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  • The Week Evening Review
    An emerging legal pattern, GPS jamming dangers, and South Korea's Google Maps debate

     
    TODAY'S BIG QUESTION

    Why are federal judges criticizing SCOTUS?

    The work of judging was once simple. The Supreme Court would set rulings, and lower-court judges would follow its precedents. That pattern has been upended in the Trump administration, sparking a conflict between federal judges and the high court.

    Lower-court judges are "frustrated" with the Supreme Court and its handling of cases involving President Donald Trump, said NBC News. They say a pattern has emerged: Courts take on cases against Trump. Judges "painstakingly research the law" and often rule against the administration, which appeals to the high court, which in turn makes emergency "shadow docket" rulings with "little to no explanation." Lower-court judges say that vagueness leaves them in the dark about how they are supposed to apply the law. 

    What did the commentators say?
    Some judges compare the Supreme Court's approach to Trump cases to Calvinball, the "fictional game without rules," said Axios. They echo Supreme Court Justice Ketanji Brown Jackson, who last month suggested her colleagues follow precisely one rule in their jurisprudence: "This administration always wins." 

    The Supreme Court has been using a "shadow docket" to make its rulings "increasingly often," said Mark Guzelian at Harvard Political Review. Those decisions come "without oral arguments or a formal signed opinion with legal reasoning" so that lower-court judges can apply the law. That presents "dangers to the future of the law" in the U.S. and "could have the unintended effect of decreasing confidence in an already unpopular Supreme Court."

    Lower courts are "never free to defy" the Supreme Court's rulings, said Justice Neil Gorsuch in a recent case. But justices are handing down "thinly (or entirely un-)explained rulings" and expecting lower-court judges to "read their minds," said Steve Vladeck at One First. The court "doesn't have to provide full-throated explanations" of its rulings. But it leaves lower courts vulnerable while Trump and his allies direct "heated rhetoric" at any judge who makes a ruling "even slightly adverse to the federal government."

    What next?
    One problem is that shadow docket rulings "become binding precedent," Erwin Chemerinsky, the dean of the University of California, Berkeley, School of Law, said at ABA Journal. There will always be a need for the court to issue emergency rulings. But those cases should not serve as a guide to the lower courts.

     
     

    Statistic of the day

    $1.8 billion: The amount in a new spending package from the Greek government to help tackle the country's population decline. Greece's population could shrink by more than 2 million people by 2050, officials have warned. The package includes incentives like tax exemptions for low-income families with at least four children.

     
     
    THE EXPLAINER

    GPS jamming: a new danger to civil aircraft

    Potentially disastrous signal interference has become an "invisible threat that risks devastating air travel," said Christopher Jasper at The Telegraph after an attack on a plane carrying European Commission President Ursula von der Leyen on Sept. 1. The airplane's pilot was forced to make an emergency landing in Bulgaria using paper maps after its GPS navigation systems were jammed. 

    What's jamming? 
    Jamming disrupts GPS, the satellite navigation system that uses radio signals from satellites to calculate position, by broadcasting high-intensity radio noise in the same frequency band as that used by the navigation satellites. It's a bit like a "person shouting loudly in your ear" who stops you "hearing what someone is saying on the other side of the room," said Lucia McCallum, a senior scientist at the University of Tasmania, at The Independent. It's also highly dangerous, increasing the risk of collisions with other planes or potentially causing the pilot to mishandle the aircraft. 

    Who's doing it? 
    Jamming is "active along a 3,500-mile arc" from the Arctic Ocean to Oman, with a growing number of reports of its use in the conflict zones of Eastern Europe and the Middle East, said Jasper. Ships in the Red Sea "report frequent interference," probably by Houthi rebels in Yemen, and a "clandestine" Russian base near the Polish border has been blamed for satellite navigation interference in the Baltic region, said McCallum. Authorities in Bulgaria suspect Moscow also jammed the GPS of the jet carrying von der Leyen, but a Kremlin spokesperson told the Financial Times that this claim was "incorrect." 

