standard number referenced and debated among law experts.\u003c/p>\n\u003cp>“You have nine justices and new justices added every Congress, every two years. Nine times two is 18,” he explained, saying the 18-year plan became more popular during the recent 11-year period that saw no justice turnover from 1994 to 2005.\u003c/p>\n\u003ch2>Is there support for this kind of Supreme Court reform?\u003c/h2>\n\u003cp>A NPR/PBS NewsHour/Marist national poll from April shows \u003ca href=\"https://maristpoll.marist.edu/polls/medication-abortions-and-the-u-s-supreme-court/\">68% of Americans support term limits for Supreme Court justices\u003c/a>. In fact, a majority of Republicans, Independents and Democrats who responded to the poll all agreed that there should be term limits.\u003c/p>\n\u003cp>Currently, Khanna’s bill is supported by mostly Democrats, like California Rep. Rep. Barbara Lee and Michigan Rep. Rashida Tlaib. But term limits or some kind of Court reform have been a Republican talking point in the recent past, Roth said, citing essays written by \u003ca href=\"https://www.nationalaffairs.com/publications/detail/the-most-dangerous-branch\">Missouri Sen. Joshua Hawley\u003c/a> and \u003ca href=\"https://www.nationalreview.com/2015/06/ted-cruz-supreme-court-constitutional-amendment/\">Texas Sen. Ted Cruz\u003c/a>. In 2016, then-Republican presidential candidates \u003ca href=\"https://www.washingtonpost.com/news/wonk/wp/2016/02/13/why-its-time-to-get-serious-about-supreme-court-term-limits/\">Ben Carson, Mike Huckabee and Rand Paul also endorsed the idea\u003c/a>.\u003c/p>\n\u003cp>“Fast-forward nine years and now it’s only Democrats talking about term limits,” said Roth. “It’s interesting how the issue has been sort of flipped on its head from a partisan perspective.\u003c/p>\n\u003cp>“(But) this is an apolitical reform. There is no partisan balance to an 18-year term. It would apply to future justices that are appointed by Democratic presidents and Republican presidents alike.”\u003c/p>\n\u003cp>“Currently the bill is Democrats only, but there’s no reason it can’t be a bipartisan effort,” Roth said.\u003c/p>\n\u003cfigure id=\"attachment_11954754\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11954754\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut.jpg\" alt='A group of protesters hold signs reading \"Cancel Student Debt Now\" and \"End Student Debt\"' width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66659_GettyImages-1364803352-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Supporters of student debt forgiveness demonstrate outside the US Supreme Court on June 30, 2023, in Washington, DC. The court dealt President Joe Biden a significant political setback when it overruled his key program to cancel the student debt of millions of Americans. \u003ccite>(Olivier Douliery/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What are the arguments against SCOTUS term limits?\u003c/h2>\n\u003cp>In 2021, President Joe Biden formed a commission to discuss court reform. The commission was bipartisan and included former federal judges, practitioners and advocates. However, \u003ca href=\"https://www.wsj.com/articles/commission-approves-report-on-supreme-court-amid-partisan-differences-11638923592?mod=article_inline\">the commission did not have a consensus or recommendations for the court\u003c/a> in its final report, according to \u003cem>The Wall Street Journal\u003c/em>. \u003ca href=\"https://www.whitehouse.gov/wp-content/uploads/2021/12/SCOTUS-Report-Final-12.8.21-1.pdf\">Read the entire report here (PDF).\u003c/a>\u003c/p>\n\u003cp>One of the commissioners, Adam White, a senior fellow at the \u003ca href=\"https://www.c-span.org/organization/?2006/American-Enterprise-Institute\">conservative think tank The American Enterprise Institute\u003c/a>, said in a statement that \u003ca href=\"https://www.whitehouse.gov/wp-content/uploads/2021/12/White-Statement.pdf\">term limits were problematic “especially when they are intended to allocate appointments on the calendar of presidential terms” (PDF)\u003c/a>.\u003c/p>\n\u003cp>“By tying Supreme Court vacancies and appointments directly and exclusively to the outcomes of presidential elections, a term-limits framework would further corrode the appearance of judicial neutrality and independence, making the Court a spoil not just of politics, but of presidential politics exclusively,” he wrote.\u003c/p>\n\u003ch2>Is there a chance of Ro Khanna’s SCOTUS reform proposal actually passing?\u003c/h2>\n\u003cp>This is the third time Khanna has brought this bill to Congress, introducing it in 2020 and 2021. And experts, like Cody Harris, partner at San Francisco law firm Keker, Van Nest and Peters, find it hard to see a bill like this passing — at least right now, in 2023.\u003c/p>\n\u003cp>“We’re talking about the Constitution here. The Constitution can be amended,” Harris said at a recent town hall event focused on the Supreme Court, at Manny’s, a community space in San Francisco. “It’s been amended plenty of times and 27 times, and it could always be amended further: for good or ill.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://www.facebook.com/plugins/video.php?height=314&href=https%3A%2F%2Fwww.facebook.com%2Fwelcometomannys%2Fvideos%2F831600378368776%2F&show_text=false&width=560&t=5250\" width=\"800\" height=\"500\" style=\"border:none;overflow:hidden\" scrolling=\"no\" frameborder=\"0\" allowfullscreen=\"true\" allow=\"autoplay; clipboard-write; encrypted-media; picture-in-picture; web-share\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>“It’s very hard to amend the Constitution,” said Harris — but, he added, it’s “not impossible. And if enough states, enough people in enough states want to change some of this stuff, they can.” (Skip to 1:27:30 in the above Facebook Watch video to see a panel of legal experts, including Harris, debate this issue.)\u003c/p>\n\u003cp>Roth agrees with that perspective, not expecting Ro Khanna’s bill to advance with a Republican-controlled House at this tie.\u003c/p>\n\u003cp>“Republicans have said that they don’t want to reform the court, which is (what I) think is a a historical view. There have been Republicans in the past who have wanted to reform the court,” Roth said.\u003c/p>\n\u003cp>“But I still think it’s an important marker to put down to say, ‘Look, we shouldn’t have nine individuals with this much power for this long.’”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>After three years, the pandemic-era \u003ca href=\"https://apnews.com/article/student-loans-repayment-a6560bab75419007049cba34a30d6657\">freeze on student loan payments\u003c/a> will end soon. Student loan interest will start accruing on September 1 and payments are starting in October.\u003c/p>\n\u003cp>It might seem tempting to just keep not making payments, but the consequences can be severe, including a hit to your credit score and exclusion from future aid and benefits.\u003c/p>\n\u003cp>More than 40 million Americans will have to start making \u003ca href=\"https://apnews.com/article/student-loan-payment-pause-end-642276f724b30890669a60ea2c0bbfd5\">federal student loan payments\u003c/a> again at the end of the summer under the terms of a debt ceiling deal approved by Congress.\u003c/p>\n\u003cp>Millions are also waiting to find out \u003ca href=\"https://apnews.com/article/student-loan-forgiveness-supreme-court-hearing-2128da75fc27ff3bcc0c3804ebd98aa7\">whether the Supreme Court will allow President Joe Biden’s student loan forgiveness plan\u003c/a> to go ahead. But payments will resume regardless of what justices decide.\u003c/p>\n\u003cp>That means tough decisions for many borrowers, especially those in already-difficult financial situations.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[ad fullwidth]\u003c/span>\u003c/p>\n\u003cp>Experts say that delinquency and bankruptcy should be options of last resort and that deferment and forbearance — which pause payments, though interest may continue to accrue — are often better in the short term.\u003c/p>\n\u003ch2>What happens if I don’t make student loan payments?\u003c/h2>\n\u003cp>Once the moratorium ends, borrowers who can’t or don’t pay risk delinquency and eventually default. That can badly \u003ca href=\"https://apnews.com/article/business-0a536993ce494fc8d6fe2c5d637da5b5\">hurt your credit rating\u003c/a> and make you ineligible for additional aid and government benefits.\u003c/p>\n\u003cp>If you’re struggling to pay, advisers first encourage you to check whether you qualify for an income-driven repayment plan, which determines your payments by looking at your expenses. You can determine this by \u003ca href=\"https://studentaid.gov/manage-loans/repayment/plans/income-driven\">visiting the Federal Student Aid website\u003c/a>. If you’ve worked for a government agency or a nonprofit organization, you could also be eligible for the \u003ca href=\"https://apnews.com/article/pslf-public-service-loan-forgiveness-program-student-loans-e840af29f8879512199ed6fce226c722\">Public Service Loan Forgiveness program\u003c/a>, which forgives student debt after 10 years.\u003c/p>\n\u003cp>Carolina Rodriguez, director of the Education Debt Consumer Assistance Program at the Community Service Society of New York, emphasizes that anyone temporarily unemployed should be able to qualify for a $0 payment plan. And many others qualify based on income and family size.\u003c/p>\n\u003cp>“The repercussions of falling into delinquency can be pretty severe,” Rodriguez said. “The federal government can administratively intercept tax refunds and garnish wages. And it can affect Social Security, retirement and disability benefits. Does it make financial sense at that point? Probably not.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size=\"medium\" align=\"right\" citation=\"Carolina Rodriguez, director, Education Debt Consumer Assistance Program\"]‘The federal government can administratively intercept tax refunds and garnish wages. And it can affect Social Security, retirement and disability benefits.’[/pullquote]\u003c/span>\u003c/p>\n\u003cp>Rodriguez says her organization always advises against deferment or forbearance except once a borrower has exhausted all other options. In the long term, those financial choices offer little benefit, as some loans will continue to accrue interest while deferred.\u003c/p>\n\u003cp>Abby Shafroth, senior attorney and director of the Student Loan Borrowers Assistance Project at the National Consumer Law Center, said that, of the two, deferment is generally a better option.\u003c/p>\n\u003cp>That’s because interest generally does not accrue on direct subsidized loans, the subsidized portion of direct consolidation loans, subsidized federal Stafford loans, the subsidized portion of federal family education (FFEL) consolidation loans, and federal Perkins loans. All other federal student loans that are deferred will continue to accrue interest.