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"content": "\u003cp>\u003cstrong>KQED's STEPHANIE MARTIN\u003c/strong>: Today's Supreme Court ruling on Proposition 8 paves the way for same-sex weddings to resume in California, while the ruling on the Defense of Marriage Act makes married gay couples eligible for federal benefits.\u003c/p>\n\u003cfigure id=\"attachment_101516\" class=\"wp-caption alignright\" style=\"max-width: 288px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/jaybryan.jpg\">\u003cimg class=\" wp-image-101516 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/jaybryan.jpg\" alt=\"(Left to right) Bryan and Jay Leffew walk with their daughter in San Francisco.\" width=\"288\" height=\"288\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Left to right) Bryan and Jay Leffew walk with their daughter in San Francisco.\u003c/figcaption>\u003c/figure>\n\u003cp>Santa Rosa residents Jay and Bryan Leffew are really looking forward to those benefits. They married in 2008 -- just before voters passed the Prop. 8 ban on same-sex marriage.\u003c/p>\n\u003cp>Bryan, I'll start with you first. How do you think the court's ruling on the Defense of Marriage Act will change your life?\u003c/p>\n\u003cp>\u003cstrong>BRYAN LEFFEW\u003c/strong>: For starters, it takes away a lot of the uncertainty for the future. There are 1,138 rights and benefits that are conferred federally upon married couples that now gay couples will have access to, and that includes things like social security benefits. So now, for instance if, God forbid, my husband were to pass away in the line of his job as a deputy sheriff, I would be entitled to his social security, his pension -- all things that would help me be able to keep our family afloat.\u003c/p>\n\u003cp>\u003cstrong>\u003c!--more-->MARTIN\u003c/strong>: OK, you can pass it over to Jay. Jay, when it comes to the kids, what changes for them?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>JAY LEFFEW\u003c/strong>: I think the protection that our marriage gives them is a protection that all kids should have. We're guaranteeing them that they're going to have a safe future in a loving home and that one of us isn't just going to run off someday when we get tired of the drama.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: We should say you have two kids, correct?\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: Correct, we have a son and a daughter.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: And how old are they?\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: My son is 12 years old and my daughter is 8.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: So Bryan, Jay told me earlier today that he's the more optimistic one when it comes to these court rulings and that you view things a bit more cautiously. What concerns do you still have?\u003c/p>\n\u003cp>[youtube http://www.youtube.com/watch?v=3_2qvXfA85c]\u003c/p>\n\u003cp>\u003cstrong>BRYAN\u003c/strong>: My concerns are that as fantastic as today's DOMA ruling is, it still left it up to a state-by-state fight, which means that states that already have marriage equality are now granted federal recognition. But all the states that don't have marriage equality now, those individuals that live within those states are going to have to start their own ballot initiatives or find some other route to create marriage equality within their state in order for the federal government to then recognize it.\u003c/p>\n\u003cp>And that's just going to create multiple court battles and make this a real terrible mess to have to clean up. But that's just a part of the longstanding battle we've been on, and we know that it's not over and we have much more work to do.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Jay, we should mention that a lot of people may recognize you and Bryan and your two kids as YouTube stars. Tell me a bit about those videos you've been making over the years and what message you've been trying to send.\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: Well we started making the YouTube videos back when Prop. 8 was actually on the ballot here in California. And we were sitting around at the dinner table one night, and I was complaining that all the commercials on TV were showing our allies and family members talking about why gay marriage or marriage equality is important to gay couples. And they refused to show any LGBT families or couples and I got really frustrated.\u003c/p>\n\u003cp>So we went to YouTube and we looked to see if there was any other families that were making videos about their lives and we didn't find any. So we decided that we would create our own channel called \"Gay Family Values\" and start documenting our day-to-day lives. And it has become an amazing journey for not only my family, but for the 26,000 people that have joined the ride with us. We've got a pretty good subscriber base and a lot of support and a lot of love.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Now I understand because of your activism, you and the kids are all invited to all kinds of Bay Area celebrations this evening, but you're going to have to put those off for something else tonight, right?\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: Yeah, you know it's the most inconvenient day possible for the ruling to come out because Justin Bieber is in town, and my daughter is adamant about seeing him in concert. So we've had to make plans to go actually see him, so we're not going to be involved in any of the celebrations in the Castro, which we're extremely disappointed about, but kids come first.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Okay, first thing's first, definitely. Jay and Bryan Leffew, thank you.\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: No, thank you. Thank you for having us. It was a pleasure.\u003c/p>\n\u003cp>\u003cstrong>BRYAN\u003c/strong>: Thank you very much.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Jay and Bryan Leffew live in Santa Rosa.\u003c/p>\n\u003cp>Listen to the full story:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F98613001\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\n",
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"description": "KQED's STEPHANIE MARTIN: Today's Supreme Court ruling on Proposition 8 paves the way for same-sex weddings to resume in California, while the ruling on the Defense of Marriage Act makes married gay couples eligible for federal benefits. Santa Rosa residents Jay and Bryan Leffew are really looking forward to those benefits. They married in 2008",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>KQED's STEPHANIE MARTIN\u003c/strong>: Today's Supreme Court ruling on Proposition 8 paves the way for same-sex weddings to resume in California, while the ruling on the Defense of Marriage Act makes married gay couples eligible for federal benefits.\u003c/p>\n\u003cfigure id=\"attachment_101516\" class=\"wp-caption alignright\" style=\"max-width: 288px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/jaybryan.jpg\">\u003cimg class=\" wp-image-101516 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/jaybryan.jpg\" alt=\"(Left to right) Bryan and Jay Leffew walk with their daughter in San Francisco.\" width=\"288\" height=\"288\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Left to right) Bryan and Jay Leffew walk with their daughter in San Francisco.\u003c/figcaption>\u003c/figure>\n\u003cp>Santa Rosa residents Jay and Bryan Leffew are really looking forward to those benefits. They married in 2008 -- just before voters passed the Prop. 8 ban on same-sex marriage.\u003c/p>\n\u003cp>Bryan, I'll start with you first. How do you think the court's ruling on the Defense of Marriage Act will change your life?\u003c/p>\n\u003cp>\u003cstrong>BRYAN LEFFEW\u003c/strong>: For starters, it takes away a lot of the uncertainty for the future. There are 1,138 rights and benefits that are conferred federally upon married couples that now gay couples will have access to, and that includes things like social security benefits. So now, for instance if, God forbid, my husband were to pass away in the line of his job as a deputy sheriff, I would be entitled to his social security, his pension -- all things that would help me be able to keep our family afloat.\u003c/p>\n\u003cp>\u003cstrong>\u003c!--more-->MARTIN\u003c/strong>: OK, you can pass it over to Jay. Jay, when it comes to the kids, what changes for them?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>JAY LEFFEW\u003c/strong>: I think the protection that our marriage gives them is a protection that all kids should have. We're guaranteeing them that they're going to have a safe future in a loving home and that one of us isn't just going to run off someday when we get tired of the drama.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: We should say you have two kids, correct?\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: Correct, we have a son and a daughter.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: And how old are they?\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: My son is 12 years old and my daughter is 8.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: So Bryan, Jay told me earlier today that he's the more optimistic one when it comes to these court rulings and that you view things a bit more cautiously. What concerns do you still have?\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/3_2qvXfA85c'\n title='//www.youtube.com/embed/3_2qvXfA85c'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>BRYAN\u003c/strong>: My concerns are that as fantastic as today's DOMA ruling is, it still left it up to a state-by-state fight, which means that states that already have marriage equality are now granted federal recognition. But all the states that don't have marriage equality now, those individuals that live within those states are going to have to start their own ballot initiatives or find some other route to create marriage equality within their state in order for the federal government to then recognize it.\u003c/p>\n\u003cp>And that's just going to create multiple court battles and make this a real terrible mess to have to clean up. But that's just a part of the longstanding battle we've been on, and we know that it's not over and we have much more work to do.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Jay, we should mention that a lot of people may recognize you and Bryan and your two kids as YouTube stars. Tell me a bit about those videos you've been making over the years and what message you've been trying to send.\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: Well we started making the YouTube videos back when Prop. 8 was actually on the ballot here in California. And we were sitting around at the dinner table one night, and I was complaining that all the commercials on TV were showing our allies and family members talking about why gay marriage or marriage equality is important to gay couples. And they refused to show any LGBT families or couples and I got really frustrated.\u003c/p>\n\u003cp>So we went to YouTube and we looked to see if there was any other families that were making videos about their lives and we didn't find any. So we decided that we would create our own channel called \"Gay Family Values\" and start documenting our day-to-day lives. And it has become an amazing journey for not only my family, but for the 26,000 people that have joined the ride with us. We've got a pretty good subscriber base and a lot of support and a lot of love.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Now I understand because of your activism, you and the kids are all invited to all kinds of Bay Area celebrations this evening, but you're going to have to put those off for something else tonight, right?\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: Yeah, you know it's the most inconvenient day possible for the ruling to come out because Justin Bieber is in town, and my daughter is adamant about seeing him in concert. So we've had to make plans to go actually see him, so we're not going to be involved in any of the celebrations in the Castro, which we're extremely disappointed about, but kids come first.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Okay, first thing's first, definitely. Jay and Bryan Leffew, thank you.\u003c/p>\n\u003cp>\u003cstrong>JAY\u003c/strong>: No, thank you. Thank you for having us. It was a pleasure.\u003c/p>\n\u003cp>\u003cstrong>BRYAN\u003c/strong>: Thank you very much.\u003c/p>\n\u003cp>\u003cstrong>MARTIN\u003c/strong>: Jay and Bryan Leffew live in Santa Rosa.\u003c/p>\n\u003cp>Listen to the full story:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F98613001\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "bryan-stow",