    Can it be prevented? 
    Some navigation systems can tune in to more than one set of satellites, so if one is jammed, others may be available. Backup navigation options can also be used, employing different radio frequencies and paper maps. And new possibilities are on the horizon, including sensors that use small fluctuations in Earth's magnetic field to detect position. 

    Everyday air passengers have "no need to worry" about jamming because it's still "very rare, especially outside conflict zones," said McCallum. The aviation industry is "highly regulated and extremely safe," with "backup options" when satellite navigation isn't working.

     
     
    QUOTE OF THE DAY

    'What pisses me off is now I can't leave. I have been thinking about retiring. Now I can't.' 

    Howard Stern responding to a hoax announcing he's leaving his radio show on Sirius XM. "The Howard Stern Show" has aired in syndication since the 1980s, becoming one of the most popular radio shows in U.S. history.

     
     
    TALKING POINTS

    South Korea's divide over allowing Google Maps

    Google Maps is available in more than 250 countries, so it may surprise some people to learn that a modern tech-obsessed nation like South Korea isn't on the list. Google Maps has long been shunned by the Asian country, and the app has never fully worked in South Korea. South Korean officials say this is due to national security concerns over geographic data, but many South Koreans and tourists feel the time has come to let Google in.

    'Decades-long struggle'
    Many South Korean officials are wary of making Google Maps fully accessible in the country. At the "heart of this issue lies a set of map data owned by the South Korean government," which Google says it "needs to create a comprehensive map of the country," said CNN. Google has repeatedly "asked South Korea to export that data," and authorities have repeatedly "refused, citing national security concerns."

    This "decades-long struggle began over geopolitical tensions" in 2008, when Google Maps "labeled some Korean locations by their Japanese names," said Soyun Ahn, an assistant professor of communications at Boston College, to CNN. Since then, South Korea has been reluctant to allow Google Maps access to its data, even though "most overseas platforms have no such issue operating, including other Google products like Gmail and YouTube."

    Many defense experts say providing Google the maps would "hand adversaries a precision targeting aid," said The Diplomat. They cite Ukraine's 2022 experience: When Google Earth "refreshed satellite tiles, bloggers scraped the imagery and geolocated newly built military facilities, forcing Kyiv to ask Google to blur sensitive areas after the fact."

    'Major inconveniences to foreign tourists'
    Others say the time has come for Google to gain a seat at the South Korean map table. This may ring especially true for tourists who must find alternative navigation apps. 

    Google claims the "lack of data restricts its Google Maps services in Korea, causing major inconveniences to foreign tourists," said Reuters. The company also claims there are "no security concerns about its mapping data on South Korea," saying the data is "publicly available and used by a number of companies." The South Korean government is now "under stronger pressure" to capitulate on the map issue "amid escalating trade pressure" from the Trump administration, said The Korea Times.

     
     

    Good day 🧑‍✈️

    … for young fliers. Fifteen-year-old Australian Bryon Waller is attempting to become the youngest supported pilot to fly around the world. Diagnosed with Crohn's disease at 14, he says flying gave him a "new beginning." He aims to return home by Oct. 13, his 16th birthday.

     
     

    Bad day 💊

    … for beta-blockers. Widely used in the immediate aftermath of a heart attack, these drugs may not be beneficial for most patients, according to research from the Mount Sinai Fuster Heart Hospital in Manhattan. Women in particular are more likely to have another heart attack when treated with beta-blockers.

     
     
    Picture of the day

    Out of this world

    A blood moon appears behind Japan's Tokyo Skytree tower. Sky-gazers were treated to the rare phenomenon as the moon was engulfed by Earth's shadow in a lunar eclipse, making it appear red.
    Jiji Press / AFP / Getty Images

     
     
    Puzzles

    Daily crossword

    Test your general knowledge with The Week's daily crossword, part of our puzzles section, which also includes sudoku and codewords

    Play here

     
     
    The Week recommends

    'The Office' spinoff is just a teaser for the best of fall TV

    We are shooting straight into fall without a cushion. New TV comes in hot with a "Mare of Easttown" follow-up, an Ethan Hawke-starring deep dive into Oklahoma crime, and a new show from the creator of "The Office."

