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"content": "\u003cp>It often pays to have friends in high places. In San Francisco, that goes double for nonprofits that call themselves \"friends.\"\u003c/p>\n\u003cp>A new \u003ca href=\"https://sfcontroller.org/sites/default/files/Documents/Auditing/Public%20Integrity%20Review%20-%20Non-City%20Organizations%2009.24.20.pdf\">report\u003c/a> from the San Francisco City Controller's Office, in conjunction with the City Attorney's Office, skewers a system where city departments — like Public Works — form relationships with nonprofit organizations that raise philanthropic dollars for issues related to that department, saying it's rife with opportunity for corruption.\u003c/p>\n\u003cp>Often these organizations are called \"friends\" organizations, like Friends of the Library, or Friends of City Planning. All told, the report found that 33 out of 56 San Francisco city departments benefit from these kinds of nonprofit organizations, which between them have 588 accounts spent on city activities.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Dennis Herrera, San Francisco city attorney\"]'This report makes it clear that pay-to-play has been happening in our city.'[/pullquote]\u003c/p>\n\u003cp>Those nonprofits have looser transparency requirements, creating a \"pay-to-play\" environment where city department heads could potentially ask city contractors they oversee to donate to the nonprofit, creating a risk that department head would be influenced by that spending when deciding to award multi-million-dollar city contracts.\u003c/p>\n\u003cp>The nonprofit could then disburse those funds to be used for city staff appreciation parties in ways that would have otherwise violated city law — if done transparently — or on pet projects of that department head.\u003c/p>\n\u003cp>That may have already happened.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Controller's Office found at least one of these organizations, the San Francisco Parks Alliance, took roughly $1 million in donations from a number of city contractors which were under investigation by the City Attorney's Office for funneling money to the Public Works department for lavish parties, at the behest of former Public Works Director \u003ca href=\"https://www.kqed.org/news/tag/mohammed-nuru/\">Mohammed Nuru\u003c/a>, who was arrested by the FBI in January on corruption charges.\u003c/p>\n\u003cp>Those city contractors include the SF Clean City Coalition, Recology, PG&E, Clark Construction, Webcor Construction and Pankow Construction. They collectively donated $966,000 to the Parks Alliance into a Public Works-specific account — funds Nuru was able to freely direct, and sometimes himself was paid from — according to the report. Those same contractors were awarded more than $570 million in city contracts by the Public Works Department, according to the report.\u003c/p>\n\u003cp>City Attorney Dennis Herrera \u003ca href=\"https://www.sfcityattorney.org/2020/02/12/city-attorney-subpoenas-8-organizations-in-widening-public-corruption-investigation/\">issued subpoenas\u003c/a> investigating those same city contractors in February, in connection with the ongoing corruption scandal that first ensnared Nuru, but has only grown in the following months.\u003c/p>\n\u003cp>Nuru and others would direct staff to pay for goods and services for staff appreciation, volunteer programs, merchandise, community support and events from specific vendors, \"circumventing city purchasing controls,\" the report found. These purchases would then be reimbursed through Public Works accounts held by the Parks Alliance \"outside of city purchasing rules.\" Nuru would solicit those funds from contractors whose city contracts Nuru oversaw.\u003c/p>\n\u003cp>“This report makes it clear that pay-to-play has been happening in our city. We are putting a stop to it,” City Attorney Dennis Herrera said, in a statement. “City officials cannot work behind the scenes with City contractors to benefit their departments and use other entities to cloak those efforts.\"\u003c/p>\n\u003cp>Drew Becher, CEO of the San Francisco Parks Alliance, expressed shock at the city's findings.\u003c/p>\n\u003cp>\"Like everyone, we were outraged to learn of the public corruption in our local government,” Becher said, in a statement. “We did not benefit in any way nor had any control over the donations that Nuru and Public Works solicited and directed to the sub-account, as the report states. We are a trusted partner to many community groups and city departments and welcome any and all actions that bring more transparency and oversight to ensure the public’s trust.”\u003c/p>\n\u003cp>Nuru was arrested by the FBI in January and accused of attempting to bribe an airport official. Just last week, two city contractors pleaded guilty to bribing Nuru with the construction of his vacation home and a $36,000 gold Rolex watch in exchange for help in obtaining city contracts.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='mohammed-nuru']At the behest of Nuru, the Parks Alliance also directed $66,000 to entities whose figureheads were also arrested by the FBI in connection with Nuru's corruption scandal, permit expediter Walter Wong and Nick Bovis, the owner of Lefty O'Doul's.\u003c/p>\n\u003cp>When they're working as they're supposed to, these \"friends of\" organizations may help put on an outdoor movie night for the public or help build park trails.\u003c/p>\n\u003cp>But they're also rife with opportunity for abuse, the report found.\u003c/p>\n\u003cp>“While philanthropic organizations provide tangible benefits to all of our residents, abuses in these relationships undermine the important role they play,\" said Controller Ben Rosenfield, in a statement. \"When gifts are solicited from those that do business with the City, it creates a risk to fair and transparent public processes. We have put forward actionable recommendations to correct loopholes that seemingly normalize unethical practices that undermine faith in public actions.”\u003c/p>\n\u003cp>Following the release of the report, Mayor London Breed announced an executive order to address the recommendations in the report.\u003c/p>\n\u003cp>City department heads will now be required to reveal when they solicit donations to nonprofits — like the \"friends of\" organizations — and for city departments to formalize their relationships with these nonprofits, which would legally require those groups to boast greater transparency.\u003c/p>\n\u003cp>Breed's order also requires more transparency from city officers in accepting gifts.\u003c/p>\n\u003cp>Supervisor Matt Haney also plans to introduce legislation next week that will go further than the mayor's order, explicitly banning department heads from asking any person or party doing business with their department for donations, among other changes.\u003c/p>\n\u003cp>Haney called Public Works actions \"inappropriate behavior\" and said the department \"is clearly out of control.\" Haney argued this also showed a clear need for his ballot measure Proposition B in San Francisco, which would create an oversight body for Public Works, and place some of its street maintenance duties with a new Department of Sanitation and Streets.\u003c/p>\n\u003cp>The city's corruption scandal investigation is ongoing. The City Controller's Office and City Attorney's Office report into city ethics \u003ca href=\"https://www.kqed.org/news/11826653/bad-policies-and-practices-report-highlights-weak-sf-laws-that-enable-public-corruption\">is the second to be released this year\u003c/a>.\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement provided by the San Francisco Parks Alliance on Sept. 25.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Controller's Office found at least one of these organizations, the San Francisco Parks Alliance, took roughly $1 million in donations from a number of city contractors which were under investigation by the City Attorney's Office for funneling money to the Public Works department for lavish parties, at the behest of former Public Works Director \u003ca href=\"https://www.kqed.org/news/tag/mohammed-nuru/\">Mohammed Nuru\u003c/a>, who was arrested by the FBI in January on corruption charges.\u003c/p>\n\u003cp>Those city contractors include the SF Clean City Coalition, Recology, PG&E, Clark Construction, Webcor Construction and Pankow Construction. They collectively donated $966,000 to the Parks Alliance into a Public Works-specific account — funds Nuru was able to freely direct, and sometimes himself was paid from — according to the report. Those same contractors were awarded more than $570 million in city contracts by the Public Works Department, according to the report.\u003c/p>\n\u003cp>City Attorney Dennis Herrera \u003ca href=\"https://www.sfcityattorney.org/2020/02/12/city-attorney-subpoenas-8-organizations-in-widening-public-corruption-investigation/\">issued subpoenas\u003c/a> investigating those same city contractors in February, in connection with the ongoing corruption scandal that first ensnared Nuru, but has only grown in the following months.\u003c/p>\n\u003cp>Nuru and others would direct staff to pay for goods and services for staff appreciation, volunteer programs, merchandise, community support and events from specific vendors, \"circumventing city purchasing controls,\" the report found. These purchases would then be reimbursed through Public Works accounts held by the Parks Alliance \"outside of city purchasing rules.\" Nuru would solicit those funds from contractors whose city contracts Nuru oversaw.\u003c/p>\n\u003cp>“This report makes it clear that pay-to-play has been happening in our city. We are putting a stop to it,” City Attorney Dennis Herrera said, in a statement. “City officials cannot work behind the scenes with City contractors to benefit their departments and use other entities to cloak those efforts.\"\u003c/p>\n\u003cp>Drew Becher, CEO of the San Francisco Parks Alliance, expressed shock at the city's findings.\u003c/p>\n\u003cp>\"Like everyone, we were outraged to learn of the public corruption in our local government,” Becher said, in a statement. “We did not benefit in any way nor had any control over the donations that Nuru and Public Works solicited and directed to the sub-account, as the report states. We are a trusted partner to many community groups and city departments and welcome any and all actions that bring more transparency and oversight to ensure the public’s trust.”\u003c/p>\n\u003cp>Nuru was arrested by the FBI in January and accused of attempting to bribe an airport official. Just last week, two city contractors pleaded guilty to bribing Nuru with the construction of his vacation home and a $36,000 gold Rolex watch in exchange for help in obtaining city contracts.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>At the behest of Nuru, the Parks Alliance also directed $66,000 to entities whose figureheads were also arrested by the FBI in connection with Nuru's corruption scandal, permit expediter Walter Wong and Nick Bovis, the owner of Lefty O'Doul's.\u003c/p>\n\u003cp>When they're working as they're supposed to, these \"friends of\" organizations may help put on an outdoor movie night for the public or help build park trails.\u003c/p>\n\u003cp>But they're also rife with opportunity for abuse, the report found.\u003c/p>\n\u003cp>“While philanthropic organizations provide tangible benefits to all of our residents, abuses in these relationships undermine the important role they play,\" said Controller Ben Rosenfield, in a statement. \"When gifts are solicited from those that do business with the City, it creates a risk to fair and transparent public processes. We have put forward actionable recommendations to correct loopholes that seemingly normalize unethical practices that undermine faith in public actions.”\u003c/p>\n\u003cp>Following the release of the report, Mayor London Breed announced an executive order to address the recommendations in the report.\u003c/p>\n\u003cp>City department heads will now be required to reveal when they solicit donations to nonprofits — like the \"friends of\" organizations — and for city departments to formalize their relationships with these nonprofits, which would legally require those groups to boast greater transparency.\u003c/p>\n\u003cp>Breed's order also requires more transparency from city officers in accepting gifts.\u003c/p>\n\u003cp>Supervisor Matt Haney also plans to introduce legislation next week that will go further than the mayor's order, explicitly banning department heads from asking any person or party doing business with their department for donations, among other changes.\u003c/p>\n\u003cp>Haney called Public Works actions \"inappropriate behavior\" and said the department \"is clearly out of control.\" Haney argued this also showed a clear need for his ballot measure Proposition B in San Francisco, which would create an oversight body for Public Works, and place some of its street maintenance duties with a new Department of Sanitation and Streets.\u003c/p>\n\u003cp>The city's corruption scandal investigation is ongoing. The City Controller's Office and City Attorney's Office report into city ethics \u003ca href=\"https://www.kqed.org/news/11826653/bad-policies-and-practices-report-highlights-weak-sf-laws-that-enable-public-corruption\">is the second to be released this year\u003c/a>.\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement provided by the San Francisco Parks Alliance on Sept. 25.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Lots of Drugs, Lax Oversight: Former SF Medical Examiner Staffers Say Lab Analyst's Meth Arrest 'Just the Tip of the Iceberg'",
"title": "Lots of Drugs, Lax Oversight: Former SF Medical Examiner Staffers Say Lab Analyst's Meth Arrest 'Just the Tip of the Iceberg'",