"title": "Bryan Stow Situation Shows Limits of Long-term Rehab Care",
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"headTitle": "Bryan Stow Situation Shows Limits of Long-term Rehab Care | KQED",
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"content": "\u003cfigure id=\"attachment_44935\" class=\"wp-caption alignright\" style=\"max-width: 162px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/bryanstow1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-44935\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/bryanstow1.jpg\" alt=\"Bryan Stow family photo\" width=\"162\" height=\"241\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Bryan Stow family photo\u003c/figcaption>\u003c/figure>\n\u003cp>The Bryan Stow incident is one of those things that whenever it comes up, even years later, has you sort of \u003ca href=\"http://ww2.kqed.org/news/2011/04/06/the-incredible-attack-on-giants-fan-bryan-stow/\" target=\"_blank\" rel=\"noopener\">shaking your head\u003c/a> and muttering to yourself about the abject tribalism that often governs human relations.\u003c/p>\n\u003cp>Guy goes to opening day, probably basking like everyone else in the shopworn connotations of renewal and hope, and winds up severely beaten with brain damage. All because he rooted for the wrong team. The two men who have been accused of attacking Stow, Louie Sanchez and Marvin Norwood, are still awaiting trial, and the Stow family has sued the Dodgers, claiming the organization’s negligence in stadium security contributed to the attack. That trial is set to begin on Aug. 27.\u003c/p>\n\u003cp>Stow, 43, has made remarkable progress since he emerged from a coma two years ago. But two weeks ago, in an update on its \u003ca href=\"http://support4bryanstow.com/\" target=\"_blank\" rel=\"noopener\">Support4BryanStow\u003c/a> website, his family said that he had been forced to return home from the live-in facility where he had been rehabbing because Stow’s insurance company would no longer pay for that level of care. The family said Stow’s condition has declined somewhat since then.\u003c/p>\n\u003cp>Last week, I talked to Bryan’s sister, Bonnie, about this latest development. Stow has been living at his parents’ home in Capitola for about seven weeks now. His two children, who used to live with him part time, now live exclusively with their mother. \u003c!--more-->\u003c/p>\n\u003cp>Edited transcript …\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: What sort of care is the insurance company still paying for?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Outpatient therapy, but it’s been cut to 30 hours of physical therapy, speech therapy and occupational therapy each for the entire calendar year.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Can you tell me who the insurance company is?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Well, we got a lot of responses from people who were not happy with the insurance company and we don’t want to make the situation worse by people contacting them directly.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Are you in negotiations?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: We haven’t gotten to that point yet. We’ve never dealt with this, so we don’t know what avenue we should take.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: What was the reason you were given for the company no longer paying for the facility?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: We were told insurance companies will only continue to pay as long as there are signs of improvement and progress. And the second a patient starts to plateau, they’ll stop paying. But now he’s gotten to the point where he’s taken a big step back.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: How has he declined?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Even transferring from his wheelchair to his bed is painful. His body stiffens up if he’s not continually moved, which is why we’re trying to stand him every hour for two minutes. But with the lack of therapy, he’s gaining weight, which makes it harder for us to do that. At the live-in facility, he was also getting psychological therapy, which he doesn’t get now.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: So who is taking care of Bryan at your parents’ home?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: My parents hired someone for three hours in the morning to get him up and showered, and three hours in the evening. My mom feeds him.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Is that covered by insurance?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: No. It’s $25 per hour.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: So that’s $150 per day, or about $55,000 per year. Have the donations you were receiving after the attack slowed?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Yeah, but I don’t want to take away from the donations we are getting. Of course they help.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Are the Giants helping out?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Tim Lincecum donated to his fund in the beginning and Barry Bonds donated money for the kids’ education. We get texts from the Giants to make sure we’re doing OK. Tim Flannery did a couple of fundraisers. They treated us to the World Series game. They’ve been supportive in making us feel like part of their family.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: How is Bryan doing in terms of his overall recovery?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Well, he lived. That’s big progress. His memory is pretty good. He has moments he doesn’t remember what he had for breakfast. He’ll sometimes use a word that’s not what he meant to say, and it doesn’t make sense. But he’s doing really well when you look at him. His body just needs to catch up. And, in order to do that, he needs his therapies.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: And how well is the family coping now?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: I feel like this is a different chapter. We’re all in Santa Cruz County, so we’re all here and we’re able to help, so we have the support of each other. We’re coping in the sense that we’re together and we’re doing it as a family.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003chr>\n\u003cp>\u003cstrong>A Common Situation\u003c/strong>\u003c/p>\n\u003cp>This is a situation no one ever plans for, of course. I asked Karen Pollitz, a senior fellow at the Kaiser Family Foundation who specializes in private health insurance, how often someone who is seriously injured gets sent home from a live-in facility. Stow is still covered by his employer through COBRA, and Pollitz said job-based insurance limitations on coverage for rehab services are common.\u003c/p>\n\u003cp>“One common limit is on days or rehab visits a plan will cover in a year or relative to a particular accident or injury. The second (is that) plans will only cover care that’s medically necessary, and the definition of that with respect to rehab may have something to do with whether you’re still on a trajectory to return to the level of health and function prior to the injury or accident.”\u003c/p>\n\u003cp>But, Pollitz said, there is no definition of what’s “medically necessary.”\u003c/p>\n\u003cp>“This has been a long-running discussion,” she said. “What should be the standard for covering medically necessary rehab services that are required over the long term? Is it that you’re eventually going to get better, eventually achieve a certain level of improvement, or is it to prevent further deterioration?”\u003c/p>\n\u003cp>I asked Pollitz whether the Affordable Care Act, which goes into full effect in 2014, could help Stow. It won’t, she said. The 30 hours per year for different rehabilitative services that his family says Stow is now approved for is similar to the standard that plans offered through California’s health exchange will operate under. So, even though people like Stow, who have a long-term injury, will be able to buy insurance, they would still run into the same limits on rehab services.\u003c/p>\n\u003cp>So what do you do when an unthinkable tragedy like this strikes? The Stow family is fortunate — if you want to call it that — in the respect that the attack received so much publicity that donations were able to help defray the cost of his recovery. And of course, they may or may not receive money from the Dodgers through their lawsuit. But not everyone gets a fundraising \u003ca href=\"http://ww2.kqed.org/news/2011/11/02/video-barry-bonds-asks-for-help-for-bryan-stow-kids-college-fund/\" target=\"_blank\" rel=\"noopener\">video made on their behalf by Barry Bonds.\u003c/a>\u003c/p>\n\u003cp>Pollitz said the best option for people in Stow’s situation who can’t afford long-term care may be Medicaid (Medi-Cal in California), which has no limits in getting rehabilitative services at a live-in facility.\u003c/p>\n\u003cp>“One of the huge differences between Medi-Cal coverage and private insurance coverage is that (Medi-Cal) doesn’t limit these services, either for medically necessary reasons or dollar limits. This distinction between (what’s) care to improve or care to maintain … that gets blown away under Medicaid. It’s all covered.”\u003c/p>\n\u003cp>That might, however, require “spending down” — reducing your assets in order to qualify for the program.\u003c/p>\n\u003cp>We’ll check in with the Stow family as events develop. For now, here’s a video they posted that documents Bryan’s recovery …\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[youtube http://www.youtube.com/watch?v=F0Nfgxj6xG4]\u003c/p>\n\n",
