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What Amy Coney Barrett’s confirmation will mean for environmental law and Joe Biden’s climate plan

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Amy Coney Barrett’s likely confirmation to the Supreme Court to replace the late Ruth Bader Ginsburg in a Monday Senate vote will add a conservative sixth vote to an already-conservative majority, with potentially far-reaching implications for American law. Barrett’s confirmation will scramble the current distribution of power on the Court, displacing the chief justice as its putative center and pulling it rightward.

Most legal commentators expect that Barrett’s judicial philosophy of originalism and her advocacy of a more “flexible” approach to precedent will make her more likely to vote to overturn precedents like Roe v. Wade. Barrett also believes that judges should interpret statutes in accord with their “original public meaning,” a strict brand of textualism that tends to constrain agency regulatory power.

What can we predict about Barrett’s likely attitude toward environmental regulation, and climate change in particular? Would she vote to overturn Massachusetts v. EPA, the Court’s 2007 landmark holding that the Environmental Protection Agency may regulate greenhouse gases under the Clean Air Act? Would she vote to uphold the Trump administration’s rescission of the Obama-era greenhouse gas standards for the power sector, and its ambitious greenhouse gas and fuel efficiency standards for cars, and uphold the administration’s far weaker rules?

What of the administration’s legal theory that when setting power plant standards, the EPA cannot consider grid-wide strategies like substituting natural gas for coal, even though Congress told the agency to use the “best system” of emission reduction? Or the administration’s theory that federal law preempts California from setting its own vehicle greenhouse gas standards, and, separately, that EPA can revoke California’s current waiver to set those standards? Would it be more difficult for a new Biden administration to adopt ambitious greenhouse gas rules with Barrett on the Court?

Supreme Court nominee Judge Amy Coney Barrett leaves after testifying before the Senate Judiciary Committee on the third day of her confirmation hearing on Capitol Hill on October 14, 2020.
Bonnie Cash/Getty Images

Barrett’s record on environmental issues is thin, so her views are a matter of speculation.

Outcomes in particular cases turn on the facts, the administrative record, and the quality of advocacy. Yet it seems fair to say that Barrett’s addition to the high court will cement a trend, already underway, to restrict the modern administrative state. A further tilt of the Court in the direction it is already going — skeptical of expansive regulation, unsympathetic to the idea that agencies should have some room to interpret their statutes broadly to solve new problems, and uninterested in reading statutes with their broader purpose in mind — certainly won’t help the cause of environmental protection or public health.

Taming the government beast

A majority of justices on the Court already are wary of the “behemoth” that is the US administrative state, with the most pronounced antipathy coming from another relatively new addition, Justice Neil Gorsuch, who has argued passionately that agencies must be reined in. To greater or lesser extents, Justices Samuel Alito, Clarence Thomas, Brett Kavanaugh, and Chief Justice John Roberts have all warned of the dangerous accretion of administrative power. (Such views have gained traction in Congress too. In Barrett’s confirmation hearings, Republican Sen. John Kennedy fulminated against the administrative state, calling it a “rogue beast.”)

This attitude, which her record and judicial philosophy suggest Barrett may share, makes it less likely that the Court will defer to administrative agencies like the EPA when they pursue expansive regulation.

In theory, the Supreme Court still adheres to the general principle that courts should defer to agency interpretations of vague statutory provisions, providing they are reasonable. Known as Chevron deference, this principle assumes that Congress intends expert agencies to resolve statutory ambiguities in the first instance. But the Court has been taking a narrower view of Chevron — finding that it applies in fewer and fewer instances to a smaller scope of cases, and certainly not in the big cases where the agencies are doing ambitious things.

In particular, the Court is disinclined to give agencies much leeway to apply old statutes to new problems, even when those statutes are broadly worded. The Court increasingly prefers to send questions of major economic and political importance back to Congress for clearer instructions. While sensible-sounding on its face, this approach overlooks the possibility that Congress already did speak, when it gave the agency broad power in the first place.

All of this is to say that even before Barrett’s confirmation, the Court was growing more miserly about deference, and especially skeptical of far-reaching rules with big consequences that rely on new legal interpretations, like the Obama-era Clean Power Plan.

