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    Supreme Court Rejects Request to Lift Federal Ban on Evictions

    The C.D.C. had imposed an eviction moratorium, saying it was needed to address the coronavirus pandemic.WASHINGTON — The Supreme Court on Tuesday refused to lift a moratorium on evictions that had been imposed by the Centers for Disease Control and Prevention in response to the coronavirus pandemic.The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Sonia Sotomayor, Elena Kagan and Brett M. Kavanaugh in the majority.The court gave no reasons for its ruling, which is typical when it acts on emergency applications. But Justice Kavanaugh issued a brief concurring opinion explaining that he had cast his vote reluctantly and had taken account of the impending expiration of the moratorium.“The Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium,” Justice Kavanaugh wrote. “Because the C.D.C. plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds, I vote at this time to deny the application” that had been filed by landlords, real estate companies and trade associations.He added that the agency might not extend the moratorium on its own. “In my view,” Justice Kavanaugh wrote, “clear and specific congressional authorization (via new legislation) would be necessary for the C.D.C. to extend the moratorium past July 31.”At the beginning of the pandemic, Congress declared a moratorium on evictions, which lapsed last July. The C.D.C. then issued a series of its own moratoriums.“In doing so,” the challengers told the justices, “the C.D.C. shifted the pandemic’s financial burdens from the nation’s 30 to 40 million renters to its 10 to 11 million landlords — most of whom, like applicants, are individuals and small businesses — resulting in over $13 billion in unpaid rent per month.” The total cost to the nation’s landlords, they wrote, could approach $200 billion.The moratorium defers but does not cancel the obligation to pay rent; the challengers wrote that this “massive wealth transfer” would “never be fully undone.” Many renters, they wrote, will be unable to pay what they owe. “In reality,” they wrote, “the eviction moratorium has become an instrument of economic policy rather than of disease control.”In urging the Supreme Court to leave the moratorium in place, the government said that continued vigilance against the spread of the coronavirus was needed and noted that Congress has appropriated tens of billions of dollars to pay for rent arrears.The challengers argued that the moratorium was not authorized by the law the agency relied on, the Public Health Service Act of 1944.The 1944 law, the challengers wrote, was concerned with quarantines and inspections to stop the spread of disease and did not bestow on the agency “the unqualified power to take any measure imaginable to stop the spread of communicable disease — whether eviction moratoria, worship limits, nationwide lockdowns, school closures or vaccine mandates.”The C.D.C. argued that the moratorium was authorized by the 1944 law. Evictions would accelerate the spread of the coronavirus, the agency said, by forcing people “to move, often into close quarters in new shared housing settings with friends or family, or congregate settings such as homeless shelters.”The case was complicated by congressional action in December, when lawmakers briefly extended the C.D.C.’s moratorium through the end of January in an appropriations measure. When Congress took no further action, the agency again imposed moratoriums under the 1944 law.In its Supreme Court brief, the government argued that it was significant that Congress had embraced the agency’s action, if only briefly.Last month, Judge Dabney L. Friedrich of the Federal District Court in Washington ruled that the agency had exceeded its powers in issuing the moratorium.“The question for the court,” she wrote, “is a narrow one: Does the Public Health Service Act grant the C.D.C. the legal authority to impose a nationwide eviction moratorium? It does not.”Judge Friedrich granted a stay of her decision while the government appealed, leaving the moratorium in place. A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit declined to lift the stay, saying the government was likely to prevail on appeal.Whatever else may be said about the eviction moratorium, the challengers told the Supreme Court, it has outlived its purpose.“The government may wish to prolong the moratorium to see out its economic-policy goals,” they wrote, “but that does not render its stated justification plausible. Forcing landlords to provide free housing for vaccinated Americans may be good politics, but it cannot be called health policy.” More

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    High Lumber Prices Add Urgency to a Decades-Old Trade Fight