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"description": "The Bryan Stow incident is one of those things that whenever it comes up, even years later, has you sort of shaking your head and muttering to yourself about the abject tribalism that often governs human relations. Guy goes to opening day, probably basking like everyone else in the shopworn connotations of renewal and hope, and winds up severely beaten with brain damage. All because he rooted for the wrong team. The two men who have been accused of attacking Stow, Louie Sanchez and Marvin Norwood, are still awaiting trial, and the Stow family has sued the Dodgers, claiming the",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_44935\" class=\"wp-caption alignright\" style=\"max-width: 162px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/bryanstow1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-44935\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/10/bryanstow1.jpg\" alt=\"Bryan Stow family photo\" width=\"162\" height=\"241\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Bryan Stow family photo\u003c/figcaption>\u003c/figure>\n\u003cp>The Bryan Stow incident is one of those things that whenever it comes up, even years later, has you sort of \u003ca href=\"http://ww2.kqed.org/news/2011/04/06/the-incredible-attack-on-giants-fan-bryan-stow/\" target=\"_blank\" rel=\"noopener\">shaking your head\u003c/a> and muttering to yourself about the abject tribalism that often governs human relations.\u003c/p>\n\u003cp>Guy goes to opening day, probably basking like everyone else in the shopworn connotations of renewal and hope, and winds up severely beaten with brain damage. All because he rooted for the wrong team. The two men who have been accused of attacking Stow, Louie Sanchez and Marvin Norwood, are still awaiting trial, and the Stow family has sued the Dodgers, claiming the organization’s negligence in stadium security contributed to the attack. That trial is set to begin on Aug. 27.\u003c/p>\n\u003cp>Stow, 43, has made remarkable progress since he emerged from a coma two years ago. But two weeks ago, in an update on its \u003ca href=\"http://support4bryanstow.com/\" target=\"_blank\" rel=\"noopener\">Support4BryanStow\u003c/a> website, his family said that he had been forced to return home from the live-in facility where he had been rehabbing because Stow’s insurance company would no longer pay for that level of care. The family said Stow’s condition has declined somewhat since then.\u003c/p>\n\u003cp>Last week, I talked to Bryan’s sister, Bonnie, about this latest development. Stow has been living at his parents’ home in Capitola for about seven weeks now. His two children, who used to live with him part time, now live exclusively with their mother. \u003c!--more-->\u003c/p>\n\u003cp>Edited transcript …\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: What sort of care is the insurance company still paying for?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Outpatient therapy, but it’s been cut to 30 hours of physical therapy, speech therapy and occupational therapy each for the entire calendar year.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Can you tell me who the insurance company is?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Well, we got a lot of responses from people who were not happy with the insurance company and we don’t want to make the situation worse by people contacting them directly.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Are you in negotiations?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: We haven’t gotten to that point yet. We’ve never dealt with this, so we don’t know what avenue we should take.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: What was the reason you were given for the company no longer paying for the facility?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: We were told insurance companies will only continue to pay as long as there are signs of improvement and progress. And the second a patient starts to plateau, they’ll stop paying. But now he’s gotten to the point where he’s taken a big step back.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: How has he declined?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Even transferring from his wheelchair to his bed is painful. His body stiffens up if he’s not continually moved, which is why we’re trying to stand him every hour for two minutes. But with the lack of therapy, he’s gaining weight, which makes it harder for us to do that. At the live-in facility, he was also getting psychological therapy, which he doesn’t get now.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: So who is taking care of Bryan at your parents’ home?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: My parents hired someone for three hours in the morning to get him up and showered, and three hours in the evening. My mom feeds him.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Is that covered by insurance?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: No. It’s $25 per hour.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: So that’s $150 per day, or about $55,000 per year. Have the donations you were receiving after the attack slowed?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Yeah, but I don’t want to take away from the donations we are getting. Of course they help.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: Are the Giants helping out?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Tim Lincecum donated to his fund in the beginning and Barry Bonds donated money for the kids’ education. We get texts from the Giants to make sure we’re doing OK. Tim Flannery did a couple of fundraisers. They treated us to the World Series game. They’ve been supportive in making us feel like part of their family.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: How is Bryan doing in terms of his overall recovery?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: Well, he lived. That’s big progress. His memory is pretty good. He has moments he doesn’t remember what he had for breakfast. He’ll sometimes use a word that’s not what he meant to say, and it doesn’t make sense. But he’s doing really well when you look at him. His body just needs to catch up. And, in order to do that, he needs his therapies.\u003c/p>\n\u003cp>\u003cstrong>JON BROOKS\u003c/strong>: And how well is the family coping now?\u003c/p>\n\u003cp>\u003cstrong>BONNIE STOW\u003c/strong>: I feel like this is a different chapter. We’re all in Santa Cruz County, so we’re all here and we’re able to help, so we have the support of each other. We’re coping in the sense that we’re together and we’re doing it as a family.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003chr>\n\u003cp>\u003cstrong>A Common Situation\u003c/strong>\u003c/p>\n\u003cp>This is a situation no one ever plans for, of course. I asked Karen Pollitz, a senior fellow at the Kaiser Family Foundation who specializes in private health insurance, how often someone who is seriously injured gets sent home from a live-in facility. Stow is still covered by his employer through COBRA, and Pollitz said job-based insurance limitations on coverage for rehab services are common.\u003c/p>\n\u003cp>“One common limit is on days or rehab visits a plan will cover in a year or relative to a particular accident or injury. The second (is that) plans will only cover care that’s medically necessary, and the definition of that with respect to rehab may have something to do with whether you’re still on a trajectory to return to the level of health and function prior to the injury or accident.”\u003c/p>\n\u003cp>But, Pollitz said, there is no definition of what’s “medically necessary.”\u003c/p>\n\u003cp>“This has been a long-running discussion,” she said. “What should be the standard for covering medically necessary rehab services that are required over the long term? Is it that you’re eventually going to get better, eventually achieve a certain level of improvement, or is it to prevent further deterioration?”\u003c/p>\n\u003cp>I asked Pollitz whether the Affordable Care Act, which goes into full effect in 2014, could help Stow. It won’t, she said. The 30 hours per year for different rehabilitative services that his family says Stow is now approved for is similar to the standard that plans offered through California’s health exchange will operate under. So, even though people like Stow, who have a long-term injury, will be able to buy insurance, they would still run into the same limits on rehab services.\u003c/p>\n\u003cp>So what do you do when an unthinkable tragedy like this strikes? The Stow family is fortunate — if you want to call it that — in the respect that the attack received so much publicity that donations were able to help defray the cost of his recovery. And of course, they may or may not receive money from the Dodgers through their lawsuit. But not everyone gets a fundraising \u003ca href=\"http://ww2.kqed.org/news/2011/11/02/video-barry-bonds-asks-for-help-for-bryan-stow-kids-college-fund/\" target=\"_blank\" rel=\"noopener\">video made on their behalf by Barry Bonds.\u003c/a>\u003c/p>\n\u003cp>Pollitz said the best option for people in Stow’s situation who can’t afford long-term care may be Medicaid (Medi-Cal in California), which has no limits in getting rehabilitative services at a live-in facility.\u003c/p>\n\u003cp>“One of the huge differences between Medi-Cal coverage and private insurance coverage is that (Medi-Cal) doesn’t limit these services, either for medically necessary reasons or dollar limits. This distinction between (what’s) care to improve or care to maintain … that gets blown away under Medicaid. It’s all covered.”\u003c/p>\n\u003cp>That might, however, require “spending down” — reducing your assets in order to qualify for the program.\u003c/p>\n\u003cp>We’ll check in with the Stow family as events develop. For now, here’s a video they posted that documents Bryan’s recovery …\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Yahoo and Google See Same-Sex Marriage Searches Spike As Rulings Come Down",
"title": "Yahoo and Google See Same-Sex Marriage Searches Spike As Rulings Come Down",