    'The Paper'
    The U.S. version of "The Office" ended 12 years ago, but the absurdist mockumentary about a local paper company remains one of the most rewatched shows of all time. The original series' creator, Greg Daniels, returns as the co-creator, executive producer and co-showrunner of the new spinoff "The Paper." "By the season finale," the show has "all the makings of being as witty and iconic as its predecessor," said Aramide Tinubu at Variety. (out now, Peacock)

    'Task'
    Brad Ingelsby, the creator of HBO's hit 2021 series "Mare of Easttown," is back with his second original crime show. "Task" puts Mark Ruffalo in the lead as Tom, a priest turned FBI agent tracking a gang of home invaders. "Casually shedding the cliches it's built upon, HBO's crime saga mounts a potent blend of cat-and-mouse chase, bleak family drama, and a character study," said Ben Travers at IndieWire. (out now, HBO)

    'The Lowdown'
    This neo-noir starring Ethan Hawke was created by Sterlin Harjo, whose previous show, "Reservation Dogs," emerged as "one of the best TV series of the 2020s," said Noel Murray at The New York Times. In "The Lowdown," Hawke plays a freelance journalist in Tulsa, Oklahoma, who hopes to expose the seedy underbelly of corruption in his city and becomes embroiled in a murder mystery. (Sept. 23, FX; Sept. 24, Hulu)

    Read more

     
     

    Poll watch

    Two in five Americans (40%) think having two children is optimal, while 27% believe three is the magic number, according to a Gallup survey. Most of the 1,002 adults polled feel positively toward multiple children. Only 4% believe having one child is optimal, while only 2% think the ideal family has no children. 

     
     
    INSTANT OPINION

    Today's best commentary

    'Why must we all suffer? Bring back the benches.'
    Mark Lasswell at The Washington Post
    The "humble bench, fast disappearing from public places, once was an emblem of civic comity," says Mark Lasswell. "Discouraging the homeless, who already are plenty discouraged by life, is everywhere." Those who "advocate for the homeless call these and other such measures hostile architecture, and they are right." When it comes to "stripping public places of benches, chairs and anything else that might let people take a load off, the problem being addressed is a self-inflicted one."

    'Yes, let's make America healthy again. That means supporting vaccines.'
    Juan Williams at The Hill
    We can see a "direct line between Secretary of Health and Human Services Robert F. Kennedy Jr. dismissing the proven success of vaccines and the fading consensus that the government should protect the public's health," says Juan Williams. His "baseless questioning of proven vaccines has opened the door to kooky miracle cures." Kennedy is "leading a war on trust in public health as a government responsibility." Undermining trust in "honest doctors and scientists is the highway to fast death."

    'Old, wealthy Democrats are sabotaging their own party'
    Jeet Heer at The Nation
    There's a "special world of wealthy Democratic donors who enjoy outsize power even though they frequently make decisions that are terrible for both their party and their country," says Jeet Heer. The "tendency toward gerontocracy among donors has a distinct ideological cast, as well." This is a group that has "responded to Trumpism by adopting a creed of ancien régime restoration that envisions the best possible future as a return to the glory days of bipartisan comity."

     
     
    WORD OF THE DAY

    joyspan

    The sum of all the moments of joy across your lifetime. Gerontologist and author Dr. Kerry Burnright has coined the term to highlight the importance of psychological well-being. While lifespan describes how many years you live, joyspan is about how much of that time is filled with "deeper" meaning and connection.

     
     

    Evening Review was written and edited by Nadia Croes, Scott Hocker, Anya Jaremko-Greenwold, Justin Klawans, Joel Mathis, Summer Meza, Chas Newkey-Burden and Anahi Valenzuela, with illustrations by Stephen Kelly and Julia Wytrazek.

    Image credits, from top: Illustration by Stephen Kelly / Getty Images; Illustration by Stephen Kelly / Getty Images; Xavier Duvot / Hans Lucas / AFP / Getty Images; BFA / Peacock / Alamy
     

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