A Barrett court would continue Trump’s deregulatory agenda long after he’s left the White House, experts say

Judge Amy Coney Barrett’s nomination to the Supreme Court has brought the public’s attention to divisive social issues like abortion rights, but replacing the late Justice Ruth Bader Ginsburg with a more conservative figure could have an equally important effect on business regulation and the U.S. economy.



a person wearing a suit and tie: Amy Coney Barrett.


© Getty Images
Amy Coney Barrett.

“Barrett is likely to be a pro-business justice, to restrict the ability of government to adopt some economic regulations, and would likely vote to expand the constitutional rights of business,” said Adam Winkler, constitutional law professor at UCLA and author of the book “We the Corporations: How American Businesses Won Their Civil Rights.”

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That could be good news for stock-market investors, as analysts have long pointed to the Trump Administration’s efforts to roll back Obama-era regulations and slow the implementation of new rules as a major driver of recent stock-market gains. Since President Trump’s election in November of 2016, the S&P 500 index (SPX) has returned 60.4%, according to FactSet. But it is a potentially troubling proposition for workers-rights advocates and environmentalists who have increasingly relied on agency regulation to achieve their policy goals.

One contentious issue being litigated in federal courts is Environmental Protection Agency regulations that limit electric power plants’ ability to emit greenhouse gases. President Obama’s Environmental Protection Agency argued that the 1972 Clean Air Act requires it to issue such regulations, resulting in the 2016 Clean Power Plan. The Trump Administration subsequently rolled back those regulations, instituting a more business friendly Affordable Clean Energy rule.

But some conservative lawmakers, legal thinkers and activists argue that the Supreme Court should go further and strike down the EPA’s ability to regulate greenhouse gases whatsoever. Jonathan Wood, attorney at the conservative Pacific Legal Foundation, told MarketWatch that many federal judges have questioned, on constitutional grounds, the ability of federal regulators to use old laws to make new regulations on issues that weren’t on the minds of Congress when those laws were passed, and a more conservative court could potentially make this view the law of the land.

“The idea that the Clean Air act in 1972 answered the question of how to address greenhouse gas emissions is sort of laughable,” he said. “But because courts have been so willing to defer to agency interpretations of statutes, they’ve gotten away with stretching statutes and trying to create policy without having to go back to Congress and say, ‘Oh, we’ve run into a new challenge, we need you to write new legislation to deal with it.’ ”

Of central importance to this debate is the doctrine of Chevron deference, which the Supreme Court established in 1984, and which requires judges to defer to agency interpretation of statutes as long as that interpretation is reasonable. Conservatives have long railed against this principle as one that has led to the growth of the administrative state.

“[Chevron (CVX) deference] has become a direct threat to the rule of law and the moral underpinnings of America’s constitutional order,” wrote Sen.

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A Barrett Court could carry on Trump’s deregulatory agenda long after he’s left the White House, experts say

Judge Amy Coney Barrett’s nomination to the Supreme Court has brought the public’s attention to divisive social issues like abortion rights, but replacing the late Justice Ginsburg with a more conservative figure could have an equally important effect on business regulation and the U.S. economy.



a person wearing a suit and tie: Judge Amy Coney Barrett, President Donald Trump's nominee to the Supreme Court


© Getty Images
Judge Amy Coney Barrett, President Donald Trump’s nominee to the Supreme Court

“Barrett is likely to be a pro business justice, to restrict the ability of government to adopt some economic regulations, and would likely vote to expand the constitutional rights of business,” said Adam Winkler, constitutional law professor at UCLA and author of the book “We the Corporations: How American Businesses Won Their Civil Rights.”

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That could be good news for stock-market investors, as analysts have long pointed to the Trump Administration’s efforts to roll back Obama-era regulations and slow the implementation of new rules as a major driver of recent stock-market gains. Since President Trump’s election in November of 2016, the S&P 500 index (SPX) has returned 60.4%, according to FactSet. But it is a potentially troubling proposition for workers-rights advocates and environmentalists who have increasingly relied on agency regulation to achieve their policy goals.