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"content": "\u003cp>A lab analyst for the San Francisco medical examiner's office had driven more than 700 miles east toting a sealed bag of drug evidence before he was pulled over for speeding in Washington County, Utah.\u003c/p>\n\u003cp>During the Aug. 31 traffic stop, sheriff’s deputies discovered a bag containing “a large crystal looking item,” along with other baggies with suspected crystal meth and white powder.[pullquote size=\"medium\" align=\"right\" citation=\"Former employee of the San Francisco medical examiner's office\"]‘Mr. Volk is just the tip of the iceberg with respect to poor management and bad forensic policy. He is a reflection of the unregulated, and unmonitored management at the office.’[/pullquote]\u003c/p>\n\u003cp>Deputies also found suspected meth pipes and 14 unidentified pills elsewhere in the car. There was also paperwork from the San Francisco Office of the Chief Medical Examiner. The analyst, Justin Volk, was arrested and charged with a misdemeanor for possession and intent to distribute drugs.\u003c/p>\n\u003cp>Several former employees of the San Francisco medical examiner said the apparent theft of drug evidence should have been prevented by the office’s own protocols.\u003c/p>\n\u003cp>Those procedures, however, were not followed in recent years, according to two former employees who worked with Volk. Each one spoke to KQED on the condition of anonymity because they feared that speaking out could lead to reprisal in their current jobs.\u003c/p>\n\u003cp>The former colleagues who worked at the toxicology lab until recently said the lab’s supervisors allowed illicit drugs to pile up in the evidence room, let protocols lapse designed to prevent evidence mishandling and ignored Volk’s increasingly erratic behavior.\u003c/p>\n\u003cp>“Mr. Volk is just the tip of the iceberg with respect to poor management and bad forensic policy,” one former employee said. “He is a reflection of the unregulated and unmonitored management at the office.”\u003c/p>\n\u003cp>Volk is on administrative leave and under investigation, according to the city administrator’s office, which oversees the medical examiner.\u003c/p>\n\u003ch3>\u003cstrong>Failure to Secure and Destroy Illicit Drugs\u003c/strong>\u003c/h3>\n\u003cp>When a person dies in a sudden, violent or unexpected way, investigators for the medical examiner’s office often collect and store any drugs found at the scene.\u003c/p>\n\u003cp>Security for that kind of evidence is crucial, according to Dr. Nikolas Lemos, the former chief toxicologist for the office, who established rules when he was hired in 2003 on how to treat drug evidence.\u003c/p>\n\u003cp>“We actually implemented very strict protocols for the medical examiner's investigators to account for every pill, every syringe, every crystal they brought into the office,” Lemos said.\u003c/p>\n\u003cp>[aside postID=\"news_11820340,news_11670624,news_11638866\" label=\"More on Death Investigations From Julie Small\" target=\"_blank\"]Investigators were supposed to create an inventory of the drugs, seal them into ziplock bags and drop them into a secure slot that could only be opened by technicians in the toxicology lab.\u003c/p>\n\u003cp>During Lemos’ tenure, two lab employees had to be present to retrieve the drugs from the locker, and they were supervised in the process.\u003c/p>\n\u003cp>“I was always present when junior staff were removing medications and pills,” Lemos said. “I was pretty much like a hawk because I knew that the temptation is great. And the fact is that without supervision, you could just mishandle the evidence.”\u003c/p>\n\u003cp>The protocols also included boxing up the evidence and in most cases setting a date for destruction after a year.\u003c/p>\n\u003cp>All of this took place in the lab, in plain sight of staff.\u003c/p>\n\u003cp>Lemos said the protocols were designed to prevent even well-trusted staff members from having access to drug evidence without supervision.\u003c/p>\n\u003cp>“I cannot imagine a worse situation than when you are about to destroy medications or pills or drugs, you let somebody into the vault by themselves and they just take whatever they want,” Lemos said. “The supervisor and the chief toxicologist both should be there, taking turns, hands-on supervising this process from start to end.”\u003c/p>\n\u003cp>Lemos resigned in 2016, alleging that he had been been pressured by supervisors to engage in “unlawful practices” at the office. He \u003ca href=\"https://www.ebar.com/news/news//266275\" target=\"_blank\" rel=\"noopener noreferrer\">reached a $100,000 settlement\u003c/a> with San Francisco in 2018 for wrongful termination.\u003c/p>\n\u003cp>According to one source, the office abandoned many of Lemos’ protocols after he left.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Erratic Attendance\u003c/strong>\u003c/h3>\n\u003cp>Former colleagues said that Volk’s immediate supervisors, Dr. Luke Rodda and Sue Pearring, had received a number of complaints about the lab technician’s behavior over the last three years.\u003c/p>\n\u003cp>Whistleblower complaints about specific incidents of lax oversight at the lab, such as the illegal transport of drug evidence in 2017, had also been filed with the city controller, according to a former employee, but no disciplinary action was taken.\u003c/p>\n\u003cp>KQED sent a list of the former employees' specific allegations to the city administrator's office, the city's chief medical examiner, the city controller and Rodda and Pearring. None commented on those allegations.\u003c/p>\n\u003cp>The city administrator deferred questions about the toxicology lab’s protocols for drug disposal to the city controller, which launched a review of drug evidence procedures after Volk’s arrest. The controller is expected to make the findings of that review publicly available in mid-October.\u003c/p>\n\u003cp>The medical examiner’s current \u003ca href=\"https://www.documentcloud.org/documents/7213861-San-Francisco-Office-of-the-Chief-Medical.html\" target=\"_blank\" rel=\"noopener noreferrer\">protocols\u003c/a> require that two staff members log and sort drug evidence. After a year, that evidence should be “sorted and sent for disposal” by a pair of employees with different job classifications.[pullquote size=\"medium\" align=\"right\"]Despite repeated complaints to management about how Volk was forcing other employees to pick up the slack, his erratic behavior appeared to former employees to go unpunished.[/pullquote]Volk worked at the lab for 13 years, and during most of that time carried his own workload and got along well with his colleagues, two former co-workers said. But three years ago, his behavior began to change.\u003c/p>\n\u003cp>Sources close to Volk, including someone who helped train him, said that he was chronically tardy, arriving to work hours late on multiple days of the week, and that he would disappear for hours in the middle of his shift.\u003c/p>\n\u003cp>Despite repeated complaints to management about how Volk was forcing other employees to pick up the slack, his erratic behavior appeared to former employees to go unpunished.\u003c/p>\n\u003cp>Volk was at one point required to clock in for his shifts, but that “did not change the behavior,” the former employee said.\u003c/p>\n\u003cp>The employees were not aware of any other actions taken by supervisors to address problems with Volk.\u003c/p>\n\u003ch3>\u003cstrong>Access to Drug Evidence Without Oversight\u003c/strong>\u003c/h3>\n\u003cp>Volk was “highly favored,” according to former co-workers, who said supervisors allowed him to work alone in the toxicology lab outside of normal work hours, including on weekends. Other lab employees were told they had to get approval in advance to do that and could not enter the lab alone.\u003c/p>\n\u003cp>One section of the toxicology lab contains cubicles and offices. Toxicologists perform tests in another section, and a third, glass-enclosed room holds evidence, including illicit drugs. The evidence room is locked, according to former employees, but anyone with a badge to enter the lab can open it.\u003c/p>\n\u003cp>“During the week, there are plenty of people around who might observe someone going into the evidence stacks,” one source said, “but on the weekend, a person could retrieve drugs from evidence without being detected.”\u003c/p>\n\u003cp>Another source said that a security camera in the evidence room was not focused on the section where the drugs were kept.\u003c/p>\n\u003ch3>\u003cstrong>Backlog of Controlled Substances\u003c/strong>\u003c/h3>\n\u003cp>The scheduled destruction of drugs also fell by the wayside after Lemos’ departure, according to former staff.\u003c/p>\n\u003cp>“Pharmaceutical is actual evidence,” one former staff member said. “It wasn’t anything that was regularly tested by the lab, and ultimately just sat there and was an afterthought.”\u003c/p>\n\u003cp>The lab was moved to a new facility in 2017, and drugs that were no longer required to be stored were destroyed before the move.\u003c/p>\n\u003cp>That was the last time any drug evidence was destroyed, according to staff.\u003c/p>\n\u003cfigure id=\"attachment_11838978\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11838978\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026.jpg\" alt=\"\" width=\"1920\" height=\"1303\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-1536x1042.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The San Francisco medical examiner's office has been under fire in recent years for a large backlog in death investigations and the loss of its accreditation. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It's been three or four years since anything has been tossed out,” one former toxicologist said. “We shouldn't have a room piling up full of illicit drugs. We know that there's a lure to having that kind of stuff on hand and we just don't want to hold on to it any longer than we have to.”\u003c/p>\n\u003cp>Workers said they repeatedly urged lab supervisors Rodda and Pearring to destroy the drug evidence that was years past the date required for storage. The task was “not a priority for the office,” they were told.\u003c/p>\n\u003ch3>\u003cstrong>High Turnover\u003c/strong>\u003c/h3>\n\u003cp>A number of high-ranking people within the medical examiner’s office have resigned in the last decade over complaints of mismanagement and poor standards.\u003c/p>\n\u003cp>In 2013, death investigations were lagging, and some families were waiting six months to a year for results.\u003c/p>\n\u003cp>The office lost its accreditation with the National Association of Medical Examiners in January 2017.\u003c/p>\n\u003cp>Dr. Judy Melinek, a forensic pathologist, quit working for the office several years ago because, she says, the morale was low at the time and the credibility of the office had suffered.\u003c/p>\n\u003cp>“I left, because I saw that it was going to impact not just my work product, but my reputation,” Melinek said.\u003c/p>\n\u003cp>She continued, “The repeated problems are management problems. At some point, we have to either have a grand jury inquiry or someone has to look into the operations of the office and make major changes, because this seems to come up every few years.”\u003c/p>\n\u003cp>Following the arrest of Volk, San Francisco Public Defender Manohar Raju demanded a review of all criminal cases and convictions that relied on lab work performed by the accused lab analyst.\u003c/p>\n\u003cp>“Justice simply cannot happen when the Medical Examiner’s employees — tasked with providing objective and unbiased scientific evidence and opinion — lack integrity,” Raju said in a statement on Sept. 11.\u003c/p>\n\u003cp>In a letter that same day to San Francisco Mayor London Breed, District Attorney Chesa Boudin estimated that Volk was involved in “testing, collection and preservation of evidence in more than 2,500 law enforcement investigations” comprised of 500 death investigations, 1,200 sexual assault cases and 800 DUI investigations.\u003c/p>\n\u003cp>A spokesperson for the DA said Monday that the office is still investigating the Volk case.\u003c/p>\n\u003cp>\"Our office’s ability to prosecute cases is substantially undermined when individual law enforcement officers, or staff at the medical examiner’s office, engage in serious or potentially criminal misconduct,” the DA's office said in a statement after Volk’s arrest.\u003c/p>\n\u003cp>Boudin requested a supplemental budget appropriation of $455,731 to “review every case this analyst was involved in to ensure that no conviction or punishment has been improperly tainted,” and to handle an anticipated surge of appeals of prior convictions.\u003c/p>\n\u003cp>San Francisco Supervisor Aaron Peskin has called for a hearing to consider ways to restructure the medical examiner’s office to strengthen the integrity and efficiency of death investigations in San the city.\u003c/p>\n\u003cp>“There is no question that problems in the medical examiner's office have plagued San Francisco now for many years,” Peskin said. “It is time to bring about structural reform.”\u003c/p>\n\u003cp>Volk posted $10,000 bail the same day he was arrested in Utah and was released.\u003c/p>\n\u003cp>The San Francisco DA has so far not charged Volk with any crimes that may have occurred in the city.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A lab analyst for the San Francisco medical examiner's office had driven more than 700 miles east toting a sealed bag of drug evidence before he was pulled over for speeding in Washington County, Utah.\u003c/p>\n\u003cp>During the Aug. 31 traffic stop, sheriff’s deputies discovered a bag containing “a large crystal looking item,” along with other baggies with suspected crystal meth and white powder.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Deputies also found suspected meth pipes and 14 unidentified pills elsewhere in the car. There was also paperwork from the San Francisco Office of the Chief Medical Examiner. The analyst, Justin Volk, was arrested and charged with a misdemeanor for possession and intent to distribute drugs.\u003c/p>\n\u003cp>Several former employees of the San Francisco medical examiner said the apparent theft of drug evidence should have been prevented by the office’s own protocols.\u003c/p>\n\u003cp>Those procedures, however, were not followed in recent years, according to two former employees who worked with Volk. Each one spoke to KQED on the condition of anonymity because they feared that speaking out could lead to reprisal in their current jobs.\u003c/p>\n\u003cp>The former colleagues who worked at the toxicology lab until recently said the lab’s supervisors allowed illicit drugs to pile up in the evidence room, let protocols lapse designed to prevent evidence mishandling and ignored Volk’s increasingly erratic behavior.\u003c/p>\n\u003cp>“Mr. Volk is just the tip of the iceberg with respect to poor management and bad forensic policy,” one former employee said. “He is a reflection of the unregulated and unmonitored management at the office.”\u003c/p>\n\u003cp>Volk is on administrative leave and under investigation, according to the city administrator’s office, which oversees the medical examiner.\u003c/p>\n\u003ch3>\u003cstrong>Failure to Secure and Destroy Illicit Drugs\u003c/strong>\u003c/h3>\n\u003cp>When a person dies in a sudden, violent or unexpected way, investigators for the medical examiner’s office often collect and store any drugs found at the scene.\u003c/p>\n\u003cp>Security for that kind of evidence is crucial, according to Dr. Nikolas Lemos, the former chief toxicologist for the office, who established rules when he was hired in 2003 on how to treat drug evidence.\u003c/p>\n\u003cp>“We actually implemented very strict protocols for the medical examiner's investigators to account for every pill, every syringe, every crystal they brought into the office,” Lemos said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Investigators were supposed to create an inventory of the drugs, seal them into ziplock bags and drop them into a secure slot that could only be opened by technicians in the toxicology lab.\u003c/p>\n\u003cp>During Lemos’ tenure, two lab employees had to be present to retrieve the drugs from the locker, and they were supervised in the process.\u003c/p>\n\u003cp>“I was always present when junior staff were removing medications and pills,” Lemos said. “I was pretty much like a hawk because I knew that the temptation is great. And the fact is that without supervision, you could just mishandle the evidence.”\u003c/p>\n\u003cp>The protocols also included boxing up the evidence and in most cases setting a date for destruction after a year.\u003c/p>\n\u003cp>All of this took place in the lab, in plain sight of staff.\u003c/p>\n\u003cp>Lemos said the protocols were designed to prevent even well-trusted staff members from having access to drug evidence without supervision.\u003c/p>\n\u003cp>“I cannot imagine a worse situation than when you are about to destroy medications or pills or drugs, you let somebody into the vault by themselves and they just take whatever they want,” Lemos said. “The supervisor and the chief toxicologist both should be there, taking turns, hands-on supervising this process from start to end.”\u003c/p>\n\u003cp>Lemos resigned in 2016, alleging that he had been been pressured by supervisors to engage in “unlawful practices” at the office. He \u003ca href=\"https://www.ebar.com/news/news//266275\" target=\"_blank\" rel=\"noopener noreferrer\">reached a $100,000 settlement\u003c/a> with San Francisco in 2018 for wrongful termination.\u003c/p>\n\u003cp>According to one source, the office abandoned many of Lemos’ protocols after he left.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Erratic Attendance\u003c/strong>\u003c/h3>\n\u003cp>Former colleagues said that Volk’s immediate supervisors, Dr. Luke Rodda and Sue Pearring, had received a number of complaints about the lab technician’s behavior over the last three years.\u003c/p>\n\u003cp>Whistleblower complaints about specific incidents of lax oversight at the lab, such as the illegal transport of drug evidence in 2017, had also been filed with the city controller, according to a former employee, but no disciplinary action was taken.\u003c/p>\n\u003cp>KQED sent a list of the former employees' specific allegations to the city administrator's office, the city's chief medical examiner, the city controller and Rodda and Pearring. None commented on those allegations.\u003c/p>\n\u003cp>The city administrator deferred questions about the toxicology lab’s protocols for drug disposal to the city controller, which launched a review of drug evidence procedures after Volk’s arrest. The controller is expected to make the findings of that review publicly available in mid-October.\u003c/p>\n\u003cp>The medical examiner’s current \u003ca href=\"https://www.documentcloud.org/documents/7213861-San-Francisco-Office-of-the-Chief-Medical.html\" target=\"_blank\" rel=\"noopener noreferrer\">protocols\u003c/a> require that two staff members log and sort drug evidence. After a year, that evidence should be “sorted and sent for disposal” by a pair of employees with different job classifications.\u003c/p>\u003c/div>",
