What's next for the Supreme Court?
September 21, 2020 [View Online]( | [Sign Up](
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Good morning. So apparently we have to watch Schitt's Creek, which crushed it at the Emmys last night. All we know about it is Canada.Â
MARKETS YTD PERFORMANCE
NASDAQ
10,793.28
+ 20.29%
S&P
3,319.47
+ 2.75%
DJIA
27,657.42
- 3.09%
GOLD
1,957.10
+ 28.76%
10-YR
0.701%
- 121.90 bps
OIL
40.97
- 33.07%
*As of market close
- Markets: U.S. stocks have [fallen]( for three straight weeks, but one segment of the market is red hot. The S&Pâs materials sector (home to companies like Sherwin-Williams) is the indexâs best performer this quarter, up 16%.
LAW
[What Now for the Supreme Court?](
[Supreme Court]
Pixabay
Liberal Supreme Court Justice Ruth Bader Ginsburg [died]( on Friday night at 87. As a feminist icon and revered jurist, RBG's death was devastating for many, but it [also raised]( some cold hard political questions about the courtâs future makeup.Â
Big picture: Ginsburgâs death leaves the court with five conservative-leaning justices and three liberal ones. President Trump [said]( Saturday that heâll nominate a replacement this week. Senate Majority Leader Mitch McConnell has promised a confirmation vote.Â
- Democrats responded with a resounding âOh, thatâs rich,â pointing to McConnellâs refusal in 2016 to hold a hearing for then-President Barack Obamaâs nominee, Merrick Garland, because it was an election year.Â
Trump has pledged to nominate a womanâpossibly Amy Coney Barrett, Barbara Lagoa, or Allison Jones Rushing, according to reports. You can read up on them [here](.Â
One upcoming case looms especially large: The ACAÂ
Aka Obamacare. On Nov. 10, one week after the election, the Supreme Court will hear oral arguments in a lawsuit against the healthcare lawâa group of Republican-led states is trying to get the ACA thrown out.Â
- Their argument? A provision in the 2017 tax cuts repealed the ACAâs individual mandate penalty (the fine for not having health insurance), so they argue the whole enchilada should be thrown out on grounds of unconstitutionality.Â
- Even if Trump announces an appointee ASAP, itâs unlikely sheâll be confirmed and robed up by the 10th. So with an eight-justice court, a 4-4 tie is possible, in which case itâll be sent back to lower courts.Â
Zoom out: The Biden campaign is adding the ACA fight to its healthcare-forward message, focusing on Trumpâs handling of the pandemic and Bidenâs role in getting the ACA passed in the first place. Democratic operatives [say]( healthcare was a winning issue in the 2018 midterms and has only become more potent now that every stray cough is cause for concern.Â
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SOCIAL MEDIA
[TikTok Will Live on, After All](
[TikTok ]
Francis Scialabba
On Saturday, President Trump gave his â[blessing](â to the marriage of TikTok and major U.S. corporations Oracle and Walmart.Â
The details: Oracle and Walmart will reportedly take a combined 20% stake in the new company, TikTok Global. ByteDance, TikTokâs Chinese owner and the main character in this drama, is expected to keep 80%...but American interests control 40% of ByteDance, so the new company will have [majority U.S. ownership](, per the Trump administration.
- But Trump's original demand for ByteDance to sell TikTok's U.S. operations over national security concerns [isn't happening](, which leaves some critics asking..."what was the point of all this again?"Â
Oracle and Walmart are happy: Oracle will get a big boost to its cloud business, which has lagged rivals like Amazon. Walmart will flex its e-commerce muscles to TikTokâs 100 million monthly active U.S. users. Â
Looking aheadâ¦the Commerce Department delayed its order to ban TikTok from U.S. app stores. The other Chinese app under fire, WeChat, was also [saved]( from an app store ban by a judge yesterday.Â
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BANKING
[Walter White's Car Wash Has Nothing on This](
Top global banks shuffled huge sums of allegedly illicit funds around the globe even after noticing irregularities, according to an [investigation]( dropped yesterday by *deep breath* the International Consortium of Investigative Journalists (ICIJ), BuzzFeed News, and more than 100 media partners in 88 countries.Â
Thatâs a lot of journalistic horsepower, but this was a big operation. In a treasure trove of leaked government documents, the investigators found at least $2 trillion worth of transactions were flagged as âsuspiciousâ by banksâ internal compliance departments from 1999â2017.Â
Which banks? JPMorgan, HSBC, Standard Chartered Bank, Deutsche Bank, and Bank of New York Mellon were named in the report for shuffling dirty money around even after promising the government theyâd keep a more careful eye on money laundering.Â
Why you should care: âBecause the free flow of illicit money causes incalculable harm,â writes the ICIJ, fueling drug cartels, enabling tax evasion, and helping oligarchs consolidate power.Â
This story requires much more real estate than one newsletter. [Read the report](.Â
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SPORTS
[It's No Caesars Palace, but It'll Do](
[Aerial shot of Allegiant Stadium in Las Vegas ]
Ethan Miller/Getty Images
Tonight, another enormous, slightly-out-of-place-looking structure is set to open in Las Vegas.Â
That would be Allegiant Stadium, the new $2 billion home of the Las Vegas Raiders. The Raiders will break in the stadium (nicknamed the âDeath Starâ) against the New Orleans Saints on Monday Night Football.