Barrett subscribes to a brand of textualism that looks askance at exertions of agency authority not rooted in explicit statutory text, which seems to align her with the major questions canon. Given the difficulty of passing new legislation, especially in an era of hyperpartisanship, the systematic application of this canon to send matters back to Congress is a one-way ratchet to regulatory stasis.

Supreme Court Justices Neil Gorsuch (L) and Brett Kavanaugh attend the State of the Union address in the chamber of the US House of Representatives on February 4, 2020.
Mario Tama/Getty Images

A majority of the Court also seems open to reviving the “non-delegation” doctrine, a constitutional principle that limits Congress’s ability to grant broad powers to agencies. The Court has not struck down a statute on this basis in 85 years, but just last year, three justices indicated their willingness to do so, and Alito said he would join them if a fifth vote could be found. Barrett, whose constitutional originalism might well align with a strict view of non-delegation, could provide the fifth vote. (So might Kavanaugh, who was not yet seated when the case was argued.)

Barrett’s views on standing seem restrictive. She has authored several opinions denying standing to plaintiffs for lacking a concrete and particularized injury. Her brand of constitutional interpretation and close embrace of Justice Antonin Scalia’s judicial philosophy suggests that she would look more skeptically at permissive standing rules, certainly more than Justice Ginsburg did. For example, a Justice Barrett likely would have sided with the dissent and voted to deny standing to the petitioners in Massachusetts v. EPA.

Raising the bar for standing would make access to courts disproportionately harder for environmental plaintiffs, because they often seek review for widely shared or indirect harms, and frequently ask the court to remedy agency underregulation. By contrast, industry can always get standing for direct economic harms, to air their grievances about overregulation.

Barrett has praised Scalia’s approach to the Affordable Care Act, which he found unconstitutional under the commerce clause. That could spell trouble for certain environmental statutes, like the Endangered Species Act, which has been challenged repeatedly as insufficiently related to interstate commerce. Lower courts consistently have upheld the act, but the Supreme Court has not ruled on its constitutionality. At a minimum, Barrett is expected to endorse Scalia’s narrow view of the EPA’s authority over wetlands under the Clean Water Act.

On the particular environmental law cases that people wonder most about, these are my best guesses about the difference Barrett will or won’t make: It is unlikely the Supreme Court will overturn Massachusetts v. EPA, since the Court tends not to overturn precedents about statutory interpretation, although it seems likely that Barrett would have voted differently than Ginsburg did in that case. (And indeed, if Massachusetts were relitigated today, with the Court’s current lineup, it likely would come out the other way.)

But the Court does not need to overrule Massachusetts to cabin EPA. It can simply read the EPA’s regulatory power narrowly, as I argued above. Barrett’s vote is not decisive on that score — the Court was headed in that direction already.

Senate Majority Leader Mitch McConnell wears a protective mask as he stands in an elevator at the US Capitol on October 20, 2020, in Washington, DC.
Stefani Reynolds/Getty Images

Barrett’s impact on a Biden climate plan

On the pending litigation over Trump’s regulatory rollbacks, like the power plant and fuel efficiency standards, there are a lot of remaining “ifs.” If Joe Biden wins the presidency, his Justice Department will ask the courts to hold those cases in abeyance until the agencies can reconsider the underlying rules. Presumably, a President Biden would want to reverse the Trump reversals and pursue a more ambitious greenhouse gas regulatory program.

It will be somewhat harder now for a president to use the Clean Air Act aggressively to set climate policy. But even before Barrett’s nomination, it’s not as if the Biden campaign, or the environmental advocacy community, was thinking that the Supreme Court would be a sympathetic forum for far-reaching climate rules.

Even so, there is plenty a Biden administration could accomplish using EPA’s and other agencies’ existing legal authority, just by restoring and strengthening the rules the Trump administration has gutted — for example by setting strong standards for power plant carbon dioxide, methane emissions, fuel efficiency, appliances, and the like. A lot of progress can be made without embracing the riskiest legal positions, because technological advances and market conditions have shown what industry can achieve, which provides a sound basis for ambitious standards.

