buzzfeed--2020-07-07--A Senator Has Remained Frustrated By State Department Over Request For Ukraine Documents On Biden

A frustrated Ron Wyden , Democratic senator from Oregon , is hoping his third request for documents from the State Department about US policy toward Ukraine will finally do the trick .
Wyden says the department has refused to give Senate Democrats any documents while providing thousands of pages to Senate Republicans to aid their inquiry into the work of former vice president Joe Biden and his son , Hunter Biden , in the Eastern European country .
On Tuesday , Wyden , the ranking member on the Senate Finance Committee , sent a third letter to Secretary of State @ @ @ @ @ @ @ about the State Department ’ s Ukraine-related activities under the Obama and Trump administrations .
He also is seeking documents on the activities of Rudy Giuliani and several people connected to his back-channel Ukraine campaign that was at the heart of Trump ’ s impeachment , according to a copy of the letter provided to BuzzFeed News by Wyden ’ s office .
Wyden ’ s previous letters were sent to Pompeo in February and May .
They followed two requests for records related to the Bidens that were sent to the State @ @ @ @ @ @ @ the Senate Finance , Homeland Security , and Judiciary committees .
The Republican chairs — Sens .
Chuck Grassley , Ron Johnson , and Lindsey Graham — have spent months investigating whether Biden , the presumptive Democratic presidential nominee , abused his power while he was vice president to get Ukraine ’ s controversial former top prosecutor fired in order to quash investigations into the Ukrainian gas company Burisma , where Hunter Biden worked .
The senators are also looking into claims that Ukrainians interfered in the 2016 US presidential election .
No @ @ @ @ @ @ @ , which have been pushed mainly by Republicans , Trump supporters , and right-wing media outlets and have been fueled by dubious information obtained from an eclectic group of discredited Ukrainians , including some with ties to Russia ’ s security services .
Wyden said in the letter sent on Tuesday that the State Department has produced to the Finance Committee “ over 9,000 pages of documents requested by Chairman Grassley on the same matter , ” yet Mary Elizabeth Taylor , former assistant secretary of state for legislative affairs ( she resigned @ @ @ @ @ @ @ to protests over police violence ) , denied his previous requests for information .
“ Ms .
Taylor justified the Department ’ s response by saying it ‘ must defer to the internal discussion and decisions of the Committee , ’ ” Wyden wrote .
He said that as the ranking member of the Finance Committee , “ I am unaware of any internal discussion or decisions of the Committee which would in any way restrict the ability of the Department to respond to my request.
” The Republican investigation into the Bidens @ @ @ @ @ @ @ steam in February , after the Senate ’ s acquittal of Trump in the impeachment trial .
At the time , Wyden ’ s office accused the GOP senators of “ turning the Senate into an arm of the president ’ s political campaign.
” Now , with the election just 119 days away , the Republican probe appears to be turning up the heat , with help from Pompeo ’ s office .
According to Wyden , the State Department will begin producing witnesses for transcribed interviews for the Republicans ’ inquiry @ @ @ @ @ @ @ getting their hands on the documents they are after .
“ To further ignore my requests is at best baseless , and at worst a partisan political act , ” Wyden said , adding that he wants the materials before July 21 .
Wyden has specifically been trying to get records relating to Giuliani and his associates involved in their Ukraine back-channel campaign , including Soviet-born business partners Lev Parnas and Igor Fruman , Ukrainian oligarch Dmitry Firtash , former Ukrainian prosecutor general Yuriy Lutsenko , and a slew of other individuals .
@ @ @ @ @ @ @ documents related to Giuliani “ and any State Department employee including but not limited to identification of archive conversations between American leaders , such as Vice President Biden , and their counterparts , ” and “ all records generated by department officials who accessed any materials related to conversations with foreign officials by former Vice President Joe Biden and former Secretary John Kerry.
” Those requests come after Giuliani told the Washington Post last week that someone at the State Department had aided him in his quest for damaging Biden information by providing @ @ @ @ @ @ @ between Biden , Kerry , and former Ukrainian president Petro Poroshenko .
“ It is deeply troubling that the State Department believes that it is appropriate to provide information related to Ukraine to the President ’ s personal attorney [ Giuliani ] , but that it is not appropriate to provide information related to Ukraine to a ranking member of a Senate Committee engaged in an investigation of Ukraine , ” Wyden wrote .
“ Consequently , it is critical that I understand the substance and propriety of these communications.
” Edited tape @ @ @ @ @ @ @ phone calls Giuliani was after between the three men while they were in office have been released in recent months by Andriy Derkach , a pro-Russian Ukrainian lawmaker who met Giuliani in Kyiv in December .
Derkach , a figure with little public support and a poor reputation among his country ’ s political elites , graduated from an academy run by the KGB , the Soviet predecessor to Russia ’ s Federal Security Service .
Wyden is also asking for documents “ related to support by Congress and the international community for @ @ @ @ @ @ @ Ukraine ’ s former top prosecutor who was criticized by Ukrainian anti-corruption groups , Western governments , and international financial institutions alike for failing to root out endemic corruption in his country .
Shokin was fired in 2016 after Biden pressed Poroshenko to sack him or else his war-torn country would not receive much-needed loan guarantees worth $ 1 billion .
Trump , Giuliani , Trump supporters , and right-wing media have claimed Shokin ’ s firing was political in nature and assert that he was overseeing an active criminal probe into Burisma @ @ @ @ @ @ @ , there is no evidence supporting the claim , and Ukrainian prosecutors and anti-corruption activists with knowledge of the matter have said Shokin himself was actually a major obstacle standing in the way of Burisma investigations .
Moreover , last year , Ukrainian prosecutors began an audit of thousands of old case files , including those related to Burisma .
Ruslan Ryaboshapka , the former prosecutor general of Ukraine who oversaw the audit , told Reuters last month that he found no evidence of wrongdoing on the part of Hunter Biden .
Spokespeople @ @ @ @ @ @ @ Grassley , and Johnson did not immediately return requests for comment Tuesday morning .

A frustrated Ron Wyden, Democratic senator from Oregon, is hoping his third request for documents from the State Department about US policy toward Ukraine will finally do the trick.
Wyden says the department has refused to give Senate Democrats any documents while providing thousands of pages to Senate Republicans to aid their inquiry into the work of former vice president Joe Biden and his son, Hunter Biden, in the Eastern European country.
On Tuesday, Wyden, the ranking member on the Senate Finance Committee, sent a third letter to Secretary of State Mike Pompeo demanding that he provide documents about the State Department’s Ukraine-related activities under the Obama and Trump administrations. He also is seeking documents on the activities of Rudy Giuliani and several people connected to his back-channel Ukraine campaign that was at the heart of Trump’s impeachment, according to a copy of the letter provided to BuzzFeed News by Wyden’s office.
Wyden’s previous letters were sent to Pompeo in February and May. They followed two requests for records related to the Bidens that were sent to the State Department in November by Republican chairs of the Senate Finance, Homeland Security, and Judiciary committees.
The Republican chairs — Sens. Chuck Grassley, Ron Johnson, and Lindsey Graham — have spent months investigating whether Biden, the presumptive Democratic presidential nominee, abused his power while he was vice president to get Ukraine’s controversial former top prosecutor fired in order to quash investigations into the Ukrainian gas company Burisma, where Hunter Biden worked. The senators are also looking into claims that Ukrainians interfered in the 2016 US presidential election.
No evidence has emerged to support the theories, which have been pushed mainly by Republicans, Trump supporters, and right-wing media outlets and have been fueled by dubious information obtained from an eclectic group of discredited Ukrainians, including some with ties to Russia’s security services.
Wyden said in the letter sent on Tuesday that the State Department has produced to the Finance Committee “over 9,000 pages of documents requested by Chairman Grassley on the same matter,” yet Mary Elizabeth Taylor, former assistant secretary of state for legislative affairs (she resigned in June over Trump’s response to protests over police violence), denied his previous requests for information.
“Ms. Taylor justified the Department’s response by saying it ‘must defer to the internal discussion and decisions of the Committee,’” Wyden wrote. He said that as the ranking member of the Finance Committee, “I am unaware of any internal discussion or decisions of the Committee which would in any way restrict the ability of the Department to respond to my request.”
The Republican investigation into the Bidens’ activities in Ukraine began picking up steam in February, after the Senate’s acquittal of Trump in the impeachment trial. At the time, Wyden’s office accused the GOP senators of “turning the Senate into an arm of the president’s political campaign.”
Now, with the election just 119 days away, the Republican probe appears to be turning up the heat, with help from Pompeo’s office. According to Wyden, the State Department will begin producing witnesses for transcribed interviews for the Republicans’ inquiry in late July, possibly without Democrats getting their hands on the documents they are after.
“To further ignore my requests is at best baseless, and at worst a partisan political act,” Wyden said, adding that he wants the materials before July 21.
Wyden has specifically been trying to get records relating to Giuliani and his associates involved in their Ukraine back-channel campaign, including Soviet-born business partners Lev Parnas and Igor Fruman, Ukrainian oligarch Dmitry Firtash, former Ukrainian prosecutor general Yuriy Lutsenko, and a slew of other individuals.
But Wyden is now also asking for documents related to Giuliani “and any State Department employee including but not limited to identification of archive conversations between American leaders, such as Vice President Biden, and their counterparts,” and “all records generated by department officials who accessed any materials related to conversations with foreign officials by former Vice President Joe Biden and former Secretary John Kerry.”
Those requests come after Giuliani told the Washington Post last week that someone at the State Department had aided him in his quest for damaging Biden information by providing him with the dates of phone calls between Biden, Kerry, and former Ukrainian president Petro Poroshenko.
“It is deeply troubling that the State Department believes that it is appropriate to provide information related to Ukraine to the President’s personal attorney [Giuliani], but that it is not appropriate to provide information related to Ukraine to a ranking member of a Senate Committee engaged in an investigation of Ukraine,” Wyden wrote. “Consequently, it is critical that I understand the substance and propriety of these communications.”
Edited tape recordings of what appear to be the phone calls Giuliani was after between the three men while they were in office have been released in recent months by Andriy Derkach, a pro-Russian Ukrainian lawmaker who met Giuliani in Kyiv in December. Derkach, a figure with little public support and a poor reputation among his country’s political elites, graduated from an academy run by the KGB, the Soviet predecessor to Russia’s Federal Security Service.
Wyden is also asking for documents “related to support by Congress and the international community for the removal of” Viktor Shokin, Ukraine’s former top prosecutor who was criticized by Ukrainian anti-corruption groups, Western governments, and international financial institutions alike for failing to root out endemic corruption in his country. Shokin was fired in 2016 after Biden pressed Poroshenko to sack him or else his war-torn country would not receive much-needed loan guarantees worth $1 billion.
Trump, Giuliani, Trump supporters, and right-wing media have claimed Shokin’s firing was political in nature and assert that he was overseeing an active criminal probe into Burisma when he was sacked. In fact, there is no evidence supporting the claim, and Ukrainian prosecutors and anti-corruption activists with knowledge of the matter have said Shokin himself was actually a major obstacle standing in the way of Burisma investigations.
Moreover, last year, Ukrainian prosecutors began an audit of thousands of old case files, including those related to Burisma. Ruslan Ryaboshapka, the former prosecutor general of Ukraine who oversaw the audit, told Reuters last month that he found no evidence of wrongdoing on the part of Hunter Biden.
Spokespeople for the State Department, Graham, Grassley, and Johnson did not immediately return requests for comment Tuesday morning.


