Vaccine Mandate for National Guard

Jordan Williams at The Hill:

An Oklahoma federal judge on Tuesday denied an attempt from the state to block the Department of Defense’s coronavirus vaccine mandate for National Guard members.

In a 29-page ruling, U.S. District Judge Stephen Friot denied a motion from Oklahoma Gov. Kevin Stitt (R) and Attorney General John O’Connor to preliminarily enjoin the mandate, saying the plaintiffs’ claims were without merit.

“The court is required to decide this case on the basis of federal law, not common sense. But, either way, the result would be the same,” Friot wrote. “The claims asserted by the Governor and his co-plaintiffs are without merit.”

From the ruling:

The constitutional allocation of responsibility for Guard matters has been fleshed out by Congress. The beginning point, understandably relied upon by the defendants, is 32 U.S.C. § 110: “The President shall prescribe regulations, and issue orders, necessary to organize, discipline, and govern the National Guard.” In turn, the Service Secretaries (as relevant here, the Secretary of the Army and the Secretary of the Air Force) are empowered to “prescribe such regulations as the Secretary considers necessary to carry out provisions of law relating to the reserve components under the Secretary’s jurisdiction.” 10 U.S.C. § 10202(a).

Apropos of the constitutional grant of power to Congress to provide for “organizing” and “disciplining” the Militia, Congress has directed that “[t]he discipline, including training, of the Army National Guard shall conform to that of the Army. The discipline, including training, of the Air National Guard shall conform to that of the Air Force.” 32 U.S.C. § 501. If the Guard fails to comply with federal standards, the President is empowered to cut off its funding: “If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.” 32 U.S.C. § 108. If a state should find federal standards governing the National Guard to be too tight a fit, the state is free to establish (and pay for) its own, independent version. 32 U.S.C. § 109(c). Oklahoma has not done so.

The upshot of all this is that, however wide-ranging the command authority of the Governor and the Adjutant General may be within the four corners of their own state (and the court does not presume to define the extent of that authority other than as is strictly necessary for present purposes), it is unmistakably clear that the intent of Congress, as expressed in the text of its enactments, is that the Guard and its members will at all events be prepared, conformably to federal military standards, Case 5:21-cv-01136-F Document 41 Filed 12/28/21 Page 19 of 29 20 to be ordered into federal service, deploying alongside members of the active duty Army and Air Force, on little or no notice, anywhere in the world–which is exactly what the Oklahoma Guard and its members have done, with great distinction, on dozens of occasions

Homeless

A release from the Los Angeles Homeless Services Authority:

In a presentation to the Los Angeles County Board of Supervisors, the Los Angeles Homeless Services Authority released the results of the 2019 Greater Los Angeles Homeless Count, which showed 58,936 people in Los Angeles County experiencing homelessness, representing a 12% rise from last year’s point-in-time count of 52,765. The city of Los Angeles saw a 16% rise to 36,300.

Two years into the 10-year investments from Measure H, LA County’s homeless services system has doubled the number of people moving from homelessness into housing over the course of each year, and tripled prevention, outreach, and engagement.

The homeless crisis response system helped 21,631 people move into permanent housing over the course of last year—40 percent of last year’s Count number, and a number that would end homelessness in most American cities and even states. Ninety-two percent of the people placed in permanent housing through our system in 2016 and 2017 stayed housed through the end of 2018 and did not return to homelessness.

Yet as thousands of people were permanently housed, thousands more fell into homelessness due to economic forces and the interlocking systems of foster care, mental health, criminal justice, and the housing market, outpacing the results.
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This year’s Count revealed that 23% of the unsheltered people experiencing homelessness—more than 9,200 people—were homeless for the first time last year. The majority (53%) cited economic hardship as the cause.

The Count revealed that widely coordinated efforts to assist veterans had resulted in a small decrease in that population (from 3,886 to 3,874 ), a positive development given the overall rise. And Black/African-American people, who constitute 8.3% of the overall county population, continue to be overrepresented among people experiencing homelessness at 33%—though that figure has decreased slightly from its 2018 level of 35%.

Jill Cowan at NYT:

In Alameda County, the number of homeless residents jumped 43 percent over the past two years. In Orange County, that number was 42 percent. Kern County volunteers surveying the region’s homeless population found a 50 percent increase over 2018. San Francisco notched a 17 percent increase since 2017.