Biden has pledged to pursue legislation in tandem with using executive power to tackle climate change. There is no question that to achieve his goal of net-zero economy-wide emissions by 2050, Congress will need to legislate.

What if Trump wins?

If President Trump wins reelection, the litigation over EPA’s regulatory rollbacks will play out and could reach the high court. With Barrett’s vote, it is incrementally more likely that the Court would endorse the Trump administration’s cramped view of EPA’s authority to regulate existing power plants. Reversing that decision would then require Congress to amend the Clean Air Act, which the Democrats could do if they retain the House and flip the Senate, especially if they jettison the filibuster rule for legislation, as has been done for judicial appointments. Congress would need a two-thirds vote to override a Trump veto.

It is less clear that the Supreme Court would endorse the Trump administration’s theory that California is preempted from setting vehicle greenhouse gas standards by the energy conservation law that assigns fuel efficiency to the Transportation Department. Preemption cases involve delicate questions of state and federal power, and conservative justices sometimes depart from their strict textual tendencies in resolving them.

The Supreme Court already opined, in Massachusetts v. EPA, that fuel efficiency and greenhouse gas standards are legally distinct and can live harmoniously together — and the Obama administration demonstrated that they could. But if the Court did find California preempted, new legislation would be needed to reverse that holding.

The Court could take an alternative route and uphold EPA’s revocation of California’s waiver on the theory that climate change does not affect California uniquely or create “compelling and extraordinary conditions” in the state. Fixing that decision would not require Congress, though; a new administration could simply issue a new waiver.

Much will turn on how the Court decides these legal questions, if it decides them. Depending on the reasoning, a future president might still have flexibility to reverse course.

Demonstrators wearing face masks hold placards while...
Demonstrators wearing face masks hold placards calling on Congress to suspend the Supreme Court confirmation process at Freedom Plaza in Washington DC, on October 17.
Photo by John Lamparski/SOPA Images/LightRocket via Getty Images

In each case, the Court would also evaluate whether the Trump administration’s weaker standards are rational and sufficiently supported by the administrative record. On such questions, a Justice Barrett, along with a majority of the Court, might well reject the rules, which rest on tenuous scientific and economic arguments. Even conservative judges bristle at shoddy agency work, which no one has done more of than the Trump administration. Still, it is not clear that Barrett’s vote would change the outcome in any particular one of these cases.

If Supreme Court nominations are a mood, however, the mood for EPA is grim. In truth, it has been growing grimmer since Justice Gorsuch filled Justice Scalia’s seat and Justice Kavanaugh replaced Justice Kennedy. The Court, with Barrett as a reliable fifth or sixth vote, is now more likely to take an especially problematic combination of views: a cramped view of agency authority when an agency seeks to regulate; a permissive view of agency authority when an agency seeks to deregulate; a restrictive view of Congress’s power to delegate; a more skeptical view of Congress’s Commerce Clause power; and a narrower view of Constitutional standing. That conservative blend does not bode well for the modern regulatory state — certainly not for environmental regulation.

Justice Ginsburg wrote several important environmental law decisions, including EME Homer, upholding EPA’s innovative market-based strategy to control inter-state air pollution, and AEP v. Connecticut, reinforcing EPA’s authority to regulate greenhouse gases under the Clean Air Act. She was not an environmental law hero like Justice William O. Douglas or Justice John Paul Stevens, the author of Massachusetts v. EPA, but she was open to the idea that achieving the broad purposes of environmental law requires EPA to have some flexibility.

We will miss her vote, and her voice. Barrett’s will be very different.

Jody Freeman is the Archibald Cox Professor of Law and director of the Environmental and Energy Law Program at Harvard Law School, and a leading scholar of administrative law and environmental law.

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All the products we found to be the best during our testing this year

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(CNN) —  

Throughout the year, CNN Underscored is constantly testing products — be it coffee makers or headphones — to find the absolute best in each respective category.

Our testing process is rigorous, consisting of hours of research (consulting experts, reading editorial reviews and perusing user ratings) to find the top products in each category. Once we settle on a testing pool, we spend weeks — if not months — testing and retesting each product multiple times in real-world settings. All this in an effort to settle on the absolute best products.

