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PHOENIX − Regardless of what Suns team owner Mat Ishbia says, the NBA has to suspend Nikola Jokic after the scrum in Game 4 of the Suns-Nuggets second-round playoff series.

“Great win for the Suns last night in an amazing series so far! That should be and is the only story,” Ishbia said on Twitter. “Suspending or fining anyone over last night’s incident would not be right. I have a lot of respect for Jokic and don’t want to see anything like that.”

He makes a good point, but the NBA can’t appear to condone what happened during Game 4.  

For the record, I take no joy in writing this opinion. I don’t want to see Jokic suspended. He’s playing some of the most amazing basketball I’ve ever seen.

Jokic had a triple-double with 30 points, 17 rebounds and 17 assists in Game 3?! And he followed that up with a 53-point game with 11 assists in Game 4?!

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If the Suns can beat a team with a guy playing like that, it’s more special for everyone involved. If they lose to a guy playing like that, there’s no shame in it.  

But Jokic gave Ishbia something of a forearm shiver as they were jostling for a ball on the sidelines.

Jokic wasn’t acting like a peacekeeper, and the league is going to have to send a message.

It was a big game, and emotions were high on all sides. Frankly, as sports fights go, this wasn’t much more than having some fun with the boys.

But these things can escalate quickly, and the league can’t have that. Brawls reinforce stereotypes and turn off casual fans.

Also, there is precedent for the NBA to take bold action when these sorts of things come up.

In the 2019 NBA Finals, a fan grabbed Raptors guard Kyle Lowry. That fan, Mark Stevens, a Warriors executive, was suspended for a year and fined $500,000.

We all remember the suspensions handed down after the “Malice in the Palace” brawl between Indiana Pacers players and Detroit Pistons fans.

And the Suns lost a shot at a title after players were suspended for leaving the bench during an intense moment with the San Antonio Spurs in 2007.

Regardless of whether you agreed with any or all of those suspensions, they set the standard.

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Again, this was a relatively minor thing. It looked like Jokic went to get the ball after it went into the crowd, and Suns fans didn’t give it to him as fast as he would have liked. And, it looked like Jokic got annoyed and used his forearm to create a little space between himself and the guy in the green jacket who was sitting next to Hall of Famer Isiah Thomas.

Of course, that guy in the green jacket was Ishbia, who’s getting a crash course in fame. He’s been rich for a while, but now that he’s the guy who signs the checks for Devin Booker and Kevin Durant, he can expect a new level of scrutiny on any and everything he does.

For better or worse, he’s not a normal fan anymore. (It’s a lesson his predecessor had to learn, too.)

Ishbia played college basketball for the famously rough-and-tumble Tom Izzo at Michigan State. Ishbia also was a fan of the Bad Boy Pistons. He doesn’t have a problem when things get a little physical.

The league executive who will have final say on the decision, Joe Dumars, probably has a similar mindset. Dumars, of course, is the Hall of Fame running mate of Isiah Thomas. Together, Thomas and Dumars took down Larry Bird, Magic Johnson and Michael Jordan on their way to NBA championships.

But we all have to set all of that aside.

The NBA has to appeal to everyday fans, and they can’t have players out there scaring people.

Frankly, the league missed an opportunity to send that message during the first round when Russell Westbrook acted like a loudmouth bully, threatening a Suns fan who talked trash to him after a game.

This goes both ways.

Fans have to conduct themselves with an uncommon level of decorum during interactions with athletes who are in the heat of competition.

But players have to know where the lines are.

For me, that line is the sidelines.

If a fan comes on to the court and wants to become part of the action, then they deserve whatever they get.

But once a player crosses the sideline, it’s that player’s responsibility to keep his composure.

To repeat, I don’t want to see Jokic suspended. But it has to be done.

The NBA has a league to protect and grow. And precedent has been set several times.

The league can’t appear to condone what happened during Game 4.

Reach Moore at gmoore@azcentral.com or 602-444-2236. Follow him on Instagram and Twitter @SayingMoore.

This post appeared first on USA TODAY

Orlando Magic Rookie of the Year Paolo Banchero is the headliner on the NBA’s 2022-23 All-Rookie team.