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"content": "Despite repeated complaints to management about how Volk was forcing other employees to pick up the slack, his erratic behavior appeared to former employees to go unpunished.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Volk worked at the lab for 13 years, and during most of that time carried his own workload and got along well with his colleagues, two former co-workers said. But three years ago, his behavior began to change.\u003c/p>\n\u003cp>Sources close to Volk, including someone who helped train him, said that he was chronically tardy, arriving to work hours late on multiple days of the week, and that he would disappear for hours in the middle of his shift.\u003c/p>\n\u003cp>Despite repeated complaints to management about how Volk was forcing other employees to pick up the slack, his erratic behavior appeared to former employees to go unpunished.\u003c/p>\n\u003cp>Volk was at one point required to clock in for his shifts, but that “did not change the behavior,” the former employee said.\u003c/p>\n\u003cp>The employees were not aware of any other actions taken by supervisors to address problems with Volk.\u003c/p>\n\u003ch3>\u003cstrong>Access to Drug Evidence Without Oversight\u003c/strong>\u003c/h3>\n\u003cp>Volk was “highly favored,” according to former co-workers, who said supervisors allowed him to work alone in the toxicology lab outside of normal work hours, including on weekends. Other lab employees were told they had to get approval in advance to do that and could not enter the lab alone.\u003c/p>\n\u003cp>One section of the toxicology lab contains cubicles and offices. Toxicologists perform tests in another section, and a third, glass-enclosed room holds evidence, including illicit drugs. The evidence room is locked, according to former employees, but anyone with a badge to enter the lab can open it.\u003c/p>\n\u003cp>“During the week, there are plenty of people around who might observe someone going into the evidence stacks,” one source said, “but on the weekend, a person could retrieve drugs from evidence without being detected.”\u003c/p>\n\u003cp>Another source said that a security camera in the evidence room was not focused on the section where the drugs were kept.\u003c/p>\n\u003ch3>\u003cstrong>Backlog of Controlled Substances\u003c/strong>\u003c/h3>\n\u003cp>The scheduled destruction of drugs also fell by the wayside after Lemos’ departure, according to former staff.\u003c/p>\n\u003cp>“Pharmaceutical is actual evidence,” one former staff member said. “It wasn’t anything that was regularly tested by the lab, and ultimately just sat there and was an afterthought.”\u003c/p>\n\u003cp>The lab was moved to a new facility in 2017, and drugs that were no longer required to be stored were destroyed before the move.\u003c/p>\n\u003cp>That was the last time any drug evidence was destroyed, according to staff.\u003c/p>\n\u003cfigure id=\"attachment_11838978\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11838978\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026.jpg\" alt=\"\" width=\"1920\" height=\"1303\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/RS30495_alt_1026-1536x1042.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The San Francisco medical examiner's office has been under fire in recent years for a large backlog in death investigations and the loss of its accreditation. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It's been three or four years since anything has been tossed out,” one former toxicologist said. “We shouldn't have a room piling up full of illicit drugs. We know that there's a lure to having that kind of stuff on hand and we just don't want to hold on to it any longer than we have to.”\u003c/p>\n\u003cp>Workers said they repeatedly urged lab supervisors Rodda and Pearring to destroy the drug evidence that was years past the date required for storage. The task was “not a priority for the office,” they were told.\u003c/p>\n\u003ch3>\u003cstrong>High Turnover\u003c/strong>\u003c/h3>\n\u003cp>A number of high-ranking people within the medical examiner’s office have resigned in the last decade over complaints of mismanagement and poor standards.\u003c/p>\n\u003cp>In 2013, death investigations were lagging, and some families were waiting six months to a year for results.\u003c/p>\n\u003cp>The office lost its accreditation with the National Association of Medical Examiners in January 2017.\u003c/p>\n\u003cp>Dr. Judy Melinek, a forensic pathologist, quit working for the office several years ago because, she says, the morale was low at the time and the credibility of the office had suffered.\u003c/p>\n\u003cp>“I left, because I saw that it was going to impact not just my work product, but my reputation,” Melinek said.\u003c/p>\n\u003cp>She continued, “The repeated problems are management problems. At some point, we have to either have a grand jury inquiry or someone has to look into the operations of the office and make major changes, because this seems to come up every few years.”\u003c/p>\n\u003cp>Following the arrest of Volk, San Francisco Public Defender Manohar Raju demanded a review of all criminal cases and convictions that relied on lab work performed by the accused lab analyst.\u003c/p>\n\u003cp>“Justice simply cannot happen when the Medical Examiner’s employees — tasked with providing objective and unbiased scientific evidence and opinion — lack integrity,” Raju said in a statement on Sept. 11.\u003c/p>\n\u003cp>In a letter that same day to San Francisco Mayor London Breed, District Attorney Chesa Boudin estimated that Volk was involved in “testing, collection and preservation of evidence in more than 2,500 law enforcement investigations” comprised of 500 death investigations, 1,200 sexual assault cases and 800 DUI investigations.\u003c/p>\n\u003cp>A spokesperson for the DA said Monday that the office is still investigating the Volk case.\u003c/p>\n\u003cp>\"Our office’s ability to prosecute cases is substantially undermined when individual law enforcement officers, or staff at the medical examiner’s office, engage in serious or potentially criminal misconduct,” the DA's office said in a statement after Volk’s arrest.\u003c/p>\n\u003cp>Boudin requested a supplemental budget appropriation of $455,731 to “review every case this analyst was involved in to ensure that no conviction or punishment has been improperly tainted,” and to handle an anticipated surge of appeals of prior convictions.\u003c/p>\n\u003cp>San Francisco Supervisor Aaron Peskin has called for a hearing to consider ways to restructure the medical examiner’s office to strengthen the integrity and efficiency of death investigations in San the city.\u003c/p>\n\u003cp>“There is no question that problems in the medical examiner's office have plagued San Francisco now for many years,” Peskin said. “It is time to bring about structural reform.”\u003c/p>\n\u003cp>Volk posted $10,000 bail the same day he was arrested in Utah and was released.\u003c/p>\n\u003cp>The San Francisco DA has so far not charged Volk with any crimes that may have occurred in the city.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Replacing Supreme Court Justice Ruth Bader Ginsburg, a liberal icon, with a staunchly conservative justice has long been the wish of Republicans, including President Trump.\u003c/p>\n\u003cp>But the death of Ginsburg on Friday also creates a sudden and unexpected minefield for Republicans in the U.S. Senate, who are at risk of losing their narrow majority in the November election.\u003c/p>\n\u003cp>Democrats in general, and in California in particular, also have a lot riding on the outcome of what is sure to be an epic political battle with implications that could last decades. And it’s unclear who will benefit from the new campaign landscape.\u003c/p>\n\u003cp>Former California Democratic Sen. Barbara Boxer believes Republicans would be making a mistake to muscle through a nominee so close to the presidential election.\u003c/p>\n\u003cp>“This election already is insane and fraught with foreign interference and voter suppression and everything, and now it looks like my former Republican colleagues are going to push ahead and be hypocrites and push an appointment forward,” Boxer said. “And I think that will throw a torch into the Senate, literally. And I think it will change everything.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Boxer, along with Sen. Dianne Feinstein, D-California, was elected in the 1992 “Year of the Woman” following the contentious confirmation of Justice Clarence Thomas to the Supreme Court.\u003c/p>\n\u003cp>She was also there in 2016 when Republicans blocked a vote on former President Barack Obama’s choice to fill a seat left vacant after the death of Justice Antonin Scalia, saying it was too close to the election — which at that point was more than eight months away.\u003c/p>\n\u003cp>“And they’re just being hypocrites and double dealers and everything else. You cannot do that. You cannot just change every other day because it suits your needs,” Boxer said.\u003c/p>\n\u003cp>On the other hand, Ginsburg’s death allows Trump to do something he desperately needs: change the subject. Every day he defends his handling of the pandemic or denies allegations published in books by former disgruntled former is a day he’s losing.\u003c/p>\n\u003cp>Trump and Senate Majority Leader Mitch McConnell, R-Kentucky, are vowing to vote on a Republican nominee in the coming weeks, even though the election is just over 40 days away. The timing of any hearings is not yet clear.\u003c/p>\n\u003cp>“If he does it before the election, it’s going to put his vulnerable senators in a very bad place,” Boxer said. But she added, “Either way, if he does it after the election, I think the Republican Party will be dead and buried.”\u003c/p>\n\u003cp>https://twitter.com/NPR/status/1307348835300188162\u003c/p>\n\u003cp>But it’s not really clear what a rushed confirmation would mean politically. And Democrats also have a lot riding on how the White House and McConnell proceed.\u003c/p>\n\u003cp>As a member of the Senate Judiciary Committee, Sen. Kamala Harris, D-California, could be pressed to leave the campaign trail if confirmation hearings are set before the election. This would give Harris, known for her sharp and politically polarizing questioning of Trump nominees, a high-profile role, but not one she would necessarily want or benefit from.\u003c/p>\n\u003cp>A confirmation battle could be a good organizing tool for Democrats. But if it consumes progressive interest groups’ time and money, it could also distract from the larger issue of getting Democrats out to vote for the Biden-Harris ticket and for the Democratic Senate candidates in states they’re hoping to flip.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"former California Sen. Barbara Boxer\"]“I think that will throw a torch into the Senate, literally. And I think it will change everything.”[/pullquote]\u003c/p>\n\u003cp>Politics aside, states like California have a lot riding on who replaces Ginsburg. Stanford Law School professor Pamela Karlan said issues involving consumer rights, for example, could more easily be wiped away by a more conservative court.\u003c/p>\n\u003cp>“California has a lot of progressive laws and there are conservatives who would like to challenge a lot of those laws,” Karlan said. “And Ruth Bader Ginsburg was somebody who was not going to find preemption of state consumer rights issues or preemption of a state’s right to go to court.”\u003c/p>\n\u003cp>Karlan also said that issues involving immigration and immigrants’ rights, so important in a state like California, would also be at higher risk if the court shifts further to the right.\u003c/p>\n\u003cp>Women’s groups worry about the court striking down Roe v. Wade, the landmark Supreme Court ruling establishing a woman’s right to an abortion and preventing states from banning the procedure outright. The future of LGBT rights, the fate of the Affordable Care Act and even potential legal issues emanating from the November election could also be determined by a sharply more conservative court.\u003c/p>\n\u003cp>UC Berkeley Law Professor Amanda Tyler clerked for Ginsburg and is writing a book based on an on-stage conversation with her last fall. Asked what kind of person she thought Ginsburg would want as a replacement, Tyler initially said, “It’s impossible to fill her shoes. She was a legend.”\u003c/p>\n\u003cp>But, Tyler added, “if she were able to speak to it, she would say probably that she would want somebody who believes that the Constitution was a document for all of us, that the story of our Constitution is a story of being ever more welcoming and inclusive. And that we have to constantly be vigilant about working to ensure that we are building a more perfect union.”\u003c/p>\n\u003cp>Tyler went on to say she was concerned about how a bitter confirmation process would affect the court.\u003c/p>\n\u003cp>“I think it’s important for the institution that is the Supreme Court that it not be the central issue in this election,” Tyler said. “I realize that with her passing, that is in some respects almost inevitable, that it will be a major issue. But I think that (Ginsburg), like all the justices, would prefer to keep the court as insulated as possible from politics. Again, that is also not entirely possible.”\u003c/p>\n\u003cp>Democratic presidential nominee Joe Biden echoed many Democrats Friday, including Harris, his running mate, and Feinstein, in saying no one should be nominated before the presidential inauguration in January. Biden chaired the Senate Judiciary Committee during the contentious confirmation hearings for Clarence Thomas.\u003c/p>\n\u003cp>https://twitter.com/KamalaHarris/status/1307328451343515648\u003c/p>\n\u003cp>In a tweet, President Trump, who recently released a list of potential court nominees he would choose from, pressured Biden to say who he would name if he won the presidency.[aside tag=\"politics\" label=\"More political coverage\"]Karlan, the Stanford law professor, thinks that’s a bad idea.\u003c/p>\n\u003cp>“It would be a mistake for him to say who he would nominate before (the election),” Karlan said. “You know, one of the things that’s really important, and we saw this with the Brett Kavanaugh hearings, you need to do some vetting, some serious vetting before you put somebody up,” she noted.\u003c/p>\n\u003cp>“And, you know, the FBI is not under Joe Biden’s control right now. It’s under Donald Trump’s control. So, he can’t do the kind of vetting that a president would want to do.”\u003c/p>\n\u003cp>Karlan also said that Biden’s nomination decision would be determined in part by whether Democrats control the Senate in 2021.\u003c/p>\n\u003cp>Boxer agrees.\u003c/p>\n\u003cp>“If I were advising Joe on this, and believe me, he has plenty of people who are, I would say, ‘Describe the type of human being you’d put on,’ ” she said. “And you know what? It should be someone like Ruth Bader Ginsburg who had a passion for justice, a passion for equality.”\u003c/p>\n\u003cp>Ginsburg’s death has roiled an already high-anxiety campaign season, leaving uncertain what impact it will have on the election.\u003c/p>\n\u003cp>Although Ginsburg’s death is a huge loss for liberals, Boxer sees the vacancy as ultimately being an advantage for Democrats.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“If the young voters, who really had an affection for Ruth and really understand that nothing’s happening (on things like) climate change, if they get themselves up and say 60% or 55% of them vote, I think they’ll be guaranteeing that we will have Joe Biden as president. I do,” Boxer said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Replacing Supreme Court Justice Ruth Bader Ginsburg, a liberal icon, with a staunchly conservative justice has long been the wish of Republicans, including President Trump.