One contentious issue being litigated in federal courts is Environmental Protection Agency regulations that limit electric power plants’ ability to emit greenhouse gases. President Obama’s Environmental Protection Agency argued that the 1972 Clean Air Act requires it to issue such regulations, resulting in the 2016 Clean Power Plan. The Trump Administration subsequently rolled back those regulations, instituting a more business friendly Affordable Clean Energy rule.

But some conservative lawmakers, legal thinkers and activists argue that the Supreme Court should go further and strike down the EPA’s ability to regulate greenhouse gases whatsoever. Jonathan Wood, attorney at the conservative Pacific Legal Foundation, told MarketWatch that many federal judges have questioned, on constitutional grounds, the ability of federal regulators to use old laws to make new regulations on issues that weren’t on the minds of Congress when those laws were passed, and a more conservative court could potentially make this view the law of the land.

“The idea that the Clean Air act in 1972 answered the question of how to address greenhouse gas emissions is sort of laughable,” he said. “But because courts have been so willing to defer to agency interpretations of statutes, they’ve gotten away with stretching statutes and trying to create policy without having to go back to Congress and say, ‘Oh, we’ve run into a new challenge, we need you to write new legislation to deal with it.’”

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Of central importance to this debate is the doctrine of Chevron deference, which the Supreme Court established in 1984, and which requires judges to defer to agency interpretation of statutes as long as that interpretation is reasonable. Conservatives

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Trump Tempted Fate Long Before Rose Garden Coronavirus Cluster

(Bloomberg) —

Ever since March, when much of the country went into lockdown to contain the coronavirus, Donald Trump has tempted fate — ignoring his own administration’s advice on avoiding the virus, yet managing to avoid it all the same.

There was a June rally inside a Tulsa arena, and a convention speech to 2,500 people on the South Lawn of the White House in August. Then came de facto political rallies, which gave way to full outdoor rallies, which gave way to indoor ones. All gathered Trump supporters, largely maskless, tightly packed together, and yet the president — a habitual germophobe even before the pandemic — always emerged unscathed.

But they all paled next to last weekend’s celebratory introduction of Supreme Court nominee Amy Coney Barrett, where roughly 150 guests sat shoulder-to-shoulder in the White House Rose Garden. Senators and other Republican luminaries worked the crowd, shaking hands, hugging and air-kissing, leaning in for conversation. There were indoor gatherings, too. And barely a mask in sight.

The triumphant event has turned into a public health nightmare. At least eight people who attended have since tested positive, including Trump himself, his wife, two Republican senators, former New Jersey Governor Chris Christie and the president of Notre Dame University, though it isn’t known where they contracted the virus.

In the aftermath, the White House said it is performing contract tracing, but several attendees told Bloomberg News that they haven’t been contacted. Some guests are quarantining while others are not, in apparent contradiction of Centers for Disease Control and Prevention guidelines.

“If you had to invent a way to transmit this virus, that’s the environment you would invent,” said Michael Osterholm, the director of the Center for Infectious Disease Research and Policy at the University of Minnesota. “The only higher risk environment I can think of is the air in an ICU that is caring for lots of Covid patients.”

The response mirrors Trump’s inconsistent approach to the pandemic: only selectively, and rarely, following the advice of his own health professionals. Trump, in a statement from Walter Reed hospital on Saturday, chalked up his diagnosis to fate and his desire to be seen leading the country.

“I had no choice because I just didn’t want to stay in the White House,” he said. “I had to be out front, and this is America, this is the United States.”

Trump has made downplaying the risk of the virus and getting the country back to work a centerpiece of his re-election campaign. Now voters will judge how that approach has paid off for both the country and Trump personally, just a month before Election Day.

“We have a situation now where multiple people in the White House have Covid, as precautions were not being taken,” said Dr. Leana Wen, an emergency physician and public health professor at George Washington University who is a former health commissioner of Baltimore.