buzzfeed--2020-07-08--Mike Pompeo Said The US Is Considering Banning TikTok

Indians hold placards urging people to remove Chinese apps in New Delhi , June 30 .
TikTok has denied sharing information on users in India with the Chinese government after being banned in India last week .
The United States is considering banning TikTok and other apps from China over national security concerns , Secretary of State Mike Pompeo told Fox News ’ Laura Ingraham in an interview on Monday .
“ You should know we ’ re taking this very seriously .
We ’ re certainly looking at it , ” said Pompeo in response to a question from @ @ @ @ @ @ @ about banning Chinese social media apps days after India — TikTok ’ s largest market outside China — banned nearly 60 Chinese apps including TikTok , following border clashes with the country .
“ With respect to Chinese apps on people ’ s cellphones , I can assure you the United States will get this one right too , Laura , ” Pompeo said .
“ I don ’ t want to get out in front of the president , but it ’ s something we ’ re looking at.
” When asked @ @ @ @ @ @ @ phones , Pompeo said : “ Only if you want your private information in the hands of the Chinese Communist Party.
” In response to Pompeo 's comments , a TikTok spokesperson told BuzzFeed News : “ TikTok is led by an American CEO , with hundreds of employees and key leaders across safety , security , product , and public policy here in the U.S. We have no higher priority than promoting a safe and secure app experience for our users .
We have never provided user data to the Chinese government @ @ @ @ @ @ @ asked.
” Pompeo ’ s comments come at a time when tensions between the United States in the areas of trade , technology , and national security among others , are escalating .
Last week , the Federal Communications Commission ( FCC ) declared Chinese telecom companies Huawei and ZTE as threats to national security and banned networks in the US from using federal funds to purchase equipment from them .
After India banned 59 Chinese apps last week , Pompeo said the United States welcomed the move to ban mobile apps “ @ @ @ @ @ @ @ CCP ’ s surveillance state.
” TikTok is owned by Beijing-based ByteDance — one of the world ’ s most valuable companies — which was worth $ 100 billion in May , according to Business Insider .
Over the last few years , the app has exploded in popularity with teens and young millennials in countries like India and the United States , clocking up more than 2 billion downloads earlier this year .
It ’ s the first Chinese app that has successfully caught on in any significant way outside its home @ @ @ @ @ @ @ and its links with China have drawn scrutiny from around the world .
Last year , US lawmakers expressed concern about the company ’ s censorship of users who criticized the Chinese government and about whether the app sent the private data of Americans back to China .
To gain trust with Washington , TikTok hired Kevin Mayer , a former Disney executive in the US , to be the company ’ s CEO last year , and has said it operates separately from ByteDance .
The company stores the data of American @ @ @ @ @ @ @ Virginia and Singapore , the New York Times reported last year .

The United States is considering banning TikTok and other apps from China over national security concerns, Secretary of State Mike Pompeo told Fox News’ Laura Ingraham in an interview on Monday.
“You should know we’re taking this very seriously. We’re certainly looking at it,” said Pompeo in response to a question from Ingraham about whether the US would think about banning Chinese social media apps days after India — TikTok’s largest market outside China — banned nearly 60 Chinese apps including TikTok, following border clashes with the country.
“With respect to Chinese apps on people’s cellphones, I can assure you the United States will get this one right too, Laura,” Pompeo said. “I don’t want to get out in front of the president, but it’s something we’re looking at.”
When asked whether Americans should download TikTok on their phones, Pompeo said: “Only if you want your private information in the hands of the Chinese Communist Party.”
In response to Pompeo's comments, a TikTok spokesperson told BuzzFeed News: “TikTok is led by an American CEO, with hundreds of employees and key leaders across safety, security, product, and public policy here in the U.S. We have no higher priority than promoting a safe and secure app experience for our users. We have never provided user data to the Chinese government, nor would we do so if asked.”
Pompeo’s comments come at a time when tensions between the United States in the areas of trade, technology, and national security among others, are escalating. Last week, the Federal Communications Commission (FCC) declared Chinese telecom companies Huawei and ZTE as threats to national security and banned networks in the US from using federal funds to purchase equipment from them.
After India banned 59 Chinese apps last week, Pompeo said the United States welcomed the move to ban mobile apps “that can serve as appendages of the CCP’s surveillance state.”
TikTok is owned by Beijing-based ByteDance — one of the world’s most valuable companies — which was worth $100 billion in May, according to Business Insider. Over the last few years, the app has exploded in popularity with teens and young millennials in countries like India and the United States, clocking up more than 2 billion downloads earlier this year. It’s the first Chinese app that has successfully caught on in any significant way outside its home country.
But TikTok’s popularity and its links with China have drawn scrutiny from around the world. Last year, US lawmakers expressed concern about the company’s censorship of users who criticized the Chinese government and about whether the app sent the private data of Americans back to China.
To gain trust with Washington, TikTok hired Kevin Mayer, a former Disney executive in the US, to be the company’s CEO last year, and has said it operates separately from ByteDance. The company stores the data of American users “exclusively” on servers in Virginia and Singapore, the New York Times reported last year.


buzzfeed--2020-07-07--More Than Three Years After The Standing Rock Protests, A Judge Ordered The Dakota Access Pipeline T

More Than Three Years After The Standing Rock Protests, A Judge Ordered The Dakota Access Pipeline To Shut Down

Members of the Standing Rock Sioux Tribe and their supporters opposed to the Dakota Access Pipeline confront bulldozers in an effort to make them stop working on the pipeline , Sept. 3 , 2016 .
WASHINGTON — A federal judge in Washington on Monday ordered a complete shutdown of the Dakota Access Pipeline after finding the US government violated federal environmental law , a major defeat for the Trump administration and the company that built the pipeline three years after it became operational .
The ruling is a long-awaited win for Native American tribes that have fought the pipeline in @ @ @ @ @ @ @ lost when they tried to stop it from going online in the summer of 2017 .
They ’ ve argued that the pipeline could cause serious environmental harm to Lake Oahe , a large lake that spans the border of North and South Dakota .
The Obama administration had paused the project in 2016 — thousands of Native Americans and other protesters held large demonstrations at the site near the Standing Rock Indian Reservation — but the Trump administration reversed course and allowed construction to proceed .
US District Judge James Boasberg wrote @ @ @ @ @ @ @ would have significant economic consequences , there was no other option until the US Army Corps of Engineers completed a full Environmental Impact Statement given the “ seriousness ” of the agency ’ s violation and the potential environmental harm the pipeline posed while it carried oil in the meantime .
“ The Court does not reach its decision with blithe disregard for the lives it will affect .
It readily acknowledges that , even with the currently low demand for oil , shutting down the pipeline will cause significant disruption to DAPL @ @ @ @ @ @ @ and potentially other states , ” Boasberg wrote .
“ Yet , given the seriousness of the Corps ’ [ National Environmental Policy Act ] error , the impossibility of a simple fix , the fact that Dakota Access did assume much of its economic risk knowingly , and the potential harm each day the pipeline operates , the Court is forced to conclude that the flow of oil must cease.
” Boasberg gave the pipeline company 30 days to empty the pipeline and shut it down by Aug. 5 .
The Trump @ @ @ @ @ @ @ to the US Court of Appeals for the DC Circuit .
“ Today is a historic day for the Standing Rock Sioux Tribe and the many people who have supported us in the fight against the pipeline , ” Mike Faith , chair of the Standing Rock Sioux Tribe , said in a statement .
“ This pipeline should have never been built here .
We told them that from the beginning.
” A Justice Department spokesperson declined to comment .
Energy Transfer Partners , the parent company of the pipeline project , @ @ @ @ @ @ @ to pursue an expedited appeal before the DC Circuit if Boasberg refused to delay his order , and were `` confident that once the law and full record are fully considered Dakota Access Pipeline will not be shut down and that oil will continue to flow . ''
`` The economic implications of the Judge ’ s order are too big to ignore and we will do all we can to ensure its continued operation , '' the company stated .
`` This was an ill-thought-out decision by the Court that should be @ @ @ @ @ @ @ ruling came several months after Boasberg issued a decision in March finding the US Army Corps of Engineers had violated the National Environmental Policy Act when it gave the pipeline company permission to build under Lake Oahe .
The Army Corps conducted what ’ s known as an Environmental Assessment , and determined that a more in-depth Environmental Impact Statement wasn ’ t required .
Boasberg concluded at the time that the Army Corps was wrong .
Under the National Environmental Policy Act , the government isn ’ t always required to complete @ @ @ @ @ @ @ for a particular project , but the law lays out factors that can trigger a requirement to do one .
One is if the effect of a project on the environment is “ likely to be highly controversial.
” It ’ s a factor that turns on how much dispute there is about the “ size , nature , or effect ” of an action by the federal government .
Boasberg found that when it came to the Dakota Access Pipeline project , the Army Corps had failed to resolve the controversy over @ @ @ @ @ @ @ it approved the construction plan .
Recognizing that ordering a full shutdown was an extraordinary move , Boasberg in March gave both sides more time to argue over what he should do .
The judge noted in Monday ’ s decision that the pipeline ’ s owners raised significant concerns about the financial cost and potential job losses that would come with shutting down the pipeline now — the company submitted declarations saying it could lose $ 643 million over the rest of 2020 and another $ 1.4 billion in 2021 .
The @ @ @ @ @ @ @ submitted briefs to the court opposing a shutdown , argued there would be ripple effects on other industries that relied on oil coming through the pipeline , as opposed to by rail or other transportation routes .
The tribes , meanwhile , responded that the pipeline company ’ s prediction of economic problems were “ wildly exaggerated ” given that oil prices had already gone down because of economic instability during the coronavirus pandemic .
Boasberg wrote that it was clear the shutdown would have economic consequences , and that he did not @ @ @ @ @ @ @ but ultimately it didn ’ t “ tip the scales ” in favor of letting the pipeline continue to operate while the Army Corps did its full environmental review .
A complete shutdown would give the Army Corps incentive to stick to its estimated timeline of 13 months to complete the review , the judge wrote , and he found that siding with the pipeline company now would undermine the purpose of the environmental policy law .
“ When it comes to NEPA , it is better to ask for permission than forgiveness @ @ @ @ @ @ @ consider environmental consequences later , NEPA ’ s action-forcing purpose loses its bite , ” Boasberg wrote .
Leading up to the pipeline going operational in June 2017 , Boasberg had denied requests by the Standing Rock Sioux Tribe and other Native American tribes for injunctions based on arguments that the pipeline plan violated the tribes ’ religious freedom and historic preservation laws .
The tribes continued to press the case even after the pipeline began carrying oil .
Once the agency finishes the Environmental Impact Statement , the litigation could stretch on @ @ @ @ @ @ @ separate challenge to the outcome of that study .
The judge noted that an Environmental Impact Statement is “ a separate regulatory beast ” and that the final product could be subject to its own round of court review .