\u003c/p>\n\u003cp>But the death of Ginsburg on Friday also creates a sudden and unexpected minefield for Republicans in the U.S. Senate, who are at risk of losing their narrow majority in the November election.\u003c/p>\n\u003cp>Democrats in general, and in California in particular, also have a lot riding on the outcome of what is sure to be an epic political battle with implications that could last decades. And it’s unclear who will benefit from the new campaign landscape.\u003c/p>\n\u003cp>Former California Democratic Sen. Barbara Boxer believes Republicans would be making a mistake to muscle through a nominee so close to the presidential election.\u003c/p>\n\u003cp>“This election already is insane and fraught with foreign interference and voter suppression and everything, and now it looks like my former Republican colleagues are going to push ahead and be hypocrites and push an appointment forward,” Boxer said. “And I think that will throw a torch into the Senate, literally. And I think it will change everything.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Boxer, along with Sen. Dianne Feinstein, D-California, was elected in the 1992 “Year of the Woman” following the contentious confirmation of Justice Clarence Thomas to the Supreme Court.\u003c/p>\n\u003cp>She was also there in 2016 when Republicans blocked a vote on former President Barack Obama’s choice to fill a seat left vacant after the death of Justice Antonin Scalia, saying it was too close to the election — which at that point was more than eight months away.\u003c/p>\n\u003cp>“And they’re just being hypocrites and double dealers and everything else. You cannot do that. You cannot just change every other day because it suits your needs,” Boxer said.\u003c/p>\n\u003cp>On the other hand, Ginsburg’s death allows Trump to do something he desperately needs: change the subject. Every day he defends his handling of the pandemic or denies allegations published in books by former disgruntled former is a day he’s losing.\u003c/p>\n\u003cp>Trump and Senate Majority Leader Mitch McConnell, R-Kentucky, are vowing to vote on a Republican nominee in the coming weeks, even though the election is just over 40 days away. The timing of any hearings is not yet clear.\u003c/p>\n\u003cp>“If he does it before the election, it’s going to put his vulnerable senators in a very bad place,” Boxer said. But she added, “Either way, if he does it after the election, I think the Republican Party will be dead and buried.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>But it’s not really clear what a rushed confirmation would mean politically. And Democrats also have a lot riding on how the White House and McConnell proceed.\u003c/p>\n\u003cp>As a member of the Senate Judiciary Committee, Sen. Kamala Harris, D-California, could be pressed to leave the campaign trail if confirmation hearings are set before the election. This would give Harris, known for her sharp and politically polarizing questioning of Trump nominees, a high-profile role, but not one she would necessarily want or benefit from.\u003c/p>\n\u003cp>A confirmation battle could be a good organizing tool for Democrats. But if it consumes progressive interest groups’ time and money, it could also distract from the larger issue of getting Democrats out to vote for the Biden-Harris ticket and for the Democratic Senate candidates in states they’re hoping to flip.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Politics aside, states like California have a lot riding on who replaces Ginsburg. Stanford Law School professor Pamela Karlan said issues involving consumer rights, for example, could more easily be wiped away by a more conservative court.\u003c/p>\n\u003cp>“California has a lot of progressive laws and there are conservatives who would like to challenge a lot of those laws,” Karlan said. “And Ruth Bader Ginsburg was somebody who was not going to find preemption of state consumer rights issues or preemption of a state’s right to go to court.”\u003c/p>\n\u003cp>Karlan also said that issues involving immigration and immigrants’ rights, so important in a state like California, would also be at higher risk if the court shifts further to the right.\u003c/p>\n\u003cp>Women’s groups worry about the court striking down Roe v. Wade, the landmark Supreme Court ruling establishing a woman’s right to an abortion and preventing states from banning the procedure outright. The future of LGBT rights, the fate of the Affordable Care Act and even potential legal issues emanating from the November election could also be determined by a sharply more conservative court.\u003c/p>\n\u003cp>UC Berkeley Law Professor Amanda Tyler clerked for Ginsburg and is writing a book based on an on-stage conversation with her last fall. Asked what kind of person she thought Ginsburg would want as a replacement, Tyler initially said, “It’s impossible to fill her shoes. She was a legend.”\u003c/p>\n\u003cp>But, Tyler added, “if she were able to speak to it, she would say probably that she would want somebody who believes that the Constitution was a document for all of us, that the story of our Constitution is a story of being ever more welcoming and inclusive. And that we have to constantly be vigilant about working to ensure that we are building a more perfect union.”\u003c/p>\n\u003cp>Tyler went on to say she was concerned about how a bitter confirmation process would affect the court.\u003c/p>\n\u003cp>“I think it’s important for the institution that is the Supreme Court that it not be the central issue in this election,” Tyler said. “I realize that with her passing, that is in some respects almost inevitable, that it will be a major issue. But I think that (Ginsburg), like all the justices, would prefer to keep the court as insulated as possible from politics. Again, that is also not entirely possible.”\u003c/p>\n\u003cp>Democratic presidential nominee Joe Biden echoed many Democrats Friday, including Harris, his running mate, and Feinstein, in saying no one should be nominated before the presidential inauguration in January. Biden chaired the Senate Judiciary Committee during the contentious confirmation hearings for Clarence Thomas.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>In a tweet, President Trump, who recently released a list of potential court nominees he would choose from, pressured Biden to say who he would name if he won the presidency.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Karlan, the Stanford law professor, thinks that’s a bad idea.\u003c/p>\n\u003cp>“It would be a mistake for him to say who he would nominate before (the election),” Karlan said. “You know, one of the things that’s really important, and we saw this with the Brett Kavanaugh hearings, you need to do some vetting, some serious vetting before you put somebody up,” she noted.\u003c/p>\n\u003cp>“And, you know, the FBI is not under Joe Biden’s control right now. It’s under Donald Trump’s control. So, he can’t do the kind of vetting that a president would want to do.”\u003c/p>\n\u003cp>Karlan also said that Biden’s nomination decision would be determined in part by whether Democrats control the Senate in 2021.\u003c/p>\n\u003cp>Boxer agrees.\u003c/p>\n\u003cp>“If I were advising Joe on this, and believe me, he has plenty of people who are, I would say, ‘Describe the type of human being you’d put on,’ ” she said. “And you know what? It should be someone like Ruth Bader Ginsburg who had a passion for justice, a passion for equality.”\u003c/p>\n\u003cp>Ginsburg’s death has roiled an already high-anxiety campaign season, leaving uncertain what impact it will have on the election.\u003c/p>\n\u003cp>Although Ginsburg’s death is a huge loss for liberals, Boxer sees the vacancy as ultimately being an advantage for Democrats.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If the young voters, who really had an affection for Ruth and really understand that nothing’s happening (on things like) climate change, if they get themselves up and say 60% or 55% of them vote, I think they’ll be guaranteeing that we will have Joe Biden as president. I do,” Boxer said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Hundreds of mourners gathered in the Castro neighborhood of San Francisco Friday night for a candlelit vigil honoring the late Supreme Court Justice Ruth Bader Ginsburg, who \u003ca href=\"https://www.kqed.org/news/11838760/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87\" rel=\"noopener noreferrer\" target=\"_blank\">died Friday of complications from cancer at age 87\u003c/a>.\u003c/p>\n\u003cp>Many attendees rushed to Harvey Milk Plaza on less than one hour’s notice — alerted by social media posts and an email from organizer Manny Yekutiel, owner of the community space Manny’s in the Mission. \u003c/p>\n\u003cp>Those assembled described feeling numb and in disbelief at Ginsburg’s passing. \u003c/p>\n\u003cp>“I think a lot of us felt like, ‘Well, as long as RBG is there, we’re gonna be good, we’re gonna be good’,” said San Francisco resident Shawn Rosenmoss. “Now I’m a little lost, which is why I’m here.” \u003c/p>\n\u003cfigure id=\"attachment_11838872\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-800x533.jpg\" alt=\"Betty Doerr brought her Ruth Bader Ginsburg figurine that she bought at Cliff's Variety to the candlelit vigil in Ginsburg's honor on Sep. 18, 2020. \" width=\"800\" height=\"533\" class=\"size-medium wp-image-11838872\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Betty Doerr brought her Ruth Bader Ginsburg figurine that she bought at Cliff’s Variety to the candlelit vigil in Ginsburg’s honor on Sep. 18, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Although there were few tears, every speech of the night contained an impassioned plea to continue fighting for the late Justice’s gains.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Pastor Megan Rohrer led the assembled group in singing the folk song “Singing for Our Lives” by Holly Near. Rohrer, a transgender pastor who ministers in the Sunset district, said that when their wife told them the news, they were distraught. \u003c/p>\n\u003cp>“The feeling is just when you didn’t think you could have more fear and doubt about what might be happening next in the world, another thing happens and makes you wonder,” they said. “Not knowing what’s going to happen next becomes a source of fear once again.”\u003c/p>\n\u003cp>The evening’s impromptu program also featured two Hebrew prayers to honor Ginsburg, who was Jewish, on the first night of Rosh Hashanah, the start of Jewish New Year. \u003c/p>\n\u003cfigure id=\"attachment_11838869\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020.jpg\" alt=\"The candlelit vigil in honor of Ruth Bader Ginsburg made its way from Harvey Milk Plaza to the Human Rights Campaign Action Center and Store where there were several speakers. The building was once home to Harvey Milk's camera shop, Castro Camera.\" width=\"1920\" height=\"1280\" class=\"size-full wp-image-11838869\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The candlelit vigil in honor of Ruth Bader Ginsburg made its way from Harvey Milk Plaza to the Human Rights Campaign Action Center and Store where there were several speakers. The building was once home to Harvey Milk’s camera shop, Castro Camera. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Castro, a predominately LGBT neighborhood, seemed a fitting location due to the contributions the late justice made to that community. \u003c/p>\n\u003cp>“For the LGBTQ community — for us — elections and the courts are a matter of life and death,” said state Sen. Scott Wiener, D-San Francisco, who attended the gathering and ensuing march. “Ruth Bader Ginsburg helped create so much of the modern civil rights framework legally. There will never be another like her.”\u003c/p>\n\u003cp>The group of 200 swelled to more than 500 and slowly marched toward the site of Harvey Milk’s former camera shop on Castro Street. Wiener and District 8 Supervisor Rafael Mandelman along with activist Cleve Jones led the march, flanked by signs reading “RBG” and “We Won’t Let You Down, RBG.” Diners sitting outdoors on the busy street stopped to watch, with many applauding.\u003c/p>\n\u003cfigure id=\"attachment_11838866\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg\" alt=\"Gillian Reid holds a Ruth Bader Ginsburg candle during a vigil in her honor in the Castro on Sep. 18, 2020.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11838866\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Gillian Reid holds a Ruth Bader Ginsburg candle during a vigil in her honor in the Castro on Sep. 18, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mandelman said he had “been a mess” since he heard the news. He said the Justice’s legacy “is very much up to us over these last two months,” stressing the importance of keeping President Trump from appointing Ginsburg’s successor. \u003c/p>\n\u003cp>That sentiment was echoed by Wiener, who called Ginsburg a “hero,” and emphasized the need to “fight to make sure Donald Trump and Mitch McConnell don’t steal this election.”\u003c/p>\n\u003cp>As for Rosenmoss, she pointed to her two daughters — one in medical school, one applying to law school — as carrying on Ginsburg’s legacy. More broadly, Rosenmoss gestured to the battles that Ginsburg fought “in her life to be an attorney and a mom and a married person. It’s really sad that we have to, every day, keep fighting those fights.”\u003c/p>\n\u003cfigure id=\"attachment_11838878\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg\" alt=\"Stephan Ferris lights a candle for Cleve Jones during a vigil to honor the life of Ruth Bader Ginsburg in the Castro on Sep. 18, 2020.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11838878\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Stephan Ferris lights a candle for Cleve Jones during a vigil to honor the life of Ruth Bader Ginsburg in the Castro on Sep. 18, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Speakers urged those assembled to vote, stay politically involved, and organize in swing states. Many shared messages of hope for the future.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Have her memory be a blessing and move forward to build a better country and a safer world,” said Jones. “That is what she would want us to do, and we all know that.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Hundreds of mourners gathered in the Castro neighborhood of San Francisco Friday night for a candlelit vigil honoring the late Supreme Court Justice Ruth Bader Ginsburg, who \u003ca href=\"https://www.kqed.org/news/11838760/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87\" rel=\"noopener noreferrer\" target=\"_blank\">died Friday of complications from cancer at age 87\u003c/a>.\u003c/p>\n\u003cp>Many attendees rushed to Harvey Milk Plaza on less than one hour’s notice — alerted by social media posts and an email from organizer Manny Yekutiel, owner of the community space Manny’s in the Mission. \u003c/p>\n\u003cp>Those assembled described feeling numb and in disbelief at Ginsburg’s passing. \u003c/p>\n\u003cp>“I think a lot of us felt like, ‘Well, as long as RBG is there, we’re gonna be good, we’re gonna be good’,” said San Francisco resident Shawn Rosenmoss. “Now I’m a little lost, which is why I’m here.” \u003c/p>\n\u003cfigure id=\"attachment_11838872\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-800x533.jpg\" alt=\"Betty Doerr brought her Ruth Bader Ginsburg figurine that she bought at Cliff's Variety to the candlelit vigil in Ginsburg's honor on Sep. 18, 2020. \" width=\"800\" height=\"533\" class=\"size-medium wp-image-11838872\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/027_KQED_SanFrancisco_RGBVigil_09182020-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Betty Doerr brought her Ruth Bader Ginsburg figurine that she bought at Cliff’s Variety to the candlelit vigil in Ginsburg’s honor on Sep. 18, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Although there were few tears, every speech of the night contained an impassioned plea to continue fighting for the late Justice’s gains.