    WASHINGTON — A trade dispute over Canadian lumber that began when Ronald Reagan was president has become a political problem for President Biden, with home builders and members of Congress urging the administration to try to strike a deal that could help bring down the cost of critical building materials.Lumber prices remain far above prepandemic levels, even after falling sharply in recent weeks, an increase driven in part by strong housing demand and an abundance of home improvement projects during the pandemic. The higher-than-normal prices are among a wide range of supply chain complications that have cropped up as the economy picks up steam.But unlike other commodities that have been in short supply, lumber is also the subject of a long-running trade dispute between the United States and Canada, adding a layer of diplomatic intrigue to the scramble for in-demand building materials. The two countries are locked in a thorny disagreement over softwood lumber, which is widely used to build single-family homes.In the latest chapter of the dispute, the Trump administration in 2017 imposed duties on Canadian softwood lumber imports in response to what it deemed unfair trade practices. Now, with lumber prices driving up the cost of new home construction, the Biden administration is facing pressure to seek a resolution to the long-running spat.“If you look at the structure of home building — a lot of wood there,” said Representative Brian Higgins, Democrat of New York, whose Buffalo-area district borders Canada. “So the cost of softwood lumber is going to profoundly influence the cost that is inevitably passed on to the consumer.”The National Association of Home Builders, an influential trade group, has been particularly vocal about the issue, and numerous lawmakers have taken an interest as well. Last month, a bipartisan group of nearly 100 House members, led by Mr. Higgins and Representative Kevin Hern, Republican of Oklahoma, wrote to Katherine Tai, the United States trade representative, urging her to seek a deal with Canada.But signs of diplomatic progress have been scarce, and Canadian lumber producers may soon face higher duties. The Commerce Department said last month that it tentatively planned to double the duties later this year, to 18.3 percent from 9 percent for most producers.The move was cheered by the American lumber industry, but it drew criticism from U.S. home builders along with the Canadian government and the country’s lumber industry. Chuck Fowke, a custom home builder in Florida and the chairman of the National Association of Home Builders, said the planned increase “shows the White House does not care about the plight of American home buyers and renters.”Commerce Secretary Gina Raimondo, who met with the home builders group last month, said afterward that she would seek to “identify targeted actions the government or industry can take to address supply chain constraints.”Finding a resolution to the trade dispute is unlikely to be a simple undertaking for the Biden administration. “There’s really nothing that the administration can do quickly,” said Scott Lincicome, a senior fellow at the libertarian Cato Institute, who criticized the lumber duties and the system that allows domestic industries to seek them.The United States and Canada have been at odds over lumber since the 1980s. The saga has gone on for so long that lumber disputes over the years are commonly referred to with Roman numerals, akin to the Super Bowl. The current dispute is called Lumber V; Lumber IV took place during the George W. Bush administration.The friction between the United States and Canada over softwood lumber stems in large part from the differences in how timber is harvested in the two countries. While most timberland in the United States is privately owned, most of Canada’s forestland is publicly owned, and companies pay fees set by provincial governments to harvest timber from their land.A lumberyard in Victoria, British Columbia. Canadian lumber producers may soon face higher duties. James MacDonald/BloombergA sawmill in Chemainus, British Columbia. The U.S. Commerce Department said it tentatively planned to double the duties this year to 18.3 percent for most Canadian producers.James MacDonald/BloombergAmerican lumber producers contend that the fees are artificially low and amount to an unfair government subsidy. The United States and Canada have reached a series of agreements over the years regarding lumber imports into the United States, but the most recent deal expired in 2015.