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"content": "\u003cfigure id=\"attachment_101442\" class=\"wp-caption aligncenter\" style=\"max-width: 540px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/101441/rs5301_124-sfi/\" rel=\"attachment wp-att-101442\">\u003cimg class=\"size-full wp-image-101442 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5301_124-sfi.jpg\" alt=\"RS5301_124-sfi\" width=\"540\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Crispin Hollings proposes marriage to Luis Casillas, who accepts, at San Francisco City Hall today, where people gathered to watch the decisions on Prop 8 and DOMA come in. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Carolyn Clark, Senior Communications Manager at Yahoo, reports that a number of search terms have been spiking at the giant portal related to the Supreme Court rulings on Prop 8 and DOMA\u003c/p>\n\u003cp>\u003cstrong>Searches past 7 days ending June 25\u003c/strong> (breakout refers to a term that is gaining interest and had little to no interest during the previous time period):\u003c/p>\n\u003cul>\n\u003cli>Gay marriage up 37 percent\u003c/li>\n\u003cli>SCOTUS up 37 percent\u003c/li>\n\u003cli>Prop 8 decision 2013 (breakout)\u003c/li>\n\u003cli>Marriage license up 9 percent, Marriage certificate 18 percent\u003c/li>\n\u003cli>Liberals Supreme Court (breakout)\u003c/li>\n\u003cli>Marriage equality (breakout)\u003c/li>\n\u003cli>Marriage equality sign (breakout)\u003c/li>\n\u003cli>Save Your Marriage (breakout)\u003c!--more-->\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Most searched Justices in the past 7 days:\u003c/strong>\u003c/p>\n\u003col start=\"1\">\n\u003cli>Clarence Thomas\u003c/li>\n\u003cli>Antonin Scalia\u003c/li>\n\u003cli>John Roberts\u003c/li>\n\u003cli>Sonia Sotomayor\u003c/li>\n\u003c/ol>\n\u003cp>The gender breakdown on those searching about DOMA on Yahoo over the past seven days, is 49 percent female and 51 percent male.\u003c/p>\n\u003cp>\u003cstrong>The following specific search terms are among those spiking today:\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[Scotus]\u003cbr>\n[Prop 8]\u003cbr>\n[proposition 8 california]\u003cbr>\n[prop 8 dissents]\u003cbr>\n[Scotus ruling on prop 8]\u003cbr>\n[marriage equality sign]\u003cbr>\n[scotusblog]\u003cbr>\n[same-sex marriage]\u003cbr>\n[marriage equality symbol]\u003cbr>\n[marriage equality sign]\u003cbr>\n[supreme court decision doma prop 8]\u003cbr>\n[justice samuel alito]\u003cbr>\n[benefits of married couples]\u003cbr>\n[scotus acronym]\u003c/p>\n\u003cfigure id=\"attachment_101491\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/101441/googlescreen-640/\" rel=\"attachment wp-att-101491\">\u003cimg class=\"size-full wp-image-101491 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/googlescreen-640.jpg\" alt=\"googlescreen-640\" width=\"640\" height=\"400\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Search terms related to same sex rmarriage trending on Google today. (Google)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Meanwhile, at Google, spokesperson Roya Soleimani reports that the following search terms were trending between 9:30 a.m. – 2:30 pm ET today:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>DOMA\u003c/li>\n\u003cli>Supreme Court gay marriage\u003c/li>\n\u003cli>Prop 8 ruling\u003c/li>\n\u003cli>5th Ammendment\u003c/li>\n\u003cli>What is DOMA\u003c/li>\n\u003cli>Marriage Equality\u003c/li>\n\u003cli>Edith Windsor\u003c/li>\n\u003cli>US Supreme Court Ruling\u003c/li>\n\u003cli>HRC\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>“On Google+, the hashtags #equalrights and #EQUALITYFORALL are trending right now on G+,\"Soleimani added.\u003c/p>\n\n",
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"content": "\u003cp>The head of California’s Corrections and Rehabilitation Department said a brand-new $840 million medical center is proof that federal judges are wrong about health care in the state’s crowded prison system.\u003c/p>\n\u003cfigure id=\"attachment_101166\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-101166\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/beard-stockton-300x200.jpg\" alt=\"CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton (Scott Detrow / KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton. (Scott Detrow / KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Dedicating the California Health Care Facility in Stockton Tuesday morning, Corrections Secretary Jeffrey Beard said the 1,700-bed complex will provide state-of-the-art care for California’s sickest inmates. “Yet the federal courts question California’s commitment to providing quality care to inmates,” Beard told a 200-person audience. “I ask you this: Does what you see behind me today – is that deliberate indifference?”\u003c/p>\n\u003cp>The dedication comes less than a week after \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-prisons-lawsuit/\">a panel of federal judges issued its latest order \u003c/a>demanding California release 9,600 prisoners by the end of the year in order to comply with a mandatory population cap.\u003c/p>\n\u003cp>\u003ca href=\"http://www.californiareport.org/archive/R201306210850/a\">The 51-page ruling read like an exasperated rebuke\u003c/a>. The judges wrote the Brown administration has “directly defied this court’s orders,” used “tortured logic” to argue against their rulings,” and shown “repeated failure” to comply. That’s because the panel of judges has been ordering California to reduce its prison population to under 110,000 since 2009. The judges say the health care in the overcrowded prisons is so poor it violates the Constitution.\u003c/p>\n\u003cp>California’s most recent compliance plan falls more than 4,000 inmates short of achieving that goal by the court’s Dec. 31 deadline.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Brown and Beard have repeatedly argued that the judges’ focus on population totals misses the point. Walking through the yard of the Stockton facility, Beard said he had invited the three judges to attend the ceremony. “And certainly any time they would want to come and take a tour, we’d be happy to take them,” he said.\u003c/p>\n\u003cp>The sickest prisoners in California’s prison system will soon be treated at the Stockton complex. “That means we take them out of other institutions in this state,” Beard told reporters. “Who no longer have those high-acuity people to treat. So that means they can actually have more inmates in that facility, and still handle the medical and mental health needs. Because we have consolidated those needs here at the Stockton facility.”\u003c/p>\n\u003cp>Brown is vowing to appeal the ruling all the way to the U.S. Supreme Court, \u003ca href=\"http://www.latimes.com/news/local/la-me-ff-brown-prisons-20130625,0,6754881.story\">but he has also submitted a plan to lawmakers to reach those benchmarks.\u003c/a>\u003c/p>\n\u003cp>Another setback for California’s prison system: \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_23531486/judge-california-must-move-inmates-two-prisons-because\">on Monday, a federal judge ordered the state to move thousands of inmates out of two Central Valley prisons\u003c/a>, due to the high risk of contracting the fungal infection called valley fever.\u003c/p>\n\u003cp>Beard said he’s worried the latest ruling could “destabilize” the state’s attempts to reduce the prison population.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The head of California’s Corrections and Rehabilitation Department said a brand-new $840 million medical center is proof that federal judges are wrong about health care in the state’s crowded prison system.\u003c/p>\n\u003cfigure id=\"attachment_101166\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-101166\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/beard-stockton-300x200.jpg\" alt=\"CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton (Scott Detrow / KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton. (Scott Detrow / KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Dedicating the California Health Care Facility in Stockton Tuesday morning, Corrections Secretary Jeffrey Beard said the 1,700-bed complex will provide state-of-the-art care for California’s sickest inmates. “Yet the federal courts question California’s commitment to providing quality care to inmates,” Beard told a 200-person audience. “I ask you this: Does what you see behind me today – is that deliberate indifference?”\u003c/p>\n\u003cp>The dedication comes less than a week after \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-prisons-lawsuit/\">a panel of federal judges issued its latest order \u003c/a>demanding California release 9,600 prisoners by the end of the year in order to comply with a mandatory population cap.\u003c/p>\n\u003cp>\u003ca href=\"http://www.californiareport.org/archive/R201306210850/a\">The 51-page ruling read like an exasperated rebuke\u003c/a>. The judges wrote the Brown administration has “directly defied this court’s orders,” used “tortured logic” to argue against their rulings,” and shown “repeated failure” to comply. That’s because the panel of judges has been ordering California to reduce its prison population to under 110,000 since 2009. The judges say the health care in the overcrowded prisons is so poor it violates the Constitution.\u003c/p>\n\u003cp>California’s most recent compliance plan falls more than 4,000 inmates short of achieving that goal by the court’s Dec. 31 deadline.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Brown and Beard have repeatedly argued that the judges’ focus on population totals misses the point. Walking through the yard of the Stockton facility, Beard said he had invited the three judges to attend the ceremony. “And certainly any time they would want to come and take a tour, we’d be happy to take them,” he said.\u003c/p>\n\u003cp>The sickest prisoners in California’s prison system will soon be treated at the Stockton complex. “That means we take them out of other institutions in this state,” Beard told reporters. “Who no longer have those high-acuity people to treat. So that means they can actually have more inmates in that facility, and still handle the medical and mental health needs. Because we have consolidated those needs here at the Stockton facility.”\u003c/p>\n\u003cp>Brown is vowing to appeal the ruling all the way to the U.S. Supreme Court, \u003ca href=\"http://www.latimes.com/news/local/la-me-ff-brown-prisons-20130625,0,6754881.story\">but he has also submitted a plan to lawmakers to reach those benchmarks.\u003c/a>\u003c/p>\n\u003cp>Another setback for California’s prison system: \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_23531486/judge-california-must-move-inmates-two-prisons-because\">on Monday, a federal judge ordered the state to move thousands of inmates out of two Central Valley prisons\u003c/a>, due to the high risk of contracting the fungal infection called valley fever.\u003c/p>\n\u003cp>Beard said he’s worried the latest ruling could “destabilize” the state’s attempts to reduce the prison population.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court's Prop. 8/DOMA Decisions Expected Tomorrow",
"title": "Supreme Court's Prop. 8/DOMA Decisions Expected Tomorrow",