WASHINGTON — A federal judge in Washington on Monday ordered a complete shutdown of the Dakota Access Pipeline after finding the US government violated federal environmental law, a major defeat for the Trump administration and the company that built the pipeline three years after it became operational.
The ruling is a long-awaited win for Native American tribes that have fought the pipeline in court for years, and who had lost when they tried to stop it from going online in the summer of 2017. They’ve argued that the pipeline could cause serious environmental harm to Lake Oahe, a large lake that spans the border of North and South Dakota.
The Obama administration had paused the project in 2016 — thousands of Native Americans and other protesters held large demonstrations at the site near the Standing Rock Indian Reservation — but the Trump administration reversed course and allowed construction to proceed.
US District Judge James Boasberg wrote Monday that even though a shutdown likely would have significant economic consequences, there was no other option until the US Army Corps of Engineers completed a full Environmental Impact Statement given the “seriousness” of the agency’s violation and the potential environmental harm the pipeline posed while it carried oil in the meantime.
“The Court does not reach its decision with blithe disregard for the lives it will affect. It readily acknowledges that, even with the currently low demand for oil, shutting down the pipeline will cause significant disruption to DAPL, the North Dakota oil industry, and potentially other states,” Boasberg wrote. “Yet, given the seriousness of the Corps’ [National Environmental Policy Act] error, the impossibility of a simple fix, the fact that Dakota Access did assume much of its economic risk knowingly, and the potential harm each day the pipeline operates, the Court is forced to conclude that the flow of oil must cease.”
Boasberg gave the pipeline company 30 days to empty the pipeline and shut it down by Aug. 5. The Trump administration could appeal Boasberg’s decision to the US Court of Appeals for the DC Circuit.
“Today is a historic day for the Standing Rock Sioux Tribe and the many people who have supported us in the fight against the pipeline,” Mike Faith, chair of the Standing Rock Sioux Tribe, said in a statement. “This pipeline should have never been built here. We told them that from the beginning.”
A Justice Department spokesperson declined to comment. Energy Transfer Partners, the parent company of the pipeline project, said in a statement that they planned to pursue an expedited appeal before the DC Circuit if Boasberg refused to delay his order, and were "confident that once the law and full record are fully considered Dakota Access Pipeline will not be shut down and that oil will continue to flow."
"The economic implications of the Judge’s order are too big to ignore and we will do all we can to ensure its continued operation," the company stated. "This was an ill-thought-out decision by the Court that should be quickly remedied."
Monday’s ruling came several months after Boasberg issued a decision in March finding the US Army Corps of Engineers had violated the National Environmental Policy Act when it gave the pipeline company permission to build under Lake Oahe. The Army Corps conducted what’s known as an Environmental Assessment, and determined that a more in-depth Environmental Impact Statement wasn’t required.
Boasberg concluded at the time that the Army Corps was wrong. Under the National Environmental Policy Act, the government isn’t always required to complete an Environmental Impact Statement before granting permits for a particular project, but the law lays out factors that can trigger a requirement to do one. One is if the effect of a project on the environment is “likely to be highly controversial.” It’s a factor that turns on how much dispute there is about the “size, nature, or effect” of an action by the federal government.
Boasberg found that when it came to the Dakota Access Pipeline project, the Army Corps had failed to resolve the controversy over the environmental effects of the pipeline when it approved the construction plan.
Recognizing that ordering a full shutdown was an extraordinary move, Boasberg in March gave both sides more time to argue over what he should do.
The judge noted in Monday’s decision that the pipeline’s owners raised significant concerns about the financial cost and potential job losses that would come with shutting down the pipeline now — the company submitted declarations saying it could lose $643 million over the rest of 2020 and another $1.4 billion in 2021. The company, along with other groups that submitted briefs to the court opposing a shutdown, argued there would be ripple effects on other industries that relied on oil coming through the pipeline, as opposed to by rail or other transportation routes.
The tribes, meanwhile, responded that the pipeline company’s prediction of economic problems were “wildly exaggerated” given that oil prices had already gone down because of economic instability during the coronavirus pandemic.
Boasberg wrote that it was clear the shutdown would have economic consequences, and that he did not take the issue “lightly,” but ultimately it didn’t “tip the scales” in favor of letting the pipeline continue to operate while the Army Corps did its full environmental review. A complete shutdown would give the Army Corps incentive to stick to its estimated timeline of 13 months to complete the review, the judge wrote, and he found that siding with the pipeline company now would undermine the purpose of the environmental policy law.
“When it comes to NEPA, it is better to ask for permission than forgiveness: if you can build first and consider environmental consequences later, NEPA’s action-forcing purpose loses its bite,” Boasberg wrote.
Leading up to the pipeline going operational in June 2017, Boasberg had denied requests by the Standing Rock Sioux Tribe and other Native American tribes for injunctions based on arguments that the pipeline plan violated the tribes’ religious freedom and historic preservation laws.
The tribes continued to press the case even after the pipeline began carrying oil. Once the agency finishes the Environmental Impact Statement, the litigation could stretch on if the tribes decided to lodge a separate challenge to the outcome of that study. The judge noted that an Environmental Impact Statement is “a separate regulatory beast” and that the final product could be subject to its own round of court review.


buzzfeed--2020-07-08--Tom Hanks Opened Up About His "Crippling" Coronavirus Symptoms And Urged People To Take The Pandemic

Tom Hanks Opened Up About His "Crippling" Coronavirus Symptoms And Urged People To Take The Pandemic Seriously

Tom said that his team of doctors were mostly concerned with making sure their symptoms did n't get any worse @ @ @ @ @ going to be in trouble '' :

Tom said that his team of doctors were mostly concerned with making sure their symptoms didn't get any worse, or they "were going to be in trouble":


buzzfeed--2020-07-08--More Than Three Years After The Standing Rock Protests, A Judge Ordered The Dakota Access Pipeline T


buzzfeed--2020-07-09--Coronavirus Couture Is Now A Thing That Exists

The most eye-popping look of the collection , though , has to be this one : `` Its A-line volume @ @ @ @ @ your own safe zone while venturing out into the world . ''

The most eye-popping look of the collection, though, has to be this one: "Its A-line volume guarantees you will remain in your own safe zone while venturing out into the world."


buzzfeed--2020-07-08--Tulsa's Top Health Official Said Trump's Rally Likely Contributed To The Surge In COVID-19 Cases The

Tulsa's Top Health Official Said Trump's Rally Likely Contributed To The Surge In COVID-19 Cases There

BuzzFeed News has reporters around the world bringing you trustworthy stories about the impact of the coronavirus .
To help keep this news free , become a member .
A top health official in Oklahoma said Wednesday that President Donald Trump 's rally in Tulsa last month and the protests associated with the event `` more than likely '' contributed to the surge in coronavirus cases .
In Tulsa County , 206 new cases of COVID-19 were identified on Tuesday , Dr. Bruce Dart , director of the Tulsa City–County Health Department , told reporters at a press conference .
@ @ @ @ @ @ @ — a record high for the county .
`` Right now we do have the highest number of cases [ in Oklahoma ] , '' Dart said .
`` We ’ ve had some significant events in the past few weeks that more than likely contributed to that . ''
Asked again about the Trump rally , which was held on June 20 , Dart discussed the average time it takes between an infection and a case to be diagnosed .
`` The past two days we ’ ve had almost 500 cases @ @ @ @ @ @ @ large events a little over two weeks ago , which is about right , '' he said .
`` So I guess we just connect the dots . ''
More than 1,000 people are currently infected with COVID-19 in the county , according to public health data .
At least 72 people have died .
A graph of new cases in Tulsa County has fluctuated wildly since the June 20 rally , although the average number of new cases has been exponentially increasing there since early June .