“The core problem, and partly why you can never resolve this, comes down to structure,” said Eric Miller, a former Canadian official and the president of the Rideau Potomac Strategy Group, a consultancy.In 2016, toward the end of the Obama administration, the American lumber industry petitioned the government to impose duties on Canadian softwood lumber imports in response to what it contended were unfair trade practices. The proceedings continued under the Trump administration, which in 2017 imposed duties of 20.2 percent for most Canadian producers. The rate was lowered to 9 percent last year.The status of the long-running dispute took on a new urgency as the price of lumber soared over the past year. The National Association of Home Builders estimated in April that higher lumber costs had added nearly $36,000 to the price of an average newly constructed single-family home. A benchmark for the price of framing lumber set a record high of $1,515 per thousand board feet in May, four times the price at the beginning of 2020, before beginning to plummet. Last week, the price stood at $930, still more than double its level at the start of 2020, according to Fastmarkets Random Lengths, the trade publication that publishes the benchmark.“As an economist, it is very hard to understand why we’re taxing something we don’t produce enough of,” said Robert Dietz, the chief economist for the National Association of Home Builders.On the other side of the issue are U.S. lumber producers. The U.S. Lumber Coalition, an industry group, has argued that strong demand, not duties, is driving lumber prices and that the duties make up only a small portion of the total cost of lumber for new homes.The coalition credits the duties with strengthening the U.S. lumber industry, saying in a statement that American sawmills had expanded capacity in recent years, producing an additional 11 billion board feet of lumber since 2016. “More lumber being manufactured in America to meet domestic demand is a direct result of the trade enforcement, and the U.S. industry strongly urges the administration to continue this enforcement,” the coalition said.Dustin Jalbert, a senior economist at Fastmarkets, a price reporting firm, attributed the chaotic lumber market and high prices in large part to effects from the pandemic. At the start of the pandemic, he said, sawmills “assumed the worst” and curbed production, only for the housing market to rebound and for demand to soar.Mr. Jalbert said the duties stemming from the U.S.-Canada dispute were not a major reason for the high prices. “In terms of the short-term pricing situation, it’s lower down the list in terms of the factors that are driving the record prices that we’ve seen in the market,” he said.Mr. Dietz of the home builders association acknowledged in an interview last month that “you could suspend the lumber tariff and you’re still not going to cool off this market,” adding, “A lot of the driving forces are on the demand side.”The National Association of Home Builders, a trade group, estimated in April that higher lumber costs had added nearly $36,000 to the price of an average newly constructed single-family home.Wes Frazer for The New York TimesThe status of the long-running dispute took on a new urgency as the price of lumber soared over the past year.Wes Frazer for The New York TimesBut he argued that getting rid of the duties would still be a useful step. “This is not a moment where we need to be saying: ‘Well, that’s going to help, but it’s not going to solve the problem. Therefore, it’s not a solution,’” he said.Even if the lumber duties are playing only a modest role in the current market conditions, the issue has still grabbed the attention of lawmakers. Ms. Tai and Ms. Raimondo both faced questions about lumber during hearings on Capitol Hill this spring.“The home builders, the Realtors, everybody in my state is talking about the cost of lumber,” Senator John Thune of South Dakota, the No. 2 Senate Republican, told Ms. Tai last month.Ms. Tai seemed to fault Canada for the stalemate. “In order to have an agreement and in order to have a negotiation, you need to have a partner,” she told Mr. Thune. “And thus far, the Canadians have not expressed interest in engaging.”Adam Hodge, a spokesman for Ms. Tai, said the United States was “open to resolving our differences” with Canada over softwood lumber. But, he added, “That would require addressing Canadian policies that create an uneven playing field for the U.S. industry, and to date, Canada has been unwilling to adequately address these concerns.”A spokeswoman for Mary Ng, the Canadian international trade minister, offered a different take on the Canadians’ interest in engaging on the issue.“Minister Ng has raised the United States’ unfair and unwarranted duties on softwood lumber at every opportunity, including directly with the president, with Secretary Raimondo and with Ambassador Tai, and we welcome discussions,” the spokeswoman, Alice Hansen, said. Prime Minister Justin Trudeau also raised the matter with Mr. Biden on the sidelines of the Group of 7 summit in Britain this month, Ms. Hansen said.At a recent parliamentary hearing, Ms. Ng described the duties as “a tax on the American people” that makes housing more expensive for them.“We do believe that a negotiated settlement would be in the best interest of both countries,” she said. “But in the meantime, we must defend against these unwarranted tariffs, which we will continue to do.” More