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"content": "\u003cfigure id=\"attachment_92121\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\">\u003cimg class=\"size-full wp-image-92121 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\" alt=\"People rally in front of the California Supreme Court Building after arguments were heard for and against Proposition 8 March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People rally in front of the California Supreme Court building after arguments were heard for and against Proposition 8 on March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday\u003c/strong>: \u003ca href=\"http://ww2.kqed.org/news/2013/06/25/proposition-8-supreme-court/\" target=\"_blank\">We're live blogging today's decisions here\u003c/a>. \u003c/p>\n\u003cp>The U.S. Supreme Court did not release rulings on either Proposition 8 or the Defense of Marriage Act today. The court said it will convene again tomorrow at 7 a.m. for the last time this term to issue its remaining decisions. Presumably, those will include rulings on the same-sex marriage cases.\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>\u003cem>\u003c/em>While you wait, here are some possible outcomes regarding the Prop. 8 case, in which the issue before the court is whether California's 2008 voter-approved same-sex marriage ban is as unconstitutional as two lower courts said it is ....\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California, unless another state proposition overturns Prop. 8.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Many legal analysts do not think the court is likely to create a broad right to same-sex marriage in its ruling. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” UC Davis law professor and SCOTUSblog analyst Vik Amar told KQED's Scott Shafer earlier this month. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage. And as Shafer wrote, \"at oral arguments in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If the court does strike down Proposition 8, for whatever reasons, same-sex marriages could begin again in California in mid-to-late July, according to San Francisco City Attorney Dennis Herrera's office. (San Francisco was an intervenor in the case on the plaintiff's side.)\u003c/p>\n\u003cp>It should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So, even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. Last week state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot. \u003cstrong>\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In 2011, the U.S. Census Bureau said that \u003ca href=\"https://www.baycitizen.org/news/census-2010/census-28000-gay-couples-california/\" target=\"_blank\">more than 28,000 California same-sex couples reported being married\u003c/a>. From June to November 2008, in between the time the state Supreme Court overturned Proposition 22, which restricted marriage to opposite-sex couples, and the passage of Prop. 8, about 18,000 same-sex marriage licenses were issued in California. The state Supreme Court later ruled that these marriages were not invalidated by Prop. 8.\u003c/p>\n\n",
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"description": "Update Wednesday: We're live blogging today's decisions here. The U.S. Supreme Court did not release rulings on either Proposition 8 or the Defense of Marriage Act today. The court said it will convene again tomorrow at 7 a.m. for the last time this term to issue its remaining decisions. Presumably, those will include rulings on",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_92121\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\">\u003cimg class=\"size-full wp-image-92121 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\" alt=\"People rally in front of the California Supreme Court Building after arguments were heard for and against Proposition 8 March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People rally in front of the California Supreme Court building after arguments were heard for and against Proposition 8 on March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday\u003c/strong>: \u003ca href=\"http://ww2.kqed.org/news/2013/06/25/proposition-8-supreme-court/\" target=\"_blank\">We're live blogging today's decisions here\u003c/a>. \u003c/p>\n\u003cp>The U.S. Supreme Court did not release rulings on either Proposition 8 or the Defense of Marriage Act today. The court said it will convene again tomorrow at 7 a.m. for the last time this term to issue its remaining decisions. Presumably, those will include rulings on the same-sex marriage cases.\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>\u003cem>\u003c/em>While you wait, here are some possible outcomes regarding the Prop. 8 case, in which the issue before the court is whether California's 2008 voter-approved same-sex marriage ban is as unconstitutional as two lower courts said it is ....\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California, unless another state proposition overturns Prop. 8.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Many legal analysts do not think the court is likely to create a broad right to same-sex marriage in its ruling. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” UC Davis law professor and SCOTUSblog analyst Vik Amar told KQED's Scott Shafer earlier this month. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage. And as Shafer wrote, \"at oral arguments in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If the court does strike down Proposition 8, for whatever reasons, same-sex marriages could begin again in California in mid-to-late July, according to San Francisco City Attorney Dennis Herrera's office. (San Francisco was an intervenor in the case on the plaintiff's side.)\u003c/p>\n\u003cp>It should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So, even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. Last week state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot. \u003cstrong>\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In 2011, the U.S. Census Bureau said that \u003ca href=\"https://www.baycitizen.org/news/census-2010/census-28000-gay-couples-california/\" target=\"_blank\">more than 28,000 California same-sex couples reported being married\u003c/a>. From June to November 2008, in between the time the state Supreme Court overturned Proposition 22, which restricted marriage to opposite-sex couples, and the passage of Prop. 8, about 18,000 same-sex marriage licenses were issued in California. The state Supreme Court later ruled that these marriages were not invalidated by Prop. 8.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Voids Key Part of Voting Rights Act",
"title": "Supreme Court Voids Key Part of Voting Rights Act",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure class=\"wp-caption alignleft\" style=\"max-width: 360px\">\u003cimg src=\"http://u.s.kqed.net/2013/06/25/NAACPVotingRightsActSCOTUS360.jpg\" alt=\"\" width=\"360\" height=\"237\">\u003cfigcaption class=\"wp-caption-text\">Field Director Charles White of the National Association for the Advancement of Colored People (NAACP) speaks outside the U.S. Supreme Court on June 25, 2013. The court ruled that Section 4 of the Voting Rights Act, which aimed at protecting minority voters, is unconstitutional. (Win McNamee/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>WASHINGTON (AP) — The Supreme Court ruled Tuesday that a key provision of the landmark Voting Rights Act cannot be enforced unless Congress comes up with an up-to-date formula for deciding which states and localities still need federal monitoring.\u003c/p>\n\u003cp>The justices said in 5-4 vote that the law Congress most recently renewed in 2006 relies on 40-year-old data that does not reflect racial progress and changes in U.S. society.\u003c/p>\n\u003cp>The court did not strike down the advance approval requirement of the law that has been used, mainly in the South, to open up polling places to minority voters in the nearly half century since it was first enacted in 1965. But the justices did say lawmakers must update the formula for determining which parts of the country must seek Washington's approval, in advance, for election changes.\u003c/p>\n\u003cp>Chief Justice John Roberts said for the conservative majority that Congress \"may draft another formula based on current conditions.\"\u003c/p>\n\u003cp>That task eluded Congress in 2006 when lawmakers overwhelmingly renewed the advance approval requirement with no changes in which states and local jurisdictions were covered, and Congress did nothing in response to a high court ruling in a similar challenge in 2009 in which the justices raised many of the same concerns. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The coverage formula that Congress reauthorized in 2006 ignores these developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data reflecting current needs,\" Roberts said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf\" target=\"_blank\">Read the opinion\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.montereycountyweekly.com/opinion/forum/article_9170a368-33af-5c9c-a3f9-ecdea957de36.html\" target=\"_blank\">Op-Ed: Voting Rights Act repeal would have serious consequences in Monterey County\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.hanfordsentinel.com/news/local/kings-still-punished-under-voting-rights-act/article_cb8df624-e8d3-11e1-8efd-001a4bcf887a.html\">Kings County still punished under Voting Rights Act\u003c/a> (Hanford Sentinel, 2012)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The decision means that a host of state and local laws that have not received Justice Department approval or have not yet been submitted will be able to take effect. Prominent among those are voter identification laws in Alabama and Mississippi.\u003c/p>\n\u003cp>Going forward, the outcome alters the calculus of passing election-related legislation in the affected states and local jurisdictions. The threat of an objection from Washington has hung over election-related proposals for nearly a half century. At least until Congress acts, that deterrent now is gone.\u003c/p>\n\u003cp>That prospect has worried civil rights groups which especially worry that changes on the local level might not get the same scrutiny as the actions of state legislatures.\u003c/p>\n\u003cp>Justice Ruth Bader Ginsburg, joined by her three liberal colleagues, dissented from Tuesday's ruling.\u003c/p>\n\u003cp>Ginsburg said no one doubts that voting discrimination still exists. \"But the court today terminates the remedy that proved to be best suited to block that discrimination,\" she said in a dissent that she read aloud in the packed courtroom.\u003c/p>\n\u003cp>Justice Clarence Thomas was part of the majority, but wrote separately to say again that he would have struck down the advance approval requirement itself.\u003c/p>\n\u003cp>The decision comes five months after President Barack Obama, the nation's first black chief executive, started his second term in the White House, re-elected by a diverse coalition of voters.\u003c/p>\n\u003cp>The high court is in the midst of a broad re-examination of the ongoing necessity of laws and programs aimed at giving racial minorities access to major areas of American life from which they once were systematically excluded. The justices issued a modest ruling Monday that preserved affirmative action in higher education and will take on cases dealing with anti-discrimination sections of a federal housing law and another affirmative action case from Michigan next term.\u003c/p>\n\u003cp>The court warned of problems with the voting rights law in a similar case heard in 2009. The justices averted a major constitutional ruling at that time, but Congress did nothing to address the issues the court raised. The law's opponents, sensing its vulnerability, filed several new lawsuits.\u003c/p>\n\u003cp>The latest decision came in a challenge to the advance approval, or preclearance, requirement, which was brought by Shelby County, Ala., a Birmingham suburb.\u003c/p>\n\u003cp>The lawsuit acknowledged that the measure's strong medicine was appropriate and necessary to counteract decades of state-sponsored discrimination in voting, despite the Fifteenth Amendment's guarantee of the vote for black Americans.