A top health official in Oklahoma said Wednesday that President Donald Trump's rally in Tulsa last month and the protests associated with the event "more than likely" contributed to the surge in coronavirus cases.
In Tulsa County, 206 new cases of COVID-19 were identified on Tuesday, Dr. Bruce Dart, director of the Tulsa City–County Health Department, told reporters at a press conference. On Monday, there were 261 cases — a record high for the county.
"Right now we do have the highest number of cases [in Oklahoma]," Dart said. "We’ve had some significant events in the past few weeks that more than likely contributed to that."
Asked again about the Trump rally, which was held on June 20, Dart discussed the average time it takes between an infection and a case to be diagnosed. "The past two days we’ve had almost 500 cases, and we knew we had several large events a little over two weeks ago, which is about right," he said. "So I guess we just connect the dots."
More than 1,000 people are currently infected with COVID-19 in the county, according to public health data. At least 72 people have died.
A graph of new cases in Tulsa County has fluctuated wildly since the June 20 rally, although the average number of new cases has been exponentially increasing there since early June.


buzzfeed--2020-07-09--Facebook Said It “Stands Firmly Against Hate.” It’s Still Running A White Nationalist Ad.

“ White people make up just 8 % of the world 's population so if you flood all white majority countries with nonwhites you eliminate white children for ever , ” White Wellbeing Australia ’ s Facebook ad read , accompanied by a cartoon drawing of a white woman .
“ There will still be a billion Africans in Africa a billion Indians in India and 2 billion Asians in Asia.
” Since July 4 , the company has been running an ad from “ White Wellbeing Australia , ” a two-month-old Facebook page with 386 followers that has posted @ @ @ @ @ @ @ and fearmongered about the erasure of white children .
But as Sandberg hit publish , the social network was running an ad from a white nationalist Facebook page .
On Tuesday , ahead of a meeting with social justice organizations and the release of a civil rights audit that took two years to complete , Facebook Chief Operating Officer Sheryl Sandberg wrote on her personal page that the company “ stands firmly against hate.
” Facebook 's ad library shows that a page promoting white nationalism has been running an ad on the @ @ @ @ @ @ @ Facebook spokesperson was not able to immediately provide a comment on the ad .
The ad comes at a particularly fraught time for Facebook , in which it has faced an external ad boycott from major corporations as well as internal employee pressure for its handling of hateful and racist content .
Its executives have promised that the company is doing more to clarify and enforce its policies — particularly following a decision to leave up a post from President Donald Trump suggesting violence against protesters .
But critics are getting tired of @ @ @ @ @ @ @ meeting with Facebook CEO Mark Zuckerberg , Sandberg , and other company leaders , the organizers of the ad boycott said that all they heard were the “ same old talking points.
” “ I ’ m deeply disappointed that Facebook still refuses to hold itself accountable to its users , its advertisers and society at large , ” said Jessica J. González , co-CEO of Free Press , one of the groups behind the # StopProfitForHate boycott .
“ I was hoping to see deep humility and reflection about the outsized role @ @ @ @ @ @ @ opinions and behavior , and the many harms it ’ s caused and facilitated in real life .
Instead we saw more dialogue and no action.
” Have a tip about Facebook or another technology company ?
We 'd love to hear from you .
Reach out at ryan.mac @ buzzfeed.com or via one of our tip line channels .
Zuckerberg , who has majority shareholder control of the company , has resisted calls for accountability , a stance that came into sharp relief on Wednesday , with the release of Facebook ’ @ @ @ @ @ @ @ on Wednesday , the two-year study found the company 's decisions “ represent significant setbacks for civil rights , ” including leaving up one post from President Trump alleging “ illegal ” absentee ballot voting and another that stated “ once the looting starts , the shooting starts.
” “ Even if not always enforced , the company ’ s policy changes demonstrated to the public , its own employees , and regulators that the only thing missing from Facebook leadership ’ s efforts is their own political will and courage , ” @ @ @ @ @ @ @ rights group Color of Change , said in a statement .
“ Ridding the platform of hate and misinformation against Black people only became a priority when there was a PR crisis to endure.
” Robinson criticized the company for not adding a C-suite executive to handle civil rights , although Facebook did create a role for senior vice president of civil rights that will report through the company ’ s legal department and to Sandberg .
The company also made it clear that it felt it was under no legal obligation to @ @ @ @ @ @ @ June , BuzzFeed News found that the company had been running paid content from the Boogaloo movement , a group of anti-government extremists calling for violence against police and state officials .
The white nationalist ad found by BuzzFeed News on Wednesday makes it clear that Facebook still hasn ’ t rid its platform of hateful content , and is still profiting off it .
According to its Facebook page , the ad 's creator , White Wellbeing Australia , claims to be a “ wellbeing community ” seeking “ to share information @ @ @ @ @ @ @ contacts online and in the community.
” Because the ad is not classified as a political cause , Facebook ’ s ad library does not show how much was spent on the paid content , or who it targeted .
The ad began running on July 4 .
Created on April 25 and managed out of Australia , the page has posted racist memes and content suggesting whites should “ protect your people.
” In a May 23 post , the page wrote , “ Antiwhites use the myth of 'complexity ' to @ @ @ @ @ @ @ all white majority countries.
” “ You do n't have to be a genius to understand that Demographics is Destiny , ” the post read , accompanied by an image that stated “ # WhiteGenocide.
” An administrator for the page did not return a request for comment from BuzzFeed News .

Facebook took down the ad more than six hours after being alerted to it by BuzzFeed News.
“The ads shouldn’t have run on Facebook and they’ve been removed," said Rob Leathern, director of product management at Facebook. "We’ve also permanently banned this Page from using our advertising system.”
The ad comes at a particularly fraught time for Facebook, in which it has faced an external ad boycott from major corporations as well as internal employee pressure for its handling of hateful and racist content. Its executives have promised that the company is doing more to clarify and enforce its policies — particularly following a decision to leave up a post from President Donald Trump suggesting violence against protesters.
But critics are getting tired of the assurances.
Yesterday, following a meeting with Facebook CEO Mark Zuckerberg, Sandberg, and other company leaders, the organizers of the ad boycott said that all they heard were the “same old talking points.”
“I’m deeply disappointed that Facebook still refuses to hold itself accountable to its users, its advertisers and society at large,” said Jessica J. González, co-CEO of Free Press, one of the groups behind the #StopProfitForHate boycott. “I was hoping to see deep humility and reflection about the outsized role that Facebook plays in shaping beliefs, opinions and behavior, and the many harms it’s caused and facilitated in real life. Instead we saw more dialogue and no action.”
Have a tip about Facebook or another technology company? We'd love to hear from you. Reach out at ryan.mac@buzzfeed.com or via one of our tip line channels.
Zuckerberg, who has majority shareholder control of the company, has resisted calls for accountability, a stance that came into sharp relief on Wednesday, with the release of Facebook’s long-awaited civil rights audit.
Published on Wednesday, the two-year study found the company's decisions “represent significant setbacks for civil rights,” including leaving up one post from President Trump alleging “illegal” absentee ballot voting and another that stated “once the looting starts, the shooting starts.”
“Even if not always enforced, the company’s policy changes demonstrated to the public, its own employees, and regulators that the only thing missing from Facebook leadership’s efforts is their own political will and courage,” Rashad Robinson, the president of civil rights group Color of Change, said in a statement. “Ridding the platform of hate and misinformation against Black people only became a priority when there was a PR crisis to endure.”
Robinson criticized the company for not adding a C-suite executive to handle civil rights, although Facebook did create a role for senior vice president of civil rights that will report through the company’s legal department and to Sandberg. The company also made it clear that it felt it was under no legal obligation to follow the audit's suggestions.
In June, BuzzFeed News found that the company had been running paid content from the Boogaloo movement, a group of anti-government extremists calling for violence against police and state officials. The white nationalist ad found by BuzzFeed News on Wednesday makes it clear that Facebook still hasn’t rid its platform of hateful content, and is still profiting off it.
According to its Facebook page, the ad's creator, White Wellbeing Australia, claims to be a “wellbeing community” seeking “to share information and allow like minded people to create contacts online and in the community.” Because the ad is not classified as a political cause, Facebook’s ad library does not show how much was spent on the paid content, or who it targeted. The ad began running on July 4.
Created on April 25 and managed out of Australia, the page has posted racist memes and content suggesting whites should “protect your people.” In a May 23 post, the page wrote, “Antiwhites use the myth of 'complexity' to justify harming and replacing white children in all white majority countries.”
“You don't have to be a genius to understand that Demographics is Destiny,” the post read, accompanied by an image that stated “#WhiteGenocide.”
An administrator for the page did not return a request for comment from BuzzFeed News.


buzzfeed--2020-07-08--Equinox Instructors Feel Betrayed And Scared As Gyms Start To Open