Banchero is joined by Oklahoma City’s Jalen Williams, Utah’s Walker Kessler, Sacramento’s Keegan Murray and Indiana’s Benedict Mathurin on the first team.

On the second team: Detroit’s Jaden Ivey and Jalen Duren, Houston’s Jabari Smith Jr. and Tari Eason and San Antonio’s Jeremy Sochan.

Banchero received 100 out of 100 first-place votes, Williams received 99, Kessler 95, Murray 88 and Mathurin 71. It was a clear-cut first team with Mathurin receiving 38 more points than Ivey, who had the most points for anyone on the second team.

The No. 1 pick in the 2022 draft, Banchero averaged 20 points, 6.9 rebounds and 3.7 assists and became just the sixth NBA rookie in the past 50 seasons to average at least 20 points, six rebounds and three assists in a minimum of 50 games.

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Williams started in 65 of the 72 games he played, averaging 14.1 points (52.1% shooting), 4.5 rebounds, 3.3 assists and 1.37 steals.

NBA Rookie of the Year: Orlando Magic’s Paolo Banchero

In his first NBA game on Oct. 19, Orlando Magic rookie Paolo Banchero, the No. 1 pick in the 2022 draft, had 29 points, nine rebounds and five assists.

He was just the 10th rookie in league history to have at least 25 points, five rebounds and five assists in an NBA debut.

Entering the league as the most NBA-ready of the rookie class, Banchero scored at least 25 points in his first five games and back-to-back 30-point games in his 10th and 11th games of the season.

On Tuesday, Banchero was named NBA Rookie of the Year, earning 98 out of 100 first-place votes.

‘I remember when I first got drafted, my agent Mike Miller… looked at me and he asked me if I was going to be rookie of the year, and I confidently said ‘yes’. It was just a goal I’ve always had and something I’ve had my eye on from the second I got drafted. I’m glad I was able to do it,’ Banchero said after winning the award.

Banchero, 20, averaged 20 points (No. 1 among rookies), 6.9 rebounds (fifth among rookies) and 3.7 assists and shot 42.7% from the field in 70 games. The 6-10 forward is part of promising and developing team remained in the postseason race until the final 10 days of the season.

‘I remember when I first got drafted, my agent Mike Miller… looked at me and he asked me if I was going to be rookie of the year, and I confidently said ‘yes’. It was just a goal I’ve always had and something I’ve had my eye on from the second I got drafted. I’m glad I was able to do it,’ Banchero said after winning the award.

Utah’s Walker Kessler and Oklahoma City’s Jalen Williams were the other two finalists for the award.

“The kid has done a great job of impacting winning, three times winning Rookie of the Month, being able to create a different style of play throughout the entire year,” Magic coach Jamahl Mosley said late in the season. “From going where he was handling the ball the majority of the year to when our guards came back, he adjusted to that. Being able to keep everybody involved.

“Going through, what they say is a slow portion of the year and then bouncing right back — I think that level of resilience and toughness (stands out). Then, talking about him putting up historic numbers for what he’s done. The biggest thing for us is his ability to impact winning for where we are: plus (11 victories) from last year.”

Banchero isn’t a finished product, but his NBA career is off to a great start.

NBA MVP: Joel Embiid, Philadelphia 76ers

Philadelphia 76ers star Joel Embiid finished second in MVP voting in 2020-21 and 2021-22.

Sixers coach Doc Rivers and Sixers president of basketball operations Daryl Morey have said he’s the MVP. Even Embiid campaigned after becoming frustrated that he hadn’t won.

Embiid and the Sixers no longer have reason for frustration.

‘I don’t even know where to start,’ Embiid said on TNT’s ‘Inside the NBA’ following the announcement. ‘It’s been a long time coming, a lot of hard work. I’ve been through a lot.

‘I’m not just talking about basketball. I’m talking about everything as of life. You know my story. You know where I come from, how I got here, and what it took for me to be here. So it feels good. I don’t know what to say. It’s amazing.’

Jokic and Milwaukee’s Giannis Antetokounmpo, the other two finalists, finished second and third, respectively.