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Pastor Megan Rohrer led the assembled group in singing the folk song “Singing for Our Lives” by Holly Near. Rohrer, a transgender pastor who ministers in the Sunset district, said that when their wife told them the news, they were distraught. \u003c/p>\n\u003cp>“The feeling is just when you didn’t think you could have more fear and doubt about what might be happening next in the world, another thing happens and makes you wonder,” they said. “Not knowing what’s going to happen next becomes a source of fear once again.”\u003c/p>\n\u003cp>The evening’s impromptu program also featured two Hebrew prayers to honor Ginsburg, who was Jewish, on the first night of Rosh Hashanah, the start of Jewish New Year. \u003c/p>\n\u003cfigure id=\"attachment_11838869\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020.jpg\" alt=\"The candlelit vigil in honor of Ruth Bader Ginsburg made its way from Harvey Milk Plaza to the Human Rights Campaign Action Center and Store where there were several speakers. The building was once home to Harvey Milk's camera shop, Castro Camera.\" width=\"1920\" height=\"1280\" class=\"size-full wp-image-11838869\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/019_KQED_SanFrancisco_RGBVigil_09182020-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The candlelit vigil in honor of Ruth Bader Ginsburg made its way from Harvey Milk Plaza to the Human Rights Campaign Action Center and Store where there were several speakers. The building was once home to Harvey Milk’s camera shop, Castro Camera. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Castro, a predominately LGBT neighborhood, seemed a fitting location due to the contributions the late justice made to that community. \u003c/p>\n\u003cp>“For the LGBTQ community — for us — elections and the courts are a matter of life and death,” said state Sen. Scott Wiener, D-San Francisco, who attended the gathering and ensuing march. “Ruth Bader Ginsburg helped create so much of the modern civil rights framework legally. There will never be another like her.”\u003c/p>\n\u003cp>The group of 200 swelled to more than 500 and slowly marched toward the site of Harvey Milk’s former camera shop on Castro Street. Wiener and District 8 Supervisor Rafael Mandelman along with activist Cleve Jones led the march, flanked by signs reading “RBG” and “We Won’t Let You Down, RBG.” Diners sitting outdoors on the busy street stopped to watch, with many applauding.\u003c/p>\n\u003cfigure id=\"attachment_11838866\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg\" alt=\"Gillian Reid holds a Ruth Bader Ginsburg candle during a vigil in her honor in the Castro on Sep. 18, 2020.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11838866\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/003_KQED_SanFrancisco_RGBVigil_09182020.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Gillian Reid holds a Ruth Bader Ginsburg candle during a vigil in her honor in the Castro on Sep. 18, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mandelman said he had “been a mess” since he heard the news. He said the Justice’s legacy “is very much up to us over these last two months,” stressing the importance of keeping President Trump from appointing Ginsburg’s successor. \u003c/p>\n\u003cp>That sentiment was echoed by Wiener, who called Ginsburg a “hero,” and emphasized the need to “fight to make sure Donald Trump and Mitch McConnell don’t steal this election.”\u003c/p>\n\u003cp>As for Rosenmoss, she pointed to her two daughters — one in medical school, one applying to law school — as carrying on Ginsburg’s legacy. More broadly, Rosenmoss gestured to the battles that Ginsburg fought “in her life to be an attorney and a mom and a married person. It’s really sad that we have to, every day, keep fighting those fights.”\u003c/p>\n\u003cfigure id=\"attachment_11838878\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg\" alt=\"Stephan Ferris lights a candle for Cleve Jones during a vigil to honor the life of Ruth Bader Ginsburg in the Castro on Sep. 18, 2020.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11838878\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/002_KQED_SanFrancisco_RGBVigil_09182020.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Stephan Ferris lights a candle for Cleve Jones during a vigil to honor the life of Ruth Bader Ginsburg in the Castro on Sep. 18, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Speakers urged those assembled to vote, stay politically involved, and organize in swing states. Many shared messages of hope for the future.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Have her memory be a blessing and move forward to build a better country and a safer world,” said Jones. “That is what she would want us to do, and we all know that.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Justice Ruth Bader Ginsburg, Champion of Gender Equality, Dies at 87",
"title": "Justice Ruth Bader Ginsburg, Champion of Gender Equality, Dies at 87",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Justice Ruth Bader Ginsburg, the demure firebrand who in her 80s became a legal, cultural, and feminist icon has died. The Supreme Court announced her death, saying the cause was complications from cancer.\u003c/p>\n\u003cp>Architect of the legal fight for women's rights in the 1970s, Ginsburg subsequently served 27 years on the nation's highest court, becoming its most prominent member. Her death will inevitably set in motion what promises to be a nasty and tumultuous political battle over who will succeed her, and it thrusts the Supreme Court vacancy into the spotlight of the presidential campaign.\u003c/p>\n\u003cp>Just days before her death, as her strength waned, Ginsburg dictated this statement to her granddaughter Clara Spera: \"My most fervent wish is that I will not be replaced until a new president is installed.\"\u003c/p>\n\u003cp>She knew what was to come. Ginsburg's death will have profound consequences for the court and the country. Inside the court, not only is the leader of the liberal wing gone, but with the Court about to open a new term, Chief Justice John Roberts no longer holds the controlling vote in closely contested cases.\u003c/p>\n\u003cp>Though he has a consistently conservative record in most cases, he has split from fellow conservatives in a few important ones, this year casting his vote with liberals, for instance, to at least temporarily protect the so-called Dreamers from deportation by the Trump administration, to uphold a major abortion precedent, and to uphold bans on large church gatherings during the coronavirus pandemic. But with Ginsburg gone, there is no clear court majority for those outcomes.\u003c/p>\n\u003cfigure id=\"attachment_11838795\" class=\"wp-caption aligncenter\" style=\"max-width: 1982px\">\u003cimg class=\"wp-image-11838795 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2.jpg\" alt=\"\" width=\"1982\" height=\"1320\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2.jpg 1982w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-1536x1023.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-1920x1279.jpg 1920w\" sizes=\"(max-width: 1982px) 100vw, 1982px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg speaks during the annual meeting of the American Society of International Law in Washington on April 1, 2005. \u003ccite>(Haraz Ghanbari/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>Upcoming Political Battle\u003c/strong>\u003c/h3>\n\u003cp>Indeed, a week after the upcoming presidential election, the court is for the third time scheduled to hear a challenge brought by Republicans to the Affordable Care Act, known as Obamacare. In 2012 the high court upheld the law by a 5-to-4 vote, with Chief Justice Roberts casting the deciding vote and writing the opinion for the majority. But this time the outcome may well be different.\u003c/p>\n\u003cp>That's because Ginsburg's death gives Republicans the chance to tighten their grip on the court with another Trump appointment that would give conservatives a 6-to-3 majority. And that would mean that even a defection on the right would leave conservatives with enough votes to prevail in the Obamacare case and many others.\u003c/p>\n\u003cp>At the center of the battle to achieve that will be Senate Majority Leader Mitch McConnell. In 2016 he took a step unprecedented in modern times: He refused for nearly a year to allow any consideration of President Obama's supreme court nominee.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Justice Ruth Bader Ginsburg']'My most fervent wish is that I will not be replaced until a new president is installed.'[/pullquote]\u003c/p>\n\u003cp>Back then, McConnell's justification was the upcoming presidential election, which he said would allow voters a chance to weigh in on what kind of justice they wanted. But now, with the tables turned, McConnell has made clear he will not follow the same course. Instead he will try immediately push through a Trump nominee so as to ensure a conservative justice to fill Ginsburg's liberal shoes, even if President Trump were to lose his reelection bid. Asked what he would do in circumstances like these, McConnell said: \"Oh, we'd fill it.\"\u003c/p>\n\u003cp>So what happens in the coming weeks will be bare-knuckle politics, writ large, on the stage of a presidential election. It will be a fight Ginsburg had hoped to avoid, telling Justice Stevens shortly before his death that she hoped to serve as long as he did — until age 90.\u003c/p>\n\u003cp>\"My dream is that I will stay on the court as long as he did,\" she said in an interview in 2019.\u003c/p>\n\u003cfigure id=\"attachment_11838802\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11838802 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1705\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-1536x1023.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-2048x1364.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-1920x1279.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg hugs President Barack Obama as he arrives to deliver his State of the Union speech on Capitol Hill on Feb. 12, 2013. \u003ccite>(Jason Reed/Reuters /Landov)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>'Tough As Nails'\u003c/strong>\u003c/h3>\n\u003cp>She didn't quite make it. But Ruth Bader Ginsburg was nonetheless an historic figure. She changed the way the world is for American women. For more than a decade, until her first judicial appointment in 1980, she led the fight in the courts for gender equality. When she began her legal crusade, women were treated, by law, differently from men. Hundreds of state and federal laws restricted what women could do, barring them from jobs, rights and even from jury service. By the time she donned judicial robes, however, Ginsburg had worked a revolution.\u003c/p>\n\u003cp>That was never more evident than in 1996 when, as a relatively new Supreme Court justice, Ginsburg wrote the court's 7-to-1 opinion declaring that the Virginia Military Institute could no longer remain an all-male institution. True, said Ginsburg, most women — indeed most men — would not want to meet the rigorous demands of VMI. But the state, she said, could not exclude women who could meet those demands.\u003c/p>\n\u003cp>\"Reliance on overbroad generalizations ... estimates about the way most men or most women are, will not suffice to deny opportunity to women whose talent and capacity place them outside the average description,\" Ginsburg wrote.\u003c/p>\n\u003cp>She was an unlikely pioneer, a diminutive and shy woman, whose soft voice and large glasses hid an intellect and attitude that, as one colleague put it, was \"tough as nails.\"\u003c/p>\n\u003cp>By the time she was in her 80s, she had become something of a rock star to women of all ages. She was the subject of a hit documentary, a biopic, an operetta, merchandise galore featuring her \"Notorious RBG\" moniker, a Time magazine cover, and regular \"Saturday Night Live\" sketches.\u003c/p>\n\u003cp>On one occasion in 2016, Ginsburg got herself into trouble and \u003ca href=\"https://www.npr.org/2016/07/14/486080234/listen-justice-ginsburg-expands-on-decision-to-apologize-for-trump-remarks\">later publicly apologized\u003c/a> for disparaging remarks she made about then-presidential candidate Donald Trump.\u003c/p>\n\u003cp>But for the most part Ginsburg enjoyed her fame and maintained a sense of humor about herself.\u003c/p>\n\u003cp>Asked about the fact that she had apparently fallen asleep during the 2015 State of the Union address, Ginsburg did not take the Fifth, admitting that although she had vowed not to drink at dinner with the other justices before the speech, the wine had just been too good to resist. The result, she said, was that she was perhaps not an entirely \"sober judge\" and kept nodding off.\u003c/p>\n\u003ch3>\u003cstrong>The Road To Law\u003c/strong>\u003c/h3>\n\u003cp>Born in Brooklyn, N.Y., Ruth Bader went to public schools, where she excelled as a student — and as a baton twirler. By all accounts, it was her mother who was the driving force in her young life, but Celia Bader died of cancer the day before the future Justice would graduate from high school.\u003c/p>\n\u003cp>Then 17, Ruth Bader went on to Cornell on full scholarship, where she met Martin (aka \"Marty\") Ginsburg. \"What made Marty so overwhelmingly attractive to me was that he cared that I had a brain,\" she said.\u003c/p>\n\u003cp>After her graduation, they were married and went off to Fort Sill, Okla., for his military service. There Mrs. Ginsburg, despite scoring high on the civil service exam, could only get a job as a typist, and when she became pregnant, she lost even that job.\u003c/p>\n\u003cp>Two years later, the couple returned to the East Coast to attend Harvard Law School. She was one of only nine women in a class of over 500 and found the dean asking her why she was taking up a place that \"should go to a man.\"\u003c/p>\n\u003cp>At Harvard, she was the academic star, not Marty. The couple was busy juggling schedules, and their toddler when Marty was diagnosed with testicular cancer. Surgeries and aggressive radiation followed.\u003c/p>\n\u003cp>\"So that left Ruth with a 3-year-old child, a fairly sick husband, the law review, classes to attend and feeding me,\" said Marty Ginsburg in a 1993 interview with NPR.\u003c/p>\n\u003cp>The experience also taught the future justice that sleep was a luxury. During the year of Marty's illness, he was only able to eat late at night; after that he would dictate his senior class paper to Ruth. At about 2 a.m., he would go back to sleep, Ginsburg recalled in an NPR interview. \"Then I'd take out the books and start reading what I needed to be prepared for classes the next day.\"\u003c/p>\n\u003cp>Marty Ginsburg survived, graduated, and got a job in New York; his wife, a year behind him in school, transferred to Columbia, where she graduated at the top of her law school class. Despite her academic achievements, the doors to law firms were closed to women, and though recommended for a Supreme Court clerkship, she wasn't even interviewed.\u003c/p>\n\u003cp>It was bad enough that she was a woman, she recalled later, but she was also a mother, and male judges worried that she would be diverted by her \"familial obligations.\"\u003c/p>\n\u003cp>A mentor, law professor Gerald Gunther, finally got her a clerkship in New York by promising Judge Edmund Palmieri that if she couldn't do the work, he would provide someone who could. That was \"the carrot,\" Ginsburg would say later. \"The stick\" was that Gunther, who regularly fed his best students to Palmieri, told the judge that if he didn't take Ginsburg, Gunther would never send him a clerk again. The Ginsburg clerkship apparently was a success; Palmieri kept her not for the usual one year, but two, from 1959-61.\u003c/p>\n\u003cp>Ginsburg's next path is rarely talked about, mainly because it doesn't fit the narrative. She learned Swedish so she could work with Anders Berzelius, a Swedish civil procedure scholar. Through the Columbia Law School Project on International Procedure, Ginsburg and Berzelius co-authored a book.