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    U.S. Bans Chinese Imports of Solar Panel Materials Tied to Forced Labor

    Much of the world’s polysilicon, used to make solar panels, comes from Xinjiang, where the United States has accused China of committing genocide through its repression of Uyghurs.The White House announced steps on Thursday to crack down on forced labor in the supply chain for solar panels in the Chinese region of Xinjiang, including a ban on imports from a silicon producer there. More

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    Top U.S. Officials Consulted With BlackRock as Markets Melted Down

    The world’s largest asset manager was central to the pandemic crisis response. Emails and calendar records underscore that critical role.As Federal Reserve Chair Jerome H. Powell and Treasury Secretary Steven Mnuchin scrambled to save faltering markets at the start of the pandemic last year, America’s top economic officials were in near-constant contact with a Wall Street executive whose firm stood to benefit financially from the rescue. More

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    Biden’s Economic Agenda Faces Familiar Hurdle With Fight Over Financing

    As Democrats pursue both bipartisan infrastructure negotiations and a catch-all economic package, old divisions persist on how to fund the spending.WASHINGTON — President Biden’s ambitions for a large-scale investment in the nation’s aging public works system along with other parts of his economic agenda hinge on what has always been the most difficult problem for lawmakers: agreeing on how to pay for the spending.That question has sent a group of centrist senators scrounging to find creative ways to cover nearly $600 billion in new spending that they want to include as part of a potential compromise plan to invest in roads, broadband internet, electric utilities and other federal infrastructure projects.The White House and Republicans have ruled out entire categories of potential ways to raise revenues. The impasse has become the subject of increasingly urgent talks between a large group of Senate Democrats, Republicans, White House officials and, at times, the president himself.Among the ideas that senators have discussed in recent days are repurposing unspent coronavirus relief funds, increasing enforcement by the I.R.S. and establishing user fees for drivers, including indexing the gas tax to inflation.Mr. Biden dispatched aides to Capitol Hill on Tuesday for discussions that his press secretary, Jen Psaki, said yielded progress but no agreement. Top White House officials are set to meet on Wednesday evening with Senator Chuck Schumer of New York, the majority leader, and Speaker Nancy Pelosi of California. Those discussions will center on infrastructure negotiations as well as a separate effort to move a large chunk of the president’s $4 trillion economic agenda through the Senate without any Republican votes using a procedural mechanism known as reconciliation.Among those expected to attend the meeting are Brian Deese, the director of the National Economic Council; Steve Ricchetti, a top adviser to Mr. Biden; Louisa Terrell, the director of the White House Office of Legislative Affairs; Shalanda Young, the acting director of the Office of Management and Budget, and Susan E. Rice, who leads the White House Domestic Policy Council, according to an official familiar with the plans.Democratic leaders in Congress are preparing to move a sweeping, multitrillion-dollar bill through the reconciliation process to avoid the need for Republican votes and approve spending on physical infrastructure, education, emissions reduction, child care, paid leave, antipoverty efforts and more. But centrist Democrats in the Senate — along with Mr. Biden — have said repeatedly that they want to strike a deal with Republicans on what would be a pared-down version of the president’s plan to rebuild roads, bridges and other infrastructure projects.The bipartisan group has not reached public agreement on how to finance the spending. Moderates in both parties insist that any deal be paid for with new revenues. Mr. Biden has offered $4 trillion in potential revenue sources, all concentrated on increasing the tax burden on businesses and high earners. Republicans have countered with hundreds of billions of their own, including increased taxes for drivers and repurposing previously borrowed money from the $1.9 trillion Covid relief bill that Mr. Biden signed into law this year.The senators who spearheaded the original framework spent much of Tuesday huddling with Mr. Deese, Mr. Ricchetti and Ms. Terrell to iron out the details of an outline to provide for $1.2 trillion over eight years, of which $579 billion is new funding, and how to finance it.