\u003c/p>\n\u003cp>“Forbearance allows you to postpone payments without it being held against you, but interest does accrue. So you’re going to see your balance increase every month.”\u003c/p>\n\u003ch2>What about declaring bankruptcy?\u003c/h2>\n\u003cp>For most student loan borrowers, it’s still very difficult to have loans discharged, or canceled, through bankruptcy. Borrowers must prove a very hard standard of financial circumstances, called “undue hardship.”\u003c/p>\n\u003cp>“That doesn’t mean people shouldn’t look into it,” Rodriguez said. “But they may not be successful at discharging their loans.”\u003c/p>\n\u003cp>For borrowers who show that level of financial strain, chances are they have other options, Rodriguez said.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside postID=news_11946600 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS34524_GettyImages-494862297-qut-1020x680.jpg']\u003c/span>\u003c/p>\n\u003cp>She advises that borrowers make sure they are speaking to a bankruptcy attorney who understands student loan bankruptcy, which requires a different proceeding from other types of bankruptcy.\u003c/p>\n\u003cp>Shafroth, of the NCLC, says that new guidance on student loan bankruptcy has been coming out in recent years.\u003c/p>\n\u003cp>“Though it is difficult to get your loans discharged through the bankruptcy process, an increasing number of borrowers are eligible to get their loans discharged that way,” she said. “A lot of people write that off as, ‘There’s no way, it’s impossible.’ But it’s increasingly possible.”\u003c/p>\n\u003ch2>What happens when a loan goes into default?\u003c/h2>\n\u003cp>When you fall behind on a loan by 270 days — roughly nine months — the loan appears on your credit report as being in default.\u003c/p>\n\u003cp>“At that point, it’s not just behind, it’s in collections,” Shafroth said. “That’s when you become ineligible to take out new federal student aid. A lot of people go into default because they weren’t able to complete their degree the first time. This prevents them from going back to school.”\u003c/p>\n\u003cp>Once a loan is in default, it’s subject to the collections processes mentioned above. That means the government can garnish wages (without a court order) to go toward paying back the loan, intercept tax refunds and seize portions of Social Security checks and other benefit payments.\u003c/p>\n\u003ch2>What are other options if I can’t make payments?\u003c/h2>\n\u003cp>Shafroth said that many borrowers may still be eligible to have loans canceled via a patchwork of programs outside the Biden administration’s proposed debt relief program.\u003c/p>\n\u003cp>“If your school closed before you could complete your program, you’re eligible for relief. If your school lied to you or misrepresented the outcome of what your enrolling would be, you can file a borrower defense application and request your loan be canceled on that basis,” she said. “If you have a disability, you can sometimes have your loans canceled on that basis.”\u003c/p>\n\u003cp>Shafroth encourages borrowers to look at the\u003ca href=\"https://studentaid.gov/\"> Federal Student Aid website\u003c/a> to see what their options might be before missing payments.\u003c/p>\n\u003ch2>What if my loans were in default before March 2020?\u003c/h2>\n\u003cp>Under the Biden administration’s \u003ca href=\"https://studentaid.gov/announcements-events/default-fresh-start\">Fresh Start program\u003c/a>, borrowers with federal student loans who were in default before the pause have a chance to become current.\u003cspan style=\"font-weight: 400\">[aside label='More Stories on Education' tag='college-students']\u003c/span>Borrowers who were in default will not be subject to collections processes or have wages garnished through about August 2024, or roughly one year after the payment freeze ends. These borrowers have also been granted permission to apply for federal student loans again, to complete degrees. Lastly, these defaulted loans are now being reported to credit bureaus as current.\u003c/p>\n\u003cp>That said, borrowers must take action if they want to stay out of default after this year-long leniency period ends.\u003c/p>\n\u003cp>To eliminate your record of default, you should contact the Education Department’s Default Resolution Group online, by phone or by mail, and ask the group to take the loans out of default via the Fresh Start policy. In four to six weeks, any record of default will be removed from your credit report, and the loans will be placed with a loan servicer. This will also give you access to income-driven repayment plans and Public Service Loan Forgiveness, if applicable.\u003c/p>\n\u003ch2>What if I was behind on payments or delinquent before March 2020?\u003c/h2>\n\u003cp>The Fresh Start program also applies to borrowers who were delinquent prior to the payment pause. Those accounts will be considered current, and borrowers will have the option to enroll in income-driven repayment plans that can lower bills to as little as $0 or to apply for deferment, forbearance or bankruptcy.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After three years, the pandemic-era \u003ca href=\"https://apnews.com/article/student-loans-repayment-a6560bab75419007049cba34a30d6657\">freeze on student loan payments\u003c/a> will end soon. Student loan interest will start accruing on September 1 and payments are starting in October.\u003c/p>\n\u003cp>It might seem tempting to just keep not making payments, but the consequences can be severe, including a hit to your credit score and exclusion from future aid and benefits.\u003c/p>\n\u003cp>More than 40 million Americans will have to start making \u003ca href=\"https://apnews.com/article/student-loan-payment-pause-end-642276f724b30890669a60ea2c0bbfd5\">federal student loan payments\u003c/a> again at the end of the summer under the terms of a debt ceiling deal approved by Congress.\u003c/p>\n\u003cp>Millions are also waiting to find out \u003ca href=\"https://apnews.com/article/student-loan-forgiveness-supreme-court-hearing-2128da75fc27ff3bcc0c3804ebd98aa7\">whether the Supreme Court will allow President Joe Biden’s student loan forgiveness plan\u003c/a> to go ahead. But payments will resume regardless of what justices decide.\u003c/p>\n\u003cp>That means tough decisions for many borrowers, especially those in already-difficult financial situations.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>Experts say that delinquency and bankruptcy should be options of last resort and that deferment and forbearance — which pause payments, though interest may continue to accrue — are often better in the short term.\u003c/p>\n\u003ch2>What happens if I don’t make student loan payments?\u003c/h2>\n\u003cp>Once the moratorium ends, borrowers who can’t or don’t pay risk delinquency and eventually default. That can badly \u003ca href=\"https://apnews.com/article/business-0a536993ce494fc8d6fe2c5d637da5b5\">hurt your credit rating\u003c/a> and make you ineligible for additional aid and government benefits.\u003c/p>\n\u003cp>If you’re struggling to pay, advisers first encourage you to check whether you qualify for an income-driven repayment plan, which determines your payments by looking at your expenses. You can determine this by \u003ca href=\"https://studentaid.gov/manage-loans/repayment/plans/income-driven\">visiting the Federal Student Aid website\u003c/a>. If you’ve worked for a government agency or a nonprofit organization, you could also be eligible for the \u003ca href=\"https://apnews.com/article/pslf-public-service-loan-forgiveness-program-student-loans-e840af29f8879512199ed6fce226c722\">Public Service Loan Forgiveness program\u003c/a>, which forgives student debt after 10 years.\u003c/p>\n\u003cp>Carolina Rodriguez, director of the Education Debt Consumer Assistance Program at the Community Service Society of New York, emphasizes that anyone temporarily unemployed should be able to qualify for a $0 payment plan. And many others qualify based on income and family size.\u003c/p>\n\u003cp>“The repercussions of falling into delinquency can be pretty severe,” Rodriguez said. “The federal government can administratively intercept tax refunds and garnish wages. And it can affect Social Security, retirement and disability benefits. Does it make financial sense at that point? Probably not.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "‘The federal government can administratively intercept tax refunds and garnish wages. And it can affect Social Security, retirement and disability benefits.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>Rodriguez says her organization always advises against deferment or forbearance except once a borrower has exhausted all other options. In the long term, those financial choices offer little benefit, as some loans will continue to accrue interest while deferred.\u003c/p>\n\u003cp>Abby Shafroth, senior attorney and director of the Student Loan Borrowers Assistance Project at the National Consumer Law Center, said that, of the two, deferment is generally a better option.\u003c/p>\n\u003cp>That’s because interest generally does not accrue on direct subsidized loans, the subsidized portion of direct consolidation loans, subsidized federal Stafford loans, the subsidized portion of federal family education (FFEL) consolidation loans, and federal Perkins loans. All other federal student loans that are deferred will continue to accrue interest.\u003c/p>\n\u003cp>“Forbearance allows you to postpone payments without it being held against you, but interest does accrue. So you’re going to see your balance increase every month.”\u003c/p>\n\u003ch2>What about declaring bankruptcy?\u003c/h2>\n\u003cp>For most student loan borrowers, it’s still very difficult to have loans discharged, or canceled, through bankruptcy. Borrowers must prove a very hard standard of financial circumstances, called “undue hardship.”\u003c/p>\n\u003cp>“That doesn’t mean people shouldn’t look into it,” Rodriguez said. “But they may not be successful at discharging their loans.”\u003c/p>\n\u003cp>For borrowers who show that level of financial strain, chances are they have other options, Rodriguez said.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>She advises that borrowers make sure they are speaking to a bankruptcy attorney who understands student loan bankruptcy, which requires a different proceeding from other types of bankruptcy.\u003c/p>\n\u003cp>Shafroth, of the NCLC, says that new guidance on student loan bankruptcy has been coming out in recent years.\u003c/p>\n\u003cp>“Though it is difficult to get your loans discharged through the bankruptcy process, an increasing number of borrowers are eligible to get their loans discharged that way,” she said. “A lot of people write that off as, ‘There’s no way, it’s impossible.’ But it’s increasingly possible.”\u003c/p>\n\u003ch2>What happens when a loan goes into default?\u003c/h2>\n\u003cp>When you fall behind on a loan by 270 days — roughly nine months — the loan appears on your credit report as being in default.