Embiid received 73 first-place votes; Jokic 15; and Antetokounmpo 12.

Most Improved Player: Lauri Markkanen, Utah Jazz

Tasked with more responsibility, especially offensively, Lauri Markkanen showed marked improvement in his first season with the Utah Jazz.

Coming to Utah from Chicago, Markkanen averaged a career-high 25.6 points (seven points better than his previous best), shot a career-high 49.9% from the field and lifted his 3-point percentage to 39.1% from 35.8% last season and increased his rebounds per game to 8.6 from 5.7 last season.

The league’s first Finnish All-Star, he also had career-highs in field goals made (8.7) and field goals attempted (17.3) per game.

For his season, Markkanen, 25, was named the NBA’s 2022-23 Most Improved Player. He accepted the award from Helsinki, where he is fulfilling his mandatory Finnish military service. Markkanen received 69 of the 100 first place votes. The Thunder’s Shai Gilgeous-Alexander and Knicks’ Jalen Brunson were the other finalists. 

‘I know I’ve got a ways to go to be the best player I can be,” Markkanen told USA TODAY Sports earlier this season. “But I’m excited about the journey, and I’m in the right spot to work on my game. It’s a great organization to be a part of, and there’s guys that help me with it, so I couldn’t be more happy.’   

Defensive Player of the Year: Jaren Jackson Jr., Memphis Grizzlies

Jaren Jackson was a shot-blocking, shot-altering, rim-protecting force for the Grizzlies this season, and on April 17, the 23-year-old All-Star was named NBA Defensive Player of the Year for the first time in his five-year career.

Jackson led the league in blocks per game (3.0) for the second consecutive season and was No. 2 in total blocks (189) behind Milwaukee’s Brook Lopez, who also was a finalist for the award with Cleveland’s Evan Mobley. Had Jackson played more than 63 games, he would’ve easily passed Lopez in total blocks. (And note, starting next season, under rules in the new collective bargaining agreement, Jackson would not have been eligible for the award because he didn’t play in a minimum of 65 games.)

Clutch Player of the Year: De’Aaron Fox, Sacramento Kings

Pick your favorite clutch shot from Sacramento Kings guard De’Aaron Fox.

Was it:

► The just-across-mid-court 3-pointer at the buzzer to give the Kings a 126-123 victory against Orlando?

► The 3-pointer with .7 seconds remaining for a 117-114 win over Chicago?

► Or the driving layup with .4 seconds left to give the Kings a 117-115 victory against Utah?

Maybe it was another clutch performance he had this season.

For all of his big-time made shots with the game on the line, Fox on April 18 won the NBA’s first Clutch Player of the Year Award. He captured 91 of 100 possible first-place votes. 

Coach of the Year: Mike Brown, Sacramento Kings

Mike Brown can add another coaching award to his trophy case.

The Sacramento Kings head coach was named NBA Coach of the Year, the league announced Wednesday. Brown, who received all 100 votes to become the first unanimous winner of the award, led the Kings to their first playoff berth since 2006, ending the longest playoff drought in NBA history.

It’s the second time Brown has won the award. He previously received the honor in 2009 as the Cleveland Cavaliers head coach.

Sixth Man of the Year: Malcolm Brogdon, Boston Celtics

“My game is suited for being versatile, doing what the team needs, being skilled in multiple areas of the game so I can have an impact no matter how you play me,” Malcolm Brogdon said earlier this season.

Brogdon appeared in 67 games this season, all on the bench, averaging 14.9 points, 4.2 rebounds and 3.7 assists and shot 48.4% from the field and 44.4% on 3-pointers.

For his work, he was named the NBA’s 2022-23 Sixth Man of the Year on April 20. Brogdon earned 60 of 100 first-place votes, with the Knicks’ Immanuel Quickley and Bucks’ Bobby Portis as the other finalists.

This post appeared first on USA TODAY

Democrats are calling out the Biden administration’s handling of the souther border, as lawmakers brace for the crisis to go from bad to worse with the coming end of the Trump-era Title 42 policy. 

The May 11 expiration of Title 42, the COVID-era policy that allows the speedy expulsion of illegal immigrants from the U.S., is raising concern from representatives on both sides of the aisle, as several states already face thousands of migrant encounters daily.