“These things are always complicated and tough,” said Senator Rob Portman, Republican of Ohio, as he left the Capitol on Tuesday. “We’re getting there. We’re moving in the right direction.”Both sides did not appear to have enough common ground to formally announce how they would fund the plan. Shuttling across the Capitol for hourslong meetings scheduled around votes, the five Democrats and five Republicans declined to offer specifics beyond their prevailing optimism and plans to continue discussions.“Pay-fors,” Senator Bill Cassidy of Louisiana, one of the Republicans negotiating the agreement, said when asked what the remaining stumbling blocks were. “Anytime you’re coming up with $579 billion, you’ve got to figure out how to do it.”Mr. Biden has pledged to not raise taxes on the middle class, including at the gasoline pump. Senate Republicans refuse to increase tax rates for businesses and high earners. Both sides have dug in, to the surprise of some business leaders and other lobbyists in Washington.White House officials have shifted in recent weeks to pressing Republicans to support one of Mr. Biden’s proposals that would not amount to an increase in tax rates: a plan to spend tens of billions of dollars on increased enforcement by the I.R.S. The administration says such a plan would collect hundreds of billions of dollars from high earners and corporations that owe, but do not pay, their fair share of taxes. Republicans say they are concerned about the scope of the provision, but they have continued to discuss it in private meetings.“I would say we’ve put a lot of different options on pay-fors on the table,” Ms. Psaki told reporters on Tuesday. “And our view is: There’s a fundamental question right now. Are Republicans, members of Congress, do they believe that rich people should have to pay the taxes they owe, or should we increase the cost of travelers who are just trying to make it to work? That’s the basic question here. So we’ll see if they can make progress on that exact point.”Senator Kyrsten Sinema, Democrat of Arizona, is among the group of centrists that reached a tentative agreement on a framework for an infrastructure plan this month.Erin Schaff/The New York TimesLawmakers expressed optimism that a deal could be reached this week, but they acknowledged the division over raising revenues. “It’s always the hard part of an infrastructure package,” said Senator Shelley Moore Capito, Republican of West Virginia, who unsuccessfully tried to negotiate an even narrower package with Mr. Biden.“There’s a pretty good dividing line sometimes between Republicans and Democrats — certainly is on taxes,” she added. “But the president’s taken any kind of user fee off the table — which is traditionally where you pay for these things — so that just makes it extra hard.”Neil Bradley, the executive vice president and chief policy officer at the U.S. Chamber of Commerce, said on Tuesday that he expected any final deal to include some money from Mr. Biden’s plans to increase I.R.S. enforcement.He said he expected a final deal to have some pay-for surprises. “I suspect they’re going to have some creative ones that we don’t know about yet,” Mr. Bradley said.The debate over how to finance Mr. Biden’s economic agenda will also extend to any package that lawmakers seek to push through using reconciliation, which could be as much as $6 trillion. Senator Bernie Sanders, the Vermont independent who chairs the Senate Budget Committee, has asked Democrats on the panel to outline their priorities for the package as he aims to pass a budget blueprint to start the process by July.“I think the priorities that the president has established, that we have established, are solid,” Mr. Sanders said in an interview as he described his strategy. “But, you know, we’re going to have to make sure that we end up with numbers that 50 members can agree on.”He added that his intention was to pay for new initiatives — like child care subsidies and health care expansion — through “progressive taxation,” including raising taxes on the wealthy and corporations. But he did not extend that to one-off spending like road or bridge repairs or improving water systems, saying, “it is not necessary to pay for, in my view, one-time capital improvements in the infrastructure.”In an early indication of what Mr. Sanders called an effort to “soothe the edges,” he said he was open to relaxing a $10,000 cap on how much taxpayers can deduct in state and local taxes.Several Democrats, particularly lawmakers representing New York and California, have warned that they might not support any changes to the tax code that do not address that provision. A draft budget document circulated by staff on Capitol Hill and obtained by The New York Times appeared to include funds for a partial repeal of the state and local tax deduction, which could mean eliminating the cap for all but the highest earners, or raising the level of the cap. There were few details about how those funds would be distributed, and lawmakers and aides cautioned that the plan was in flux.“I have a problem with extremely wealthy people being able to get the complete deduction,” Mr. Sanders said. “I think that’s an issue we’ll have to work on.”Cecilia Kang More