\u003c/p>\n\u003cp>“At that point, it’s not just behind, it’s in collections,” Shafroth said. “That’s when you become ineligible to take out new federal student aid. A lot of people go into default because they weren’t able to complete their degree the first time. This prevents them from going back to school.”\u003c/p>\n\u003cp>Once a loan is in default, it’s subject to the collections processes mentioned above. That means the government can garnish wages (without a court order) to go toward paying back the loan, intercept tax refunds and seize portions of Social Security checks and other benefit payments.\u003c/p>\n\u003ch2>What are other options if I can’t make payments?\u003c/h2>\n\u003cp>Shafroth said that many borrowers may still be eligible to have loans canceled via a patchwork of programs outside the Biden administration’s proposed debt relief program.\u003c/p>\n\u003cp>“If your school closed before you could complete your program, you’re eligible for relief. If your school lied to you or misrepresented the outcome of what your enrolling would be, you can file a borrower defense application and request your loan be canceled on that basis,” she said. “If you have a disability, you can sometimes have your loans canceled on that basis.”\u003c/p>\n\u003cp>Shafroth encourages borrowers to look at the\u003ca href=\"https://studentaid.gov/\"> Federal Student Aid website\u003c/a> to see what their options might be before missing payments.\u003c/p>\n\u003ch2>What if my loans were in default before March 2020?\u003c/h2>\n\u003cp>Under the Biden administration’s \u003ca href=\"https://studentaid.gov/announcements-events/default-fresh-start\">Fresh Start program\u003c/a>, borrowers with federal student loans who were in default before the pause have a chance to become current.\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>Borrowers who were in default will not be subject to collections processes or have wages garnished through about August 2024, or roughly one year after the payment freeze ends. These borrowers have also been granted permission to apply for federal student loans again, to complete degrees. Lastly, these defaulted loans are now being reported to credit bureaus as current.\u003c/p>\n\u003cp>That said, borrowers must take action if they want to stay out of default after this year-long leniency period ends.\u003c/p>\n\u003cp>To eliminate your record of default, you should contact the Education Department’s Default Resolution Group online, by phone or by mail, and ask the group to take the loans out of default via the Fresh Start policy. In four to six weeks, any record of default will be removed from your credit report, and the loans will be placed with a loan servicer. This will also give you access to income-driven repayment plans and Public Service Loan Forgiveness, if applicable.\u003c/p>\n\u003ch2>What if I was behind on payments or delinquent before March 2020?\u003c/h2>\n\u003cp>The Fresh Start program also applies to borrowers who were delinquent prior to the payment pause. Those accounts will be considered current, and borrowers will have the option to enroll in income-driven repayment plans that can lower bills to as little as $0 or to apply for deferment, forbearance or bankruptcy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "SF, San José Mayors Push to Fund Shelters as Pressure Builds on Encampments",
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"content": "\u003cp>A growing number of California mayors are pushing for a realignment of homelessness spending \u003ca href=\"https://www.kqed.org/news/11952913/san-jose-council-approves-modest-shift-toward-temporary-homeless-housing\">toward shelters and temporary housing\u003c/a> in the face of political pressure to clear encampments and deliver visible reductions of people experiencing homelessness.\u003c/p>\n\u003cp>But that shift has a trade-off: In a world of limited and often dwindling local dollars, more money for short-term solutions means less funding for permanent housing.\u003c/p>\n\u003cp>This dynamic has led to pitched budget battles this month in the Bay Area’s two largest cities, with Mayors London Breed in San Francisco and Matt Mahan in San José pushing for more voter-approved homelessness dollars to go toward temporary housing.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[ad fullwidth]\u003c/span>\u003c/p>\n\u003cp>The mayors are grappling with the legal reality that making housing available is a prerequisite for clearing tents — and they are bolstered by advancements in the quality of temporary shelters they can offer residents living on the street.\u003c/p>\n\u003cp>“We certainly need housing at all levels of affordability that will require public subsidy — not disagreeing with any of that,” said Mahan, who was dealt a setback this week \u003ca href=\"https://www.kqed.org/news/11952913/san-jose-council-approves-modest-shift-toward-temporary-homeless-housing\">when his homelessness spending plan was voted down\u003c/a> by the city council.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size=\"medium\" align=\"right\" citation=\"San Francisco Mayor London Breed\"]‘The goal is to shift it towards what the needs are. And so that includes housing, it includes shelter because we need to immediately get people into a place to help decide where they belong.’[/pullquote]\u003c/span>\u003c/p>\n\u003cp>“But as long as we have thousands of people living and literally dying on our streets, I think we have to lean into the faster-to-deploy, more cost-effective solutions for getting people into a safe, managed environment with the privacy and stability that they need to take advantage of supportive services,” he said.\u003c/p>\n\u003cp>The pressures driving this pivot are familiar to mayors across the state and the nation. Thousands of unsheltered residents are suffering and dying on city sidewalks, and \u003ca href=\"https://www.ppic.org/blog/homeless-populations-are-rising-around-california/\">homelessness in California has risen since the pandemic at a higher rate than elsewhere in the country\u003c/a>.\u003c/p>\n\u003cp>For Breed, the shift is a political response to worsening street conditions. In her budget reveal at the end of May, she proposed a controversial move to help fund temporary shelters for unhoused adults by reallocating funding meant to build housing for families and young adults.\u003c/p>\n\u003cp>“The goal is to shift it towards what the needs are. And so that includes housing, it includes shelter because we need to immediately get people into a place to help decide where they belong,” Breed said.\u003c/p>\n\u003cfigure id=\"attachment_11953071\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11953071\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut.jpg\" alt=\"A woman with brown hair and a light blue dress stands with her hands folded in front of her. She is looking toward the left. She is standing in front of San Francisco's City Hall building listening to a speech.\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-1536x1022.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Mayor London Breed at San Francisco City Hall on Dec. 1, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In Los Angeles, Mayor Karen Bass defeated a more pro-shelter opponent in last year’s mayoral election. But she has turned to temporary units and hotels as a way to ameliorate street homelessness.\u003c/p>\n\u003cp>In Sacramento, city officials are scrambling to implement a voter-approved measure requiring a certain level of shelter capacity. And hours after San José’s vote, the city council in San Diego approved \u003ca href=\"https://www.sandiegouniontribune.com/news/homelessness/story/2023-06-13/study-shows-san-diego-falls-far-short-of-shelter-beds-needed-to-house-homeless-people\">an encampment ban that will necessitate an expansion of shelter beds\u003c/a>.\u003c/p>\n\u003cp>“We are seeing interest in the quick-build, particularly, because I think to really address the dangerous encampments, to try to do it as quickly as possible, you need this kind of mid-term or interim approach,” said Michael Lane, state policy director at SPUR, a Bay Area think tank.\u003c/p>\n\u003cp>“I think that’s why you’re seeing some of these fights at the local level, because that is a relatively new development over the past few years to really say, yes, we need all of this,” he said.\u003c/p>\n\u003cp>Lane shares in the consensus that cities need investments in permanent as well as temporary housing. But debates in San José and San Francisco have centered on limited pools of tax dollars dedicated to reducing homelessness.\u003cspan style=\"font-weight: 400\">[aside postID=news_11952870 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/02/RS41773_007_KQED_HousingSanFrancisco_02102020_2898-qut-1020x680.jpg']\u003c/span>In that context, a dollar spent paying for an affordable apartment complex can’t be used for a shelter bed. And then, there’s the politics: Both Mahan and Breed are up for reelection next year and face “tremendous pressure” to ensure their city streets are clear of homelessness, Lane said.\u003c/p>\n\u003cp>On Tuesday, Mahan’s homelessness spending plan ran into heavy opposition from members of the city council, who \u003ca href=\"https://www.kqed.org/news/11952913/san-jose-council-approves-modest-shift-toward-temporary-homeless-housing\">instead opted to approve a more modest reallocation toward temporary beds\u003c/a>. Nevertheless, Mahan said that conversations with fellow mayors have led him to believe a broader “rebalancing” of homelessness spending priorities is underway.\u003c/p>\n\u003cp>“I believe this is a trend across the state,” he said. “I suspect that we will see federal, state and county sources shift toward the solutions that are faster and more cost-effective and help us scale solutions.”\u003c/p>\n\u003cp>Also informing the mayors’ moves: the changing nature of shelter beds and the length of time people can stay in them.\u003c/p>\n\u003cp>San José has opened six interim housing sites that bear little resemblance to traditional congregate shelters. Instead of a cot in a large room, residents of the city’s emergency interim housing units can stay for months — and sometimes longer — in a prefabricated apartment, often with a private bathroom and on-site supportive services. When Breed announced her homelessness funding plan in May, she did so at the site of a tiny-home village on Gough Street.\u003c/p>\n\u003ch2>\u003cstrong>San Francisco mayor looks to redirect money for youth\u003c/strong>\u003c/h2>\n\u003cp>In San Francisco, the permanent housing funds that Breed wants to tap come from a hard-fought pot of money intended for youth and families.