Trump has often cited ubiquitous coronavirus testing within the White House as an excuse to

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A White House Long in Denial Confronts Reality

Ms. Hicks, a longtime aide who is one of the president’s closest advisers, was more concerned, colleagues said. She took more precautions than most others and sometimes wore a mask in meetings.

Colleagues said that newcomers to Mr. Trump’s orbit, like Kayleigh McEnany, the White House press secretary, never wore a mask in his presence, in what was interpreted by other staff members as an attempt to please the new boss.

As the months progressed, there were so few reported virus cases in the White House — a valet to the president, a top aide to the vice president and Robert C. O’Brien, the national security adviser, all tested positive — that aides to the president grew even less concerned.

By June, the month before Mr. O’Brien tested positive, the White House had already stopped conducting temperature checks for people entering the complex. Only those aides who were interacting directly with the president received daily tests. Masks remained rare sightings.

The attitude was widespread in the administration. At the Justice Department in May, Attorney General William P. Barr told a New York Times Magazine reporter who arrived in a mask for an interview that “I’m not going to infect you,’’ and then sat by as an aide suggested, twice, that the reporter take the mask off. The reporter did.

Even on Friday, only hours after the president had announced at 1 a.m. on Twitter that he and the first lady had tested positive, the White House was trying to project that it was business as usual. “We had a great jobs report this morning,” Mr. Meadows told reporters at the White House. “Unfortunately, that’s not what everybody is focused on this morning.”

Nonetheless, they made every effort to carry on with a nothing-to-see-here-folks mentality.

Mr. Meadows, who had been in close contact with the president in recent days, arrived at work without a mask, and continued to claim that a mask was not necessary because he had tested negative. (Mr. Meadows wore a mask when he accompanied Mr. Trump, also in a mask, to Walter Reed National Military Medical Center on Friday evening.)

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2020 Long Island Haunted House Guide

LONG ISLAND — The coronavirus is changing everything this year, and Halloween is no exception. Many haunted houses and other events have been canceled this year. However, some events are still going forward.

If you’re looking for a scare this spooky season, Patch has compiled a list of the active haunts on Long Island this year. They are taking appropriate steps to clean facilities, and other measures to prevent the spread of the coronavirus.

If your favorite haunt is open this year and not on our list, send an email to [email protected] to get it added.

Bayville Scream Park
8 Bayville Ave., Bayville

The Bayville Scream Park is a Halloween theme park. It features attractions like The Temple of Terror, Uncle Needle’s Funhouse of Fear, Evil in the Woods and more. It has been named the scariest haunted house on Long Island many times. This year, the park will also have Drive-In Horror Movie Experience, which combines a scary movie with a theatrical performance.

Because of the coronavirus, the park is now selling tickets for peak and off-peak nights. Off-peak tickets can be used at any off-peak time, but those purchasing peak tickets have to reserve a date and time slot at purchase. Admission to the park will be limited to prevent crowding. Face masks are mandatory for all guests and staff. There will be enhanced cleaning of facilities, hand sanitizer available, physical distancing and no touching between guests and staff.

Ticket prices vary for peak and off-peak nights and depend on how many attractions you wish to see. Tickets can go from $72.75 to $26.75.

Darkside Haunted House
5184 NY-25A, Wading River

The Darkside Haunted House is Long Island’s premier haunted attraction. Come make your way through the newly expanded haunted village. Then the terror continues as you explore the new, updated haunted house. Come experience the movie-quality sets, the bone-chilling special effects and the heart-pounding scares that make the Darkside Haunted House the place to be.

To ensure safety, all staff will have their temperatures taken every day. Masks are mandatory for guests and staff. There will also be enhanced cleaning of high-traffic areas. Tickets will be sold online only and will be collected no-touch through guests’ smart phones. Tickets are only being sold to groups of four to eight people and will be sold for specific time slots.

The nighttime attractions are open on varying days through October. Tickets are $35 Check the website for details.