Several Democratic lawmakers in border state Arizona accused the Biden administration of unpreparedness, as their state gears up for the influx of migrants seeking asylum in America.

‘The Biden administration had two years to prepare for the end of Title 42 and did not do so, and our state is going to bear the brunt,’ Sen. Kyrsten Sinema, I-Ariz., said during an interview with CBS on Sunday.

Sen. Mark Kelly, R-Ariz., told 12News in April that he does ‘not have a high level of confidence’ in the Biden administration’s current plan for after Title 42.

‘On May 11, we expect higher levels of migrants, and I made it clear to them [Biden administration] that it is unacceptable to be releasing people into the streets and communities across Arizona,’ the Democrat shared ahead of pandemic-era policy’s end.

‘The numbers need to match the resources, if they don’t, Border Patrol could find themselves in a position where they are just being overwhelmed by the numbers,’ the senator said.

Rep. Ruben Gallego, D-Ariz., who launched a 2024 campaign for Sinema’s Senate seat, also warned in a letter to the administration that communities ‘are simply unequipped to handle the surge of migrants.’

Rep. Henry Cuellar, D-Texas, also joined ‘Fox News Sunday’ to discuss the crisis facing his state.

‘You’ve gotta have repercussions. If you don’t have repercussions at the border, people will see the border as a speed bump,’ Cuellar told Fox News’ Shannon Bream on Sunday. ‘The administration needs to go to the center – and I’ve asked them to go to the center. And I think some of the policies that they’re about to implement brings them to the center. In my opinion, a little bit too late.’

Rep. Sharice Davids, D-Kan., issued a letter to Department of Homeland Security Secretary Alejandro Mayorkas calling for a bipartisan plan to combat the multitude of migrants expected to be encountered at the southern border in the coming days.

‘As the president has decided to lift the [Title 42] order this week, we now face a doubling of illegal crossings at our southern border by some estimates, exacerbating the current humanitarian and refugee crisis,’ the congresswoman wrote. ‘While you have presented a list of ways you plan to address the surge of migration, some of which I agree with, we still have not reached a comprehensive, long-term plan with bipartisan support.’

Customs and Border Protection (CBP) sources reported about 8,000 migrant encounters a day border-wide in the first days of May, but the Department of Homeland Security is anticipating up to 14,000 migrant encounters daily after the expiration of Tite 42.

Fox News’ Elizabeth Elkind contributed to this report.

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The nonpartisan Congressional Budget Office (CBO) revealed the federal government under President Biden has run a near-$1 trillion federal deficit in the ‘first seven months of fiscal year 2023.’

CBO’s report dropped on Monday, giving lawmakers insight into the current state of the federal deficit.

The nonpartisan agency found that in the first seven months of FY2023 alone, the federal government has racked up $928,000,000,000.

‘The federal budget deficit was $928 billion in the first seven months of fiscal year 2023, the Congressional Budget Office estimates—$568 billion more than the shortfall recorded during the same period last year,’ CBO wrote on Monday.

‘Revenues were 10 percent lower and outlays were 8 percent higher from October through April than they were during the same period in fiscal year 2022,’ the agency continued.

CBO wrote that shifts ‘in the timing of certain payments affect that comparison.’

‘Outlays this fiscal year were reduced by the shifting of certain payments—totaling $63 billion—from October 1, 2022 (the first day of fiscal year 2023), into fiscal year 2022 because October 1 fell on a weekend,’ the agency wrote.

‘Also, outlays in the first seven months of fiscal year 2022 were $65 billion higher than they otherwise would have been because several federal payments that were due on May 1, 2022, a Sunday, were paid in April 2022. If not for those timing shifts, the deficit in the first seven months of fiscal year 2023 would have been $991 billion, compared with a $295 billion shortfall during the same period in 2022—an increase of $696 billion.’

The high spending numbers come as Biden enters into his 2024 re-election campaign.

The economy will likely be a major factor in 2024 as Biden will likely have to face questions on high inflation and other economic issues facing his presidency. A new ABC News/Washington Post survey found that 54% of American adults believe Trump did a ‘better job’ handling the economy during his administration, compared to 36% who said Biden is handling the economy better.