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    Ambassador Tai Outlined Biden’s Goal of Worker-Focused Trade Policy

    The U.S. trade representative called for stronger worker protections in trade policy as the administration looks to curb the negative impact of globalization.Katherine Tai, the United States trade representative, emphasized in a speech on Thursday that America is focused on protecting workers through trade policy and that it would try to push trading partners to lift wages, allow collective bargaining and end forced labor practices.The speech, Ms. Tai’s first significant policy address, highlighted the Biden administration’s goal of re-empowering workers and minimizing the negative effects of globalization, which has encouraged companies to move jobs and factories offshore in search of cheaper labor and materials.Less clear is how the administration will, in practice, accomplish those goals.“For a very long time, our trade policies have been shaped by folks who are used to looking at the macro picture — big economic sectors,” Ms. Tai said in an interview ahead of the speech, which she delivered at an A.F.L.-C.I.O. town hall. “We’ve lost sight of the impact of these policies, the really real and direct impact they can have on regular people’s lives, and on our workers’ livelihoods.”Ms. Tai, who spoke from prepared remarks, portrayed the administration’s push as trying to correct for decades of trade policy that put company profits ahead of workers and helped erode worker power in the United States.“A worker-centered trade policy means addressing the damage that U.S. workers and industries have sustained from competing with trading partners that do not allow workers to exercise their internationally recognized labor rights,” she said. “This includes standing up against worker abuse and promoting and supporting those rights that move us toward dignified work and shared prosperity: the right to organize and to collectively bargain.”Ms. Tai emphasized that the United States is already enforcing worker protections in the new North American trade agreement and trying to curb forced labor in the fishing industry at the World Trade Organization.On Wednesday, the Biden administration made its second request in a month for Mexico to review whether workers at two separate auto facilities were being denied the collective bargaining rights that were agreed to under the terms of the United States-Mexico-Canada Agreement.“These enforcement actions matter,” Ms. Tai said in her speech, noting the aim is to “protect the rights of workers, particularly those in low-wage industries who are vulnerable to exploitation.”Last month, the administration submitted a proposal to the World Trade Organization aimed at curbing “harmful subsidies to fishing activities that may be associated with the use of forced labor, such as illegal, unreported, and unregulated fishing.”Still, it remains to be seen how — or whether — the United States will effectively push for stronger labor standards outside of North America. Ms. Tai’s speech did not say directly how the administration would try and encourage some of its biggest trading partners, like China, to adjust trade practices.Asked what the plans are for other continents, Ms. Tai said, “In every direction that we have opportunities to formulate trade policies, we see opportunities to bring this worker-centered spirit to our work.”When it comes to China, she suggested that the goal was to work with other countries that have economic structures similar to the United States’, pairing with allies to “put ourselves on stronger competitive footing, to compete for the industries of the future.” More

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    Senate Passes Bill to Bolster Competitiveness With China

    The wide margin of support reflected a sense of urgency among lawmakers in both parties about shoring up the technological and industrial capacity of the United States to counter Beijing.WASHINGTON — The Senate overwhelmingly passed legislation on Tuesday that would pour nearly a quarter-trillion dollars over the next five years into scientific research and development to bolster competitiveness against China. More