Chambers of Hell
1745 Express Drive North, Hauppauge

The Chambers of Hell is one of Long Island’s most popular haunted houses. This year, there are three attractions: Funhouse of Fear, Primevil and Redhook Massacre.

Masks must be worn at all times at the haunt. There will be enhanced cleaning and hand sanitizer available, and there will be reduced tickets available to prevent crowding.

The show opens on Sept. 25, and then is open Fridays, Saturdays and Sundays from Oct. 2 through Nov. 1. It is also open Oct. 12,

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Home Depot Has Long Dominated America’s Newest Pastime: Home Improvement Projects

It all started with a firing—a very foolish one.

In 1978, Bernie Marcus and Arthur Blank were executives at Handy Dan, a home improvement chain based in Southern California. Despite the business being very profitable, the pair had begun to tinker with a new idea. By lowering prices, they found, the stores’ volume shot up, making Handy Dan even more money. The executives had planned to implement that strategy systemwide, but they never got the chance. Corporate raider Sanford C. Sigoloff—who liked to call himself the “Skillful Scalpel”—took over the company, and deciding to save himself two salaries, got rid of Marcus and Blank.

That one decision probably prevented Handy Dan from becoming America’s home improvement leader. Instead, that honor would go to a place called The Home Depot.

Recruiting investment banker Ken Langone and retailer Pat Farrah, who’d run National Lumber and Supply Company, Marcus and Blank opened up a one-stop warehouse destination with everything a homeowner could want, staffed by knowledgeable salespeople and all selling at discount prices. 

“We believed from the start that if we brought the customer quality merchandise at the right price and offered excellent service, we could change retailing in the United States,” Marcus said in a 2008 interview with Entrepreneur.

As we know, they did just that. The first Home Depot opened in Atlanta in the summer of 1979. By years end, there were three more. Home Depot officially became the largest home improvement retailer in America by 1990, and today it has nearly 2,300 stores.

In recent months, Home Depot has been America’s go-to home center in ways it never imagined. After the pandemic sealed much of the citizenry behind closed doors, Americans made home improvement into a new national pastime. For Q2 2020, the chain’s net sales soared more than 23% to just over $38 billion.

During the quarter, “our DIY customers were reengaging with their home and with The Home Depot,” said evp of merchandising Ted Decker. “While we saw strong demand with exterior projects like building decks, sheds, fences and gardens, we also saw strong growth with interior projects like hard surface flooring, interior lighting and painting, to name a few.”

After focusing on building stores for years, The Home Depot has since shifted its efforts to fortifying its distribution capabilities as part of a $1.2 billion strategy to expand same-day and next-day delivery to customers. Meanwhile, the company’s One Home Depot initiative seeks to create an “interconnected shopping experience” that laces digital and physical commerce together.

It’s all a far cry from the single location that opened its doors in Atlanta 42 years ago. And yet, at its core, the brand hasn’t changed so much.

“The Home Depot concept is to provide the most complete assortment of lumber, building materials and home improvement products, competitively priced in a service-oriented retail situation,” Marcus has said. And online or off, pandemic or not, it still does just that.

people in home depot shirts working to clean up after a natural disaster
As a purveyor of essential goods, The Home Depot’s disaster role is,
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National Lobster Day: Red Lobster, OAK Long Bar + Kitchen offering deals to celebrate the holiday

In case you didn’t get a chance to get your fill on delicious lobster rolls this summer, National Lobster Day can curb those cravings.

The Lobster industry and this unique holiday has been put in the spotlight recently when Senate Majority Leader Mitch McConnell asked that the Senate “proceed the consideration” in regards to National Lobster Day. Many voiced was not the priority considering the county is in the midst of the coronavirus pandemic, Food and Wine reported.

It led to discussions on President Donald Trump’s support for Maine’s lobster and fishing industries. But it also highlighted the impacts from the president’s ongoing trade war with China and the weakened markets due to the pandemic, the outlet reported.

But if you’re just looking for a tasty dinner, many restaurants are looking to attract customers on Friday with special deals.