\u003c/p>\n\u003cp>The 2018 ballot measure known as Proposition C, the Our City, Our Home tax, got just under a two-thirds majority vote to pass, opening it up to legal challenge — even after the effort got major financial backing from Salesforce CEO Marc Benioff. The measure eventually won out, and it taxes businesses making more than $50 million to raise an expected $300 million annually, half of which was earmarked for permanent housing by voter mandate.\u003c/p>\n\u003cp>Facing a $780 million budget shortfall over the next two years, however, Breed’s new budget proposes the city reallocate roughly $60 million of Proposition C funding over the next two years — money that was intended to build permanent homes for young people age 18–24 who are experiencing homelessness, or families with children.\u003c/p>\n\u003cp>Now, that funding may pay for the expansion of hours at two city homeless shelters, add 350 slots for temporary rental assistance and 75 units of supportive housing for adults, maintain the operation of a program helping people who live in oversize RVs to repair their vehicles, and to help fund a Bayview small-cabin shelter site.\u003c/p>\n\u003cp>Sherilyn Adams, executive director of Larkin Street Youth Services, a service provider focused on unhoused youth, said the city already under-spends on young people as well as “transitional age youth,” who are between 18 and 25.[pullquote size=\"medium\" align=\"right\" citation=\"Sherilyn Adams, executive director, Larkin Street Youth Services\"]‘The reason there are people living outside is because we have insufficient housing stock for young people. That only gets worse if we don’t bring on any new interventions.’[/pullquote]There were roughly 1,100 people under 25 years old living on San Francisco’s streets during the last point-in-time count.\u003c/p>\n\u003cp>“The reason there are people living outside is because we have insufficient housing stock for young people. That only gets worse if we don’t bring on any new interventions” like building more housing, Adams said.\u003c/p>\n\u003cp>On \u003ca href=\"https://www.kqed.org/forum/2010101893348/s-f-mayor-london-breed-on-how-to-prevent-an-economic-doom-loop-and-her-new-budget\">KQED’s Forum in early June\u003c/a>, Breed defended her budget reallocation, saying there aren’t any sites in San Francisco that have been identified yet to build housing for transitional-age youth. But Adams said that’s an easily fixable problem.\u003c/p>\n\u003cp>“Not having a building identified for transition-aged youth, so that they could allocate or use the existing Prop. C funds, does not mean that there’s not young people sleeping outside. It means you didn’t find a building. Unallocated is not the same as unneeded,” Adams said.\u003c/p>\n\u003ch2>\u003cstrong>Legal and national pressures on mayors \u003c/strong>\u003c/h2>\n\u003cp>Part of the push for California mayors to favor shelters over permanent housing is the result of legal constraints. The \u003ca href=\"https://www.vox.com/23748522/tent-encampments-martin-boise-homelessness-housing\">2018 Martin v. City of Boise federal appeals court decision\u003c/a> bars locales from clearing out tent encampments if they don’t have enough shelter to offer.\u003c/p>\n\u003cp>San Francisco doesn’t have enough shelter placements for the number of people experiencing homelessness in the city, which in December prompted U.S. Magistrate Judge Donna M. Ryu to place an \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">injunction against encampment sweeps\u003c/a>.\u003cspan style=\"font-weight: 400\">[pullquote size=\"medium\" align=\"right\" citation=\"Eric Tars, legal director, National Homelessness Law Center\"]‘When you have that increased street homelessness, in particular, you get this pressure for increased short-term, quick-fix kind of solutions. People want folks out of sight, out of mind.’[/pullquote]\u003c/span>Building more temporary shelters, then, is a pathway to gain the legal go-ahead to conduct more encampment sweeps.\u003c/p>\n\u003cp>So while California is home to 30% of the U.S. unhoused population, the shift in funding allocation to favor temporary shelter is a national one.\u003c/p>\n\u003cp>Eric Tars, legal director of the National Homelessness Law Center, said in addition to the push being seen in Democratic California cities, many red states are contemplating the adoption of model legislation to put more funding toward short-term housing.\u003c/p>\n\u003cp>“When you have that increased street homelessness, in particular, you get this pressure for increased short-term, quick-fix kind of solutions. People want folks out of sight, out of mind. And so our elected officials are under pressure to kind of get those quick results,” Tars said.\u003c/p>\n\u003cp>While he doesn’t think shelters are unnecessary — far from it — he does think the budget reallocations are shortsighted, and will actually increase homelessness rates in the long term.\u003c/p>\n\u003ch2>\u003cstrong>Budget challenges ahead sharpen the debate\u003c/strong>\u003c/h2>\n\u003cp>Advocates involved in homelessness policy expect the tug-of-war between permanent and temporary housing to intensify — infusing future debates over shrinking local budgets and any attempts to bolster city coffers with new tax or bond money.\u003c/p>\n\u003cp>In San Francisco, long-term budget projections are far from rosy. The Mayor’s Office confirmed its budget proposal still has structural deficits that will remain in future years and has large amounts of deficits plugged by one-time funding sources. The San Francisco Board of Supervisors is expected to debate the budget with the mayor throughout June and put forward a compromise budget proposal by July.\u003c/p>\n\u003cfigure id=\"attachment_11953073\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11953073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS61499_IMG_4613-qut.jpg\" alt='A man with a beard wearing a suit and tie stands behind a podium labeled, \"San José Capital of Silicon Valley.\" He is surrounded by people holding various signs. Some read, \"Protect our Democracy.\"' width=\"1920\" height=\"1182\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-800x493.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-1020x628.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-160x99.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-1536x946.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">San José Mayor Matt Mahan said that conversations with fellow mayors have led him to believe a broader ‘rebalancing’ of homelessness spending priorities is underway. ‘I believe this is a trend across the state,’ he said. ‘I suspect that we will see federal, state and county sources shift toward the solutions that are faster and more cost-effective and help us scale solutions.’ \u003ccite>(Guy Marzorati/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The debate over homelessness spending in San José hinged on money created by Measure E, a voter-approved tax on expensive home sales in the city. Mahan proposed spending $40 million in Measure E funds on short-term solutions such as prefabricated homes and parking lots for RV dwellers. When that plan was voted down, he joined a council majority to support putting $29 million toward those interim programs — leaving the largest share of city homelessness dollars for permanent housing.\u003cspan style=\"font-weight: 400\">[aside label='More Stories on the Unhoused Community' tag='unhoused']\u003c/span>David Low, director of policy and communications for the nonprofit Destination: Home, said those funds are vital for the half-dozen permanent affordable housing projects awaiting Measure E funding next year.\u003c/p>\n\u003cp>“We have affordable housing projects ready to go, and without that funding, we will see further delays, increased costs, at a time we can afford neither, or the very serious risk that some of these projects will all fall apart together,” said Low, a former senior adviser to San José’s previous mayor, Sam Liccardo. “So it’s that real-world trade-off and that real-world opportunity we have to build more affordable housing that we don’t want to lose.”\u003c/p>\n\u003cp>Those trade-offs are likely to dominate future budget discussions across the region and state, particularly as cities grapple with diminished general fund resources, said Lane, with SPUR.\u003c/p>\n\u003cp>The push and pull between permanent and temporary housing will animate discussions about state housing aid from the Legislature and Gov. Gavin Newsom. And the fight could be a key factor in determining the shape of a regional housing bond that could go before Bay Area voters next year.\u003c/p>\n\u003cp>“To show that we actually have a way that we can move people from off the streets ultimately into permanent affordable housing … interim and mid-term types of solutions have to be a key part of that,” Lane said. “And I think that the voters will expect to see that as well.”\u003c/p>\n\u003cp>Tomiquia Moss, CEO of the nonprofit All Home, sees the injection of new revenue as an opportunity to break the growing homelessness policy binary. Her organization works with elected officials, businesses and nonprofits across the Bay Area to promote regional strategies to reduce homelessness. At the core is a belief in concurrent investments in both temporary and permanent housing, in addition to aid for renters.\u003c/p>\n\u003cp>Tax and bond measures are no easy lift, particularly across a nine-county region. But Moss, who previously worked for Mayors Ed Lee in San Francisco and Libby Schaaf in Oakland, said such an initiative could unlock that full portfolio of solutions — and unite the factions of homelessness spending around a single cause.\u003c/p>\n\u003cp>“That, to me, is where you are growing the pie,” Moss added. “You are not robbing Peter to pay Paul. You are increasing resources for the entire region.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A growing number of California mayors are pushing for a realignment of homelessness spending \u003ca href=\"https://www.kqed.org/news/11952913/san-jose-council-approves-modest-shift-toward-temporary-homeless-housing\">toward shelters and temporary housing\u003c/a> in the face of political pressure to clear encampments and deliver visible reductions of people experiencing homelessness.\u003c/p>\n\u003cp>But that shift has a trade-off: In a world of limited and often dwindling local dollars, more money for short-term solutions means less funding for permanent housing.\u003c/p>\n\u003cp>This dynamic has led to pitched budget battles this month in the Bay Area’s two largest cities, with Mayors London Breed in San Francisco and Matt Mahan in San José pushing for more voter-approved homelessness dollars to go toward temporary housing.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>The mayors are grappling with the legal reality that making housing available is a prerequisite for clearing tents — and they are bolstered by advancements in the quality of temporary shelters they can offer residents living on the street.