So, as we enter peak gifting season, if you’re on the hunt for the perfect gift, we know you’ll find something on this list that they (or you!) will absolutely love.

Coffee

Best burr coffee grinder: Baratza Virtuoso+ Conical Burr Grinder With Digital Timer Display ($249; amazon.com or walmart.com)

Baratza Virtuoso+ Conical Burr Grinder
Baratza Virtuoso+ Conical Burr Grinder

Beginner baristas and coffee connoisseurs alike will be pleased with the Baratza Virtuoso+, a conical burr grinder with 40 settings for grind size, from super fine (espresso) to super coarse (French press). The best coffee grinder we tested, this sleek look and simple, intuitive controls, including a digital timer, allow for a consistent grind every time — as well as optimal convenience.

Read more from our testing of coffee grinders here.

Best drip coffee maker: Braun KF6050WH BrewSense Drip Coffee Maker ($79.95; amazon.com)

Braun KF6050WH BrewSense Drip Coffee Maker
Braun KF6050WH BrewSense Drip Coffee Maker

During our testing of drip coffee makers, we found the Braun KF6050WH BrewSense Drip Coffee Maker made a consistently delicious, hot cup of coffee, brewed efficiently and cleanly, from sleek, relatively compact hardware that is turnkey to operate, and all for a reasonable price.

Read more from our testing of drip coffee makers here.

Best single-serve coffee maker: Breville-Nespresso VertuoPlus ($165; originally $179.95; amazon.com)

Breville-Nespresso VertuoPlus
Breville-Nespresso VertuoPlus

Among all single-serve coffee makers we tested, the Breville-Nespresso VertuoPlus, which uses pods that deliver both espresso and “regular” coffee, could simply not be beat for its convenience. Intuitive and a snap to use right out of the box, it looks sleek on the counter, contains a detached 60-ounce water reservoir so you don’t have to refill it with each use and delivers perfectly hot, delicious coffee with a simple tap of a lever and press of a button.

Read more from our testing of single-serve coffee makers here.

Best coffee subscription: Blue Bottle (starting at $11 per shipment; bluebottlecoffee.com)

Blue Bottle coffee subscription
Blue Bottle coffee subscription

Blue Bottle’s coffee subscription won us over with its balance of variety, customizability and, most importantly, taste. We sampled both the single-origin and blend assortments and loved the flavor of nearly every single cup we made. The flavors are complex and bold but unmistakably delicious. Beyond its coffee, Blue Bottle’s subscription is simple and easy to use, with tons of options to tailor to your caffeine needs.

Read more from our testing of coffee subscriptions here.

Best cold brewer coffee maker: Hario Mizudashi Cold Brew Coffeepot ($25; amazon.com)

Hario Mizudashi Cold Brew Coffeepot
Hario Mizudashi Cold Brew Coffeepot

This sleek, sophisticated and streamlined carafe produces 1 liter (about 4 1/4 cups) of rich, robust brew in just eight hours. It was among the simplest to assemble, it executed an exemplary brew in about the shortest time span, and it looked snazzy doing it. Plus, it rang up as the second-most affordable of our inventory.

Read more from our testing of cold brew makers here.

Kitchen essentials

Best nonstick pan: T-fal E76597 Ultimate Hard Anodized Nonstick Fry Pan With Lid ($39.97; amazon.com)

T-fal E76597 Ultimate Hard Anodized Nonstick Fry Pan With Lid
T-fal E76597 Ultimate Hard Anodized Nonstick Fry Pan With Lid

If you’re a minimalist and prefer to have just a single pan in your kitchen, you’d be set with the T-fal E76597. This pan’s depth gives it multipurpose functionality: It cooks standard frying-pan foods like eggs and meats, and its 2 1/2-inch sides are tall enough to prepare recipes you’d usually reserve for pots, like rices and stews. It’s a high-quality and affordable pan that outperformed some of the more expensive ones in our testing field.

Read more from our testing of nonstick pans here.