“ I 'm a poor person… I just do n't get how they 're comfortable with those losses happening at the bottom .
It 's just so weird and greedy to me.
” When Monica Davis , a Southern California barre and cardio class instructor , teaches a group fitness class , it takes her about an hour to commute to the gym , an hour to put together a playlist , another hour to plan the class itself , an hour to teach it , and another hour to commute back home .
Davis works for Equinox , an @ @ @ @ @ @ @ than 80 locations across the US , Canada , and the UK .
Before the coronavirus outbreak hit , she was being paid $ 60 a class .
When the gyms closed , Equinox paid Davis 75 % of what she ’ d been making while teaching .
Now , gyms in the US are beginning to reopen despite rising COVID-19 cases nationally , meaning group fitness instructors like Davis are facing the prospect of teaching classes indoors , to sweating , panting students — many of whom , instructors like Davis say @ @ @ @ @ @ @ masks .
Columbia University health policy professor Irwin Redlener said during an interview with BuzzFeed News earlier this spring that even if gyms spaced out equipment , there would still be a lot of close contact between members and staff , which could spread the virus further .
Redlener said that without sufficient testing and contract tracing , gyms wo n't be safe .
As gyms reopen , he said , `` if the virus actually ends up being still prevalent and we 're not aware of who has it , who doesn @ @ @ @ @ @ @ about the safety of both the employees of the gym and the customers.
” But despite the risk , Equinox is asking its group fitness instructors to come back to the gym and teach classes at a discounted rate , keeping the teachers at their 75 % pay , rather than restoring their pre-COVID-19 rates .
Instructors have also been asked to help clean the group fitness studios after classes , without additional pay , as part of an effort to more frequently deep-clean the studios , according to company emails shared with @ @ @ @ @ @ @ instructors based in California and Washington , DC , and reviewed nearly two dozen emails , which include ones from instructors sent to Equinox management raising their concerns as well as company responses and announcements , and Facebook conversations between instructors .
The messages show an overwhelming nervousness and frustration from instructors being asked to return to work before they feel safe — and to do so not only without hazard pay , but for a reduced wage .
“ Everybody was like , Okay , record scratch .
What ?
” Davis @ @ @ @ @ @ @ News .
“ Now I 'm working for $ 45 for five hours of work .
That comes out to what , $ 9 an hour ?
Now in essence I 'm under minimum wage.
” ( Minimum wage in California , where Davis works , is $ 12 per hour , but she is paid on a per-class basis and her prep work isn ’ t accounted for . )
Another Equinox instructor who has worked in both New York and Washington , DC , gyms , who asked to remain anonymous @ @ @ @ @ @ @ simply : “ I honestly think it 's ridiculous .
I think it 's absolutely ridiculous.
” The instructor now lives in DC , and when she was asked to come back to work she said she wasn ’ t comfortable .
“ Everyone 's kind of loosened up a bit , but I do n't think that means that I can go into a sweaty , hot environment where , you know , part of my job is like touching people .
I 'm obviously not going to do that , ” @ @ @ @ @ @ @ manager said ] ‘ You ’ re going to be be paid 75 % of your normal rate until Equinox gets back on its feet , ’ I was kinda like , What the fuck , Equinox ?
” The DC instructor was told that if she didn ’ t come back to teach within two months of her location reopening , she would be considered an inactive employee and be required to reaudition for her role .
“ I am really leery about going inactive and being kicked off the payroll , @ @ @ @ @ @ @ being sketchy about it , ” she said .
Instead , she said she believes no instructor should be considered “ inactive ” if they don ’ t immediately return because of the pandemic .
Liz Levitan , a spokesperson for Equinox , said the DC employee had received inaccurate information .
“ After 8 weeks we simply rehire an employee who goes inactive in payroll .
No audition is required , ” she wrote in an emailed statement to BuzzFeed News last Thursday .
“ In our clubs that we have reopened @ @ @ @ @ @ @ 100 % of our teams.
” But that same morning , Equinox ’ s executive chair Harvey Spevak announced that the company was furloughing some instructors and other employees who have not returned to work , including the DC instructor and Davis .
According to a source close to the company , 1,500 employees were furloughed .
According to Spevak ’ s announcement , which was shared with BuzzFeed News by two Equinox employees , active employees of open clubs will continue to receive their “ initial opening compensation , ” and some @ @ @ @ @ @ @ as active employees , including “ Group Fitness Instructors with greater than 14 classes/week.
” But the announcement made no mention of inactive employees at open locations like Davis and the DC instructor who had not yet returned to teach out of fears for their safety .
They both soon learned via email that they were among the furloughed group .
Three days later , neither employee had received any more information about if or how they could return to teaching when they felt safe .
“ I ’ m pissed , ” @ @ @ @ @ @ @ message to BuzzFeed News .
“ I ’ m pretty mad that no one called me before I got the email and that STILL no one has reached out.
” Levitan said in a statement that Equinox was proud to compensate its employees for as long as it did while gyms were closed .
“ We have already welcomed back 95 percent of our team in the markets in which we have reopened , and it is our hope and our intention to welcome back as much of our team as possible as @ @ @ @ @ @ @ said .
“ With city and state governments in New York , New Jersey and the Bay Area unable to give us any certainty regarding reopening , we have no choice but to furlough certain members of the team in our unopened markets.
” In a follow-up statement after BuzzFeed News asked for clarification on the terms of the furloughs , Equinox spokesperson Samantha Bonizzi said , “ As markets reopen , instructors have been and will continue to be welcomed back with no re-audition necessary.
” But Davis is an instructor in @ @ @ @ @ @ @ prior to being furloughed , she ’ d had a conversation with her manager about returning to the gym .
She said she was given just two days to sign an agreement that would lock in her pay cut and bring her back to work .
“ [ I said , ] ‘ You guys are asking the people at the bottom of your food chains to take this hit and bear the breadth of lost revenue , and I just kind of want you to know that like , I 'm a @ @ @ @ @ @ @ a poor person to now earn 25 % less , ’ ” she told BuzzFeed News .
“ I just do n't get how they 're comfortable with those losses happening at the bottom .
It 's just so weird and greedy to me.
” Another Southern California instructor wrote an email to Spevak on June 13 calling the pay cuts “ disappointing and devaluing.
” If you 're someone who is seeing the impact of the coronavirus firsthand , we ’ d like to hear from you .
Reach out to us @ @ @ @ @ @ @ .
“ In addition to the hourly rate decrease , our duties have been expanded and most important so [ has ] our vulnerability to the virus , ” the instructor wrote .
“ The increased measures are not a safeguard to being in a room of breathing , sweating people even with social distancing.
” The instructor signed off , “ On behalf of myself and all group fitness instructors who have devoted years to Equinox ( 16 years personally ) , it is only fair to pay us our original teaching @ @ @ @ @ @ @ we can return to work as a valued employee.
” Although she ’ s young and healthy , Davis is still nervous about the safety of returning to work , even if she were to be paid in full .
“ Gyms are , if nothing else , recycled air and body fluids , ” she said .
“ Even on our best day — I 'm somebody who is in really good health and I have really strong lungs because I exercise for a living , I take a multivitamin — but @ @ @ @ @ @ @ ” Equinox has said it intends to follow all guidance from the CDC , which Davis said is good in theory , but she thinks it ’ s unlikely to happen in practice .
“ I 'm thinking , yeah , that 's great , you know , that 's great in a vacuum .
But when you start dealing with Equinox clientele , it 's like , these are really spoiled , entitled people , ” she said .
Already , at least one Equinox member has tested positive for COVID-19 since @ @ @ @ @ @ @ a notification they got from the company announcing that a member at the Beverly Hills location who tested positive had been in the gym the mornings of June 20 and June 22 .
“ The member was primarily in the Group Fitness Studio , cardio area and strength floors , ” the email said .
Only people who were in the gym at that time got the notification , and many instructors learned about the positive case in the Facebook Group .
Levitan confirmed the case , and said the company had only @ @ @ @ @ @ @ of caution ” and hadn ’ t closed for cleaning because the gyms are cleaned three times throughout the day and once more overnight .
On Thursday , July 2 , another instructor shared a similar notification they ’ d gotten after an employee at Equinox ’ s Century City location had tested positive .
( Equinox did not respond to a request for comment on the case . )
Another Southern California instructor , who teaches yoga and asked to remain anonymous so she could speak freely about Equinox , said she @ @ @ @ @ @ @ return was handled poorly .
“ I got an email from my manager basically saying , ‘ I hope you guys are still in great shape , because we 're opening Tuesday.
’ The email was so blasé , ” she said .
“ Just , oh , we 're supposed to have stayed in good shape for the past three months ?
Our world was shut down.
” She said she was also frustrated because there was no personal check-in when employees were asked to return .
“ It was just sort @ @ @ @ @ @ @ was no reach out for managers or like , ‘ Hey , checking in .
Are you high risk ?
Do you want to come back to work ?
’ That type of thing .
‘ Do you have childcare ?
’ ” she said .
She said she feels like managers have been “ guilt-tripping ” employees to come back to work because they were paid 75 % of their fees during the shutdown .
“ People pushed back , and the manager said , ‘ Oh , but we paid you @ @ @ @ @ @ @ and there was a whole guilt trip going on.
” The instructor also said she was upset because while Equinox paid instructors their discounted rate while the gyms were closed , it did not do so for maintenance staff .
“ So we got 75 % , but the [ maintenance staff ] … were not paid for three months , which I find disgusting , ” she said .
Levitan , the Equinox spokesperson , confirmed that maintenance staff was not paid during the shutdown .
“ Despite the pressure of having @ @ @ @ @ @ @ have kept much of our workforce with as minimal reduction in pay as possible and are continuing health coverage for all employees enrolled , ” she said in an email .
“ A subset of employees unable to work have been furloughed , and that decision was made based on a variety of factors , including new government legislation passed in response to the COVID-19 pandemic.
” Now that employees are returning to work , it ’ s still unclear to them whether members and staff will be required to wear masks in @ @ @ @ @ @ @ ’ re teaching .
It ’ s something that ’ s been a frequent topic in a Facebook Group of Southern California Equinox group fitness instructors , screenshots of which were shared with BuzzFeed News by two employees .
“ I wear a mask and constantly think I should drop my classes , ” one instructor recently wrote .
“ Better spacing at [ Equinox ’ s ] Hollywood [ location ] , but does that really matter when [ a ] student sneezes ?
” Several other instructors wrote in the group @ @ @ @ @ @ @ person in their group class wearing a face mask .
“ I felt [ the students ] didn ’ t actually love that I was wearing one , but maybe I ’ m projecting and was uncomfortable because they weren ’ t wearing masks , ” one posted in the group .
“ One girl asked if I preferred they wear masks .
I said I preferred they wear them , but if it ’ s too uncomfortable that ’ s okay .
So , no one wore them.
” While it was @ @ @ @ @ @ @ she wrote , “ their sweat freaked me out , ” and it took extra energy to pretend it didn ’ t bother her .
In a June 19 email to group fitness instructors , a West Hollywood manager clarified the rules .
“ You do not have to wear a mask when you teach , ” the manager wrote .
“ But , if you are walking around the club before or after your class , please wear a blue mask or the black Equinox mask .
We are trying to keep @ @ @ @ @ @ @ ” Levitan said in an email to BuzzFeed News July 2 that Equinox ’ s rules adhere to local law .
In California , where masks are required , Levitan said , “ Our teams are provided with face masks and gloves and as mandated by local law , members are required to wear a mask and gloves at all times.
” Last Thursday , after gyms in California had been open for about a week , one member posted in the Facebook Group to ask how instructors have been feeling and whether @ @ @ @ @ @ @ feel safe ?
Do I feel like [ Equinox ] is looking out for me with managerial support ?
Not really , ” one instructor responded .
Another instructor outlined his concerns in a June 24 email to Spevak and Equinox ’ s head of HR , noting that he was told that gloves , too , were optional in the gym .
“ How are gloves ‘ optional ’ ?
” he wrote .
The instructor wrote that he teaches in several locations in the Los Angeles area and that at some @ @ @ @ @ @ @ glaringly obvious.
” The instructor attached photos of spin bikes that were stationed just 3 feet apart , only half of the CDC ’ s recommended 6 feet of distance to help stop the spread of the virus .
“ If there were to be an outbreak of Covid 19 at Equinox , given the current conditions , it will happen in the group fitness space , ” he wrote .
The instructor said he is at high risk for severe illness should he contract the virus , so he ’ s been @ @ @ @ @ @ @ raised concerns in the past to management , he was “ met with excuses as to why things will not change.
” “ When I suggested to members that they should wear a mask because I had taught a lot of classes that day and probably a high risk for exposure , I was called by management and told not to say anything as it was perceived as offensive and that members signed a waver [ sic ] so it is at their discretion , ” the instructor wrote .
“ I was @ @ @ @ @ @ @ that bikes ( specifically ) would not be moved and house rules , masks ect [ sic ] ... .would not be enforced because their primary concern was revenue not on member safety .
If there is any indication that the gym is not safe , then members might cancel , new members might not join and refunds might be requested.
” Levitan , the Equinox spokesperson , said in an email that any bikes in use in cycling studios are spaced 6 feet apart , and if any bikes are closer than @ @ @ @ @ @ @ because they are not in use .
To ensure that , Levitan said the saddles on unused bikes are removed .
The instructor attached two pictures of the cycling studio to his email , which showed the saddles on all bikes .
Davis said the situation has been personally devastating to her after dedicating years of her life to the company .
Before , she said , she felt safe because of how many LGBTQ people and people of color she worked with .
She referenced Equinox ’ s owner , Stephen Ross @ @ @ @ @ @ @ SoulCycle and faced calls for a boycott of the brands after he hosted a fundraiser for President Donald Trump last summer .
“ I 'm a woman of color .
I just feel like my workplace , Equinox , who I devoted three really loyal years of my life to , who I stuck by after some Stephen Ross Trumpy bullshit , it 's like I just always felt so supported , ” she said last week .
“ This image that Equinox is feeding is so far and away opposite once you @ @ @ @ @ @ @ .
Once you start getting to like the executive level , it is all , trust me , Trumpy , greedy , capitalist-y bullshit.
” ●