Last month, Biden received a ‘bottomless Pinocchios’ rating from the Washington Post for repeatedly touting ‘misleading’ claims on the deficit.

Earlier this week, Biden told a group union workers that in his first two years in office, he ‘lowered the deficit by a record $1.7 trillion,’ a claim Kessler gave ‘three Pinocchios’ in September.

‘Yet he keeps saying it over and over,’ Kessler wrote Friday. ‘By our count, at least 30 times since June he’s taken credit for reducing the budget deficit by $1.7 trillion.’

Fox News Digital’s Joseph A. Wulfsohn and Jessica Chasmar contributed reporting.

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New results from a U.S. Census Bureau simulation suggests a significant number of noncitizens were missed in the 2020 census, a national head count during which the Trump administration tried but failed to prevent people in the country illegally from being tallied.

A simulated head count by the statistical agency utilized 31 types of administrative records from government agencies and third-party sources to produce estimates of the U.S. population on April 1, 2020 that could be compared to the survey-like responses used in the last official tally of every U.S. resident. The simulation was an experiment which doesn’t change the results of the once-a-decade count of every U.S. resident that helps determine political power and the distribution of $1.5 trillion in federal funding in the U.S.

Almost a fifth of noncitizens found in the administrative records had addresses that couldn’t be matched in the 2020 census, suggesting that ‘a significant fraction of noncitizens’ were missed, according to the U.S. Census Bureau report released Friday. By comparison, that same figure was 5.4% for citizens.

Using administrative records from government agencies that have records on immigration, welfare programs, motor vehicle registrations and other data, the test tallied 2.3% more people than in the actual census in 2020 that produced a head count of 331 million U.S. residents, primarily because the simulation captured more noncitizens residing in the U.S., the report said.

The simulation was a test to see how good a job administrative records perform in counting historically undercounted groups like racial and ethnic minorities, renters and young children. Its results actually bumped up the numbers for Hispanic and Black residents, two groups who were undercounted in the 2020 census, respectively, by 8.3 million people and 2.8 million people, the report said.

The administrative records census produced estimates of 11.6 million people in the U.S. with an unknown legal status.

Opponents have said Trump administration policies in 2019 and 2020 created a chilling effect which likely deterred immigrants, Hispanics and others from participating in the 2020 census.

In 2019, the Trump administration attempted to add a citizenship question to the 2020 census questionnaire, but the U.S. Supreme Court blocked it. In the middle of the 2020 census, President Donald Trump directed the Census Bureau to exclude people in the country illegally from numbers used for divvying up congressional seats among the states. An influential GOP adviser had advocated excluding them from the apportionment process in order to favor Republicans and non-Hispanic Whites. Trump’s memo was rescinded when President Joe Biden arrived at the White House in January 2021, before the census figures were released.

Using administrative records produced lower population estimates in rural areas, mainly because of the more common use of post office boxes and rural route addresses rather than physical addresses, according to the simulation results. Counts from administrative records also were lower than the 2020 census figures for people between ages 65 and 74, Asians and people who identified as being two or more races. Among the reasons is that these populations were more likely to be double counted in the 2020 census.

Along with noncitizens, Blacks and Hispanics, the administrative records produced higher counts for males, working-age adults, children under age 15 and non-Hispanic Whites.

At the state level, Minnesota and several other Midwestern states had the highest match rates between a person identified in an administrative record and a 2020 census record, while Hawaii had the lowest. Minnesota also had the highest rate of residents who answered the census questionnaire on their own without needing prompting from a census taker visiting their home.

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Republican North Dakota Gov. Doug Burgum has signed into law a bill protecting schoolteachers and state employees who choose to ignore transgender pronouns used by students and colleagues.The law also requires teachers to inform legal guardians of students’ transgender identification, and requires bathrooms be used according to biological sex absent parental approval.The law ‘largely codifies existing practices while reaffirming the First Amendment right to free speech,’ Burgum said, commending it for ‘balancing the rights and interests of students, parents and teachers.’