See below for deals you can get on Friday, Sept. 25 for National Lobster Day in Massachusetts.

OAK Long Bar + Kitchen in Boston is offering customers 15% off its signature LobsterRoll all day Friday.

Red Lobster is offering customers 15% off the Lobster Lover’s Dream, which includes “a succulent roasted rock lobster tail, butter-poached Maine lobster tail and lobster-and-shrimp linguini Alfredo.” The deal isn’t just for Friday, it’s been available all week.

And if you want to stay at home and eat, The Maine Lobster Marketing Collaborative (MLMC) has highlighted a number of places that ship lobster nationwide.

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🦞 news you can use: Friday is 𝙉𝙖𝙩𝙞𝙤𝙣𝙖𝙡 𝙇𝙤𝙗𝙨𝙩𝙚𝙧 𝘿𝙖𝙮! To celebrate, we will offer 15% off our signature Lobster Roll! All...

Posted by OAK Long Bar + Kitchen on Monday, September 21, 2020

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Red Lobster, OAK Long Bar + Kitchen offering deals to celebrate the holiday

In case you didn’t get a chance to get your fill on delicious lobster rolls this summer, National Lobster Day can curb those cravings.

The Lobster industry and this unique holiday has been put in the spotlight recently when Senate Majority Leader Mitch McConnell asked that the Senate “proceed the consideration” in regards to National Lobster Day. Many voiced was not the priority considering the county is in the midst of the coronavirus pandemic, Food and Wine reported.

It led to discussions on President Donald Trump’s support for Maine’s lobster and fishing industries. But it also highlighted the impacts from the president’s ongoing trade war with China and the weakened markets due to the pandemic, the outlet reported.

But if you’re just looking for a tasty dinner, many restaurants are looking to attract customers on Friday with special deals.

See below for deals you can get on Friday, Sept. 25 for National Lobster Day in Massachusetts.

OAK Long Bar + Kitchen in Boston is offering customers 15% off its signature LobsterRoll all day Friday.

Red Lobster is offering customers 15% off the Lobster Lover’s Dream, which includes “a succulent roasted rock lobster tail, butter-poached Maine lobster tail and lobster-and-shrimp linguini Alfredo.” The deal isn’t just for Friday, it’s been available all week.

And if you want to stay at home and eat, The Maine Lobster Marketing Collaborative (MLMC) has highlighted a number of places that ship lobster nationwide.

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Dunkin’ offers free coffee on National Coffee Day as it ‘takes over’ the holiday, renaming it National Dunkin’ Day

———

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On Long Island, a Timeworn Pool House Steeped in Americana

IT’S EASY TO imagine that the small wooden building at the end of George Kolasa and Justin Tarquinio’s swimming pool on Long Island has been there forever — or at least as long as the surrounding village of East Hampton, established in 1648. Thirteen feet wide and nine feet deep with vertical pine-plank walls and a shingled roof, it resembles a classic 17th-century New England saltbox home in miniature, with the requisite patina: The briny Atlantic air has turned the wood gray and cracked the white paint on a pair of casement windows that face south, toward the gabled 19th-century clapboard main house, which sits on an acre of shaggy pasture planted with lilac bushes. Dense clouds of wisteria and Boston ivy climb across the pool house’s roof, lending the impression that it’s rooted firmly in place.

But, in fact, the structure arrived just five years ago, after being forklifted from a neighboring plot where it was erected in the late 18th or early 19th century as a shed for the Sherrill Dairy Farm. Its longtime former owners, one of the founding families of East Hampton, purchased their land in 1792, and in 1858, they built the large Greek Revival house that Kolasa, 54, a former Burberry executive, and Tarquinio, 41, a publishing executive at Hearst, bought as a weekend retreat in 2012. In 2014, when Kolasa learned that his neighbor, also a Sherrill, was planning to tear down a rickety hut on her property, he asked if he could buy it. She agreed — on the condition that he also acquire the surrounding land (at a generously reduced price); Kolasa conceded and relocated the shed, which had long been an object of his fascination, thanks to its lichen-covered shingles and perfectly worn facade. While he admits that it would have been cheaper to build a pool house from scratch than to buy close to an acre of farmland simply to obtain a disintegrating cobweb-filled shack, “I’m obsessed with historic homes and preserving their integrity.”