Levitan, the Equinox spokesperson, confirmed that maintenance staff was not paid during the shutdown.
“Despite the pressure of having no revenue during club closure, we have kept much of our workforce with as minimal reduction in pay as possible and are continuing health coverage for all employees enrolled,” she said in an email. “A subset of employees unable to work have been furloughed, and that decision was made based on a variety of factors, including new government legislation passed in response to the COVID-19 pandemic.”
Now that employees are returning to work, it’s still unclear to them whether members and staff will be required to wear masks in the gyms or in the classes they’re teaching. It’s something that’s been a frequent topic in a Facebook Group of Southern California Equinox group fitness instructors, screenshots of which were shared with BuzzFeed News by two employees.
“I wear a mask and constantly think I should drop my classes,” one instructor recently wrote. “Better spacing at [Equinox’s] Hollywood [location], but does that really matter when [a] student sneezes?”
Several other instructors wrote in the group saying they’d been the only person in their group class wearing a face mask.
“I felt [the students] didn’t actually love that I was wearing one, but maybe I’m projecting and was uncomfortable because they weren’t wearing masks,” one posted in the group. “One girl asked if I preferred they wear masks. I said I preferred they wear them, but if it’s too uncomfortable that’s okay. So, no one wore them.”
While it was nice to teach people in person, she wrote, “their sweat freaked me out,” and it took extra energy to pretend it didn’t bother her.
In a June 19 email to group fitness instructors, a West Hollywood manager clarified the rules.
“You do not have to wear a mask when you teach,” the manager wrote. “But, if you are walking around the club before or after your class, please wear a blue mask or the black Equinox mask. We are trying to keep everyone looking the same who works here.”
Levitan said in an email to BuzzFeed News July 2 that Equinox’s rules adhere to local law.
In California, where masks are required, Levitan said, “Our teams are provided with face masks and gloves and as mandated by local law, members are required to wear a mask and gloves at all times.”
Last Thursday, after gyms in California had been open for about a week, one member posted in the Facebook Group to ask how instructors have been feeling and whether they feel safe. “Do I feel safe? Do I feel like [Equinox] is looking out for me with managerial support? Not really,” one instructor responded.
Another instructor outlined his concerns in a June 24 email to Spevak and Equinox’s head of HR, noting that he was told that gloves, too, were optional in the gym.
“How are gloves ‘optional’?” he wrote. The instructor wrote that he teaches in several locations in the Los Angeles area and that at some locations, “inadequate social distancing is glaringly obvious.”
The instructor attached photos of spin bikes that were stationed just 3 feet apart, only half of the CDC’s recommended 6 feet of distance to help stop the spread of the virus. “If there were to be an outbreak of Covid 19 at Equinox, given the current conditions, it will happen in the group fitness space,” he wrote.
The instructor said he is at high risk for severe illness should he contract the virus, so he’s been hypervigilant, but when he’s raised concerns in the past to management, he was “met with excuses as to why things will not change.”
“When I suggested to members that they should wear a mask because I had taught a lot of classes that day and probably a high risk for exposure, I was called by management and told not to say anything as it was perceived as offensive and that members signed a waver [sic] so it is at their discretion,” the instructor wrote. “I was told in confidence from one manager, that bikes (specifically) would not be moved and house rules, masks ect [sic] ....would not be enforced because their primary concern was revenue not on member safety. If there is any indication that the gym is not safe, then members might cancel, new members might not join and refunds might be requested.”
Levitan, the Equinox spokesperson, said in an email that any bikes in use in cycling studios are spaced 6 feet apart, and if any bikes are closer than 6 feet, it’s only because they are not in use. To ensure that, Levitan said the saddles on unused bikes are removed. The instructor attached two pictures of the cycling studio to his email, which showed the saddles on all bikes.
Davis said the situation has been personally devastating to her after dedicating years of her life to the company. Before, she said, she felt safe because of how many LGBTQ people and people of color she worked with. She referenced Equinox’s owner, Stephen Ross, who also owns the spinning brand SoulCycle and faced calls for a boycott of the brands after he hosted a fundraiser for President Donald Trump last summer.
“I'm a woman of color. I just feel like my workplace, Equinox, who I devoted three really loyal years of my life to, who I stuck by after some Stephen Ross Trumpy bullshit, it's like I just always felt so supported,” she said last week. “This image that Equinox is feeding is so far and away opposite once you start sort of peeling back the layers. Once you start getting to like the executive level, it is all, trust me, Trumpy, greedy, capitalist-y bullshit.” ●


buzzfeed--2020-07-08--The Leaders Of Sleeping Giants Are Splitting Over A Dispute On Credit And Titles