North Dakota’s Republican Gov. Doug Burgum has signed a bill into law that allows public school teachers and state government employees to ignore the pronouns their transgender students and colleagues use, the governor’s office announced Monday.

The new law also requires teachers to tell a parent or legal guardian if the student identifies as transgender. It also prohibits transgender students from using the bathroom of their choice without prior approval from a parent or guardian.

It is effective immediately.

Burgum said in a statement that the new law ‘largely codifies existing practices while reaffirming the First Amendment right to free speech … balancing the rights and interests of students, parents and teachers.’

Opponents countered that the state’s Republican leaders are violating the constitutional rights of students and teachers by compelling the speech of adults and potentially exposing children to dangerous repercussions if an abusive parent doesn’t approve.

‘Mandatory outing of a student’s trans identity violates their privacy rights at school – particularly for trans youth who cannot be safe at home. And creating a supportive working and learning environment also requires treating people with dignity and respect, including – at a minimum – calling them by the name and pronouns they want to use. These are both unlawful and discriminatory practices,’ said Cody Schuler, advocacy manager of the American Civil Liberties Union of North Dakota.

Supporters have said the measure boosts parental rights and brings peace of mind to teachers. Others said the governor should have done more to limit trans rights.

It’s only the latest measure restricting trans rights that Burgum signed after they were passed by North Dakota’s House and Senate with veto-proof majorities, part of a larger push by Republican officials nationwide to roll back the rights of their LGBTQ+ constituents.

Other new North Dakota laws prohibit transgender girls and women from joining female sports teams, from K-12 through college. They criminalize health care providers who give sex changes to minors. And they limit transgender children and adults in accessing the bathrooms, locker rooms and showers of their choice, from schools to state-run colleges and correctional facilities.

At least 21 states have restricted or banned female transgender athletes’ participation in female sports, and at least 14 states have restricted or banned sex changes for minors. Additionally, at least eight states have enacted laws preventing transgender people from using the restrooms associated with their gender identities.

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Republican leaders on Senate and House committees with oversight of federal energy policies are requesting a watchdog investigation into the Biden administration’s depletion of the Strategic Petroleum Reserve (SPR).

The lawmakers – House Energy and Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Senate Energy and Natural Resources Committee ranking member John Barrasso, R-Wyo. – requested in a letter Monday that the Government Accountability Office probe the Department of Energy (DOE). They argue that the agency’s heavy reliance on the SPR has undermined U.S. energy security.

‘DOE’s mismanagement of the SPR has undermined America’s energy security, leaving the nation more vulnerable to energy supply disruptions, and increasing the ability for OPEC and Russia to use energy as a geopolitical weapon,’ McMorris Rodgers and Barrasso wrote in the letter to Gene Dodaro, the GAO’s comptroller.

‘DOE has failed to establish long-term plans for the optimal size, configuration, maintenance, and operational capabilities of the reserve,’ they added. ‘We are concerned that the rapid depletion of the SPR may have caused structural damage to the SPR’s pipelines and caverns, compromising its ability to meet its energy security mission in the event of a true energy supply disruption.’

They noted that the SPR, which consists of four storage facilities in Texas and Louisiana, is made up of a system of wells, pipelines and pumps that use water and brine to control oil flows. The lawmakers expressed concern that the repeated drawdown of oil stocks from the system could ultimately erode the SPR’s physical integrity.

Overall, in three separate releases, President Joe Biden has ordered the DOE to release a total of about 260 million barrels of oil stored in the SPR since taking office to combat record fuel prices hitting American consumers.

The SPR, which has a capacity of about 714 million barrels, has fallen from about 638 million barrels to 362 million barrels, its lowest level since October 1983, since Biden took office.

‘DOE also recently created new rules, without Congressional authorization, for ‘fixed-price’ purchases of crude oil, rather than conventional purchase contracts,’ McMorris Rodgers and Barrasso continued in the letter Monday.

‘The failure of DOE to secure contracts to purchase oil under the new ‘fixed-price’ bidding scheme raises serious questions about DOE’s replenishment strategy and the ability of the SPR to protect the American consumers and the economy in times of emergency,’ the letter stated.