\u003c/p>\n\u003cp>In 1963, Ginsburg finally landed a teaching job at Rutgers law school, where she at one point hid her second pregnancy by wearing her mother-in-law's clothes. The ruse worked; her contract was renewed before her new baby was born.\u003c/p>\n\u003cp>While at Rutgers, she began her work fighting gender discrimination.\u003c/p>\n\u003cfigure id=\"attachment_11838804\" class=\"wp-caption aligncenter\" style=\"max-width: 1185px\">\u003cimg class=\"wp-image-11838804 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2.jpg\" alt=\"\" width=\"1185\" height=\"790\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2.jpg 1185w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2-160x107.jpg 160w\" sizes=\"(max-width: 1185px) 100vw, 1185px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg and her husband, Marty, laugh as they listen to Justice Stephen Breyer speak at Columbia Law School on Sept. 12, 2003 \u003ccite>(Ed Bailey/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>The 'Mother Brief'\u003c/strong>\u003c/h3>\n\u003cp>Her first big case was a challenge to a law that barred a Colorado man named Charles Moritz from taking a tax deduction for the care of his 89-year-old mother. The IRS said the deduction, by statute, could only be claimed by women, or widowed or divorced men. But Moritz had never married.\u003c/p>\n\u003cp>The tax court concluded that the internal revenue code was immune to constitutional challenge, a notion that tax lawyer Marty Ginsburg viewed as \"preposterous.\" The two Ginsburgs took on the case, he from the tax perspective, she from the constitutional perspective.\u003c/p>\n\u003cp>According to Marty Ginsburg, for his wife, this was the \"mother brief.\" She had to think through all the issues and how to fix the inequity. The solution was to ask the court not to invalidate the statute but to apply it equally to both sexes. She won in the lower courts.\u003c/p>\n\u003cp>\"Amazingly,\" he recalled in a 1993 NPR interview, the government petitioned the United States Supreme Court, stating that the decision \"cast a cloud of unconstitutionality\" over literally hundreds of federal statutes, and it attached a list of those statutes, which it compiled with Defense Department computers.\u003c/p>\n\u003cp>Those laws, Marty Ginsburg added, \"were the statutes that my wife then litigated ... to overturn over the next decade.\"\u003c/p>\n\u003cp>In 1971, she would write her first Supreme Court brief in the case of \u003cem>Reed v. Reed. \u003c/em>Ginsburg represented Sally Reed, who thought she should be the executor of her son's estate instead of her ex-husband.\u003c/p>\n\u003cp>The constitutional issue was whether a state could automatically prefer men over women as executors of estates. The answer from the all-male supreme court: no.\u003c/p>\n\u003cp>It was the first time the court had ever struck down a state law because it discriminated based on gender.\u003c/p>\n\u003cfigure id=\"attachment_11838798\" class=\"wp-caption alignright\" style=\"max-width: 1980px\">\u003cimg class=\"size-full wp-image-11838798\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-scaled.jpg\" alt=\"\" width=\"1980\" height=\"2560\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-scaled.jpg 1980w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-800x1035.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1020x1319.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-160x207.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1188x1536.jpg 1188w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1584x2048.jpg 1584w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1920x2483.jpg 1920w\" sizes=\"(max-width: 1980px) 100vw, 1980px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg talks with filmmaker David Grubin about his PBS series, \u003cem>The Jewish Americans\u003c/em>, on Jan. 10, 2008. \u003ccite>(Kevin Wolf/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>And that was just the beginning.\u003c/p>\n\u003cp>By then Ginsburg was earning quite a reputation. She would become the first female tenured professor at Columbia Law School, and she would found the Women's Rights Project at the ACLU.\u003c/p>\n\u003cp>As the chief architect of the battle for women's legal rights, Ginsburg devised a strategy that was characteristically cautious, precise and single-mindedly aimed at one goal: winning.\u003c/p>\n\u003cp>Knowing that she had to persuade male, establishment-oriented judges, she often picked male plaintiffs, and she liked Social Security cases because they illustrated how discrimination against women can harm men. For example, in \u003cem>Weinberger v. Wiesenfeld\u003c/em>, she represented a man whose wife, the principal breadwinner, died in childbirth. The husband sought survivor's benefits to care for his child, but under the then-existing Social Security law, only widows, not widowers, were entitled to such benefits.\u003c/p>\n\u003cp>\"This absolute exclusion, based on gender per se, operates to the disadvantage of female workers, their surviving spouses, and their children,\" Ginsburg told the justices at oral argument. The Supreme Court would ultimately agree, as it did in five of the six cases she argued.\u003c/p>\n\u003cp>Over the ensuing years, Ginsburg would file dozens of briefs seeking to persuade the courts that the 14th Amendment guarantee of equal protection applies not just to racial and ethnic minorities, but to women as well.\u003c/p>\n\u003cp>In an interview with NPR, she explained the legal theory that she eventually sold to the Supreme Court.\u003c/p>\n\u003cp>\"The words of the 14th Amendment's equal protection clause — 'nor shall any state deny to any person the equal protection of the laws.' Well that word, 'any person,' covers women as well as men. And the Supreme Court woke up to that reality in 1971,\" Ginsburg said.\u003c/p>\n\u003cp>During these pioneering years, Ginsburg would often work through the night as she had during law school. But by this time, she had two children, and she later liked to tell a story about the lesson she learned when her son, in grade school, seemed to have a proclivity for getting into trouble.\u003c/p>\n\u003cp>The scrapes were hardly major, and Ginsburg grew exasperated by demands from school administrators that she come in to discuss her son's alleged misbehavior. Finally, there came a day when she had had enough. \"I had stayed up all night the night before, and I said to the principal, 'This child has two parents. Please alternate calls.'\"\u003c/p>\n\u003cp>After that, she found, the calls were few and far between. It seemed, she said, that most infractions were not worth calling a busy husband about.\u003c/p>\n\u003cfigure id=\"attachment_11838809\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11838809 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap120411123595_wide-5910f9126165cf78bce8466017fc59b9d3219834-2-scaled-e1600473699297.jpg\" alt=\"\" width=\"1920\" height=\"1080\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg (left) joins the only three other women to sit on the U.S. Supreme Court — Sandra Day O'Connor, Sonia Sotomayor and Elena Kagan — in a celebration of O'Connor, the first woman justice, at the Newseum in Washington in 20 \u003ccite>(Manuel Balce Ceneta/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>The Supreme Court's Second Woman\u003c/strong>\u003c/h3>\n\u003cp>In 1980 then-President Jimmy Carter named Ginsburg to the U.S. Court of Appeals for the District of Columbia. Over the next 13 years, she would amass a record as something of a centrist liberal, and in 1993 then-President Bill Clinton nominated her to the Supreme Court, the second woman appointed to the position.\u003c/p>\n\u003cp>She was not first on his list. For months Clinton flirted with other potential nominees, and some women's rights activists withheld their active support because they were worried about Ginsburg's views on abortion. She had been publicly critical of the legal reasoning in \u003cem>Roe v. Wade. \u003c/em>\u003c/p>\n\u003cp>But in the background, Marty Ginsburg was lobbying hard for his wife. And finally Ruth Ginsburg was invited for a meeting with the president. As one White House official put it afterward, Clinton \"fell for her--hook, line and sinker.\" So did the Senate. She was confirmed by a vote of 96 to 3.\u003c/p>\n\u003cfigure id=\"attachment_11838774\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11838774 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1706\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-1536x1023.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-1920x1279.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">President Bill Clinton announces Ruth Bader Ginsburg as his nominee to the Supreme Court during a news conference in Washington D.C., on June 14, 1993. Ginsburg replaced retired Justice Byron White and became the nation's second female justice. \u003ccite>(Doug Mills/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Once on the court, Ginsburg was an example of a woman who defied stereotypes. Though she looked tiny and frail, she rode horses well into her 70s and even went parasailing. At home, it was her husband who was the chef, indeed a master chef, while the justice cheerfully acknowledged that she was an awful cook.\u003c/p>\n\u003cp>Though a liberal, she and the court's conservative icon, Antonin Scalia, now deceased, were the closest of friends. Indeed, \u003ca href=\"https://www.npr.org/2013/07/10/200137481/scalia-v-ginsburg-supreme-court-sparring-put-to-music\">an opera called \u003cem>Scalia/Ginsburg\u003c/em>\u003c/a> is based on their legal disagreements, and their affection for each other.\u003c/p>\n\u003cp>Over the years, as Ginsburg's place on the court grew in seniority, so did her role. In 2006, as the court veered right after the retirement of Justice Sandra Day O'Connor, Ginsburg dissented more often and more assertively, her most passionate dissents coming in women's rights cases.\u003c/p>\n\u003cp>Dissenting in \u003cem>Ledbetter v. Goodyear\u003c/em> in 2007, she called on Congress to pass legislation that would override a court decision that drastically limited back-pay available for victims of employment discrimination. The resulting legislation was the first bill passed in 2009 after President Barack Obama took office.\u003c/p>\n\u003cp>In 2014, she dissented fiercely from the court's decision in \u003cem>Burwell v. Hobby Lobby, \u003c/em>a decision that allowed some for-profit companies to refuse, on religious grounds, to comply with a federal mandate to cover birth control in health care plans. Such an exemption, she said, would \"deny legions of women who do not hold their employers' beliefs, access to contraceptive coverage.\"\u003c/p>\n\u003cp>Where, she asked, \"is the stopping point?\" Suppose it offends an employer's religious belief \"to pay the minimum wage\" or \"to accord women equal pay?\"\u003c/p>\n\u003cp>And in 2013, when the court struck down a key provision of the Voting Rights Act, contending that times had changed and the law was no longer needed, Ginsburg dissented. She said that throwing out the provision \"when it has worked and is continuing to work ... is like throwing away your umbrella in a rainstorm because you are not getting wet.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size='medium' align='right' citation='Ruth Bader Ginsberg']'Some of my favorite opinions are dissenting opinions ... I will not live to see what becomes of them, but I remain hopeful'[/pullquote]\u003c/span>\u003c/p>\n\u003cp>She viewed her dissents as a chance to persuade a future court.\u003c/p>\n\u003cp>\"Some of my favorite opinions are dissenting opinions,\" Ginsburg told NPR. \"I will not live to see what becomes of them, but I remain hopeful.\"\u003c/p>\n\u003cp>And yet, Ginsburg still managed some unexpected victories by winning over one or two of the conservative justices in important cases. In 2015, for example, she authored the court's decision upholding independent redistricting commissions established by voter referenda as a way of removing some of the partisanship in drawing legislative district lines.\u003c/p>\n\u003cp>Ginsburg always kept a backbreaking schedule of public appearances both at home and abroad\u003cstrong>, \u003c/strong>even after five bouts with cancer: colon cancer in 1999, pancreatic cancer 10 years later, lung cancer in 2018, and then pancreatic cancer again in 2019 and liver lesions in 2020. During that time, she endured chemotherapy, radiation, and in the last years of her life, terrible pain from shingles that never went away completely. All who knew her admired her grit. In 2009, three weeks after major cancer surgery, she surprised everyone when she showed up for the State of the Union address.\u003c/p>\n\u003cp>Shortly after that, she was back on the bench; it was her husband Marty who told her she could do it, even when she thought she could not, she told NPR.\u003c/p>\n\u003cp>A year later her psychological toughness was on full display when her beloved husband of 56 years was mortally ill. As she packed up his things at the hospital before taking him home to die, she found a note he had written to her. \"My Dearest Ruth,\" it began, \"You are the only person I have ever loved,\" setting aside children and family. \"I have admired and loved you almost since the day we first met at Cornell....The time has come for me to ... take leave of life because the loss of quality simply overwhelms. I hope you will support where I come out, but I understand you may not. I will not love you a jot less.\"\u003c/p>\n\u003cp>Shortly after that, Marty Ginsburg died at home. The next day, his wife, the justice, was on the bench, reading an important opinion she had authored for the court. She was there, she said, because \"Marty would have wanted it.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Years later, she would read the letter aloud in an NPR interview, and at the end, choke down the tears.\u003c/p>\n\u003cp>In the years after Marty's death, she would persevere without him, maintaining a jam-packed schedule when she was not on the bench or working on opinions.\u003c/p>\n\u003cp>Some liberals criticicized her for not retiring while Obama was president, but she was at the top of her game, enjoyed her work enormously, and feared that Republicans might not confirm a successor. She was an avid consumer of opera, literature, and modern art. But in the end, it was her work, she said, that sustained her.\u003c/p>\n\u003cp>\"I do think that I was born under a very bright star,\" she said in an NPR interview. \"Because if you think about my life, I get out of law school. I have top grades. No law firm in the city of New York will hire me. I end up teaching; it gave me time to devote to the movement for evening out the rights of women and men. \"\u003c/p>\n\u003cp>And it was that legal crusade for women's rights that ultimately led to her appointment to the U.S. Supreme Court.\u003c/p>\n\u003cp>To the end of her tenure, she remained a special kind of feminist, both decorous and dogged.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Justice+Ruth+Bader+Ginsburg%2C+Champion+Of+Gender+Equality%2C+Dies+At+87&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cdiv>\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Justice Ruth Bader Ginsburg, the demure firebrand who in her 80s became a legal, cultural, and feminist icon has died. The Supreme Court announced her death, saying the cause was complications from cancer.\u003c/p>\n\u003cp>Architect of the legal fight for women's rights in the 1970s, Ginsburg subsequently served 27 years on the nation's highest court, becoming its most prominent member. Her death will inevitably set in motion what promises to be a nasty and tumultuous political battle over who will succeed her, and it thrusts the Supreme Court vacancy into the spotlight of the presidential campaign.\u003c/p>\n\u003cp>Just days before her death, as her strength waned, Ginsburg dictated this statement to her granddaughter Clara Spera: \"My most fervent wish is that I will not be replaced until a new president is installed.