\u003c/p>\n\u003cp>But it asked whether there was any end in sight for a provision that intrudes on states' rights to conduct elections, an issue the court's conservative justices also explored at the argument in February. It was considered an emergency response when first enacted in 1965.\u003c/p>\n\u003cp>The county noted that the 25-year extension approved in 2006 would keep some places under Washington's oversight until 2031 and seemed not to account for changes that include the elimination of racial disparity in voter registration and turnout or the existence of allegations of race-based discrimination in voting in areas of the country that are not subject to the provision.\u003c/p>\n\u003cp>The Obama administration and civil rights groups said there is a continuing need for it and pointed to the Justice Department's efforts to block voter ID laws in South Carolina and Texas last year, as well as a redistricting plan in Texas that a federal court found discriminated against the state's large and growing Hispanic population.\u003c/p>\n\u003cp>Advance approval was put into the law to give federal officials a potent tool to defeat persistent efforts to keep blacks from voting.\u003c/p>\n\u003cp>The provision was a huge success because it shifted the legal burden and required governments that were covered to demonstrate that their proposed changes would not discriminate. Congress periodically has renewed it over the years. The most recent extension was overwhelmingly approved by a Republican-led Congress and signed by President George W. Bush.\u003c/p>\n\u003cp>The requirement currently applies to the states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. It also covers certain counties in California, Florida, New York, North Carolina and South Dakota, and some local jurisdictions in Michigan. Coverage has been triggered by past discrimination not only against blacks, but also against American Indians, Asian-Americans, Alaska Natives and Hispanics.\u003c/p>\n\u003cp>Towns in New Hampshire that had been covered by the law were freed from the advance approval requirement in March. Supporters of the provision pointed to the ability to bail out of the prior approval provision to argue that the law was flexible enough to accommodate change and that the court should leave the Voting Rights Act intact.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>On Monday, the Justice Department announced an agreement that would allow Hanover County, Va., to bail out.\u003c/p>\n\n",
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"description": "WASHINGTON (AP) — The Supreme Court ruled Tuesday that a key provision of the landmark Voting Rights Act cannot be enforced unless Congress comes up with an up-to-date formula for deciding which states and localities still need federal monitoring. The justices said in 5-4 vote that the law Congress most recently renewed in 2006 relies",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure class=\"wp-caption alignleft\" style=\"max-width: 360px\">\u003cimg src=\"http://u.s.kqed.net/2013/06/25/NAACPVotingRightsActSCOTUS360.jpg\" alt=\"\" width=\"360\" height=\"237\">\u003cfigcaption class=\"wp-caption-text\">Field Director Charles White of the National Association for the Advancement of Colored People (NAACP) speaks outside the U.S. Supreme Court on June 25, 2013. The court ruled that Section 4 of the Voting Rights Act, which aimed at protecting minority voters, is unconstitutional. (Win McNamee/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>WASHINGTON (AP) — The Supreme Court ruled Tuesday that a key provision of the landmark Voting Rights Act cannot be enforced unless Congress comes up with an up-to-date formula for deciding which states and localities still need federal monitoring.\u003c/p>\n\u003cp>The justices said in 5-4 vote that the law Congress most recently renewed in 2006 relies on 40-year-old data that does not reflect racial progress and changes in U.S. society.\u003c/p>\n\u003cp>The court did not strike down the advance approval requirement of the law that has been used, mainly in the South, to open up polling places to minority voters in the nearly half century since it was first enacted in 1965. But the justices did say lawmakers must update the formula for determining which parts of the country must seek Washington's approval, in advance, for election changes.\u003c/p>\n\u003cp>Chief Justice John Roberts said for the conservative majority that Congress \"may draft another formula based on current conditions.\"\u003c/p>\n\u003cp>That task eluded Congress in 2006 when lawmakers overwhelmingly renewed the advance approval requirement with no changes in which states and local jurisdictions were covered, and Congress did nothing in response to a high court ruling in a similar challenge in 2009 in which the justices raised many of the same concerns. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The coverage formula that Congress reauthorized in 2006 ignores these developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data reflecting current needs,\" Roberts said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf\" target=\"_blank\">Read the opinion\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.montereycountyweekly.com/opinion/forum/article_9170a368-33af-5c9c-a3f9-ecdea957de36.html\" target=\"_blank\">Op-Ed: Voting Rights Act repeal would have serious consequences in Monterey County\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.hanfordsentinel.com/news/local/kings-still-punished-under-voting-rights-act/article_cb8df624-e8d3-11e1-8efd-001a4bcf887a.html\">Kings County still punished under Voting Rights Act\u003c/a> (Hanford Sentinel, 2012)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The decision means that a host of state and local laws that have not received Justice Department approval or have not yet been submitted will be able to take effect. Prominent among those are voter identification laws in Alabama and Mississippi.\u003c/p>\n\u003cp>Going forward, the outcome alters the calculus of passing election-related legislation in the affected states and local jurisdictions. The threat of an objection from Washington has hung over election-related proposals for nearly a half century. At least until Congress acts, that deterrent now is gone.\u003c/p>\n\u003cp>That prospect has worried civil rights groups which especially worry that changes on the local level might not get the same scrutiny as the actions of state legislatures.\u003c/p>\n\u003cp>Justice Ruth Bader Ginsburg, joined by her three liberal colleagues, dissented from Tuesday's ruling.\u003c/p>\n\u003cp>Ginsburg said no one doubts that voting discrimination still exists. \"But the court today terminates the remedy that proved to be best suited to block that discrimination,\" she said in a dissent that she read aloud in the packed courtroom.\u003c/p>\n\u003cp>Justice Clarence Thomas was part of the majority, but wrote separately to say again that he would have struck down the advance approval requirement itself.\u003c/p>\n\u003cp>The decision comes five months after President Barack Obama, the nation's first black chief executive, started his second term in the White House, re-elected by a diverse coalition of voters.\u003c/p>\n\u003cp>The high court is in the midst of a broad re-examination of the ongoing necessity of laws and programs aimed at giving racial minorities access to major areas of American life from which they once were systematically excluded. The justices issued a modest ruling Monday that preserved affirmative action in higher education and will take on cases dealing with anti-discrimination sections of a federal housing law and another affirmative action case from Michigan next term.\u003c/p>\n\u003cp>The court warned of problems with the voting rights law in a similar case heard in 2009. The justices averted a major constitutional ruling at that time, but Congress did nothing to address the issues the court raised. The law's opponents, sensing its vulnerability, filed several new lawsuits.\u003c/p>\n\u003cp>The latest decision came in a challenge to the advance approval, or preclearance, requirement, which was brought by Shelby County, Ala., a Birmingham suburb.\u003c/p>\n\u003cp>The lawsuit acknowledged that the measure's strong medicine was appropriate and necessary to counteract decades of state-sponsored discrimination in voting, despite the Fifteenth Amendment's guarantee of the vote for black Americans.\u003c/p>\n\u003cp>But it asked whether there was any end in sight for a provision that intrudes on states' rights to conduct elections, an issue the court's conservative justices also explored at the argument in February. It was considered an emergency response when first enacted in 1965.\u003c/p>\n\u003cp>The county noted that the 25-year extension approved in 2006 would keep some places under Washington's oversight until 2031 and seemed not to account for changes that include the elimination of racial disparity in voter registration and turnout or the existence of allegations of race-based discrimination in voting in areas of the country that are not subject to the provision.\u003c/p>\n\u003cp>The Obama administration and civil rights groups said there is a continuing need for it and pointed to the Justice Department's efforts to block voter ID laws in South Carolina and Texas last year, as well as a redistricting plan in Texas that a federal court found discriminated against the state's large and growing Hispanic population.\u003c/p>\n\u003cp>Advance approval was put into the law to give federal officials a potent tool to defeat persistent efforts to keep blacks from voting.\u003c/p>\n\u003cp>The provision was a huge success because it shifted the legal burden and required governments that were covered to demonstrate that their proposed changes would not discriminate. Congress periodically has renewed it over the years. The most recent extension was overwhelmingly approved by a Republican-led Congress and signed by President George W. Bush.\u003c/p>\n\u003cp>The requirement currently applies to the states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. It also covers certain counties in California, Florida, New York, North Carolina and South Dakota, and some local jurisdictions in Michigan. Coverage has been triggered by past discrimination not only against blacks, but also against American Indians, Asian-Americans, Alaska Natives and Hispanics.\u003c/p>\n\u003cp>Towns in New Hampshire that had been covered by the law were freed from the advance approval requirement in March. Supporters of the provision pointed to the ability to bail out of the prior approval provision to argue that the law was flexible enough to accommodate change and that the court should leave the Voting Rights Act intact.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Oakland, Alameda County to Pay $1 Million in Oscar Grant Protest Settlement",
