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Federal Judge Sides With Native American Tribes Concerned About CARES Act Funding

Published

3 years ago

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  • A federal judge sided with several Native American tribes by saying that coronavirus relief funding should not be given to Alaska Native Corporations, which are for-profit organizations.
  • The CARES Act set aside $8 billion in emergency funding for “Tribal governments.” The tribes involved claimed that ANCs do not meet the definition of “Tribal governments.” The judge agreed with this, and also said there was no proof that ANCs would give aid to tribes that need it. 
  • The tribes in the lawsuit were afraid that if ANCs were allowed to receive funding, they would receive too much of it, leaving tribes left to struggle. 
  • This decision was a preliminary injunction and not a final order. The Treasury Department could still hold aide aside for ANCs as the legal process continues. 

Judge Sides with Tribes

A federal judge sided with Native American tribes who filed a lawsuit against Treasury Secretary Steven Mnuchin, saying that the CARES Act funding set aside for Native American communities should not go to for-profit corporations.

The CARES Act designated $8 billion in emergency aid for “Tribal governments” as they face the hardships of the coronavirus outbreak. Mnuchin stated that Alaska Native regional and village corporations, or ANCs, are eligible to receive the funds, but tribes disagree with his choice. 

There are over 200 ANCs, all of which are for-profit corporations with shareholders and boards of directors that function as holding companies for a multitude of businesses. Several tribes joined the lawsuit to say that ANCs do not meet the definition of an “Indian Tribe” or “Tribal government” and therefore should not get the funding. The tribes also feared should ANCs be allowed to get funding, they would take a large percentage, leaving tribes to “suffer irreparable harm in the absence of preliminary relief.”

U.S. District Judge Amit Mehta agreed that tribes could struggle a great deal if they do not get the proper funding, and sided with them, but only up to a point. 

“The court grants Plaintiffs’ motions—but only in part,” Judge Mehta wrote in his opinion. “The court will preliminarily enjoin the Secretary from disbursing Title V funds to any ANC, but will not direct him at this time to disburse the entire $8 billion in emergency relief to Plaintiffs and other federally recognized tribes.”

Reasons Behind Ruling

Mehta said that ANCs should not get funding and agreed that they should not be considered “Tribal governments.” However, he did not dictate how funds should be dispersed. Because this was a preliminary injunction and not a final ruling, the legal process could continue and the Treasury Department could still hold money aside for ANCs as the process continues. 

Mehta further explained his decision by stating that giving money to for-profit corporations contradicts the will of the CARES Act, and that despite claims that ANCs could use the funding to help tribes, there is no proof that they will. 

“Reading the CARES Act to allow the Secretary to disburse Title V dollars to for-profit corporations does not jibe with the Title’s general purpose of funding the emergency needs of ‘governments,’” Mehta wrote. 

“Neither Defendant nor the ANC Amici present actual evidence demonstrating that ANCs are currently providing public services comparable to Plaintiffs to combat the coronavirus pandemic,” he later added.

The defendants tried to argue that federal courts should not be involved in a case about federal emergency funding. Mehta denied this. 

“While the Secretary’s decisions as to how much to disburse might not be reviewable, his decisions concerning to whom to disburse those funds most certainly is,” he wrote. 

Even though the legal battle could go on, the tribes involved in the case saw this as a victory. 

“This ruling will ensure that tribes and tribal members will reap the intended benefits that Congress envisioned in the CARES Act,” Harry Pickernell, senior chair of the Chehalis Tribe said in a statement. “This ruling will help tribal governments to lead in the aid and recovery of their people.”

The Treasury Department could begin allocating funds as soon as Tuesday.

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U.S.

White Supremacist Propaganda Reached Record High in 2022, ADL Finds

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2 weeks ago

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March 9, 2023

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 “We cannot sit idly by as these extremists pollute our communities with their hateful trash,” ADL CEO Jonathan Greenblatt said.

White supremacist propaganda in the U.S. reached record levels in 2022, according to a report published Wednesday by the Anti-Defamation League’s Center of Extremism.

The ADL found over 6,700 cases of white supremacist propaganda in 2022, which marks a 38% jump from the nearly 4,900 cases the group found in 2021. It also represents the highest number of incidents ever recorded by the ADL. 

The propaganda tallied by the anti-hate organization includes the distribution of racist, antisemitic, and homophobic flyers, banners, graffiti, and more. This propaganda has spread substantially since 2018, when the ADL found just over 1,200 incidents. 

“There’s no question that white supremacists and antisemites are trying to terrorize and harass Americans with their propaganda,” ADL CEO Jonathan Greenblatt said in a statement. “We cannot sit idly by as these extremists pollute our communities with their hateful trash.” 

The report found that there were at least 50 white supremacist groups behind the spread of propaganda in 2022, but 93% of it came from just three groups. One of those groups was also responsible for 43% of the white supremacist events that took place last year. 