\"\u003c/p>\n\u003cp>She knew what was to come. Ginsburg's death will have profound consequences for the court and the country. Inside the court, not only is the leader of the liberal wing gone, but with the Court about to open a new term, Chief Justice John Roberts no longer holds the controlling vote in closely contested cases.\u003c/p>\n\u003cp>Though he has a consistently conservative record in most cases, he has split from fellow conservatives in a few important ones, this year casting his vote with liberals, for instance, to at least temporarily protect the so-called Dreamers from deportation by the Trump administration, to uphold a major abortion precedent, and to uphold bans on large church gatherings during the coronavirus pandemic. But with Ginsburg gone, there is no clear court majority for those outcomes.\u003c/p>\n\u003cfigure id=\"attachment_11838795\" class=\"wp-caption aligncenter\" style=\"max-width: 1982px\">\u003cimg class=\"wp-image-11838795 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2.jpg\" alt=\"\" width=\"1982\" height=\"1320\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2.jpg 1982w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-1536x1023.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_12_slide-93969b5aa430b7b6996ffc5f8f081178be82fa88-2-1920x1279.jpg 1920w\" sizes=\"(max-width: 1982px) 100vw, 1982px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg speaks during the annual meeting of the American Society of International Law in Washington on April 1, 2005. \u003ccite>(Haraz Ghanbari/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>Upcoming Political Battle\u003c/strong>\u003c/h3>\n\u003cp>Indeed, a week after the upcoming presidential election, the court is for the third time scheduled to hear a challenge brought by Republicans to the Affordable Care Act, known as Obamacare. In 2012 the high court upheld the law by a 5-to-4 vote, with Chief Justice Roberts casting the deciding vote and writing the opinion for the majority. But this time the outcome may well be different.\u003c/p>\n\u003cp>That's because Ginsburg's death gives Republicans the chance to tighten their grip on the court with another Trump appointment that would give conservatives a 6-to-3 majority. And that would mean that even a defection on the right would leave conservatives with enough votes to prevail in the Obamacare case and many others.\u003c/p>\n\u003cp>At the center of the battle to achieve that will be Senate Majority Leader Mitch McConnell. In 2016 he took a step unprecedented in modern times: He refused for nearly a year to allow any consideration of President Obama's supreme court nominee.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Back then, McConnell's justification was the upcoming presidential election, which he said would allow voters a chance to weigh in on what kind of justice they wanted. But now, with the tables turned, McConnell has made clear he will not follow the same course. Instead he will try immediately push through a Trump nominee so as to ensure a conservative justice to fill Ginsburg's liberal shoes, even if President Trump were to lose his reelection bid. Asked what he would do in circumstances like these, McConnell said: \"Oh, we'd fill it.\"\u003c/p>\n\u003cp>So what happens in the coming weeks will be bare-knuckle politics, writ large, on the stage of a presidential election. It will be a fight Ginsburg had hoped to avoid, telling Justice Stevens shortly before his death that she hoped to serve as long as he did — until age 90.\u003c/p>\n\u003cp>\"My dream is that I will stay on the court as long as he did,\" she said in an interview in 2019.\u003c/p>\n\u003cfigure id=\"attachment_11838802\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11838802 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1705\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-1536x1023.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-2048x1364.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/11076641_h21192027_slide-6dd2122ae20b3e23ba078e4afeb0c7cfce0227b8-2-1920x1279.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg hugs President Barack Obama as he arrives to deliver his State of the Union speech on Capitol Hill on Feb. 12, 2013. \u003ccite>(Jason Reed/Reuters /Landov)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>'Tough As Nails'\u003c/strong>\u003c/h3>\n\u003cp>She didn't quite make it. But Ruth Bader Ginsburg was nonetheless an historic figure. She changed the way the world is for American women. For more than a decade, until her first judicial appointment in 1980, she led the fight in the courts for gender equality. When she began her legal crusade, women were treated, by law, differently from men. Hundreds of state and federal laws restricted what women could do, barring them from jobs, rights and even from jury service. By the time she donned judicial robes, however, Ginsburg had worked a revolution.\u003c/p>\n\u003cp>That was never more evident than in 1996 when, as a relatively new Supreme Court justice, Ginsburg wrote the court's 7-to-1 opinion declaring that the Virginia Military Institute could no longer remain an all-male institution. True, said Ginsburg, most women — indeed most men — would not want to meet the rigorous demands of VMI. But the state, she said, could not exclude women who could meet those demands.\u003c/p>\n\u003cp>\"Reliance on overbroad generalizations ... estimates about the way most men or most women are, will not suffice to deny opportunity to women whose talent and capacity place them outside the average description,\" Ginsburg wrote.\u003c/p>\n\u003cp>She was an unlikely pioneer, a diminutive and shy woman, whose soft voice and large glasses hid an intellect and attitude that, as one colleague put it, was \"tough as nails.\"\u003c/p>\n\u003cp>By the time she was in her 80s, she had become something of a rock star to women of all ages. She was the subject of a hit documentary, a biopic, an operetta, merchandise galore featuring her \"Notorious RBG\" moniker, a Time magazine cover, and regular \"Saturday Night Live\" sketches.\u003c/p>\n\u003cp>On one occasion in 2016, Ginsburg got herself into trouble and \u003ca href=\"https://www.npr.org/2016/07/14/486080234/listen-justice-ginsburg-expands-on-decision-to-apologize-for-trump-remarks\">later publicly apologized\u003c/a> for disparaging remarks she made about then-presidential candidate Donald Trump.\u003c/p>\n\u003cp>But for the most part Ginsburg enjoyed her fame and maintained a sense of humor about herself.\u003c/p>\n\u003cp>Asked about the fact that she had apparently fallen asleep during the 2015 State of the Union address, Ginsburg did not take the Fifth, admitting that although she had vowed not to drink at dinner with the other justices before the speech, the wine had just been too good to resist. The result, she said, was that she was perhaps not an entirely \"sober judge\" and kept nodding off.\u003c/p>\n\u003ch3>\u003cstrong>The Road To Law\u003c/strong>\u003c/h3>\n\u003cp>Born in Brooklyn, N.Y., Ruth Bader went to public schools, where she excelled as a student — and as a baton twirler. By all accounts, it was her mother who was the driving force in her young life, but Celia Bader died of cancer the day before the future Justice would graduate from high school.\u003c/p>\n\u003cp>Then 17, Ruth Bader went on to Cornell on full scholarship, where she met Martin (aka \"Marty\") Ginsburg. \"What made Marty so overwhelmingly attractive to me was that he cared that I had a brain,\" she said.\u003c/p>\n\u003cp>After her graduation, they were married and went off to Fort Sill, Okla., for his military service. There Mrs. Ginsburg, despite scoring high on the civil service exam, could only get a job as a typist, and when she became pregnant, she lost even that job.\u003c/p>\n\u003cp>Two years later, the couple returned to the East Coast to attend Harvard Law School. She was one of only nine women in a class of over 500 and found the dean asking her why she was taking up a place that \"should go to a man.\"\u003c/p>\n\u003cp>At Harvard, she was the academic star, not Marty. The couple was busy juggling schedules, and their toddler when Marty was diagnosed with testicular cancer. Surgeries and aggressive radiation followed.\u003c/p>\n\u003cp>\"So that left Ruth with a 3-year-old child, a fairly sick husband, the law review, classes to attend and feeding me,\" said Marty Ginsburg in a 1993 interview with NPR.\u003c/p>\n\u003cp>The experience also taught the future justice that sleep was a luxury. During the year of Marty's illness, he was only able to eat late at night; after that he would dictate his senior class paper to Ruth. At about 2 a.m., he would go back to sleep, Ginsburg recalled in an NPR interview. \"Then I'd take out the books and start reading what I needed to be prepared for classes the next day.\"\u003c/p>\n\u003cp>Marty Ginsburg survived, graduated, and got a job in New York; his wife, a year behind him in school, transferred to Columbia, where she graduated at the top of her law school class. Despite her academic achievements, the doors to law firms were closed to women, and though recommended for a Supreme Court clerkship, she wasn't even interviewed.\u003c/p>\n\u003cp>It was bad enough that she was a woman, she recalled later, but she was also a mother, and male judges worried that she would be diverted by her \"familial obligations.\"\u003c/p>\n\u003cp>A mentor, law professor Gerald Gunther, finally got her a clerkship in New York by promising Judge Edmund Palmieri that if she couldn't do the work, he would provide someone who could. That was \"the carrot,\" Ginsburg would say later. \"The stick\" was that Gunther, who regularly fed his best students to Palmieri, told the judge that if he didn't take Ginsburg, Gunther would never send him a clerk again. The Ginsburg clerkship apparently was a success; Palmieri kept her not for the usual one year, but two, from 1959-61.\u003c/p>\n\u003cp>Ginsburg's next path is rarely talked about, mainly because it doesn't fit the narrative. She learned Swedish so she could work with Anders Berzelius, a Swedish civil procedure scholar. Through the Columbia Law School Project on International Procedure, Ginsburg and Berzelius co-authored a book.\u003c/p>\n\u003cp>In 1963, Ginsburg finally landed a teaching job at Rutgers law school, where she at one point hid her second pregnancy by wearing her mother-in-law's clothes. The ruse worked; her contract was renewed before her new baby was born.\u003c/p>\n\u003cp>While at Rutgers, she began her work fighting gender discrimination.\u003c/p>\n\u003cfigure id=\"attachment_11838804\" class=\"wp-caption aligncenter\" style=\"max-width: 1185px\">\u003cimg class=\"wp-image-11838804 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2.jpg\" alt=\"\" width=\"1185\" height=\"790\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2.jpg 1185w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap03091207588_slide-1f65fe415831459bc01bfcf6e20b79d72a4ed335-2-160x107.jpg 160w\" sizes=\"(max-width: 1185px) 100vw, 1185px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg and her husband, Marty, laugh as they listen to Justice Stephen Breyer speak at Columbia Law School on Sept. 12, 2003 \u003ccite>(Ed Bailey/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>The 'Mother Brief'\u003c/strong>\u003c/h3>\n\u003cp>Her first big case was a challenge to a law that barred a Colorado man named Charles Moritz from taking a tax deduction for the care of his 89-year-old mother. The IRS said the deduction, by statute, could only be claimed by women, or widowed or divorced men. But Moritz had never married.\u003c/p>\n\u003cp>The tax court concluded that the internal revenue code was immune to constitutional challenge, a notion that tax lawyer Marty Ginsburg viewed as \"preposterous.\" The two Ginsburgs took on the case, he from the tax perspective, she from the constitutional perspective.\u003c/p>\n\u003cp>According to Marty Ginsburg, for his wife, this was the \"mother brief.\" She had to think through all the issues and how to fix the inequity. The solution was to ask the court not to invalidate the statute but to apply it equally to both sexes. She won in the lower courts.\u003c/p>\n\u003cp>\"Amazingly,\" he recalled in a 1993 NPR interview, the government petitioned the United States Supreme Court, stating that the decision \"cast a cloud of unconstitutionality\" over literally hundreds of federal statutes, and it attached a list of those statutes, which it compiled with Defense Department computers.\u003c/p>\n\u003cp>Those laws, Marty Ginsburg added, \"were the statutes that my wife then litigated ... to overturn over the next decade.\"\u003c/p>\n\u003cp>In 1971, she would write her first Supreme Court brief in the case of \u003cem>Reed v. Reed. \u003c/em>Ginsburg represented Sally Reed, who thought she should be the executor of her son's estate instead of her ex-husband.\u003c/p>\n\u003cp>The constitutional issue was whether a state could automatically prefer men over women as executors of estates. The answer from the all-male supreme court: no.\u003c/p>\n\u003cp>It was the first time the court had ever struck down a state law because it discriminated based on gender.\u003c/p>\n\u003cfigure id=\"attachment_11838798\" class=\"wp-caption alignright\" style=\"max-width: 1980px\">\u003cimg class=\"size-full wp-image-11838798\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-scaled.jpg\" alt=\"\" width=\"1980\" height=\"2560\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-scaled.jpg 1980w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-800x1035.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1020x1319.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-160x207.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1188x1536.jpg 1188w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1584x2048.jpg 1584w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_17-259490fa8dad7bbf54882da381ffae57a4ccc155-2-1920x2483.jpg 1920w\" sizes=\"(max-width: 1980px) 100vw, 1980px\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg talks with filmmaker David Grubin about his PBS series, \u003cem>The Jewish Americans\u003c/em>, on Jan. 10, 2008. \u003ccite>(Kevin Wolf/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>And that was just the beginning.\u003c/p>\n\u003cp>By then Ginsburg was earning quite a reputation. She would become the first female tenured professor at Columbia Law School, and she would found the Women's Rights Project at the ACLU.\u003c/p>\n\u003cp>As the chief architect of the battle for women's legal rights, Ginsburg devised a strategy that was characteristically cautious, precise and single-mindedly aimed at one goal: winning.\u003c/p>\n\u003cp>Knowing that she had to persuade male, establishment-oriented judges, she often picked male plaintiffs, and she liked Social Security cases because they illustrated how discrimination against women can harm men. For example, in \u003cem>Weinberger v. Wiesenfeld\u003c/em>, she represented a man whose wife, the principal breadwinner, died in childbirth. The husband sought survivor's benefits to care for his child, but under the then-existing Social Security law, only widows, not widowers, were entitled to such benefits.\u003c/p>\n\u003cp>\"This absolute exclusion, based on gender per se, operates to the disadvantage of female workers, their surviving spouses, and their children,\" Ginsburg told the justices at oral argument. The Supreme Court would ultimately agree, as it did in five of the six cases she argued.\u003c/p>\n\u003cp>Over the ensuing years, Ginsburg would file dozens of briefs seeking to persuade the courts that the 14th Amendment guarantee of equal protection applies not just to racial and ethnic minorities, but to women as well.\u003c/p>\n\u003cp>In an interview with NPR, she explained the legal theory that she eventually sold to the Supreme Court.\u003c/p>\n\u003cp>\"The words of the 14th Amendment's equal protection clause — 'nor shall any state deny to any person the equal protection of the laws.' Well that word, 'any person,' covers women as well as men. And the Supreme Court woke up to that reality in 1971,\" Ginsburg said.