Nandini Jammi is leaving the activist organization she helped build with Matt Rivitz over a dispute about titles , credit , and equality .
Since 2016 , copywriter Matt Rivitz and marketer Nandini Jammi have run Sleeping Giants , a social media campaign group that has pressured companies to stop financially supporting far-right media .
They persuaded more than 4,000 companies to pull ads from Breitbart .
They helped drive Bill O'Reilly from Fox News .
They have independently run affiliates in nearly a dozen countries .
And today , they are splitting up over a dispute centered on titles @ @ @ @ @ @ @ My life has revolved around Sleeping Giants for nearly four years now , and I had accepted that this movement was more important than whatever I ’ ve been going through , ” Jammi told BuzzFeed News .
“ But it was clear that even though I was doing the same level of work as Matt , he did not consider me an equal.
” Sleeping Giant 's decentralized structure — in which Jammi and Rivitz initially split duties without one of them formally being in charge — allowed it to move quickly @ @ @ @ @ @ @ conflict over the public face of the group would never be resolved — and eventually broke it apart .
Jammi said that she treated Sleeping Giants as a full-time job and led several of its successes , but Rivitz never properly recognized her leadership .
Social media has made it easier for activist groups — from Occupy Wall Street to Black Lives Matter — to take decentralized forms , lowering the barriers to participation .
“ It is the ultimate form of early 21st-century activism .
It can be three people in a @ @ @ @ @ @ @ Rojas , a professor of sociology at Indiana University Bloomington , told BuzzFeed News .
But decentralization comes with its own problems .
Jammi is now leaving the organization she helped build at a moment when the activist group is urging advertiser boycotts against Facebook .
In an all-volunteer organization where no one is paid , titles and credit took on an even greater significance .
“ I ’ m still going to be here working everyday to solve the issues we first brought awareness to when we first started this campaign , @ @ @ @ @ @ @ still be here supporting the activists and organizations who are fighting this fight around the world.
” According to the many published accounts of Sleeping Giants ’ genesis , and interviews with Rivitz , Jammi , and others who worked with the group , its story goes like this : Rivitz , an ad industry veteran who lives in California , started Sleeping Giants on Nov. 16 , 2016 , with a Twitter account .
In its first two weeks of operation , the account quickly amassed more than 1,000 followers and successfully @ @ @ @ @ @ @ Breitbart , he said .
Jammi , who lives in the Washington , DC , area , had a similar idea later the same month , arguing on Twitter that Old Navy should stop advertising on Breitbart .
( It was the first ad she saw when she went to the site . )
Rivitz messaged Jammi after reading a post she published on Medium on Nov. 24 in which she laid out her case , and the two began talking about a collaboration .
They soon developed a rough division of labor @ @ @ @ @ @ @ which today has nearly 300,000 followers , and Jammi the smaller Facebook page , which today has more than 71,000 .
Along with a small group of volunteers , they began notching victories , pressuring major advertisers from Audi to Zillow to add Breitbart to their advertising blacklists .
In April 2019 , Steve Bannon , the former executive chair of the site , said Breitbart ’ s ad revenues fell 90 % as a result of the campaign .
Jammi and Rivitz worked together , but also took the lead on different @ @ @ @ @ @ @ a campaign targeting Robert Mercer , the former co-chief executive of hedge fund Renaissance Technologies , and also pressured Stripe , PayPal , and other platforms to stop processing payments for far-right activists and groups .
She also pushed for Bank of America to stop doing business with private prisons , among other campaigns .
Rivitz vetted and organized international chapters of Sleeping Giants , set up driving billboards around Amazon and Facebook campuses to pressure them to sever ties with Breitbart News , campaigned against YouTube and Facebook giving a platform to @ @ @ @ @ @ @ up and ran the e-commerce store among other projects .
On July 16 , 2018 , conservative news site the Daily Caller outed Rivitz as what it called the group ’ s founder : `` Sleeping Giants was founded by Matt Rivitz , an award-winning ad copywriter based in San Francisco , a Daily Caller News Foundation investigation has found , '' the site wrote .
Two days later , the New York Times presented a different account .
In a profile titled , in the plural , `` Revealed : The People @ @ @ @ @ @ @ the paper described Rivitz as having been `` identified as the account ’ s creator , ” and that he `` runs the account with Nandini Jammi , 29 , a freelance copywriter and marketing consultant , along with other still anonymous contributors . ''
`` Shortly after Mr. Rivitz started the account , it caught the attention of Ms. Jammi , an American who lives in Berlin , '' the New York Times wrote .
Jammi said she had asked Sapna Maheshwari , the Times reporter writing the profile , to call @ @ @ @ @ @ @ overruled her , telling Jammi that she would be interviewed as a “ member of Sleeping Giants , ” according to Twitter direct messages that Jammi shared with BuzzFeed News .
“ Given that we never discussed her title previously , I was definitely surprised to hear that she had named herself cofounder , ” Rivitz said .
“ As I did not believe that was her role , having come on after I had already established the campaign , I corrected the record according to this belief.
” In the end , @ @ @ @ @ @ @ for either Rivitz or Jammi .
( Maheshwari , who previously worked as a reporter at BuzzFeed News , declined to comment . )
For Jammi it was the first signal that their relationship might not have a happy future .
In August 2018 , Jammi told Rivitz she was worried about being “ sidelined.
” “ Having a title represents opportunities — to write , speak and be invited to the table to contribute to a discussion we have both been helping to shape ...
I ’ ve been working with you @ @ @ @ @ @ @ imagined that we were partners on the project , ” Jammi wrote in an email to him on Aug. 12 .
“ However , I ’ m starting to feel wary of being sidelined .
I ’ m wary that this above ambiguity could keep me from realizing my ambitions and the impact I want to have as a pro marketer/WOC in my space.
” “ Jesus .
I feel horrible about this and had no idea , but I ’ m glad you reached out and let ’ s talk about roles @ @ @ @ @ @ @ , ” Rivitz wrote in response .
“ As you said , we ’ ve never talked about it and it ’ s time now that everything is out in the open .
You deserve a ton of credit for all of this and you ’ ll get it .
Promise.
” Rivitz said he later told her that although he was the founder , “ Sleeping Giants is a flat organization , ” and that she could choose her title .
But by December , Jammi began calling herself a cofounder , @ @ @ @ @ @ @ .
But whatever her exact title , a number of people who worked with Sleeping Giants told BuzzFeed News they thought Jammi was one of the organization 's leaders , if not a founder in her own right .
“ I would consider them both founders , ” EJ Gibney , a researcher who has volunteered on and off for Sleeping Giants since December 2016 , told BuzzFeed News .
“ To my knowledge , they have both been involved since the very beginning.
” Gibney added that he had never seen Jammi @ @ @ @ @ @ @ from Rivitz .
Both people , he said , appeared to hold the same level of responsibility .
But Britton Taylor , another early volunteer , thought Rivitz had a better claim to the title of founder , even though , he said , “ I know for a fact that [ Jammi ] has done a shit ton of work … and she ’ s been instrumental to the success of the organization.
” “ When I think of a term like founder , even that is a little murky for me @ @ @ @ @ @ @ you have a startup , there 's a document that says you own shares in the company .
But because this is decentralized , because it started anonymously , because there 's a bunch of people involved , there 's no such contract.
” Others disagreed .
One longtime volunteer and friend of Rivitz ’ s , who goes by the online handle Barret Williams , told BuzzFeed News they saw Rivitz as the sole founder .
Regardless of her title , Jammi was a major part of the organization .
Jammi 's @ @ @ @ @ @ @ 2019 , when Sleeping Giants was shortlisted for an award from the Cannes Lions International Festival of Creativity in France .
Rivitz did not tell her he had entered Sleeping Giants into the competition or invite her to go with him .
She found out by noticing pictures of the south of France on his Instagram .
“ People started reaching out to me , congratulating me , asking me why I was not there , ” Jammi said .
“ I didn ’ t even have the opportunity to go.
” “ @ @ @ @ @ @ @ adult life , ” said Jammi .
“ I stopped eating , I couldn ’ t even function .
I mean , Sleeping Giants is my entire life .
I have spent every day on this .
It ’ s my second job , I have put in tireless amounts of effort — as much as he has at least.
” Jammi was at a loss , wondering why she had never been informed about the trip .
Rivitz said he mainly traveled to Cannes on his own dime for a speaking engagement @ @ @ @ @ @ @ shortlisted , much less win .
“ Cannes does not pay for travel for any nominees or winners of awards , ” he said .
A few days later , Jammi tweeted about the experience , along with her headshot and an offer to do public speaking .
“ Hey guys , I co-run @ slpng_giants with Matt .
Sadly I could not join him at # CannesLions last week to pick up our award , ” she wrote .
“ WoC are rarely seen or heard in tech and marketing , but @ @ @ @ @ @ @ too.
” Jammi also commented sarcastically on Rivitz ’ s Instagram page , “ Incredible how much you ’ ve achieved all by yourself !
” After the posts , Rivitz called her to reprimand her for airing their private grievances in public , Jammi said .
She said Rivitz accused her of wanting to hog the spotlight and being involved in Sleeping Giants for the wrong reasons .
“ I asked her repeatedly what she wanted out of this campaign , as the attacks against me [ on social media ] were @ @ @ @ @ @ @ I asked Nandini if she was in this for personal reasons rather than the mission itself.
” Jammi took the call while she was visiting Laura Calabrese , a close friend who lives in New York .
Calabrese told BuzzFeed News she overheard Jammi ’ s side of the call in her living room .
After the call , Jammi looked stunned , Calabrese said .
“ She was clearly defending herself against some accusation that she wasn ’ t in this for the right reasons , ” said Calabrese .
“ I @ @ @ @ @ @ @ at the table and wanted to make connections so she could keep doing the work she was doing more effectively .
“ I definitely remember she said he accused her of being in it for the glory.
” Since their fight last June , Jammi and Rivitz have communicated only sporadically .
Jammi had doubts about breaking from Rivitz formally , thinking that the work of Sleeping Giants was more important than her personal struggles .
But the relationship further soured when Rivitz declined to give Jammi access to the organization ’ s @ @ @ @ @ @ @ have helped her see speaking opportunities and media requests .
Rivitz said he refused to give her the password after a thread she tweeted on Dec. 8 , 2019 , in which she wrote , “ I let myself be gaslighted by a progressive male activist who made me question my worth and the value I bring to our movement.
” Rivitz thought it was obvious who she meant .
“ It became clear that we had an expanding gulf of trust after Nandini ’ s public attacks on me on social media @ @ @ @ @ @ @ or wrong , this resulted in my reluctance to share the email account password.
” The two temporarily reconciled in January , during a phone call in which Rivitz said he apologized for their argument .
But the gulf between them proved too much , leading to the final rupture .
Jammi said she now plans to work on new campaigns related to Facebook and Fox News with other activist groups .
But she wants to make clear the contributions she made to Sleeping Giants .
“ I don ’ t want Matt @ @ @ @ @ @ @ to the world , ” Jammi said .
“ I ’ m not a helper .
I ’ m not an assistant .
I ’ m not an optional part of the story .
Sleeping Giants wouldn ’ t be what it is today without me.
” ●

They soon developed a rough division of labor. Rivitz ran the Twitter account, which today has nearly 300,000 followers, and Jammi the smaller Facebook page, which today has more than 71,000. Along with a small group of volunteers, they began notching victories, pressuring major advertisers from Audi to Zillow to add Breitbart to their advertising blacklists. In April 2019, Steve Bannon, the former executive chair of the site, said Breitbart’s ad revenues fell 90% as a result of the campaign.
Jammi and Rivitz worked together, but also took the lead on different projects, both said. Jammi led a campaign targeting Robert Mercer, the former co-chief executive of hedge fund Renaissance Technologies, and also pressured Stripe, PayPal, and other platforms to stop processing payments for far-right activists and groups. She also pushed for Bank of America to stop doing business with private prisons, among other campaigns.
Rivitz vetted and organized international chapters of Sleeping Giants, set up driving billboards around Amazon and Facebook campuses to pressure them to sever ties with Breitbart News, campaigned against YouTube and Facebook giving a platform to Infowars’ Alex Jones, and set up and ran the e-commerce store among other projects.
On July 16, 2018, conservative news site the Daily Caller outed Rivitz as what it called the group’s founder: "Sleeping Giants was founded by Matt Rivitz, an award-winning ad copywriter based in San Francisco, a Daily Caller News Foundation investigation has found," the site wrote.
Two days later, the New York Times presented a different account. In a profile titled, in the plural, "Revealed: The People Behind an Anti-Breitbart Twitter Account," the paper described Rivitz as having been "identified as the account’s creator,” and that he "runs the account with Nandini Jammi, 29, a freelance copywriter and marketing consultant, along with other still anonymous contributors."
"Shortly after Mr. Rivitz started the account, it caught the attention of Ms. Jammi, an American who lives in Berlin," the New York Times wrote.
Jammi said she had asked Sapna Maheshwari, the Times reporter writing the profile, to call her a cofounder, but that Rivitz overruled her, telling Jammi that she would be interviewed as a “member of Sleeping Giants,” according to Twitter direct messages that Jammi shared with BuzzFeed News.
“Given that we never discussed her title previously, I was definitely surprised to hear that she had named herself cofounder,” Rivitz said. “As I did not believe that was her role, having come on after I had already established the campaign, I corrected the record according to this belief.”
In the end, the article ran without specifying a title for either Rivitz or Jammi. (Maheshwari, who previously worked as a reporter at BuzzFeed News, declined to comment.)
For Jammi it was the first signal that their relationship might not have a happy future.