Madeline Holcombe at CNN:

Nationally, homelessness has been trending downward over the last decade, according to the National Alliance to End Homelessness. But this year's results, so far, offer a mixed bag.

For example, Seattle and King County, Washington, saw a decrease in homelessness for the first time in seven years with an 8% drop, according to a report by the organization All Home.

New York City said the number of unsheltered people -- those sleeping on the street, and in parks, subways and other public places -- declined by 2% from last year. In Indianapolis, the total number of people experiencing homelessness is down 7%, according to Indiana University's Public Policy Institute.

Meanwhile, Oklahoma City, Oklahoma, said the number of people living on the street, in shelters and in transitional housing climbed 8%, and Austin, Texas, reported a 5% increase in the total number of people experiencing homelessness, according to Ending Community Homelessness Coalition.

Federalism, Secession, and Privacy

Federalism remains much in the news. Though states cannot secede from the Union, it is possible (albeit difficult) for a group of localities to secede from an existing state to form a new one.  At NPR.org, Alan Greenblatt writes about an election that will happen soon:

There's a big race right now to become the 51st state.

Forget traditional contenders like Puerto Rico. In several existing states, residents of less populous areas are hoping to create new states of their own.

Citizens in 11 mostly northeastern Colorado counties are among them. They'll vote on Nov. 5 whether to break off and form their own state. Many are unhappy about liberal state legislation they believe reflects the values of the Denver-Boulder corridor, but not their part of the world.

"We're rarely listened to when it comes to legislation," says Butch White, the mayor of Ault. "I'm sure the vote will pass in Weld County quite easily."

The Colorado counties aren't alone. There's been occasional talk of secession at various times in recent decades, but now the idea is showing signs of taking root across the map.

There is talk about and sometimes movement toward secession in several states. These are locally motivated startups, but they share some themes in common.

People in mostly conservative areas feel isolated living in states controlled by Democrats. Rural residents, in particular, believe their values are given no respect in capitols now completely dominated by urban and suburban interests.

Secession may be part of the same impulse that leads states to sue or otherwise try to block or nullify federal laws they don't like. People are losing respect for institutions that don't reflect their preferences and would prefer, to the extent possible, to extricate themselves from them.

The New York Times reports that states are playing their traditional role as laboratories of democracy.  Unlike the federal Constitution, some state constitutions contain explicit protections for privacy.  The issue remains hot:

State legislatures around the country, facing growing public concern about the collection and trade of personal data, have rushed to propose a series of privacy laws, from limiting how schools can collect student data to deciding whether the police need a warrant to track cellphone locations.

Over two dozen privacy laws have passed this year in more than 10 states, in places as different as Oklahoma and California. Many lawmakers say that news reports of widespread surveillance by the National Security Agency have led to more support for the bills among constituents. And in some cases, the state lawmakers say, they have felt compelled to act because of the stalemate in Washington on legislation to strengthen privacy laws.

“Congress is obviously not interested in updating those things or protecting privacy,” said Jonathan Stickland, a Republican state representative in Texas. “If they’re not going to do it, states have to do it.”
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“It can be counterproductive to have multiple states addressing the same issue, especially with online privacy, which can be national or an international issue,” said Michael D. Hintze, chief privacy counsel at Microsoft, who added that at times it can create “burdensome compliance.” For companies, it helps that state measures are limited in their scope by a federal law that prevents states from interfering with interstate commerce
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Thanksgiving, Black Friday, and State Law

In Springfield, Massachusetts, WGGB reports:

You’ve probably seen the national commercials saying that you can start your Black Friday shopping at 8 P.M. on Thanksgiving. You’ve also probably also seen signs saying that in Massachusetts, that won’t be the case.

Bay state Blue Laws keep that from happening. They were drafted in the Colonial era by Puritan church members to regulate public activities on Sundays.

Due to the Blue Laws, prior to 1994, retail stores couldn’t open before noon.

Now the legislation is enforced by the Attorney General’s Fair Labor Division prohibiting businesses from opening on certain holidays.

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Rhode Island is the only other state in the nation to enforce Blue Laws on Thanksgiving.

In Oklahoma City, News9 reports: 

 Retailers may be offering better Black Friday deals to shoppers in other states. It's all because of an old law still on the state books. Those national advertisements for places like Wal-Mart show some huge discounts. But that "Bargain Busting Law" in Oklahoma could mean less savings and disappointed bargain hunters. It's an old law called the Unfair Sales Act, banning retailers from selling products below cost and protecting small businesses from big box stores.

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