Big picture: Hosting an NFL team is a landmark moment for Las Vegas, which had a [reputation]( for being too tourism-centered and small to support a football franchise. But continued population growth and an up-and-coming tech industry mean it could be ready. The NHL and WNBA both added Vegas outposts in the last few years.Â
- Itâs also a [historic moment]( for the NFL, which had shunned any connection to sports betting.Â
Bottom line: The Raidersâ debut comes at a time when Las Vegasâs position atop the (legal) sports betting world is [being challenged](. In several months last year, the total amount wagered in New Jersey topped the totals in Vegas.
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CALENDAR
[The Week Ahead](
This week will mark one of the largest migrations on earth: from iced coffee to hot coffee.Â
Monday: The âThe Ellen DeGeneres Showâ returnsâsheâll confront allegations of a toxic workplace
Tuesday: First day of fall; National Voter Registration Day ([register here](); Nike earnings; Tesla will hold its âBattery Dayâ event
Wednesday: Fed Chair Jerome Powell makes one of three appearances before Congressional committees Â
Thursday: Jobless claims; Costco earnings
Friday: Chillen
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WHAT ELSE IS BREWING
- [Bill Gates](: The pandemic "won't last indefinitely" but itâs âoutrageousâ that Americans canât get a test result back in 24 hours.
- [The UK](, facing a âtipping pointâ in coronavirus cases, introduced a fine of up to $13,000 for people who fail to self-isolate.Â
- [AstraZeneca]( became the latest pharma company to release its coronavirus vaccine trial blueprints. Its trial is currently paused in the U.S.
- [What else happened]( at the virtual Emmys.
- [Global trade]( has bounced back much more quickly this year than following the Great Recession, the WSJ reports.
- [Cracker Barrel]( is adding alcohol to its menu for the first time ever.
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BREW'S BETS
More Brew recs: If you like the recommendations we provide in the Brewâs Bets section, you should know we have an entire newsletter dedicated to tips on helping you live your best life, from recipes and workouts to TV recs and DIY inspo. [Check it out now](.Â
Bits of wisdom: Author Ryan Holiday shares [33 pieces of advice]( he stole from smarter people.
Documentary picks: We finally got around to watching [Boys State]( on Apple TV+ and definitely recommend it. Also heard great things about [My Octopus Teacher]( on Netflix and anxiously awaiting this week's release of [Agents of Chaos]( on HBO.
FROM THE CREW
[Start Talking](#)
On Mondays, we present a relevant business topic, give you a few balanced resources, and encourage you to discuss with friends, family, and coworkers.
This weekâs topic: In honor of the late Justice Ruth Bader Ginsburg, weâre talking about gender equality. Specifically, how women continue to shoulder a greater proportion of invisible labor. On an average day in 2019, 70% of U.S. women did food prep and cleanup, compared to 48% of men; 46% of women did household chores vs. 22% of men.Â
- Understanding invisible labor. ([Good Housekeeping]()
- Itâs not just at home: Women are more likely to take care of âoffice housework,â too. ([Quartz]()Â
- How the Covid-19 childcare crisis will distort the economy for a generation. ([Politico]()
- What about same-sex couples? ([Jezebel]()
- Some couples are using project management apps like Trello and Asana to more fairly divvy up household work. ([WSJ](, [The Atlantic]()
Audience participation: This week, we challenge you and your partner to log all the time you spend on household choresâshopping, cleaning, budgeting, childcare, etc.âthen compare at the end of the week.Â
CROSSWORD
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Take a crack at this week's Brew Crossword, brought to you by reader Mary Cole. You'll get a kick out of the tech theme.
[Play the crossword](. Â
+ Want to write a crossword for the Brew? [Here's how](.
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