buzzfeed--2020-07-08--The Latest Supreme Court Ruling In Favor Of Religious Employers Has LGBTQ Advocates Worried

WASHINGTON — Less than a month after the US Supreme Court ruled that employers generally can ’ t discriminate against employees based on sexual orientation and gender identity , the court on Wednesday expanded exemptions for religious employers facing discrimination claims .
The First Amendment protects religious institutions from government interference , and that can include exemption from certain anti-discrimination laws .
In a 7–2 decision , the Supreme Court held that religious schools should have leeway to decide whether a teacher is the type of religious leader covered by the “ ministerial exception ” to employment laws .
Teachers @ @ @ @ @ @ @ t sue if they ’ re fired for reasons that otherwise would be protected by federal law — in this case , their age or disability status .
Wednesday ’ s ruling didn ’ t involve LGBTQ employees , but it ’ s the type of decision that civil rights groups are worried about after the Supreme Court ’ s historic LGBTQ rights decision in June .
In Bostock v. Clayton County , the court ruled that federal laws against sex discrimination also protect LGBTQ employees .
But the court made clear that @ @ @ @ @ @ @ employers could successfully claim religious grounds for workplace discrimination in the future .
Jennifer Pizer , senior counsel and law and policy director for the LGBTQ group Lambda Legal , told BuzzFeed News that advocates “ saw today coming ” and were concerned that Wednesday ’ s decision was a sign that the court would side with religious employers in cases involving LGBTQ workers going forward .
“ What the court today is saying is that religious schools have the authority to deem teachers ministers , that that ’ s a power that @ @ @ @ @ @ @ not the teacher would be considered a minister by any usual meaning of the word , ” Pizer said .
“ That means LGBT people are terribly vulnerable , and so is everyone else.
” Conservatives and religious organizations heralded the decision as an important win for religious freedom protections under the First Amendment .
“ Today ’ s Supreme Court decision confirms that government has no business second-guessing the selection of religion teachers at religious schools , ” Grazie Christie , policy advisor for The Catholic Association , said in a statement @ @ @ @ @ @ @ for the First Amendment and religious liberty when the highest court affirms the right of religious institutions to be free of government interference and meddling.
” Wednesday ’ s decision came out of two cases involving elementary school teachers who both worked at Catholic schools .
Neither had the title of “ minister ” or some equivalent .
They both taught a variety of subjects , both secular and religious , and engaged in worship with their students .
Each sued their employer when their contracts weren ’ t renewed — one teacher @ @ @ @ @ @ @ other alleged she was fired for taking time off for breast cancer treatment .
The Supreme Court in 2012 broadly upheld the principle of the ministerial exception under the Establishment and Free Exercise Clauses of the First Amendment .
The justices unanimously held that , broadly speaking , the government shouldn ’ t be able to dictate who a church or other religious institution chose as a minister or spiritual leader .
The latest cases tested how widely that principle could apply to religious school employees .
The two teachers , backed by @ @ @ @ @ @ @ general , argued for a narrower interpretation .
Justice Samuel Alito Jr. wrote the majority opinion .
He wrote that even though neither employee had the title of “ minister ” and didn ’ t perform many of the traditional functions of a religious leader , the exception still applied because they “ performed vital religious duties ” by teaching the Catholic faith .
Alito wrote that courts should defer to employers to say whether an employee performs a significant religious function as part of their job .
“ In a country with @ @ @ @ @ @ @ , judges can not be expected to have a complete understanding and appreciation of the role played by every person who performs a particular role in every religious tradition , ” Alito wrote .
“ A religious institution ’ s explanation of the role of such employees in the life of the religion in question is important.
” Alito was joined by the rest of the court ’ s more conservative wing — Chief Justice John Roberts Jr. and Justices Clarence Thomas , Neil Gorsuch , and Brett Kavanaugh — along with two @ @ @ @ @ @ @ liberal arm , Justices Stephen Breyer and Elena Kagan .
Justice Sonia Sotomayor wrote a dissenting opinion that Justice Ruth Bader Ginsburg joined .
Sotomayor wrote that the majority ignored the more complicated framework the court adopted in 2012 for deciding if a religious school teacher fell under the ministerial exception .
“ Because that simplistic approach has no basis in law and strips thousands of schoolteachers of their legal protections , I respectfully dissent , ” Sotomayor wrote of Alito ’ s majority opinion .
Wednesday ’ s opinion was specifically about @ @ @ @ @ @ @ schools , but Pizer said LGBTQ advocates were worried the court would extend the same legal reasoning to other faith-based employers in future cases .
She said the decision dovetailed with the other decision the Supreme Court released on Wednesday , upholding a Trump administration rule that makes it easier for employers to deny insurance coverage for birth control for religious or moral reasons .
“ Having two decisions come down on the same day is a statement of deference to religious schools and people who claim religious beliefs to the detriment of @ @ @ @ @ @ @

WASHINGTON — Less than a month after the US Supreme Court ruled that employers generally can’t discriminate against employees based on sexual orientation and gender identity, the court on Wednesday expanded exemptions for religious employers facing discrimination claims.
The First Amendment protects religious institutions from government interference, and that can include exemption from certain anti-discrimination laws. In a 7–2 decision, the Supreme Court held that religious schools should have leeway to decide whether a teacher is the type of religious leader covered by the “ministerial exception” to employment laws. Teachers who fall under the exception can’t sue if they’re fired for reasons that otherwise would be protected by federal law — in this case, their age or disability status.
Wednesday’s ruling didn’t involve LGBTQ employees, but it’s the type of decision that civil rights groups are worried about after the Supreme Court’s historic LGBTQ rights decision in June. In Bostock v. Clayton County, the court ruled that federal laws against sex discrimination also protect LGBTQ employees. But the court made clear that their decision didn’t resolve whether employers could successfully claim religious grounds for workplace discrimination in the future.
Jennifer Pizer, senior counsel and law and policy director for the LGBTQ group Lambda Legal, told BuzzFeed News that advocates “saw today coming” and were concerned that Wednesday’s decision was a sign that the court would side with religious employers in cases involving LGBTQ workers going forward.
“What the court today is saying is that religious schools have the authority to deem teachers ministers, that that’s a power that the religious school has, whether or not the teacher would be considered a minister by any usual meaning of the word,” Pizer said. “That means LGBT people are terribly vulnerable, and so is everyone else.”
Conservatives and religious organizations heralded the decision as an important win for religious freedom protections under the First Amendment.
“Today’s Supreme Court decision confirms that government has no business second-guessing the selection of religion teachers at religious schools,” Grazie Christie, policy advisor for The Catholic Association, said in a statement. “It is a clear win for the First Amendment and religious liberty when the highest court affirms the right of religious institutions to be free of government interference and meddling.”
Wednesday’s decision came out of two cases involving elementary school teachers who both worked at Catholic schools. Neither had the title of “minister” or some equivalent. They both taught a variety of subjects, both secular and religious, and engaged in worship with their students. Each sued their employer when their contracts weren’t renewed — one teacher brought an age discrimination claim and the other alleged she was fired for taking time off for breast cancer treatment.
The Supreme Court in 2012 broadly upheld the principle of the ministerial exception under the Establishment and Free Exercise Clauses of the First Amendment. The justices unanimously held that, broadly speaking, the government shouldn’t be able to dictate who a church or other religious institution chose as a minister or spiritual leader.
The latest cases tested how widely that principle could apply to religious school employees. The two teachers, backed by civil liberties organizations and Democratic state attorneys general, argued for a narrower interpretation.
Justice Samuel Alito Jr. wrote the majority opinion. He wrote that even though neither employee had the title of “minister” and didn’t perform many of the traditional functions of a religious leader, the exception still applied because they “performed vital religious duties” by teaching the Catholic faith.
Alito wrote that courts should defer to employers to say whether an employee performs a significant religious function as part of their job.
“In a country with the religious diversity of the United States, judges cannot be expected to have a complete understanding and appreciation of the role played by every person who performs a particular role in every religious tradition,” Alito wrote. “A religious institution’s explanation of the role of such employees in the life of the religion in question is important.”
Alito was joined by the rest of the court’s more conservative wing — Chief Justice John Roberts Jr. and Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh — along with two members of the court’s more liberal arm, Justices Stephen Breyer and Elena Kagan.
Justice Sonia Sotomayor wrote a dissenting opinion that Justice Ruth Bader Ginsburg joined. Sotomayor wrote that the majority ignored the more complicated framework the court adopted in 2012 for deciding if a religious school teacher fell under the ministerial exception.
“Because that simplistic approach has no basis in law and strips thousands of schoolteachers of their legal protections, I respectfully dissent,” Sotomayor wrote of Alito’s majority opinion.
Wednesday’s opinion was specifically about how the ministerial exception applies to religious schools, but Pizer said LGBTQ advocates were worried the court would extend the same legal reasoning to other faith-based employers in future cases. She said the decision dovetailed with the other decision the Supreme Court released on Wednesday, upholding a Trump administration rule that makes it easier for employers to deny insurance coverage for birth control for religious or moral reasons.
“Having two decisions come down on the same day is a statement of deference to religious schools and people who claim religious beliefs to the detriment of other people,” Pizer said.