Best blender: Breville Super Q ($499.95; breville.com)

Breville Super Q
Breville Super Q

With 1,800 watts of motor power, the Breville Super Q features a slew of preset buttons, comes in multiple colors, includes key accessories and is touted for being quieter than other models. At $500, it does carry a steep price tag, but for those who can’t imagine a smoothie-less morning, what breaks down to about $1.30 a day over a year seems like a bargain.

Read more from our testing of blenders here.

Best knife set: Chicago Cutlery Fusion 17-Piece Knife Block Set ($119.74; amazon.com)

Chicago Cutlery Fusion 17-Piece Knife Block Set
Chicago Cutlery Fusion 17-Piece Knife Block Set

The Chicago Cutlery Fusion 17-Piece Knife Block Set sets you up to easily take on almost any cutting job and is a heck of a steal at just $119.97. Not only did the core knives included (chef’s, paring, utility and serrated) perform admirably, but the set included a bevy of extras, including a full set of steak knives. We were blown away by their solid construction and reliable execution for such an incredible value. The knives stayed sharp through our multitude of tests, and we were big fans of the cushion-grip handles that kept them from slipping, as well as the classic look of the chestnut-stained wood block. If you’re looking for a complete knife set you’ll be proud of at a price that won’t put a dent in your savings account, this is the clear winner.

Read more from our testing of knife sets here.

Audio

Best true wireless earbuds: AirPods Pro ($199, originally $249; amazon.com)

Apple AirPods Pro
Apple AirPods Pro

Apple’s AirPods Pro hit all the marks. They deliver a wide soundstage, thanks to on-the-fly equalizing tech that produces playback that seemingly brings you inside the studio with the artist. They have the best noise-canceling ability of all the earbuds we tested, which, aside from stiff-arming distractions, creates a truly immersive experience. To sum it up, you’re getting a comfortable design, a wide soundstage, easy connectivity and long battery life.

Read more from our testing of true wireless earbuds here.

Best noise-canceling headphones: Sony WH-1000XM4 ($278, originally $349.99; amazon.com)

Sony WH-1000XM4
Sony WH-1000XM4

Not only do the WH-1000XM4s boast class-leading sound, but phenomenal noise-canceling ability. So much so that they ousted our former top overall pick, the Beats Solo Pros, in terms of ANC quality, as the over-ear XM4s better seal the ear from outside noise. Whether it was a noise from a dryer, loud neighbors down the hall or high-pitched sirens, the XM4s proved impenetrable. This is a feat that other headphones, notably the Solo Pros, could not compete with — which is to be expected considering their $348 price tag.

Read more from our testing of noise-canceling headphones here.

Best on-ear headphones: Beats Solo 3 ($119.95, originally $199.95; amazon.com)

Beats Solo 3
Beats Solo 3

The Beats Solo 3s are a phenomenal pair of on-ear headphones. Their sound quality was among the top of those we tested, pumping out particularly clear vocals and instrumentals alike. We enjoyed the control scheme too, taking the form of buttons in a circular configuration that blend seamlessly into the left ear cup design. They are also light, comfortable and are no slouch in the looks department — more than you’d expect given their reasonable $199.95 price tag.

Read more from our testing of on-ear headphones here.

Beauty

Best matte lipstick: Stila Stay All Day Liquid Lipstick ($11, originally $22; amazon.com or $22; nordstrom.com and stilacosmetics.com)

Stila Stay All Day Liquid Lipstick
Stila Stay All Day Liquid Lipstick

The Stila Stay All Day Liquid Lipstick has thousands of 5-star ratings across the internet, and it’s easy to see why. True to its name, this product clings to your lips for hours upon hours, burritos and messy breakfast sandwiches be damned. It’s also surprisingly moisturizing for such a superior stay-put formula, a combo that’s rare to come by.

Read more from our testing of matte lipsticks here.

Best everyday liquid liner: Stila Stay All Day Waterproof Liquid Eyeliner ($22; stilacosmetics.com or macys.com)

Stila Stay All Day Waterproof Liquid Eyeliner
Stila Stay All Day Waterproof Liquid Eyeliner

The Stila Stay All Day Waterproof Liquid Eyeliner is a longtime customer favorite — hence its nearly 7,500 5-star reviews on Sephora — and for good reason. We found it requires little to no effort to create a precise wing, the liner has superior staying power and it didn’t irritate those of us with sensitive skin after full days of wear. As an added bonus, it’s available in a whopping 12 shades.