The White House unveiled a plan last year to refill SPR stocks by buying back oil at between $67 to $72 per barrel, a plan it said would amount to purchasing oil at a discount. However, DOE Secretary Jennifer Granholm suggested in March that it could take years to refill the emergency reserve to its previous level.

The Government Accountability Office didn’t immediately respond to a request for comment.

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White House press secretary Karine Jean-Pierre said during a press briefing on Monday that the U.S. has averaged more than one mass shooting per day since the start of 2023, before later saying the country averages one per week.

At the top of the White House press briefing on Monday, Jean-Pierre told reporters that May 8 is the 128th day of 2023, and yesterday, the U.S. had its 201st mass shooting of the year.

‘That means we are averaging more than one a day, more than 200 mass shootings in 128 days,’ she said, adding that more than 14,000 people died this year from gun violence. ‘This is a crisis. It is a crisis that the Republicans in Congress are refusing to address. We are talking about the number one killer of kids in America, and Republicans in Congress are saying there is nothing that we can do about it.’

Mass shootings are taking place in schools, shopping centers, churches, movie theaters, grocery stores, temples and other communal areas, interrupting everyday lives, the press secretary explained.

These public spaces come under attack from ‘weapons of war,’ that Jean-Pierre said have ‘no place on our streets.’

She then pointed the attention to Congress, saying it must address the crisis.

On Sunday, President Biden asked Congress to send him a bill banning assault weapons and high-capacity magazines, ending immunity for manufacturers, requiring safe storage of guns and enacting universal background checks, according to Jean-Pierre.

‘It’s just common sense, and it’s what the American people, majority of the American people, want when we have 200 mass shootings in less than 130 days, more than one a day. This is a crisis. Congress must do something about it now.’

A little bit later, though, Jean-Pierre said the shootings are averaging much less.

‘It is frustrating, and I’m sure you all are frustrated, too, to talk about this over and over again,’ Jean-Pierre told reporters. ‘…averaging out one mass shooting a week? That’s not ok.’

Earlier numbers presented by the press secretary were much more accurate, and what she said later during the press conference was likely a slip up.

Still, Jean-Pierre said Biden has taken two dozen executive actions in two years on gun legislation, including the bipartisan Safer Communities Act.

‘This is a president that has taken action,’ she said. ‘Where’s Congress’s responsibility on this? Where’s their responsibility on this? We need legislation.’

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We’ve noticed that depending on what index you’re in, price is holding up or not. The SP500 (SPY) (pink solid line) tested February highs, but the SP600 has been angling lower. Today we saw disparity again as the SPY was up slightly while SP600 (IJR) was down on the day.

For IJR, overhead resistance is strong at the 50-day EMA, the declining trend out of the February high has not been overcome as it was for the SPY coming out of March lows. IJR’s PMO saw a top beneath the signal line earlier and while it is currently rising, another decline will likely have it top beneath the signal line. The Silver Cross Index has topped twice beneath its signal line and the Golden Cross continues to deteriorate. Participation is high enough to turn the Silver Cross Index up, but it has been unable to reverse suggesting internal weakness.

Conclusion: Without broad market participation, we should expect most indexes to succumb to gravity.

I am back from 2 weeks of whirlwind travel and presenting at both the Money Show in Las Vegas and Charting Forward at StockCharts.com. I thank Geoff Bysshe, the President of MarketGauge.com for filling in for me.

After the market has absorbed bank crises, debt ceiling talk, the Fed Funds rate at 5.25%, earnings misses and beats, calls for recession, and hopes for lower inflation, we have plenty more to say.

Since I will be joining Maggie Lake and the folks at Real Vision at 4PM ET (you can find it on their channel on YouTube), I thought sharing my notes in preparation for that would be a good comeback for my Daily writing.

The S&P 500 charts show 2 different timeframes. The first is the daily chart.

SPY is in a daily bullish phase. The price is not too far from the early May peak, which sits just under the 23-month moving average or 2-year business cycle. The Real Motion indicator illustrates no real divergence, as that too is in a bullish phase.