\u003c/p>\n\u003cp>“We certainly need housing at all levels of affordability that will require public subsidy — not disagreeing with any of that,” said Mahan, who was dealt a setback this week \u003ca href=\"https://www.kqed.org/news/11952913/san-jose-council-approves-modest-shift-toward-temporary-homeless-housing\">when his homelessness spending plan was voted down\u003c/a> by the city council.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "‘The goal is to shift it towards what the needs are. And so that includes housing, it includes shelter because we need to immediately get people into a place to help decide where they belong.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>“But as long as we have thousands of people living and literally dying on our streets, I think we have to lean into the faster-to-deploy, more cost-effective solutions for getting people into a safe, managed environment with the privacy and stability that they need to take advantage of supportive services,” he said.\u003c/p>\n\u003cp>The pressures driving this pivot are familiar to mayors across the state and the nation. Thousands of unsheltered residents are suffering and dying on city sidewalks, and \u003ca href=\"https://www.ppic.org/blog/homeless-populations-are-rising-around-california/\">homelessness in California has risen since the pandemic at a higher rate than elsewhere in the country\u003c/a>.\u003c/p>\n\u003cp>For Breed, the shift is a political response to worsening street conditions. In her budget reveal at the end of May, she proposed a controversial move to help fund temporary shelters for unhoused adults by reallocating funding meant to build housing for families and young adults.\u003c/p>\n\u003cp>“The goal is to shift it towards what the needs are. And so that includes housing, it includes shelter because we need to immediately get people into a place to help decide where they belong,” Breed said.\u003c/p>\n\u003cfigure id=\"attachment_11953071\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11953071\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut.jpg\" alt=\"A woman with brown hair and a light blue dress stands with her hands folded in front of her. She is looking toward the left. She is standing in front of San Francisco's City Hall building listening to a speech.\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS52736_023_SanFrancisco_OmicronPressConference_12012021-qut-1536x1022.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Mayor London Breed at San Francisco City Hall on Dec. 1, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In Los Angeles, Mayor Karen Bass defeated a more pro-shelter opponent in last year’s mayoral election. But she has turned to temporary units and hotels as a way to ameliorate street homelessness.\u003c/p>\n\u003cp>In Sacramento, city officials are scrambling to implement a voter-approved measure requiring a certain level of shelter capacity. And hours after San José’s vote, the city council in San Diego approved \u003ca href=\"https://www.sandiegouniontribune.com/news/homelessness/story/2023-06-13/study-shows-san-diego-falls-far-short-of-shelter-beds-needed-to-house-homeless-people\">an encampment ban that will necessitate an expansion of shelter beds\u003c/a>.\u003c/p>\n\u003cp>“We are seeing interest in the quick-build, particularly, because I think to really address the dangerous encampments, to try to do it as quickly as possible, you need this kind of mid-term or interim approach,” said Michael Lane, state policy director at SPUR, a Bay Area think tank.\u003c/p>\n\u003cp>“I think that’s why you’re seeing some of these fights at the local level, because that is a relatively new development over the past few years to really say, yes, we need all of this,” he said.\u003c/p>\n\u003cp>Lane shares in the consensus that cities need investments in permanent as well as temporary housing. But debates in San José and San Francisco have centered on limited pools of tax dollars dedicated to reducing homelessness.\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>In that context, a dollar spent paying for an affordable apartment complex can’t be used for a shelter bed. And then, there’s the politics: Both Mahan and Breed are up for reelection next year and face “tremendous pressure” to ensure their city streets are clear of homelessness, Lane said.\u003c/p>\n\u003cp>On Tuesday, Mahan’s homelessness spending plan ran into heavy opposition from members of the city council, who \u003ca href=\"https://www.kqed.org/news/11952913/san-jose-council-approves-modest-shift-toward-temporary-homeless-housing\">instead opted to approve a more modest reallocation toward temporary beds\u003c/a>. Nevertheless, Mahan said that conversations with fellow mayors have led him to believe a broader “rebalancing” of homelessness spending priorities is underway.\u003c/p>\n\u003cp>“I believe this is a trend across the state,” he said. “I suspect that we will see federal, state and county sources shift toward the solutions that are faster and more cost-effective and help us scale solutions.”\u003c/p>\n\u003cp>Also informing the mayors’ moves: the changing nature of shelter beds and the length of time people can stay in them.\u003c/p>\n\u003cp>San José has opened six interim housing sites that bear little resemblance to traditional congregate shelters. Instead of a cot in a large room, residents of the city’s emergency interim housing units can stay for months — and sometimes longer — in a prefabricated apartment, often with a private bathroom and on-site supportive services. When Breed announced her homelessness funding plan in May, she did so at the site of a tiny-home village on Gough Street.\u003c/p>\n\u003ch2>\u003cstrong>San Francisco mayor looks to redirect money for youth\u003c/strong>\u003c/h2>\n\u003cp>In San Francisco, the permanent housing funds that Breed wants to tap come from a hard-fought pot of money intended for youth and families.\u003c/p>\n\u003cp>The 2018 ballot measure known as Proposition C, the Our City, Our Home tax, got just under a two-thirds majority vote to pass, opening it up to legal challenge — even after the effort got major financial backing from Salesforce CEO Marc Benioff. The measure eventually won out, and it taxes businesses making more than $50 million to raise an expected $300 million annually, half of which was earmarked for permanent housing by voter mandate.\u003c/p>\n\u003cp>Facing a $780 million budget shortfall over the next two years, however, Breed’s new budget proposes the city reallocate roughly $60 million of Proposition C funding over the next two years — money that was intended to build permanent homes for young people age 18–24 who are experiencing homelessness, or families with children.\u003c/p>\n\u003cp>Now, that funding may pay for the expansion of hours at two city homeless shelters, add 350 slots for temporary rental assistance and 75 units of supportive housing for adults, maintain the operation of a program helping people who live in oversize RVs to repair their vehicles, and to help fund a Bayview small-cabin shelter site.\u003c/p>\n\u003cp>Sherilyn Adams, executive director of Larkin Street Youth Services, a service provider focused on unhoused youth, said the city already under-spends on young people as well as “transitional age youth,” who are between 18 and 25.\u003c/p>\u003c/div>",
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"content": "‘The reason there are people living outside is because we have insufficient housing stock for young people. That only gets worse if we don’t bring on any new interventions.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>There were roughly 1,100 people under 25 years old living on San Francisco’s streets during the last point-in-time count.\u003c/p>\n\u003cp>“The reason there are people living outside is because we have insufficient housing stock for young people. That only gets worse if we don’t bring on any new interventions” like building more housing, Adams said.\u003c/p>\n\u003cp>On \u003ca href=\"https://www.kqed.org/forum/2010101893348/s-f-mayor-london-breed-on-how-to-prevent-an-economic-doom-loop-and-her-new-budget\">KQED’s Forum in early June\u003c/a>, Breed defended her budget reallocation, saying there aren’t any sites in San Francisco that have been identified yet to build housing for transitional-age youth. But Adams said that’s an easily fixable problem.\u003c/p>\n\u003cp>“Not having a building identified for transition-aged youth, so that they could allocate or use the existing Prop. C funds, does not mean that there’s not young people sleeping outside. It means you didn’t find a building. Unallocated is not the same as unneeded,” Adams said.\u003c/p>\n\u003ch2>\u003cstrong>Legal and national pressures on mayors \u003c/strong>\u003c/h2>\n\u003cp>Part of the push for California mayors to favor shelters over permanent housing is the result of legal constraints. The \u003ca href=\"https://www.vox.com/23748522/tent-encampments-martin-boise-homelessness-housing\">2018 Martin v. City of Boise federal appeals court decision\u003c/a> bars locales from clearing out tent encampments if they don’t have enough shelter to offer.\u003c/p>\n\u003cp>San Francisco doesn’t have enough shelter placements for the number of people experiencing homelessness in the city, which in December prompted U.S. Magistrate Judge Donna M. Ryu to place an \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">injunction against encampment sweeps\u003c/a>.\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "‘When you have that increased street homelessness, in particular, you get this pressure for increased short-term, quick-fix kind of solutions. People want folks out of sight, out of mind.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>Building more temporary shelters, then, is a pathway to gain the legal go-ahead to conduct more encampment sweeps.\u003c/p>\n\u003cp>So while California is home to 30% of the U.S. unhoused population, the shift in funding allocation to favor temporary shelter is a national one.\u003c/p>\n\u003cp>Eric Tars, legal director of the National Homelessness Law Center, said in addition to the push being seen in Democratic California cities, many red states are contemplating the adoption of model legislation to put more funding toward short-term housing.\u003c/p>\n\u003cp>“When you have that increased street homelessness, in particular, you get this pressure for increased short-term, quick-fix kind of solutions. People want folks out of sight, out of mind. And so our elected officials are under pressure to kind of get those quick results,” Tars said.\u003c/p>\n\u003cp>While he doesn’t think shelters are unnecessary — far from it — he does think the budget reallocations are shortsighted, and will actually increase homelessness rates in the long term.\u003c/p>\n\u003ch2>\u003cstrong>Budget challenges ahead sharpen the debate\u003c/strong>\u003c/h2>\n\u003cp>Advocates involved in homelessness policy expect the tug-of-war between permanent and temporary housing to intensify — infusing future debates over shrinking local budgets and any attempts to bolster city coffers with new tax or bond money.