Legal News for Weds 8/7 - Biden $250m Electric Trucking Initiative, Religious Texts in Public Schools, DOJ's Tax Leadership Vacuum and Ohio Bans Gender Affirming Care

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This Day in Legal History: Gulf of Tonkin Resolution

On August 7, 1964, the U.S. Congress passed the Gulf of Tonkin Resolution, a pivotal moment in American history that marked a significant escalation in the Vietnam War. This resolution was a direct response to the alleged attack on the USS Maddox by North Vietnamese forces on August 4, 1964. The text of the resolution granted President Lyndon B. Johnson the authority to take "all necessary measures to repel any armed attack against the forces of the United States and to prevent further aggression." Essentially, it provided the President with a blank check to conduct military operations in Southeast Asia without an official declaration of war.

President Johnson's message to Congress emphasized the need for decisive action to protect American interests and allies in the region. He portrayed the resolution as a means to maintain international peace and security, suggesting that failure to act would embolden Communist expansion. The resolution received overwhelming support in Congress, with only two Senators, Wayne Morse of Oregon and Ernest Gruening of Alaska, voting against it. This legislative act significantly broadened the executive powers and set the stage for large-scale American involvement in Vietnam, leading to a prolonged and contentious conflict that would have lasting impacts on both American and Vietnamese societies.

The Biden administration's $250 million initiative aims to bolster electric trucking along the Northeast I-95 corridor through the Clean Corridor Coalition plan. This involves installing chargers in Maryland, Delaware, New Jersey, and Connecticut to support electric trucks, aligning with the administration's climate goals to cut 18.6 million tons of carbon emissions by 2050. Despite this, electric trucks only represent 0.23% of registered U.S. trucks, partly due to their higher cost compared to diesel trucks.

The trucking industry's adoption of electric vehicles is unpredictable due to varying fleet management practices and preferences. Larger companies like J.B. Hunt and Schneider National are leading by integrating electric trucks, potentially setting a trend for smaller fleets. The initiative also intends to inspire private motorists by showcasing electric trucks.

Effective placement of chargers, likely at existing rest stops, is crucial for the plan's success. However, the power capacity at these locations may pose challenges. A mix of charger types is essential to accommodate different charging needs and maintain truck operation efficiency.

Permitting and zoning are being addressed to streamline the installation process. This initiative could potentially pave the way for broader national adoption of electric trucking, although substantial investment in charging infrastructure is needed for full electrification. The coalition's efforts might inspire mid-sized and smaller fleets to follow suit, enhancing the shift towards greener transportation.

The detailed focus on charger placement and power availability highlights the legal and logistical complexities of this initiative, emphasizing the need for coordinated efforts between state and local governments.

Electric Trucks Put to the Test in I-95 Corridor Charger Program

The U.S. public school system has become a new battleground over religious expression, particularly regarding the display and teaching of religious texts. Louisiana and Oklahoma have enacted laws requiring the display of the Ten Commandments and the teaching of the Bible in public schools, respectively. These moves challenge the Constitution's "establishment clause," which separates church and state. This year alone, lawmakers in 29 states have proposed 91 bills promoting religion in schools, driven by conservative opposition to liberal curriculums and the Supreme Court's recent rightward shift.

In Louisiana, Attorney General Liz Murrill defends the Ten Commandments law as a way to address discipline in schools, while Governor Jeff Landry suggests non-religious parents tell their children to ignore the displays. Oklahoma's policy focuses on the Bible's historical and cultural significance, but some school districts resist the change. The National Association of Christian Lawmakers (NACL) is coordinating these efforts, producing model bills for state legislatures.

The Supreme Court's recent rulings have emboldened conservative Christians by expanding religious rights in public life. Decisions supporting school prayer, exempting religious entities from certain regulations, and backing individuals' rights to refuse services for same-sex weddings have all contributed to this movement. As more laws emerge, the Court may need to address whether such mandates create denominational preferences or coerce religious participation.

How US public schools became a new religious battleground | Reuters

The Justice Department’s Tax Division has been without a Senate-confirmed assistant attorney general (AAG) for most of the time since January 2009, with only a two-year exception. This vacancy undermines morale, hampers tax administration, and impacts taxpayers negatively. The AAG oversees civil tax trials, appeals, and criminal tax cases, making the role crucial for effective tax enforcement.

Historically, presidential appointees have brought unique expertise and accountability to the position. For instance, under President George W. Bush, Eileen J. O’Connor revitalized the Tax Division by updating policies and expediting investigations. Nathan J. Hochman continued these efforts before the position became largely vacant. Although President Obama briefly appointed Kathryn Keneally, who led a successful initiative against Swiss banks facilitating tax evasion, subsequent nominees failed to gain Senate confirmation.

President Trump did not fill the position, and President Biden has also left it vacant without nominating a candidate. This lack of leadership has contributed to a 72% decline in federal tax prosecutions since 2013. The absence of an AAG means there is no one to take responsibility for tax policy decisions, motivate prosecutors, or engage with the IRS and Congress. The resulting leadership void diminishes the Tax Division’s effectiveness and prestige.

To restore the division’s functionality and reputation, it is crucial for the next administration and Senate to prioritize appointing a qualified AAG. This would enhance tax enforcement, support the division’s employees, and ensure better tax compliance and administration.

Tax Leadership Vacuum in Justice Department Must Come to an End

On August 6, 2024, Ohio Judge Michael Holbrook upheld a state law banning gender-affirming care, including puberty blockers and hormones, for transgender minors, following a challenge by families of transgender adolescents. The decision, which came after a non-jury trial, had previously been blocked by Holbrook during the trial. Ohio Attorney General Dave Yost supported the ruling, asserting the legislature's authority to protect children from making irreversible medical decisions.

The American Civil Liberties Union (ACLU) and its Ohio chapter, representing the plaintiffs, expressed their intent to appeal, emphasizing the critical nature of gender-affirming care for transgender youth. Ohio's Republican-controlled legislature passed the law in January, despite Governor Mike DeWine's veto, which he issued after hearing from parents about the lifesaving impact of gender-affirming care.

The plaintiffs argued the law violated a 2011 state constitutional amendment preventing state laws from prohibiting the purchase of healthcare. Judge Holbrook countered that the amendment did not prevent the state from regulating healthcare providers' actions, categorizing gender-affirming care as wrongdoing. He stated that those opposed to the law should seek change through the voting process rather than the judicial system, citing the potential risks and permanent outcomes associated with gender-affirming care as a legitimate state interest in passing the law.

Ohio ban on gender-affirming care for minors upheld by judge | Reuters

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