On the weekly charts, SPY is also in a bullish phase above both the 50 and 200-WMAs. Momentum, here, has a divergence. SPY momentum sits on the 50-WMA, which sits beneath the 200-WMA or in a recuperation phase.

What do these charts suggest? Based on this, would you “sell in May, and go away?”

Market resiliency with just a touch of pessimism.

Some areas to watch:

KRE or Regional Banks — if the price holds 37.05, then it is possible the worst is over. If that level fails, expect more bad news.

The Economic Modern Family — regardless of what SPY is doing, the Russell 2000 (IWM) needs to hang in there and clear 180. Granny Retail XRT must hold 60.

Transportation IYT — a bright spot and, if it clears 230, the case for more upside is clearer.

Inflation — basic materials lag, but industrial metals, particularly copper ($3.93), played catch up.

Precious metals (gold $2028 Silver $25.70) — These continue to outperform. With CPI PPI this week, we will know a bit more, although CORE PCE is still high.

Oil — China consumption rose. Brent Crude Oil rallied to $77.00 per barrel. Above $80, shorts will cover and energy will rebound higher.

102 stocks made new 52-week highs today, with Shopify, O’Reilly, Shake Shack, Builders FirstSource being a few. 111 stocks made a new 52-week low; Match.com and Tyson Foods stood out.

Tech stocks — Apple looks amazing, as do Microsoft and Nvidia. The Semiconductors ETF, SMH, is over a key monthly MA and could expand.

Dollar — As long as it holds 100.70, neutral.

Some picks:

Live Streaming Sports and MusicCountry ETF VietnamBiotech stocksCopper 

Our discretionary trading strategy is now based on finding instruments using our Complete Trader Scans that fits one of these setups:

Buying instruments close to but holding the longer-term MAShorting instruments that have failed the shorter-term MABuying momentum on instruments that are clearing the shorter-term MAKeeping all trading light until the SPY clears the shorter-term MA. And when/if SPY does, we will buy, but also watch to see if small caps (IWM) can get close to its MA at 200.

My prediction? SPY, QQQs, and DIA continue to rally until IWM cannot clear $200; then everything sells off again.

For more detailed trading information about our blended models, tools and trader education courses, contact Rob Quinn, our Chief Strategy Consultant, to learn more.

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Follow Mish on Twitter @marketminute for stock picks and more. Follow Mish on Instagram (mishschneider) for daily morning videos. To see updated media clips, click here.

Mish in the Media

In the Q2 edition of StockCharts TV’s Charting Forward 2023, hosted by David Keller, Mish joins RRG Research’s Julius de Kempenaer and Simpler Trading’s TG Watkins for an roundtable discussion about the things they are seeing in, and hearing about, the markets.

Mish and Dave Keller discuss why Mish believes that yields will peak in May, what to expect next in gold, and more in this in-studio appearance on StockCharts TV’s The Final Bar!

Mish explains why Grandma Retail (XRT) may become our new leading indicator on the May 4th edition of Your Daily Five.

Mish discusses the FOMC and which stock she’s buying, and when on Business First AM.

Mish covers strategy for SPY, QQQ, and IWM.

Mish and Nicole Petallides discuss cycles, stagflation, commodities and some stock picks in this appearance on TD Ameritrade.

Mish talks movies and streaming stocks with Angela Miles on Business First AM.

Mish and Charles discuss zooming out, stagflation and picks outperforming stocks in this appearance on Making Money with Charles Payne.

Coming Up:

May 8th: Real Vision Daily Briefing

May 11th: Jim Pupluva, Financial Sense Podcast

May 19th: Real Vision Analysis

ETF Summary

S&P 500 (SPY): 23-month MA 420.Russell 2000 (IWM): 170 support, 180 resistance.Dow (DIA): Over the 23-month MA-only index.Nasdaq (QQQ): 329 the 23-month MA.Regional Banks (KRE): 42 now pivotal resistance.Semiconductors (SMH): Split 2:1 now above 23-month MA at 124.Transportation (IYT): 202-240 biggest range to watch.Biotechnology (IBB): 121-135 range to watch from monthly charts.Retail (XRT): 56-75 trading range to break one way or another.

Mish Schneider

MarketGauge.com

Director of Trading Research and Education