\u003c/p>\n\u003cp>In San Francisco, long-term budget projections are far from rosy. The Mayor’s Office confirmed its budget proposal still has structural deficits that will remain in future years and has large amounts of deficits plugged by one-time funding sources. The San Francisco Board of Supervisors is expected to debate the budget with the mayor throughout June and put forward a compromise budget proposal by July.\u003c/p>\n\u003cfigure id=\"attachment_11953073\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11953073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS61499_IMG_4613-qut.jpg\" alt='A man with a beard wearing a suit and tie stands behind a podium labeled, \"San José Capital of Silicon Valley.\" He is surrounded by people holding various signs. Some read, \"Protect our Democracy.\"' width=\"1920\" height=\"1182\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-800x493.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-1020x628.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-160x99.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS61499_IMG_4613-qut-1536x946.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">San José Mayor Matt Mahan said that conversations with fellow mayors have led him to believe a broader ‘rebalancing’ of homelessness spending priorities is underway. ‘I believe this is a trend across the state,’ he said. ‘I suspect that we will see federal, state and county sources shift toward the solutions that are faster and more cost-effective and help us scale solutions.’ \u003ccite>(Guy Marzorati/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The debate over homelessness spending in San José hinged on money created by Measure E, a voter-approved tax on expensive home sales in the city. Mahan proposed spending $40 million in Measure E funds on short-term solutions such as prefabricated homes and parking lots for RV dwellers. When that plan was voted down, he joined a council majority to support putting $29 million toward those interim programs — leaving the largest share of city homelessness dollars for permanent housing.\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>David Low, director of policy and communications for the nonprofit Destination: Home, said those funds are vital for the half-dozen permanent affordable housing projects awaiting Measure E funding next year.\u003c/p>\n\u003cp>“We have affordable housing projects ready to go, and without that funding, we will see further delays, increased costs, at a time we can afford neither, or the very serious risk that some of these projects will all fall apart together,” said Low, a former senior adviser to San José’s previous mayor, Sam Liccardo. “So it’s that real-world trade-off and that real-world opportunity we have to build more affordable housing that we don’t want to lose.”\u003c/p>\n\u003cp>Those trade-offs are likely to dominate future budget discussions across the region and state, particularly as cities grapple with diminished general fund resources, said Lane, with SPUR.\u003c/p>\n\u003cp>The push and pull between permanent and temporary housing will animate discussions about state housing aid from the Legislature and Gov. Gavin Newsom. And the fight could be a key factor in determining the shape of a regional housing bond that could go before Bay Area voters next year.\u003c/p>\n\u003cp>“To show that we actually have a way that we can move people from off the streets ultimately into permanent affordable housing … interim and mid-term types of solutions have to be a key part of that,” Lane said. “And I think that the voters will expect to see that as well.”\u003c/p>\n\u003cp>Tomiquia Moss, CEO of the nonprofit All Home, sees the injection of new revenue as an opportunity to break the growing homelessness policy binary. Her organization works with elected officials, businesses and nonprofits across the Bay Area to promote regional strategies to reduce homelessness. At the core is a belief in concurrent investments in both temporary and permanent housing, in addition to aid for renters.\u003c/p>\n\u003cp>Tax and bond measures are no easy lift, particularly across a nine-county region. But Moss, who previously worked for Mayors Ed Lee in San Francisco and Libby Schaaf in Oakland, said such an initiative could unlock that full portfolio of solutions — and unite the factions of homelessness spending around a single cause.\u003c/p>\n\u003cp>“That, to me, is where you are growing the pie,” Moss added. “You are not robbing Peter to pay Paul. You are increasing resources for the entire region.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "California Legislators Fast-Track a Loan Program to Prevent Hospital Closures",
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"headTitle": "California Legislators Fast-Track a Loan Program to Prevent Hospital Closures | KQED",
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"content": "\u003cp>California \u003ca href=\"https://calmatters.org/health/2023/04/hospital-closures-california/\">hospitals in financial trouble\u003c/a> will soon be able to apply for interest-free state loans, although key questions about the selection process aren’t yet resolved.\u003c/p>\n\u003cp>The Legislature on Thursday approved \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB112\">a bill that will allocate a one-time sum of $150 million from the general fund to aid hospitals\u003c/a> that are facing severe financial distress and are at risk of closure, or that have closed but have a plan to reopen. The loans would have to be paid back within six years, although loans may be forgiven for hospitals that meet certain requirements. Gov. Gavin Newsom needs to sign the bill to enact the program.\u003c/p>\n\u003cp>Legislators and hospital administrators have acknowledged a loan program is only a stopgap for a number of hospitals that for months have warned of their precarious fiscal situations. Legislators fast-tracked action following \u003ca href=\"https://calmatters.org/health/2023/01/hospital-closure/\">the closure of Madera Community Hospital\u003c/a> at the start of this year, which left this San Joaquin Valley county of 160,000 people without a local emergency room.\u003c/p>\n\u003cp>Since then, another hospital, Beverly Hospital in the city of Montebello, has filed for bankruptcy.[aside label=\"Related Stories\" postID=\"science_1981588,news_11947640,news_11937928\"]“This bill, this money, will keep them (Beverly Hospital) open long enough to be able to perhaps sell, regroup, whatever, but they will keep their doors open,” Sen. Bob Archuleta, a Cerritos Democrat whose district includes Montebello, said on the Senate floor.\u003c/p>\n\u003cp>Loans under the new program would be available to nonprofit and public hospitals. Those that would most likely need and could benefit from the loans are independent and rural hospitals, some of which were struggling even prior to the pandemic, and that have had a difficult time managing cash flow after they stopped receiving federal COVID relief funds. Hospitals that apply will have to demonstrate need and viability to the California Department of Health Care Access and Information, which will oversee the program in conjunction with the state’s health department and the \u003ca href=\"https://www.treasurer.ca.gov/chffa/introduction.asp\">California Health Facilities Financing Authority\u003c/a>, a financing program within the State Treasurer’s Office.\u003c/p>\n\u003cp>It’s not clear exactly how many hospitals could qualify and how much each would get, according to officials from the state Department of Finance who testified in a budget committee hearing earlier this week. That will be determined by the agencies in charge, who will have to create eligibility criteria for these loans.\u003c/p>\n\u003cp>In hearings leading to Thursday’s vote, lawmakers asked why the state wasn’t conducting its own analysis of hospitals’ current situation so that the Legislature knows exactly which hospitals are in immediate need of relief.\u003c/p>\n\u003cp>“We don’t know how many hospitals, we don’t know which hospitals. We don’t know which areas those hospitals are (in), we don’t know anything. And now we’re asked to approve $150 million to be doled out without access to plans, without access to the finances that would give us the evidence to feel comfortable with this,” said Sen. Maria Elena Durazo, a Los Angeles Democrat, during a Senate budget committee hearing on Tuesday.[pullquote align=\"right\" size=\"medium\" citation=\"State Sen. Bob Archuleta (D-Cerritos)\"]‘This bill, this money, will keep them (Beverly Hospital) open long enough to be able to perhaps sell, regroup, whatever, but they will keep their doors open.’[/pullquote]Much of the information available to legislators has come from the California Hospital Association, whose job is to lobby on behalf of hospitals. According to a report commissioned by the association, \u003ca href=\"https://www.kaufmanhall.com/sites/default/files/2023-04/CHA-Financial-Impact-Report.pdf\">1 in 5 hospitals is at risk of closure (PDF)\u003c/a>, and half of California’s hospitals are losing money. The report did not list which hospitals are in immediate danger. The association has also not identified facilities, noting that when a hospital announces its financial troubles it can prematurely begin to lose workers and patients.\u003c/p>\n\u003cp>But aside from the now defunct Madera Community Hospital, at least seven other hospitals have publicly spoken about their financial troubles, either through op-ed pieces, news reports, notices on their website or communication to their staff. These include: \u003ca href=\"https://www.kvpr.org/local-news/2023-01-06/kaweah-medical-center-limping-toward-recovery-as-pandemic-costs-strain-the-hospital\">Kaweah Health Medical Center\u003c/a> in Visalia, \u003ca href=\"https://inewsource.org/2023/05/02/imperial-county-el-centro-hospital-money-problems-new-leader/\">El Centro Regional Medical Center\u003c/a> in Imperial County, \u003ca href=\"https://www.latimes.com/california/story/2023-04-20/beverly-hospital-in-montebello-files-for-bankruptcy-in-effort-to-avoid-closure\">Beverly Hospital\u003c/a> in Montebello, \u003ca href=\"https://www.beckershospitalreview.com/finance/20-of-california-hospitals-at-risk-of-closure-4-leaders-react.html\">MLK Jr. Community Hospital\u003c/a> in Los Angeles, \u003ca href=\"https://calmatters.org/health/2023/04/hospital-closures-california/\">Hazel Hawkins Memorial Hospital\u003c/a> in Hollister, \u003ca href=\"https://www.recorderonline.com/news/sierra-view-other-hospitals-face-financial-trouble/article_e9788152-da2d-11ed-bb7e-73821570dc31.html\">Sierra View Medical Center\u003c/a> in Porterville and \u003ca href=\"https://lostcoastoutpost.com/2023/feb/14/mad-river-hospital-suspends-home-health-services/\">Mad River Community Hospital\u003c/a> in Humboldt County.