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The Supreme Court hints it will keep Donald Trump on the ballot

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WHEN THE SUPREME COURT decided Bush v Gore a generation ago, five justices in effect handed George W. Bush the presidency over Al Gore. The implications of Trump v Anderson, which the court heard on February 8th, could be similarly momentous. But this time the justices are wary of making a splash in a presidential election and of splitting their votes along ideological lines. By the end of the oral argument, a consensus seemed to have emerged: despite his role in the events of January 6th 2021, Colorado will very probably not be allowed to remove Mr Trump from its ballot, nor will the other 49 states in this year’s election.

The historic hearing marked the first time the Supreme Court had considered the meaning and reach of Section 3 of the 14th Amendment, a provision that bars officials from holding future public office if, after taking an oath supporting the constitution, they engage in “insurrection or rebellion”. When rioters stormed the Capitol trying to overturn the 2020 election, scholars pointed to this relic of the Reconstruction era—a tool originally designed to keep former Confederate leaders away from the levers of power. Voters and advocacy groups in at least 35 states emerged to contend that Donald Trump is a modern-day insurrectionist who should be disqualified from a second presidential term.

Legal efforts stalled in most states, but on December 19th the Colorado Supreme Court cited Section 3 in ruling Mr Trump ineligible to appear on the ballot for the state’s Republican primary on March 5th. Defending that decision at the federal Supreme Court, Jason Murray (representing a group of voters including Norma Anderson, a 91-year-old Republican) called January 6th a “violent assault” that was “incited by a sitting president of the United States”.

This was one of few moments in two hours of wrangling that recalled the mayhem that transpired across the street from the Supreme Court three years ago. The hearing was dominated by bloodless parsing of legal technicalities and worries about what would happen if the Colorado court’s ruling stood.

In his opening pitch, Jonathan Mitchell, Mr Trump’s lawyer, did not say a word about January 6th. He did not deny that the riot was an “insurrection” (though he did, half-heartedly, later on). At no point did he offer a defence of his client’s behaviour. Instead, he said Section 3 does not apply to Mr Trump because a “president is not ‘an officer of the United States’ as that term is used throughout the constitution”. (An officer, he later explained, is a “term of art” applying “only to those who are appointed, not to those who are elected”.) Mr Mitchell also cast doubt on a state’s power to remove a presidential candidate from the ballot based on Section 3. The second sentence of that provision permits Congress to lift the ban by a two-thirds vote. So by prematurely removing a candidate from the ballot, a state is “accelerating the deadline to meet a constitutionally imposed qualification” and disenfranchising “potentially tens of millions of Americans”.

Justices from right to left voiced scepticism about entrusting states with the power to disqualify presidential aspirants. Justice Brett Kavanaugh made much of Griffin’s case, an 1869 circuit-court ruling that said Section 3 could not be applied unless Congress passed a law permitting the removal of insurrectionists. Justices Samuel Alito and Clarence Thomas noted that states have used Section 3 to disqualify candidates only for state, not federal, offices. The chief justice, John Roberts, looked to the purpose of the 14th Amendment: isn’t its “whole point”, he asked Mr Murray, ”to restrict state power”? Empowering states to disqualify candidates at will seems to be “at war” with that aim. If states cynically nix candidates from their ballots, elections could end up turning on just a “handful of states”. That, he warned, would be “a pretty daunting consequence”.

It was not only the six-justice conservative majority who were uncomfortable with Colorado’s erasing Mr Trump from the ballot. Justice Ketanji Brown Jackson eyed the list of offices Section 3 prohibits oath-breakers from holding and noticed that “president” and “vice-president” are not among them. Justice Elena Kagan amplified Chief Justice Roberts’s worries about the disarray that would follow from 50 states each having a say on who qualifies for the ballot. “Why should a single state”, she asked Mr Murray (who clerked for her a decade ago), “have the ability to make this determination not only for their own citizens but for the rest of the nation?”

Justice Sonia Sotomayor looks to be the only possible dissenting voice on a bench unwilling to approve a new regime of states making independent judgments about candidates’ fitness under Section 3. With primary season under way, the court is probably keen to allay confusion. The answer could come uncharacteristically swiftly for a court that normally takes months to rule: the justices are next scheduled to appear in the courtroom on February 16th.

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Economics

UK inflation, November 2024

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The columns of Royal Exchange are dressed for Christmas, at Bank in the City of London, the capital’s financial district, on 20th November 2024, in London, England.

Richard Baker | In Pictures | Getty Images

LONDON — U.K. inflation rose to 2.6% in November, the Office for National Statistics said Wednesday, marking the second straight monthly increase in the headline figure.

The reading was in line with the forecast of economists polled by Reuters, and climbed from 2.3% in October.