Read more from our testing of liquid eyeliners here.

Work-from-home essentials

Best office chair: Steelcase Series 1 (starting at $381.60; amazon.com or $415, wayfair.com)

Steelcase Series 1
Steelcase Series 1

The Steelcase Series 1 scored among the highest overall, standing out as one of the most customizable, high-quality, comfortable office chairs on the market. At $415, the Steelcase Series 1 beat out most of its pricier competitors across testing categories, scoring less than a single point lower than our highest-rated chair, the $1,036 Steelcase Leap, easily making it the best bang for the buck and a clear winner for our best office chair overall.

Read more from our testing of office chairs here.

Best ergonomic keyboard: Logitech Ergo K860 ($129.99; logitech.com)

Logitech Ergo K860
Logitech Ergo K860

We found the Logitech Ergo K860 to be a phenomenally comfortable keyboard. Its build, featuring a split keyboard (meaning there’s a triangular gap down the middle) coupled with a wave-like curvature across the body, allows both your shoulders and hands to rest in a more natural position that eases the tension that can often accompany hours spent in front of a regular keyboard. Add the cozy palm rest along the bottom edge and you’ll find yourself sitting pretty comfortably.

Read more from our testing of ergonomic keyboards here.

Best ergonomic mouse: Logitech MX Master 3 ($99.99; logitech.com)

Logitech MX Master 3
Logitech MX Master 3

The Logitech MX Master 3 is an unequivocally comfortable mouse. It’s shaped to perfection, with special attention to the fingers that do the clicking. Using it felt like our fingers were lounging — with a sculpted ergonomic groove for nearly every finger.

Read more from our testing of ergonomic mice here.

Best ring light: Emart 10-Inch Selfie Ring Light ($25.99; amazon.com)

Emart 10-Inch Selfie Ring Light
Emart 10-Inch Selfie Ring Light

The Emart 10-Inch Standing Ring Light comes with a tripod that’s fully adjustable — from 19 inches to 50 inches — making it a great option whether you’re setting it atop your desk for video calls or need some overhead lighting so no weird shadows creep into your photos. Its three light modes (warm, cool and a nice mix of the two), along with 11 brightness levels (among the most settings on any of the lights we tested), ensure you’re always framed in the right light. And at a relatively cheap $35.40, this light combines usability and affordability better than any of the other options we tested.

Read more from our testing of ring lights here.

Home

Best linen sheets: Parachute Linen Sheet Set (starting at $149; parachute.com)

Parachute Linen Sheets
Parachute Linen Sheets

Well made, luxurious to the touch and with the most versatile shopping options (six sizes, nine colors and the ability to order individual sheets), the linen sheets from Parachute were, by a narrow margin, our favorite set. From the satisfying unboxing to a sumptuous sleep, with a la carte availability, Parachute set the gold standard in linen luxury.

Read more from our testing of linen sheets here.

Best shower head: Kohler Forte Shower Head (starting at $74.44; amazon.com)

Kohler Forte Shower Head
Kohler Forte Shower Head

Hands down, the Kohler Forte Shower Head provides the best overall shower experience, offering three distinct settings. Backstory: Lots of shower heads out there feature myriad “settings” that, when tested, are pretty much indecipherable. The Forte’s three sprays, however, are each incredibly different and equally successful. There’s the drenching, full-coverage rain shower, the pulsating massage and the “silk spray” setting that is basically a super-dense mist. The Forte manages to achieve all of this while using only 1.75 gallons per minute (GPM), making it a great option for those looking to conserve water.

Read more from our testing of shower heads here.

Best humidifier: TaoTronics Cool Mist Humidifier (starting at $49.99; amazon.com)

TaoTronics Cool Mist Humidifier
TaoTronics Cool Mist Humidifier

The TaoTronics Cool Mist Humidifier ramped up the humidity in a room in about an hour, which was quicker than most of the options we tested. More importantly, though, it sustained those humidity levels over the longest period of time — 24 hours, to be exact. The levels were easy to check with the built-in reader (and we cross-checked that reading with an external reader to confirm accuracy). We also loved how easy this humidifier was to clean, and the nighttime mode for the LED reader eliminated any bright lights in the bedroom.