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>During this week’s hearings, legislators also questioned how the state came up with the $150 million figure, given that the state does not yet know how many hospitals need a loan or would qualify.\u003c/p>\n\u003cp>“One hundred fifty million is something that we believe we can absorb at this time,” said Erika Li, with the state’s Department of Finance, during Tuesday’s budget hearing. “Trying to address an issue during fiscal constraints is always difficult because you’re always balancing lots of priorities.”\u003c/p>\n\u003cp>With eyes on the upcoming fiscal year, the California Hospital Association has asked the state for $1.5 billion in one-time relief, a tough request in a deficit year. But Senate Democrats are in support, \u003ca href=\"https://sbud.senate.ca.gov/sites/sbud.senate.ca.gov/files/Protect%20Our%20Progress%20Senate%20Budget%20Plan.pdf\">proposing that hospitals get $400 million annually for four years (PDF)\u003c/a> that would come with requirements and conditions, according to their budget proposal that is to be finalized this summer.\u003c/p>\n\u003cp>A spokesperson for the California Hospital Association said the loan program is welcome news and promising for hospitals on the financial brink, but more state support is necessary. Specifically, the association has been advocating to increase reimbursements for services provided to patients covered by Medi-Cal, the health insurance program for people with lower income, which covers about 15 million people in the state.[pullquote align=\"right\" size=\"medium\" citation=\"Jan Emerson-Shea, spokesperson, California Hospital Association\"]‘Beyond this short-term relief, a sustainable and systemic solution will be needed to protect care for Medi-Cal patients throughout the state for years to come.’[/pullquote]“Beyond this short-term relief, a sustainable and systemic solution will be needed to protect care for Medi-Cal patients throughout the state for years to come,” said Jan Emerson-Shea, a spokesperson for the California Hospital Association. “As California continues to reel from the long-lasting and negative impacts COVID-19 has wrought on the state’s health care system, the work must continue if we are to preserve critical hospital services in all communities.”\u003c/p>\n\u003cp>Seeking longer-term relief, Sen. Anna Caballero, a Merced Democrat whose district includes Madera, is also pushing separate legislation that calls for the state to renew a tax on managed care organizations that expired last year. That money would be used to increase Medi-Cal payments to hospitals and other providers, helping hospitals that disproportionately serve patients with lower income.\u003c/p>\n\u003cp>“Ensuring that our hospitals remain open and able to serve patients has been priority number one for me this year. The hospital closure in Madera and other looming closures would be catastrophic in both rural and urban communities,” Caballero said in a statement following Thursday’s vote. “To ensure proper oversight of public funds, I will continue to seek more transparency and frankly more accountability on hospital operations to ensure California preserves health care access for all.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Several hospitals have warned that they are struggling financially after the strains of the pandemic. A new loan program, if approved, could offer short-term relief, but legislators acknowledge the loans are a stopgap.",
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"title": "California Legislators Fast-Track a Loan Program to Prevent Hospital Closures | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California \u003ca href=\"https://calmatters.org/health/2023/04/hospital-closures-california/\">hospitals in financial trouble\u003c/a> will soon be able to apply for interest-free state loans, although key questions about the selection process aren’t yet resolved.\u003c/p>\n\u003cp>The Legislature on Thursday approved \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB112\">a bill that will allocate a one-time sum of $150 million from the general fund to aid hospitals\u003c/a> that are facing severe financial distress and are at risk of closure, or that have closed but have a plan to reopen. The loans would have to be paid back within six years, although loans may be forgiven for hospitals that meet certain requirements. Gov. Gavin Newsom needs to sign the bill to enact the program.\u003c/p>\n\u003cp>Legislators and hospital administrators have acknowledged a loan program is only a stopgap for a number of hospitals that for months have warned of their precarious fiscal situations. Legislators fast-tracked action following \u003ca href=\"https://calmatters.org/health/2023/01/hospital-closure/\">the closure of Madera Community Hospital\u003c/a> at the start of this year, which left this San Joaquin Valley county of 160,000 people without a local emergency room.\u003c/p>\n\u003cp>Since then, another hospital, Beverly Hospital in the city of Montebello, has filed for bankruptcy.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“This bill, this money, will keep them (Beverly Hospital) open long enough to be able to perhaps sell, regroup, whatever, but they will keep their doors open,” Sen. Bob Archuleta, a Cerritos Democrat whose district includes Montebello, said on the Senate floor.\u003c/p>\n\u003cp>Loans under the new program would be available to nonprofit and public hospitals. Those that would most likely need and could benefit from the loans are independent and rural hospitals, some of which were struggling even prior to the pandemic, and that have had a difficult time managing cash flow after they stopped receiving federal COVID relief funds. Hospitals that apply will have to demonstrate need and viability to the California Department of Health Care Access and Information, which will oversee the program in conjunction with the state’s health department and the \u003ca href=\"https://www.treasurer.ca.gov/chffa/introduction.asp\">California Health Facilities Financing Authority\u003c/a>, a financing program within the State Treasurer’s Office.\u003c/p>\n\u003cp>It’s not clear exactly how many hospitals could qualify and how much each would get, according to officials from the state Department of Finance who testified in a budget committee hearing earlier this week. That will be determined by the agencies in charge, who will have to create eligibility criteria for these loans.\u003c/p>\n\u003cp>In hearings leading to Thursday’s vote, lawmakers asked why the state wasn’t conducting its own analysis of hospitals’ current situation so that the Legislature knows exactly which hospitals are in immediate need of relief.\u003c/p>\n\u003cp>“We don’t know how many hospitals, we don’t know which hospitals. We don’t know which areas those hospitals are (in), we don’t know anything. And now we’re asked to approve $150 million to be doled out without access to plans, without access to the finances that would give us the evidence to feel comfortable with this,” said Sen. Maria Elena Durazo, a Los Angeles Democrat, during a Senate budget committee hearing on Tuesday.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Much of the information available to legislators has come from the California Hospital Association, whose job is to lobby on behalf of hospitals. According to a report commissioned by the association, \u003ca href=\"https://www.kaufmanhall.com/sites/default/files/2023-04/CHA-Financial-Impact-Report.pdf\">1 in 5 hospitals is at risk of closure (PDF)\u003c/a>, and half of California’s hospitals are losing money. The report did not list which hospitals are in immediate danger. The association has also not identified facilities, noting that when a hospital announces its financial troubles it can prematurely begin to lose workers and patients.\u003c/p>\n\u003cp>But aside from the now defunct Madera Community Hospital, at least seven other hospitals have publicly spoken about their financial troubles, either through op-ed pieces, news reports, notices on their website or communication to their staff. These include: \u003ca href=\"https://www.kvpr.org/local-news/2023-01-06/kaweah-medical-center-limping-toward-recovery-as-pandemic-costs-strain-the-hospital\">Kaweah Health Medical Center\u003c/a> in Visalia, \u003ca href=\"https://inewsource.org/2023/05/02/imperial-county-el-centro-hospital-money-problems-new-leader/\">El Centro Regional Medical Center\u003c/a> in Imperial County, \u003ca href=\"https://www.latimes.com/california/story/2023-04-20/beverly-hospital-in-montebello-files-for-bankruptcy-in-effort-to-avoid-closure\">Beverly Hospital\u003c/a> in Montebello, \u003ca href=\"https://www.beckershospitalreview.com/finance/20-of-california-hospitals-at-risk-of-closure-4-leaders-react.html\">MLK Jr. Community Hospital\u003c/a> in Los Angeles, \u003ca href=\"https://calmatters.org/health/2023/04/hospital-closures-california/\">Hazel Hawkins Memorial Hospital\u003c/a> in Hollister, \u003ca href=\"https://www.recorderonline.com/news/sierra-view-other-hospitals-face-financial-trouble/article_e9788152-da2d-11ed-bb7e-73821570dc31.html\">Sierra View Medical Center\u003c/a> in Porterville and \u003ca href=\"https://lostcoastoutpost.com/2023/feb/14/mad-river-hospital-suspends-home-health-services/\">Mad River Community Hospital\u003c/a> in Humboldt County.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>During this week’s hearings, legislators also questioned how the state came up with the $150 million figure, given that the state does not yet know how many hospitals need a loan or would qualify.\u003c/p>\n\u003cp>“One hundred fifty million is something that we believe we can absorb at this time,” said Erika Li, with the state’s Department of Finance, during Tuesday’s budget hearing. “Trying to address an issue during fiscal constraints is always difficult because you’re always balancing lots of priorities.”\u003c/p>\n\u003cp>With eyes on the upcoming fiscal year, the California Hospital Association has asked the state for $1.5 billion in one-time relief, a tough request in a deficit year. But Senate Democrats are in support, \u003ca href=\"https://sbud.senate.ca.gov/sites/sbud.senate.ca.gov/files/Protect%20Our%20Progress%20Senate%20Budget%20Plan.pdf\">proposing that hospitals get $400 million annually for four years (PDF)\u003c/a> that would come with requirements and conditions, according to their budget proposal that is to be finalized this summer.\u003c/p>\n\u003cp>A spokesperson for the California Hospital Association said the loan program is welcome news and promising for hospitals on the financial brink, but more state support is necessary. Specifically, the association has been advocating to increase reimbursements for services provided to patients covered by Medi-Cal, the health insurance program for people with lower income, which covers about 15 million people in the state.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Beyond this short-term relief, a sustainable and systemic solution will be needed to protect care for Medi-Cal patients throughout the state for years to come,” said Jan Emerson-Shea, a spokesperson for the California Hospital Association. “As California continues to reel from the long-lasting and negative impacts COVID-19 has wrought on the state’s health care system, the work must continue if we are to preserve critical hospital services in all communities.”\u003c/p>\n\u003cp>Seeking longer-term relief, Sen. Anna Caballero, a Merced Democrat whose district includes Madera, is also pushing separate legislation that calls for the state to renew a tax on managed care organizations that expired last year. That money would be used to increase Medi-Cal payments to hospitals and other providers, helping hospitals that disproportionately serve patients with lower income.\u003c/p>\n\u003cp>“Ensuring that our hospitals remain open and able to serve patients has been priority number one for me this year. The hospital closure in Madera and other looming closures would be catastrophic in both rural and urban communities,” Caballero said in a statement following Thursday’s vote. “To ensure proper oversight of public funds, I will continue to seek more transparency and frankly more accountability on hospital operations to ensure California preserves health care access for all.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "sf-supervisors-throw-support-behind-internet-archive-as-it-fights-copyright-ruling",