Core inflation, excluding energy, food, alcohol and tobacco, came in at 3.5%, just under a Reuters forecast of 3.6%.

Headline price rises hit a three-and-a-half year low of 1.7% in September, but was expected to tick higher in the following months, partly due to an increase in the regulator-set energy price cap this winter.

“This upwards trajectory looks set to continue over the next few months,” Joe Nellis, economic adviser at accountancy MHA, said in emailed comments on Wednesday, citing the energy market and “the long-term pressure of a tight domestic labor market.”

Persistent inflation in the services sector, the dominant part of the U.K. economy, has led money markets to price in almost no chance of an interest rate cut during the Bank of England’s final meeting of the year on Thursday. Those bets were solidified earlier this week when the ONS reported that regular wage growth strengthened to 5.2% over the August-October period, up from 4.9% over July-September.

The November data showed services inflation was unchanged at 5%.

If the BOE leaves monetary policy unchanged in December, it will finish out the year with just two cuts of its key rate, bringing it from 5.25% to 4.75%. The European Central Bank has meanwhile enacted four quarter-percentage-point cuts and this month signaled a firm intention to move lower next year.

The U.S. Federal Reserve is widely expected to trim rates by a quarter point at its own meeting on Wednesday, taking total cuts of the year to a full percentage point. Some skepticism lingers over whether it should take this step, given inflationary pressures.

This is a breaking news story and will be updated shortly.

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The Fed has a big interest rate decision coming Wednesday. Here’s what to expect

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Federal Reserve Chair Jerome Powell speaks during a news conference following the November 6-7, 2024, Federal Open Market Committee meeting at William McChesney Martin Jr. Federal Reserve Board Building, in Washington, DC, November 7, 2024. 

Andrew Caballero-Reynolds | AFP | Getty Images

Inflation is stubbornly above target, the economy is growing at about a 3% pace and the labor market is holding strong. Put it all together and it sounds like a perfect recipe for the Federal Reserve to raise interest rates or at least to stay put.

That’s not what is likely to happen, however, when the Federal Open Market Committee, the central bank’s rate-setting entity, announces its policy decision Wednesday.

Instead, futures market traders are pricing in a near-certainty that the FOMC actually will lower its benchmark overnight borrowing rate by a quarter percentage point, or 25 basis points. That would take it down to a target range of 4.25%-4.5%.

Even with the high level of market anticipation, it could be a decision that comes under an unusual level of scrutiny. A CNBC survey found that while 93% of respondents said they expect a cut, only 63% said it is the right thing to do.

“I’d be inclined to say ‘no cut,'” former Kansas City Fed President Esther George said Tuesday during a CNBC “Squawk Box” interview. “Let’s wait and see how the data comes in. Twenty-five basis points usually doesn’t make or break where we are, but I do think it is a time to signal to markets and to the public that they have not taken their eye off the ball of inflation.”

Former Kansas City Fed Pres. Esther George: I would not cut rates this week

Inflation indeed remains a nettlesome problem for policymakers.

While the annual rate has come down substantially from its 40-year peak in mid-2022, it has been mired around the 2.5%-3% range for much of 2024. The Fed targets inflation at 2%.

The Commerce Department is expected to report Friday that the personal consumption expenditures price index, the Fed’s preferred inflation gauge, ticked higher in November to 2.5%, or 2.9% on the core reading that excludes food and energy.

Justifying a rate cut in that environment will require some deft communication from Chair Jerome Powell and the committee. Former Boston Fed President Eric Rosengren also recently told CNBC that he would not cut at this meeting.

“They’re very clear about what their target is, and as we’re watching inflation data come in, we’re seeing that it’s not continuing to decelerate in the same manner that it had earlier,” George said. “So that, I think, is a reason to be cautious and to really think about how much of this easing of policy is required to keep the economy on track.”

Fed officials who have spoken in favor of cutting say that policy doesn’t need to be as restrictive in the current environment and they don’t want to risk damaging the labor market.

Chance of a ‘hawkish cut’

If the Fed follows through on the cut, it will mark a full percentage point lopped off the federal funds rate since September.

While that’s a considerable amount of easing in a short period of time, Fed officials have tools at their disposal to let the markets know that future cuts won’t come so easily.

One of those tools is the dot-plot matrix of individual members’ expectations for rates over the next few years. That will be updated Wednesday along with the rest of the Summary of Economic Projections that will include informal outlooks for inflation, unemployment and gross domestic product.

Another is the use of guidance in the post-meeting statement to indicate where the committee sees policy headed. Finally, Powell can use his news conference to provide further clues.

It’s the Powell parley with the media that markets will be watching most closely, followed by the dot plot. Powell recently said the Fed “can afford to be a little more cautious” about how quickly it eases amid what he characterized as a “strong” economy.