Read more from our testing of humidifiers here.

Video

Best TV: TCL 6-Series (starting at $579.99; bestbuy.com)

TCL 6-Series
TCL 6-Series

With models starting at $599.99 for a 55-inch, the TCL 6-Series might give you reverse sticker shock considering everything you get for that relatively small price tag. But can a 4K smart TV with so many specification standards really deliver a good picture for $500? The short answer: a resounding yes. The TCL 6-Series produces a vibrant picture with flexible customization options and handles both HDR and Dolby Vision, optimization standards that improve the content you’re watching by adding depth to details and expanding the color spectrum.

Read more from our testing of TVs here.

Best streaming device: Roku Ultra ($99.99; amazon.com)

Roku Ultra
Roku Ultra

Roku recently updated its Ultra streaming box and the 2020 version is faster, thanks to a new quad-core processor. The newest Ultra retains all of the features we loved and enjoyed about the 2019 model, like almost zero lag time between waking it up and streaming content, leading to a hiccup-free streaming experience. On top of that, the Roku Ultra can upscale content to deliver the best picture possible on your TV — even on older-model TVs that don’t offer the latest and greatest picture quality — and supports everything from HD to 4K.

Read more from our testing of streaming devices here.

Travel

Best carry-on luggage: Away Carry-On ($225; away.com)

Away Carry-On
Away Carry-On

The Away Carry-On scored high marks across all our tests and has the best combination of features for the average traveler. Compared with higher-end brands like Rimowa, which retail for hundreds more, you’re getting the same durable materials, an excellent internal compression system and eye-catching style. Add in smart charging capabilities and a lifetime warranty, and this was the bag to beat.

Read more from our testing of carry-on luggage here.

Best portable charger: Anker PowerCore 13000 (starting at $31.99; amazon.com)

Anker PowerCore 13000
Anker PowerCore 13000

The Anker PowerCore 13000 shone most was in terms of charging capacity. It boasts 13,000 mAh (maH is a measure of how much power a device puts out over time), which is enough to fully charge an iPhone 11 two and a half times. Plus, it has two fast-charging USB Type-A ports so you can juice a pair of devices simultaneously. While not at the peak in terms of charging capacity, at just $31.99, it’s a serious bargain for so many mAhs.

Read more from our testing of portable chargers here.

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Trump’s misleading tweet about changing your vote, briefly explained

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Open Sourced logo

Searches for changing one’s vote did not trend following the recent presidential debate, and just a few states appear to have processes for changing an early vote. But that didn’t stop President Trump from wrongly saying otherwise on Tuesday.

In early morning posts, the president falsely claimed on Twitter and Facebook that many people had Googled “Can I change my vote?” after the second presidential debate and said those searching wanted to change their vote over to him. Trump also wrongly claimed that most states have a mechanism for changing one’s vote. Actually, just a few states appear to have the ability, and it’s rarely used.

Twitter did not attach a label to Trump’s recent tweet.
Twitter

Trump’s claim about what was trending on Google after the debate doesn’t hold up. Searches for changing one’s vote were not among Google’s top trending searches for the day of the debate (October 22) or the day after. Searches for “Can I change my vote?” did increase slightly around the time of the debate, but there is no way to know whether the bump was related to the debate or whether the people searching were doing so in support of Trump.

It was only after Trump’s posts that searches about changing your vote spiked significantly. It’s worth noting that people were also searching for “Can I change my vote?” during a similar period before the 2016 presidential election.

Google declined to comment on the accuracy of Trump’s post.

Trump also claimed that these results indicate that most of the people who were searching for how to change their vote support him. But the Google Trends tool for the searches he mentioned does not provide that specific information.

Perhaps the most egregiously false claim in Trump’s recent posts is about “most states” having processes for changing your early vote. In fact, only a few states have such processes, and they can come with certain conditions. For instance, in Michigan, voters who vote absentee can ask for a new ballot by mail or in person until the day before the election.