NOW FLANKED BY a row of wooden sun loungers and a pair of voluptuous dusty-purple ornamental cabbages, the pool house is a shrine to the sort of lazy Long Island beach days that Kolasa himself enjoyed while growing up in nearby Cedarhurst (Tarquinio, originally from Pittsburgh, spent his summers in Nantucket). Inside, propped against the bare wooden walls in the northwest corner, disused farm equipment that came with the structure — a sun-bleached wooden pitchfork, a coiled length of old rope — underscores its bucolic past. Kolasa found nearly all the vintage furniture nearby: There’s a deep, low-slung wicker sofa from the East Hampton Historical Society’s Antiques & Design Show and a children’s chair from a North Fork antique store. The couple then added Americana-inspired touches, from deck chairs remade with ticking fabric from Ralph Lauren (where Kolasa worked in the 1990s) to late 19th-century quilts purchased online to a 48-star United States flag from the early 20th century discovered in nearby Amagansett. Cozy and

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Salty Girl and the Long Dog

By Sara Anne Donnelly

The best beaches, Cherie Herne says, are the hidden ones. On her paddleboard, the eighth-generation Yorker accesses remote shores near her home, with her Chiweenie dog, Piggie, perched on the nose in a mermaid life jacket outfitted with a handle for when the pup slips into the water. Which happens a lot.

On the sand, Piggie scampers while Herne fills her frame pack — at 4 feet tall, it’s nearly as big as she is — with ocean debris: pre–World War II lavender sea glass, blue-gray “wishing” rocks ringed with white quartz, hunks of broken ceramic, impossibly snarled bundles of nautical rope, and loads and loads of driftwood. Such are the days of “Salty Girl,” which is what Herne  
calls her online shop for the creations she constructs from her “treasures.”

Herne sports an enviable tan and claims she’s part mermaid. “It’s like I’ve created the perfect life,” she says.

PHOTOGRAPHED BY ABBY JOHNSON

But it wasn’t always this way. Although Herne grew up with free-spirited parents — her late father, Bobby Herne, was a well-known guitarist — by 2014, she found herself tied to a computer as a graphic and web designer. Her body ached and her mind wandered. That year, she was diagnosed with Lyme disease, which she thought might account for some of what she calls “fire in the brain.” Seeking relief, she consulted with a business coach who helped her realize that daily beach walking might be the antidote. 

Hundreds of beach days later (she’s missed only a handful over the years), Herne is now a master of the Maine-coast aesthetic. She spends her days scouring the shore for materials. Her nights are devoted to transforming finds into all manner of creations, from hand-painted signs on wooden paddles to made-with-driftwood fish, curtain rods, sailboats, handrails, miniature Christmas trees, and — her best seller — carefully arranged wreaths accented with glass and brick scavenged from the shoreline. 

“Every day is an adventure,” she says, “and every day is about making something different.”

Tell us more Cherie Herne

What most attracts people to your creations? 

The people who buy my work love Maine or know somebody who loves Maine. Maybe they vacationed here or grew up spending summers here and haven’t returned for a long time. One customer used to come as a little girl to visit her grandfather. Ordering things like sea glass or a beach brick the size of her fist brings her back to those days. It’s cool that I can give people just a little bit of the Maine beach for their very own.

Cherie Herne, Salty Girl and the Long Dog

Do you have any tips on finding great stuff at the beach? 

I go where people aren’t. Near rocks, for example, where the sea doesn’t come in straight, the waves can push things to either side and leave behind treasures as they recede. And I always go at low tide.

Why do you like working with driftwood?

It takes so many years for a piece of

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