"title": "San Francisco Supervisors Throw Support Behind Internet Archive as It Fights Copyright Ruling",
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"content": "\u003cp>San Francisco leaders are throwing their support behind the \u003ca href=\"https://www.kqed.org/news/11945533/sf-based-internet-archive-is-fighting-a-ruling-that-could-change-the-future-of-digital-libraries\">threatened Internet Archive\u003c/a>, a free digital library headquartered in San Francisco’s Richmond District.\u003c/p>\n\u003cp>The Board of Supervisors on Tuesday \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=11893345&GUID=990E482D-3EAE-4A80-ABE9-5836644B34E3\">unanimously approved a resolution (PDF)\u003c/a> in support of the archive, which is fighting a \u003ca href=\"https://www.npr.org/2023/03/26/1166101459/internet-archive-lawsuit-books-library-publishers\">federal ruling from late March\u003c/a>, when U.S. District Court Judge John G. Koeltl of the Southern District of New York sided with publishers who sued the nonprofit for copyright violation. The resolution next heads to Mayor London Breed for approval. Then, Chan said, it will be referred to the state Legislature and the U.S. Congress for support.\u003c/p>\n\u003cp>“At a time when we are seeing an increase in censorship and book bans across the country, we must move to preserve free access to information,” Supervisor Connie Chan, who authored the resolution and represents the Richmond District, said in a press release. “I am proud to stand with the Internet Archive, our Richmond District neighbor, and digital libraries throughout the United States.”\u003c/p>\n\u003cp>Founded in 1996, the Internet Archive is a nonprofit digital library and archive that preserves books, music, film, webpages and many more media artifacts and makes them publicly available for free. It holds nearly 41 million books and counting, and lends those as e-books on a one-to-one basis referred to as “controlled digital lending.”\u003c/p>\n\u003cp>But in 2020, when in-person libraries were largely closed due to the pandemic, the archive removed waitlists for its e-books so more people could access them. It ended that practice in June of the same year, but by then, four of the largest publishing houses had sued the Internet Archive for copyright infringement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Hachette Book Group, HarperCollins, Penguin Random House and Wiley argued that the archive’s so-called Open Library ignores licensing fees that libraries are supposed to pay publishers for texts that are not in the public domain.\u003c/p>\n\u003cp>The publishers \u003ca href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.1.1.pdf\">specifically complained about 127 books not under public domain (PDF)\u003c/a> that are stored and offered freely on the archive, by authors such as Sylvia Plath, Jon Krakauer, Toni Morrison, Malcolm Gladwell, C.S. Lewis and J.D. Salinger.\u003c/p>\n\u003cp>Because libraries had already paid licensing fees for the print books that the archive scans as part of the Open Library project, the nonprofit argued its one-to-one lending system constitutes fair use.\u003c/p>\n\u003cp>But Koeltl agreed with the publishers. “IA’s fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book,” Koeltl \u003ca href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf\">said in his ruling (PDF)\u003c/a>. “But no case or legal principle supports that notion. Every authority points the other direction.”\u003c/p>\n\u003cp>The Internet Archive is now appealing that case with a boost from local leaders and community members.\u003c/p>\n\u003cp>[aside postID=news_11945533 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64115_012_KQED_InternetArchiveOffices_03242023-qut-1020x680.jpg']“It’s a sad day that we have to be here to talk about the importance of maintaining access to information through libraries,” Brewster Kahle, founder and digital librarian of the Internet Archive, said in the press announcement. “We must stand firm in our commitment to providing Universal Access to All Knowledge.”\u003c/p>\n\u003cp>Supporters of the Internet Archive held a rally on the steps of its San Francisco-based library and museum on April 8. The archive also operates a warehouse in the city of Richmond where millions of books donated by libraries and individuals are stored.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Chan’s resolution recognized “the irreplaceable public value of libraries, including online libraries like the Internet Archive, and the essential rights of all libraries to own, preserve, and lend both digital and print books to the residents of San Francisco and the wider public.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco leaders are throwing their support behind the \u003ca href=\"https://www.kqed.org/news/11945533/sf-based-internet-archive-is-fighting-a-ruling-that-could-change-the-future-of-digital-libraries\">threatened Internet Archive\u003c/a>, a free digital library headquartered in San Francisco’s Richmond District.\u003c/p>\n\u003cp>The Board of Supervisors on Tuesday \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=11893345&GUID=990E482D-3EAE-4A80-ABE9-5836644B34E3\">unanimously approved a resolution (PDF)\u003c/a> in support of the archive, which is fighting a \u003ca href=\"https://www.npr.org/2023/03/26/1166101459/internet-archive-lawsuit-books-library-publishers\">federal ruling from late March\u003c/a>, when U.S. District Court Judge John G. Koeltl of the Southern District of New York sided with publishers who sued the nonprofit for copyright violation. The resolution next heads to Mayor London Breed for approval. Then, Chan said, it will be referred to the state Legislature and the U.S. Congress for support.\u003c/p>\n\u003cp>“At a time when we are seeing an increase in censorship and book bans across the country, we must move to preserve free access to information,” Supervisor Connie Chan, who authored the resolution and represents the Richmond District, said in a press release. “I am proud to stand with the Internet Archive, our Richmond District neighbor, and digital libraries throughout the United States.”\u003c/p>\n\u003cp>Founded in 1996, the Internet Archive is a nonprofit digital library and archive that preserves books, music, film, webpages and many more media artifacts and makes them publicly available for free. It holds nearly 41 million books and counting, and lends those as e-books on a one-to-one basis referred to as “controlled digital lending.”\u003c/p>\n\u003cp>But in 2020, when in-person libraries were largely closed due to the pandemic, the archive removed waitlists for its e-books so more people could access them. It ended that practice in June of the same year, but by then, four of the largest publishing houses had sued the Internet Archive for copyright infringement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hachette Book Group, HarperCollins, Penguin Random House and Wiley argued that the archive’s so-called Open Library ignores licensing fees that libraries are supposed to pay publishers for texts that are not in the public domain.\u003c/p>\n\u003cp>The publishers \u003ca href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.1.1.pdf\">specifically complained about 127 books not under public domain (PDF)\u003c/a> that are stored and offered freely on the archive, by authors such as Sylvia Plath, Jon Krakauer, Toni Morrison, Malcolm Gladwell, C.S. Lewis and J.D. Salinger.\u003c/p>\n\u003cp>Because libraries had already paid licensing fees for the print books that the archive scans as part of the Open Library project, the nonprofit argued its one-to-one lending system constitutes fair use.\u003c/p>\n\u003cp>But Koeltl agreed with the publishers. “IA’s fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book,” Koeltl \u003ca href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf\">said in his ruling (PDF)\u003c/a>. “But no case or legal principle supports that notion. Every authority points the other direction.”\u003c/p>\n\u003cp>The Internet Archive is now appealing that case with a boost from local leaders and community members.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“It’s a sad day that we have to be here to talk about the importance of maintaining access to information through libraries,” Brewster Kahle, founder and digital librarian of the Internet Archive, said in the press announcement. “We must stand firm in our commitment to providing Universal Access to All Knowledge.”\u003c/p>\n\u003cp>Supporters of the Internet Archive held a rally on the steps of its San Francisco-based library and museum on April 8. The archive also operates a warehouse in the city of Richmond where millions of books donated by libraries and individuals are stored.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Chan’s resolution recognized “the irreplaceable public value of libraries, including online libraries like the Internet Archive, and the essential rights of all libraries to own, preserve, and lend both digital and print books to the residents of San Francisco and the wider public.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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},
"rightnowish": {
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"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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