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"content": "\u003cp>(Bay City News) A federal judge has given preliminary approval to a $1 million settlement in a lawsuit filed against the city of Oakland and Alameda County on behalf of 150 people who were arrested during a 2010 protest related to the fatal shooting of Oscar Grant III. \u003c/p>\n\u003cp>U.S. District Judge Thelton Henderson of San Francisco tentatively approved the settlement in a June 13 order and will hold a final approval hearing on Sept. 9.\u003c/p>\n\u003cp>The people were arrested during a march protesting the sentencing of former BART officer Johannes Meheserle, who fatally shot Grant, 22, of Hayward, at the Fruitvale BART station in Oakland early on New Year's Day in 2009. \u003c/p>\n\u003cp>Mehserle was convicted of involuntary manslaughter and was sentenced in November 2010 to two years in prison. He was given credit for time served and was released in June 2011.\u003c/p>\n\u003cp>The civil rights lawsuit was filed in 2011 by four protesters as a class action on behalf of the approximately 150 marchers arrested during a demonstration on Nov. 5, 2010. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Under the agreement, the four named plaintiffs will each receive $9,000; other class members who file approved claims will be given an estimated $4,500 to $5,000 each; and attorneys working with the National Lawyers Guild will be awarded $350,000 for fees and costs. \u003c/p>\n\u003cp>In a court filing, both sides told the judge, \"It is undisputed that the 150 class members were not given an order or opportunity to disperse before being penned in by police lines in the residential Oakland East Lake neighborhood, and arrested.\" \u003c/p>\n\u003cp>The protesters were placed in Sheriff's Office custody for 14 to 24 hours, and were held on buses and then in a county jail holding area before being released, according to the filing.\u003c/p>\n\u003cp>One of the plaintiffs, National Lawyers Guild legal observer Dan Spalding, said in a statement, \"We were never given a warning or a chance to leave.\u003c/p>\n\u003cp>\"I tried to tell the officers that I was a legal observer, but they handcuffed me and put me on a sheriff's bus,\" Spalding said. \u003c/p>\n\u003cp>Spalding said protesters were handcuffed and left sitting on the street and in buses for about eight hours without bathroom access. \"People urinated in their pants as we sat in the hot crowded bus,\" he said.\u003c/p>\n\u003cp>A spokesman for Oakland City Attorney Barbara Parker had no immediate comment. The proposed settlement document says the agreement is not an admission by either side about the merits of the lawsuit's claims.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The planned settlement also includes an agreement by Oakland police and the Alameda County Sheriff's Office for expedited procedures for processing and releasing people arrested at demonstrations.\u003c/p>\n\n",
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"description": "(Bay City News) A federal judge has given preliminary approval to a $1 million settlement in a lawsuit filed against the city of Oakland and Alameda County on behalf of 150 people who were arrested during a 2010 protest related to the fatal shooting of Oscar Grant III. U.S. District Judge Thelton Henderson of San",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) A federal judge has given preliminary approval to a $1 million settlement in a lawsuit filed against the city of Oakland and Alameda County on behalf of 150 people who were arrested during a 2010 protest related to the fatal shooting of Oscar Grant III. \u003c/p>\n\u003cp>U.S. District Judge Thelton Henderson of San Francisco tentatively approved the settlement in a June 13 order and will hold a final approval hearing on Sept. 9.\u003c/p>\n\u003cp>The people were arrested during a march protesting the sentencing of former BART officer Johannes Meheserle, who fatally shot Grant, 22, of Hayward, at the Fruitvale BART station in Oakland early on New Year's Day in 2009. \u003c/p>\n\u003cp>Mehserle was convicted of involuntary manslaughter and was sentenced in November 2010 to two years in prison. He was given credit for time served and was released in June 2011.\u003c/p>\n\u003cp>The civil rights lawsuit was filed in 2011 by four protesters as a class action on behalf of the approximately 150 marchers arrested during a demonstration on Nov. 5, 2010. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the agreement, the four named plaintiffs will each receive $9,000; other class members who file approved claims will be given an estimated $4,500 to $5,000 each; and attorneys working with the National Lawyers Guild will be awarded $350,000 for fees and costs. \u003c/p>\n\u003cp>In a court filing, both sides told the judge, \"It is undisputed that the 150 class members were not given an order or opportunity to disperse before being penned in by police lines in the residential Oakland East Lake neighborhood, and arrested.\" \u003c/p>\n\u003cp>The protesters were placed in Sheriff's Office custody for 14 to 24 hours, and were held on buses and then in a county jail holding area before being released, according to the filing.\u003c/p>\n\u003cp>One of the plaintiffs, National Lawyers Guild legal observer Dan Spalding, said in a statement, \"We were never given a warning or a chance to leave.\u003c/p>\n\u003cp>\"I tried to tell the officers that I was a legal observer, but they handcuffed me and put me on a sheriff's bus,\" Spalding said. \u003c/p>\n\u003cp>Spalding said protesters were handcuffed and left sitting on the street and in buses for about eight hours without bathroom access. \"People urinated in their pants as we sat in the hot crowded bus,\" he said.\u003c/p>\n\u003cp>A spokesman for Oakland City Attorney Barbara Parker had no immediate comment. The proposed settlement document says the agreement is not an admission by either side about the merits of the lawsuit's claims.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The planned settlement also includes an agreement by Oakland police and the Alameda County Sheriff's Office for expedited procedures for processing and releasing people arrested at demonstrations.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Supreme Court Decisions on Prop. 8 or DOMA Today; More Opinions Coming Tuesday",
"title": "No Supreme Court Decisions on Prop. 8 or DOMA Today; More Opinions Coming Tuesday",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_92121\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\">\u003cimg class=\"size-full wp-image-92121\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\" alt=\"People rally in front of the California Supreme Court Building after arguments were heard for and against Proposition 8 March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supporters and opponents of Proposition 8 gather in front of the California Supreme Court in San Francisco after arguments were heard for and against the measure. (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Tuesday, Jun 25\u003c/strong>: The court is \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/prop-8-supreme-court/\" target=\"_blank\">expected to issue rulings on both Proposition 8 and DOMA\u003c/a> tomorrow around 7 a.m. PT.\u003c/p>\n\u003cp>\u003cem>Previous posts\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update 7:30 a.m. \u003c/strong>The wait continues. Five rulings were released today, none of which was one of the same-sex marriage cases. The court did, however, rule on \u003ca href=\"http://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin/\" target=\"_blank\">Fisher\u003c/a>, the big affirmative action case, sending it \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/supreme-court-affirmative-action/\" target=\"_blank\">back to the lower court\u003c/a>.\u003c/p>\n\u003cp>The court also agreed to hear a challenge on recess appointments by the president.\u003c/p>\n\u003cp>\u003cstrong>SCOTUS has added tomorrow, Tuesday, as an extra opinion-release day\u003c/strong>. Six undecided cases remain.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>While you wait on tomorrow's action, here are four \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/what-happens-after-prop-8-ruling\" target=\"_blank\">possible legal scenarios around the Prop. 8 ruling\u003c/a>:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under the federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California, unless another state proposition overturns Prop. 8.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Legal analyst Vikram Amar \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">told KQED's Scott Shafer earlier this month\u003c/a> that a broad decision declaring a fundamental nationwide right to same-sex marriage is highly unlikely. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>SCOTUSblog also has a good \u003ca href=\"http://www.scotusblog.com/2013/06/waiting-on-proposition-8-and-doma-decisions-in-plain-english/#more-165587\" target=\"_blank\">analysis\u003c/a> of both the Prop. 8 and DOMA cases.\u003c/p>\n\u003cp>It should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. Last week, state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n",
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"description": "Update Tuesday, Jun 25: The court is expected to issue rulings on both Proposition 8 and DOMA tomorrow around 7 a.m. PT. Previous posts Update 7:30 a.m. The wait continues. Five rulings were released today, none of which was one of the same-sex marriage cases. The court did, however, rule on Fisher, the big affirmative",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_92121\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\">\u003cimg class=\"size-full wp-image-92121\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\" alt=\"People rally in front of the California Supreme Court Building after arguments were heard for and against Proposition 8 March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supporters and opponents of Proposition 8 gather in front of the California Supreme Court in San Francisco after arguments were heard for and against the measure. (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Tuesday, Jun 25\u003c/strong>: The court is \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/prop-8-supreme-court/\" target=\"_blank\">expected to issue rulings on both Proposition 8 and DOMA\u003c/a> tomorrow around 7 a.m. PT.\u003c/p>\n\u003cp>\u003cem>Previous posts\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update 7:30 a.m. \u003c/strong>The wait continues. Five rulings were released today, none of which was one of the same-sex marriage cases. The court did, however, rule on \u003ca href=\"http://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin/\" target=\"_blank\">Fisher\u003c/a>, the big affirmative action case, sending it \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/supreme-court-affirmative-action/\" target=\"_blank\">back to the lower court\u003c/a>.\u003c/p>\n\u003cp>The court also agreed to hear a challenge on recess appointments by the president.\u003c/p>\n\u003cp>\u003cstrong>SCOTUS has added tomorrow, Tuesday, as an extra opinion-release day\u003c/strong>. Six undecided cases remain.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While you wait on tomorrow's action, here are four \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/what-happens-after-prop-8-ruling\" target=\"_blank\">possible legal scenarios around the Prop. 8 ruling\u003c/a>:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under the federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California, unless another state proposition overturns Prop. 8.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Legal analyst Vikram Amar \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">told KQED's Scott Shafer earlier this month\u003c/a> that a broad decision declaring a fundamental nationwide right to same-sex marriage is highly unlikely. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>SCOTUSblog also has a good \u003ca href=\"http://www.scotusblog.com/2013/06/waiting-on-proposition-8-and-doma-decisions-in-plain-english/#more-165587\" target=\"_blank\">analysis\u003c/a> of both the Prop. 8 and DOMA cases.\u003c/p>\n\u003cp>It should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. Last week, state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Sends Texas Affirmative Action Case Back to Lower Court",