The Center for Election Innovation’s David Becker told the Associated Press that changing one’s vote is “extremely rare.” Becker explained, “It’s hard enough to get people to vote once — it’s highly unlikely anybody will go through this process twice.”

Trump’s post on Facebook was accompanied by a link to Facebook’s Voting Information Center.
Facebook

At the time of publication, Trump’s false claims had drawn about 84,000 and 187,000 “Likes” on Twitter and Facebook, respectively. Trump’s posts accelerated searches about changing your vote in places like the swing state of Florida, where changing one’s vote after casting it is not possible. Those numbers are a reminder of the president’s capacity to spread misinformation quickly.

On Facebook, the president’s post came with a label directing people to Facebook’s Voting Information Center, but no fact-checking label. Twitter had no annotation on the president’s post. Neither company responded to a request for comment.

That Trump is willing to spread misinformation to benefit himself and his campaign isn’t a surprise. He does that a lot. Still, just days before a presidential election in which millions have already voted, this latest episode demonstrates that the president has no qualms about using false claims about voting to cause confusion and sow doubt in the electoral process.

Open Sourced is made possible by Omidyar Network. All Open Sourced content is editorially independent and produced by our journalists.


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Nearly 6,000 civilian casualties in Afghanistan so far this year

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From January to September, 5,939 civilians – 2,117 people killed and 3,822 wounded – were casualties of the fighting, the UN says.

Nearly 6,000 Afghan civilians were killed or wounded in the first nine months of the year as heavy fighting between government forces and Taliban fighters rages on despite efforts to find peace, the United Nations has said.

From January to September, there were 5,939 civilian casualties in the fighting – 2,117 people killed and 3,822 wounded, the UN Assistance Mission in Afghanistan (UNAMA) said in a quarterly report on Tuesday.

“High levels of violence continue with a devastating impact on civilians, with Afghanistan remaining among the deadliest places in the world to be a civilian,” the report said.

Civilian casualties were 30 percent lower than in the same period last year but UNAMA said violence has failed to slow since the beginning of talks between government negotiators and the Taliban that began in Qatar’s capital, Doha, last month.

An injured girl receives treatment at a hospital after an attack in Khost province [Anwarullah/Reuters]

The Taliban was responsible for 45 percent of civilian casualties while government troops caused 23 percent, it said. United States-led international forces were responsible for two percent.

Most of the remainder occurred in crossfire, or were caused by ISIL (ISIS) or “undetermined” anti-government or pro-government elements, according to the report.

Ground fighting caused the most casualties followed by suicide and roadside bomb attacks, targeted killings by the Taliban and air raids by Afghan troops, the UN mission said.

Fighting has sharply increased in several parts of the country in recent weeks as government negotiators and the Taliban have failed to make progress in the peace talks.

At least 24 people , mostly teens, were killed in a suicide bomb attack at an education centre in Kabul [Mohammad Ismail/Reuters]

The Taliban has been fighting the Afghan government since it was toppled from power in a US-led invasion in 2001.

Washington blamed the then-Taliban rulers for harbouring al-Qaeda leaders, including Osama bin Laden. Al-Qaeda was accused of plotting the 9/11 attacks.

Calls for urgent reduction of violence

Meanwhile, the US envoy for Afghanistan, Zalmay Khalilzad, said on Tuesday that the level of violence in the country was still too high and the Kabul government and Taliban fighters must work harder towards forging a ceasefire at the Doha talks.

Khalilzad made the comments before heading to the Qatari capital to hold meetings with the two sides.

“I return to the region disappointed that despite commitments to lower violence, it has not happened. The window to achieve a political settlement will not stay open forever,” he said in a tweet.

There needs to be “an agreement on a reduction of violence leading to a permanent and comprehensive ceasefire”, added Khalilzad.

A deal in February between the US and the Taliban paved the way for foreign forces to leave Afghanistan by May 2021 in exchange for counterterrorism guarantees from the Taliban, which agreed to sit with the Afghan government to negotiate a permanent ceasefire and a power-sharing formula.

But progress at the intra-Afghan talks has been slow since their start in mid-September and diplomats and officials have warned that rising violence back home is sapping trust.

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