White supremacist events saw a startling uptick of their own, with the ADL documenting at least 167, a 55% jump from 2021. 

Propaganda was found in every U.S. state except for Hawaii, and events were documented in 33 states, most heavily in Massachusetts, California, Ohio, and Florida.

“The sheer volume of white supremacist propaganda distributions we are documenting around the country is alarming and dangerous,” Oren Segal, Vice President of the ADL’s Center on Extremism said in a statement. “Hardly a day goes by without communities being targeted by these coordinated, hateful actions, which are designed to sow anxiety and create fear.”

“We need a whole-of-society approach to combat this activity, including elected officials, community leaders, and people of good faith coming together and condemning this activity forcefully,” Segal continued. 

See what others are saying: (Axios) (The Hill) (The New York Times)

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Adidas Financial Woes Continue, Company on Track for First Annual Loss in Decades

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2 weeks ago

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March 8, 2023

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Adidas has labeled 2023 a “transition year” for the company. 

Yeezy Surplus 

Adidas’ split with musician Kanye West has left the company with financial problems due to surplus Yeezy products, putting the sportswear giant in the position to potentially suffer its first annual loss in over 30 years. 

Adidas dropped West last year after he made a series of antisemitic remarks on social media and other broadcasts. His Yeezy line was a staple for Adidas, and the surplus product is due, in part, to the brand’s own decision to continue production during the split.

According to CEO Bjorn Gulden, Adidas continued production of only the items already in the pipeline to prevent thousands of people from losing their jobs. However, that has led to the unfortunate overabundance of Yeezy sneakers and clothes. 

On Wednesday, Gulden said that selling the shoes and donating the proceeds makes more sense than giving them away due to the Yeezy resale market — which has reportedly shot up 30% since October.

“If we sell it, I promise that the people who have been hurt by this will also get something good out of this,” Gulden said in a statement to the press. 

However, Gulden also said that West is entitled to a portion of the proceeds of the sale of Yeezys per his royalty agreement.

The Numbers 

Adidas announced in February that, following its divergence from West, it is facing potential sales losses totaling around $1.2 billion and profit losses of around $500 million. 

If it decides to not sell any more Yeezy products, Adidas is facing a projected annual loss of over $700 million.

Outside of West, Adidas has taken several heavy profit blows recently. Its operating profit reportedly fell by 66% last year, a total of more than $700 million. It also pulled out of Russia after the country’s invasion of Ukraine last year, which cost Adidas nearly $60 million dollars. Additionally, China’s “Zero Covid” lockdowns last year caused in part a 36% drop in revenue for Adidas compared to years prior.

As a step towards a solution, Gulden announced that the company is slashing its dividends from 3.30 euros to 0.70 euro cents per share pending shareholder approval. 

Adidas has labeled 2023 a “transition year” for the company. 

“Adidas has all the ingredients to be successful. But we need to put our focus back on our core: product, consumers, retail partners, and athletes,” Gulden said. “I am convinced that over time we will make Adidas shine again. But we need some time.”

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Immigration Could Be A Solution to Nursing Home Labor Shortages

Published

2 weeks ago

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March 7, 2023

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98% of nursing homes in the United States are experiencing difficulty hiring staff. 

The Labor Crisis 

A recent National Bureau of Economic Research paper has offered up a solution to the nursing home labor shortage: immigration. 

According to a 2022 American Health Care Association survey, six in ten nursing homes are limiting new patients due to staffing issues. The survey also says that 87% of nursing homes have staffing shortages and 98% are experiencing difficulty hiring. 

The National Bureau of Economic Research (NBER) outlined in their paper that increased immigration could help solve the labor shortage in nursing homes. Immigrants make up 19% of nursing home workers.

With every 10% increase in female immigration, nursing assistant hours go up by 0.7% and registered nursing hours go up by 1.1% And with that same immigration increase, short-term hospitalizations of nursing home residents go down by 0.6%.

The Solution 

Additionally, the State Department issued 145% more EB-3 documents, which are employment-based visas, for healthcare workers in the 2022 fiscal year than in 2019, suggesting that more people are coming to the U.S. to work in health care. 

However, according to Skilled Nursing News, in August of 2022, the approval process from beginning to end for an RN can take between seven to nine months. 

Displeasure about immigration has exploded since Pres. Joe Biden took office in 2021. According to a Gallup study published in February, around 40% of American adults want to see immigration decrease. That is a steep jump from 19% in 2021, and it is the highest the figure has been since 2016.

However, more than half of Democrats still are satisfied with immigration and want to see it increased. But with a divided Congress, the likelihood of any substantial immigration change happening is pretty slim. 

See what others are saying: (Axios) (KHN) (Skilled Nursing News)

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