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"content": "\u003cp>WASHINGTON (AP) — The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.\u003c/p>\n\u003cp>The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.\u003c/p>\n\u003cfigure id=\"attachment_100961\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5211_153854696-scr-300x197.jpg\" alt=\" Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\" width=\"300\" height=\"197\">\u003cfigcaption class=\"wp-caption-text\">Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Justice Anthony Kennedy, writing for the court, said a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.\u003c/p>\n\u003cp>The compromise ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan.\u003c/p>\n\u003cp>Kennedy said the appeals court did not test the Texas plan under the most exacting level of judicial review.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said such a test is required by the court's 2003 decision upholding affirmative action in higher education.\u003c/p>\n\u003cp>Justice Ruth Bader Ginsburg was the lone dissenter. \u003c!--more-->\u003c/p>\n\u003cp>Justice Clarence Thomas, alone on the court, said he would have overturned the high court's 2003 ruling.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://blogs.kqed.org/lowdown/2013/06/21/what-is-the-future-of-affirmative-action/\" target=\"_blank\">\u003cstrong>What is the Future of Affirmative Action\u003c/strong>\u003c/a> (The Lowdown)\u003c/aside>\n\u003cp>Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.\u003c/p>\n\u003cp>Abigail Fisher, a white Texan, sued the university after she was denied a spot in 2008. She has since received her undergraduate degree from Louisiana State University.\u003c/p>\n\u003cp>The challenge to the Texas plan gained traction in part because the makeup of the court has changed since the last time the justices ruled on affirmative action in higher education in 2003. Then, Justice Sandra O'Connor wrote the majority opinion that held that colleges and universities can use race in their quest for diverse student bodies.\u003c/p>\n\u003cp>O'Connor retired in 2006, and her replacement, Justice Samuel Alito, has shown himself to be more skeptical of considerations of race in education.\u003c/p>\n\u003cp>Another factor fueling Fisher's lawsuit was that the university has produced significant diversity by automatically offering about three-quarters of its spots to graduates in the top 10 percent of their Texas high schools, under a 1990s state law signed by then-Gov. George W. Bush. The admissions program has been changed so that now only the top 8 percent gain automatic admission.\u003c/p>\n\u003cp>More than 8 in 10 African-American and Latino students who enrolled at the flagship campus in Austin in 2011 were automatically admitted, according to university statistics. Even among the rest, both sides acknowledge that the use of race is modest.\u003c/p>\n\u003cp>In all, black and Hispanic students made up more than a quarter of the incoming freshmen class. White students constituted less than half the entering class when students with Asian backgrounds and other minorities were added in.\u003c/p>\n\u003cp>The university said the extra measure of diversity it gets from the slots outside automatic admission is crucial because too many of its classrooms have only token minority representation, at best. At the same time, Texas argued that race is one of many factors considered and that whether race played the key role in any applicant's case was impossible to tell.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Obama administration, 57 of the Fortune 100 companies and large numbers of public and private colleges that feared a broad ruling against affirmative action backed the Texas program. Among the benefits of affirmative action, the administration said, is that it creates a pipeline for a diverse officer corps that it called \"essential to the military's operational readiness.\" In 2003, the court cited the importance of a similar message from military leaders.\u003c/p>\n\n",
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"description": "WASHINGTON (AP) — The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look. The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions. Justice Anthony Kennedy, writing for the court, said",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>WASHINGTON (AP) — The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.\u003c/p>\n\u003cp>The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.\u003c/p>\n\u003cfigure id=\"attachment_100961\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5211_153854696-scr-300x197.jpg\" alt=\" Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\" width=\"300\" height=\"197\">\u003cfigcaption class=\"wp-caption-text\">Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Justice Anthony Kennedy, writing for the court, said a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.\u003c/p>\n\u003cp>The compromise ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan.\u003c/p>\n\u003cp>Kennedy said the appeals court did not test the Texas plan under the most exacting level of judicial review.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said such a test is required by the court's 2003 decision upholding affirmative action in higher education.\u003c/p>\n\u003cp>Justice Ruth Bader Ginsburg was the lone dissenter. \u003c!--more-->\u003c/p>\n\u003cp>Justice Clarence Thomas, alone on the court, said he would have overturned the high court's 2003 ruling.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://blogs.kqed.org/lowdown/2013/06/21/what-is-the-future-of-affirmative-action/\" target=\"_blank\">\u003cstrong>What is the Future of Affirmative Action\u003c/strong>\u003c/a> (The Lowdown)\u003c/aside>\n\u003cp>Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.\u003c/p>\n\u003cp>Abigail Fisher, a white Texan, sued the university after she was denied a spot in 2008. She has since received her undergraduate degree from Louisiana State University.\u003c/p>\n\u003cp>The challenge to the Texas plan gained traction in part because the makeup of the court has changed since the last time the justices ruled on affirmative action in higher education in 2003. Then, Justice Sandra O'Connor wrote the majority opinion that held that colleges and universities can use race in their quest for diverse student bodies.\u003c/p>\n\u003cp>O'Connor retired in 2006, and her replacement, Justice Samuel Alito, has shown himself to be more skeptical of considerations of race in education.\u003c/p>\n\u003cp>Another factor fueling Fisher's lawsuit was that the university has produced significant diversity by automatically offering about three-quarters of its spots to graduates in the top 10 percent of their Texas high schools, under a 1990s state law signed by then-Gov. George W. Bush. The admissions program has been changed so that now only the top 8 percent gain automatic admission.\u003c/p>\n\u003cp>More than 8 in 10 African-American and Latino students who enrolled at the flagship campus in Austin in 2011 were automatically admitted, according to university statistics. Even among the rest, both sides acknowledge that the use of race is modest.\u003c/p>\n\u003cp>In all, black and Hispanic students made up more than a quarter of the incoming freshmen class. White students constituted less than half the entering class when students with Asian backgrounds and other minorities were added in.\u003c/p>\n\u003cp>The university said the extra measure of diversity it gets from the slots outside automatic admission is crucial because too many of its classrooms have only token minority representation, at best. At the same time, Texas argued that race is one of many factors considered and that whether race played the key role in any applicant's case was impossible to tell.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Obama administration, 57 of the Fortune 100 companies and large numbers of public and private colleges that feared a broad ruling against affirmative action backed the Texas program. Among the benefits of affirmative action, the administration said, is that it creates a pipeline for a diverse officer corps that it called \"essential to the military's operational readiness.\" In 2003, the court cited the importance of a similar message from military leaders.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"order": 9
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"id": "fresh-air",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"order": 18
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"source": "American Public Media"
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"rss": "https://rss.art19.com/masters-of-scale"
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},
"mindshift": {
"id": "mindshift",
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"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"meta": {
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"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"order": 11
},
"link": "/podcasts/onourwatch",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
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},
"link": "/radio/program/on-the-media",
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"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
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},
"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
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},
"perspectives": {
"id": "perspectives",
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"order": 14
},
"link": "/perspectives",
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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"rss": "https://feeds.npr.org/510289/podcast.xml"
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"amazon": "https://music.amazon.com/podcasts/e0c2d153-ad36-4c8d-901d-f1da6a724824/political-breakdown",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
"meta": {
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"source": "Possible"
},
"link": "/radio/program/possible",
"subscribe": {
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
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