“We’ll see them leaning into the direction of travel, to begin the process of moving up their inflation forecast,” said Vincent Reinhardt, BNY Mellon chief economist and former director of the Division of Monetary Affairs at the Fed, where he served 24 years. “The dots [will] drift up a little bit, and [there will be] a big preoccupation at the press conference with the idea of skipping meetings. So it’ll turn out to be a hawkish cut in that regard.”

What about Trump?

Powell is almost certain to be asked about how policy might position in regard to fiscal policy under President-elect Donald Trump.

Thus far, the chair and his colleagues have brushed aside questions about the impact Trump’s initiatives could have on monetary policy, citing uncertainty over what is just talk now and what will become reality later. Some economists think the incoming president’s plans for aggressive tariffs, tax cuts and mass deportations could aggravate inflation even more.

“Obviously the Fed’s in a bind,” Reinhart said. “We used to call it the trapeze artist problem. If you’re a trapeze artist, you don’t leave your platform to swing out until you’re sure your partner is swung out. For the central bank, they can’t really change their forecast in response to what they believe will happen in the political economy until they’re pretty sure there’ll be those changes in the political economy.”

“A big preoccupation at the press conference is going to the idea of skipping meetings,” he added. “So it’ll turn out to be, I think, a hawkish easing in that regard. As [Trump’s] policies are actually put in place, then they may move the forecast by more.”

Other actions on tap

Most Wall Street forecasters see Fed officials raising their expectations for inflation and reducing the expectations for rate cuts in 2025.

When the dot plot was last updated in September, officials indicated the equivalent of four quarter-point cuts next year. Markets already have lowered their own expectations for easing, with an expected path of two cuts in 2025 following the move this week, according to the CME Group’s FedWatch measure.

The outlook also is for the Fed to skip the January meeting. Wall Street is expecting little to no change in the post-meeting statement.

Officials also are likely to raise their estimate for the “neutral” rate of interest that neither boosts nor restricts growth. That level had been around 2.5% for years — a 2% inflation rate plus 0.5% at the “natural” level of interest — but has crept up in recent months and could cross 3% at this week’s update.

Finally, the committee may adjust the interest it pays on its overnight repo operations by 0.05 percentage point in response to the fed funds rate drifting to near the bottom of its target range. The “ON RPP” rate acts as a floor for the funds rate and is currently at 4.55% while the effective funds rate is 4.58%. Minutes from the November FOMC meeting indicated officials were considering a “technical adjustment” to the rate.

Expect a 'hawkish cut' from the Fed this week, says BofA's Mark Cabana

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Iran faces dual crisis amid currency drop and loss of major regional ally

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A briefcase filled with Iranian rial banknotes sits on display at a currency exchange market on Ferdowsi street in Tehran, Iran, on Saturday, Jan. 6, 2018.

Ali Mohammadi | Bloomberg | Getty Images

Iran is confronting its worst set of crises in years, facing a spiraling economy along with a series of unprecedented geopolitical and military blows to its power in the Middle East.

Over the weekend, Iran’s currency, the rial, hit a record low of 756,000 to the dollar, according to Reuters. Since September, the embattled currency has suffered the ripple effects of devastating hits to Iran’s proxies, including Lebanon’s Hezbollah and Palestinian militant group Hamas, as well as the November election of Donald Trump to the U.S. presidency.

With the fall of Syrian President Bashar al-Assad amid a shock offensive by rebel groups, Tehran lost its most important ally in the Middle East. Assad, who is accused of war crimes against his own people, fled to Russia and left a highly fractured country behind him.

“The fall of Assad has existential implications for the Islamic Republic,” Behnam ben Taleblu, a senior fellow at the Foundation for Defense of Democracies in Washington, told CNBC. “Lest we forget, the regime ahs spent well over a decade in treasure, blood, and reputation to save a regime which ultimately folded in less than two weeks.”

The currency’s fall exposes the extent of the hardship faced by ordinary Iranians, who struggle to afford everyday goods and suffer high inflation and unemployment after years of heavy Western sanctions compounded by domestic corruption and economic mismanagement.

Trump has pledged to take a hard line on Iran and will be re-entering the White House roughly six years after unilaterally pulling the U.S. out of the Iranian nuclear deal and re-imposing sweeping sanctions on the country.

Iranian President Masoud Pezeshkian has expressed his government’s willingness to negotiate and revive the deal, officially known as the Joint Comprehensive Plan of Action, which lifted some sanctions on Iran in exchange for curbs to its nuclear program. But the attempted outreach comes at a time when the International Atomic Energy Agency says Tehran is enriching uranium at record levels, reaching 60% purity — a short technical step from the weapons-grade purity level of 90%.

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