\u003c/p>\n\u003cp>During these pioneering years, Ginsburg would often work through the night as she had during law school. But by this time, she had two children, and she later liked to tell a story about the lesson she learned when her son, in grade school, seemed to have a proclivity for getting into trouble.\u003c/p>\n\u003cp>The scrapes were hardly major, and Ginsburg grew exasperated by demands from school administrators that she come in to discuss her son's alleged misbehavior. Finally, there came a day when she had had enough. \"I had stayed up all night the night before, and I said to the principal, 'This child has two parents. Please alternate calls.'\"\u003c/p>\n\u003cp>After that, she found, the calls were few and far between. It seemed, she said, that most infractions were not worth calling a busy husband about.\u003c/p>\n\u003cfigure id=\"attachment_11838809\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11838809 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ap120411123595_wide-5910f9126165cf78bce8466017fc59b9d3219834-2-scaled-e1600473699297.jpg\" alt=\"\" width=\"1920\" height=\"1080\">\u003cfigcaption class=\"wp-caption-text\">Ginsburg (left) joins the only three other women to sit on the U.S. Supreme Court — Sandra Day O'Connor, Sonia Sotomayor and Elena Kagan — in a celebration of O'Connor, the first woman justice, at the Newseum in Washington in 20 \u003ccite>(Manuel Balce Ceneta/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>The Supreme Court's Second Woman\u003c/strong>\u003c/h3>\n\u003cp>In 1980 then-President Jimmy Carter named Ginsburg to the U.S. Court of Appeals for the District of Columbia. Over the next 13 years, she would amass a record as something of a centrist liberal, and in 1993 then-President Bill Clinton nominated her to the Supreme Court, the second woman appointed to the position.\u003c/p>\n\u003cp>She was not first on his list. For months Clinton flirted with other potential nominees, and some women's rights activists withheld their active support because they were worried about Ginsburg's views on abortion. She had been publicly critical of the legal reasoning in \u003cem>Roe v. Wade. \u003c/em>\u003c/p>\n\u003cp>But in the background, Marty Ginsburg was lobbying hard for his wife. And finally Ruth Ginsburg was invited for a meeting with the president. As one White House official put it afterward, Clinton \"fell for her--hook, line and sinker.\" So did the Senate. She was confirmed by a vote of 96 to 3.\u003c/p>\n\u003cfigure id=\"attachment_11838774\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11838774 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1706\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-1536x1023.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2020/09/ruth_04_slide-e0cecae8ed53293f57d73bceba92176c9c11813f-1-1920x1279.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">President Bill Clinton announces Ruth Bader Ginsburg as his nominee to the Supreme Court during a news conference in Washington D.C., on June 14, 1993. Ginsburg replaced retired Justice Byron White and became the nation's second female justice. \u003ccite>(Doug Mills/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Once on the court, Ginsburg was an example of a woman who defied stereotypes. Though she looked tiny and frail, she rode horses well into her 70s and even went parasailing. At home, it was her husband who was the chef, indeed a master chef, while the justice cheerfully acknowledged that she was an awful cook.\u003c/p>\n\u003cp>Though a liberal, she and the court's conservative icon, Antonin Scalia, now deceased, were the closest of friends. Indeed, \u003ca href=\"https://www.npr.org/2013/07/10/200137481/scalia-v-ginsburg-supreme-court-sparring-put-to-music\">an opera called \u003cem>Scalia/Ginsburg\u003c/em>\u003c/a> is based on their legal disagreements, and their affection for each other.\u003c/p>\n\u003cp>Over the years, as Ginsburg's place on the court grew in seniority, so did her role. In 2006, as the court veered right after the retirement of Justice Sandra Day O'Connor, Ginsburg dissented more often and more assertively, her most passionate dissents coming in women's rights cases.\u003c/p>\n\u003cp>Dissenting in \u003cem>Ledbetter v. Goodyear\u003c/em> in 2007, she called on Congress to pass legislation that would override a court decision that drastically limited back-pay available for victims of employment discrimination. The resulting legislation was the first bill passed in 2009 after President Barack Obama took office.\u003c/p>\n\u003cp>In 2014, she dissented fiercely from the court's decision in \u003cem>Burwell v. Hobby Lobby, \u003c/em>a decision that allowed some for-profit companies to refuse, on religious grounds, to comply with a federal mandate to cover birth control in health care plans. Such an exemption, she said, would \"deny legions of women who do not hold their employers' beliefs, access to contraceptive coverage.\"\u003c/p>\n\u003cp>Where, she asked, \"is the stopping point?\" Suppose it offends an employer's religious belief \"to pay the minimum wage\" or \"to accord women equal pay?\"\u003c/p>\n\u003cp>And in 2013, when the court struck down a key provision of the Voting Rights Act, contending that times had changed and the law was no longer needed, Ginsburg dissented. She said that throwing out the provision \"when it has worked and is continuing to work ... is like throwing away your umbrella in a rainstorm because you are not getting wet.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>She viewed her dissents as a chance to persuade a future court.\u003c/p>\n\u003cp>\"Some of my favorite opinions are dissenting opinions,\" Ginsburg told NPR. \"I will not live to see what becomes of them, but I remain hopeful.\"\u003c/p>\n\u003cp>And yet, Ginsburg still managed some unexpected victories by winning over one or two of the conservative justices in important cases. In 2015, for example, she authored the court's decision upholding independent redistricting commissions established by voter referenda as a way of removing some of the partisanship in drawing legislative district lines.\u003c/p>\n\u003cp>Ginsburg always kept a backbreaking schedule of public appearances both at home and abroad\u003cstrong>, \u003c/strong>even after five bouts with cancer: colon cancer in 1999, pancreatic cancer 10 years later, lung cancer in 2018, and then pancreatic cancer again in 2019 and liver lesions in 2020. During that time, she endured chemotherapy, radiation, and in the last years of her life, terrible pain from shingles that never went away completely. All who knew her admired her grit. In 2009, three weeks after major cancer surgery, she surprised everyone when she showed up for the State of the Union address.\u003c/p>\n\u003cp>Shortly after that, she was back on the bench; it was her husband Marty who told her she could do it, even when she thought she could not, she told NPR.\u003c/p>\n\u003cp>A year later her psychological toughness was on full display when her beloved husband of 56 years was mortally ill. As she packed up his things at the hospital before taking him home to die, she found a note he had written to her. \"My Dearest Ruth,\" it began, \"You are the only person I have ever loved,\" setting aside children and family. \"I have admired and loved you almost since the day we first met at Cornell....The time has come for me to ... take leave of life because the loss of quality simply overwhelms. I hope you will support where I come out, but I understand you may not. I will not love you a jot less.\"\u003c/p>\n\u003cp>Shortly after that, Marty Ginsburg died at home. The next day, his wife, the justice, was on the bench, reading an important opinion she had authored for the court. She was there, she said, because \"Marty would have wanted it.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Years later, she would read the letter aloud in an NPR interview, and at the end, choke down the tears.\u003c/p>\n\u003cp>In the years after Marty's death, she would persevere without him, maintaining a jam-packed schedule when she was not on the bench or working on opinions.\u003c/p>\n\u003cp>Some liberals criticicized her for not retiring while Obama was president, but she was at the top of her game, enjoyed her work enormously, and feared that Republicans might not confirm a successor. She was an avid consumer of opera, literature, and modern art. But in the end, it was her work, she said, that sustained her.\u003c/p>\n\u003cp>\"I do think that I was born under a very bright star,\" she said in an NPR interview. \"Because if you think about my life, I get out of law school. I have top grades. No law firm in the city of New York will hire me. I end up teaching; it gave me time to devote to the movement for evening out the rights of women and men. \"\u003c/p>\n\u003cp>And it was that legal crusade for women's rights that ultimately led to her appointment to the U.S. Supreme Court.\u003c/p>\n\u003cp>To the end of her tenure, she remained a special kind of feminist, both decorous and dogged.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Justice+Ruth+Bader+Ginsburg%2C+Champion+Of+Gender+Equality%2C+Dies+At+87&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cdiv>\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Two city contractors have pleaded guilty in an ongoing San Francisco government corruption scandal.\u003c/p>\n\u003cp>Balmore Hernandez pleaded guilty to one count of conspiring to commit fraud, and Florence Kong pleaded guilty to one count of bribery and one count of making false statements for lying to the FBI, according to plea agreements filed in federal court Thursday.\u003c/p>\n\u003cp>Both contractors committed those acts in connection with former San Francisco Public Works Director Mohammed Nuru, who was arrested by the FBI in January on corruption charges.\u003c/p>\n\u003cp>Two additional contractors, Alan Varela and William Gilmartin III have also been indicted by the FBI, alleging they also conspired with Hernandez to bribe Nuru.\u003c/p>\n\u003cp>Hernandez, CEO of contracting company AzulWorks, Inc., allegedly also performed more than $250,000 worth of work, labor and materials to build a vacation home on the then-Public Works director’s ranch in Colusa County. The gifts allegedly helped secure a multimillion-dollar contract for Hernandez to operate an asphalt plant, according to the federal \u003ca href=\"https://www.justice.gov/usao-ndca/pr/san-francisco-public-official-and-contractors-charged-crimes-related-public-corruption\">charging documents released in June\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The U.S. Attorney’s Office filed the specifics of the crimes Hernandez admitted under seal. Hernandez faces a maximum sentence of 20 years and a $250,000 fine. However, should he cooperate “fully and truthfully” with the ongoing corruption investigation, U.S. attorneys may seek a lesser sentence for Hernandez, they wrote.\u003c/p>\n\u003cp>Kong bribed Nuru with a Rolex watch worth roughly $36,000 that she bought in Hong Kong, and also helped install a gate on his vacation home, according to charging documents, which also detail intercepted phone calls demonstrating Nuru helped her obtain construction contracts for city facilities.\u003c/p>\n\u003cp>[documentcloud url=\"http://www.documentcloud.org/documents/7212861-USA-v-Florence-Kong-Plea-Agreement-9-17-2020.html\" responsive=true sidebar=false]\u003c/p>\n\u003cp>Kong gave Nuru the watch “as a reward for Nuru’s influence” directing contracts from Public Works to dispose of construction debris at her recycling business, SFR Recovery, Inc., according to the plea agreement filed Thursday. Unlike Hernandez, Kong’s plea agreement includes details of the crimes she admitted.\u003c/p>\n\u003cp>The bribery charge against Kong carries a maximum 10-year sentence and a $250,000 fine. A separate charge for lying to the FBI — she told them she had no communications with Nuru about her city contract — carries a maximum sentence of five years and a $250,000 fine.\u003c/p>\n\u003cp>Kong will face a sentence of “no more than” 18 months if she takes full responsibility for her crimes, cooperates with the investigation, pays full restitution for her ill-gotten gains, and agrees to not contact or intimidate victims or witnesses in the case, according to the plea agreement.\u003c/p>\n\u003cp>The filing also raises the possibility of deportation from the United States for Kong’s crimes.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=J1EJRrM0k3g&feature=youtu.be\u003c/p>\n\u003cp>\u003cem>Above, U.S. Attorney David Anderson discusses the new charges and Thursday’s guilty pleas.\u003c/em>\u003c/p>\n\u003cp>In pleading guilty, Kong signed the following statement: “I believed Nuru to be one of the most powerful public officials in the city, and I believed that he wielded tremendous power and influence over city business, permitting and other city government approvals.”\u003c/p>\n\u003cp>Kong initially lied to the FBI, according to court filings, telling them he did not help her with contracts, did not extend any contract application deadlines on her behalf, that she never gave him money or goods, and that she and Nuru did not talk about the debris contracts.[pullquote size=\"medium\" align=\"right\" citation=\"Florence Kong, city contractor charged with bribery\"]‘I believed Nuru to be one of the most powerful public officials in the city, and I believed that he wielded tremendous power and influence over city business, permitting and other city government approvals.’[/pullquote]\u003c/p>\n\u003cp>Since Nuru was first arrested, the unfolding San Francisco corruption scandal has expanded, touching on multiple departments throughout city government, including the Department of Building Inspection and the San Francisco Public Utilities Commission.\u003c/p>\n\u003cp>“The federal investigation into City Hall corruption has not been sidetracked by Covid-19 or other recent traumatic events,” U.S. Attorney David Anderson said in a June statement announcing charges against Hernandez and Kong. “Today’s criminal complaints will not be the last. To everyone with a piece of this corruption, again I urge you to help make things right for San Francisco. Run, don’t walk to the FBI, before it is too late for you to cooperate.”\u003c/p>\n\u003cp>Nuru was arrested by the FBI in January on public fraud charges. Lefty O’Doul’s restaurant owner Nick Bovis was also arrested in January on related charges.\u003c/p>\n\u003cp>New indictments also revealed Thursday accuse Varela, founder of construction firm ProVen Management, and Gilmartin, the firm’s vice president, of working with Hernandez to obtain a contract through Public Works to operate an asphalt plant on land owned by the Port of San Francisco.\u003c/p>\n\u003cp>The contractors allegedly bribed Nuru with a tractor worth $40,000 for preferential treatment in obtaining city contracts, according to the U.S. Attorney’s Office. Mission Local \u003ca href=\"https://missionlocal.org/2020/09/tractor-mohammed-nuru-fbi-doj/\">first reported the alleged bribery\u003c/a>. Hernandez also participated in the delivery of the tractor.\u003c/p>\n\u003cp>[aside tag=\"corruption\" label=\"More corruption coverage\"]\u003c/p>\n\u003cp>Gilmartin allegedly paid for “extravagant dinners” in excess of $20,000 for Nuru and Hernandez, according to court filings. Hernandez was the “primary contact” between Valera, Gilmartin and Nuru.\u003c/p>\n\u003cp>Gilmartin even expressed appreciation to Hernandez for his efforts to make a deal with Nuru — in writing.\u003c/p>\n\u003cp>“I have used you to help negotiate this deal because of your ability to understand and present our proposal without making the other side nervous. For this you are entitled to ownership,” Gilmartin wrote in an email.\u003c/p>\n\u003cp>Hernandez told the FBI agent he’s known Nuru for 20 years, and that they talk several times a month. The scheme dates back to 2013, according to court filings.\u003c/p>\n\u003cp>Since Nuru’s arrest, a cascade of subpoenas have been filed by City Attorney Dennis Herrera and the U.S. Attorney’s Office in a widening investigation of corruption in San Francisco government.\u003c/p>\n\u003cp>The Department of Building Inspection’s former director, Tom Hui, stepped down from his position in March after it was revealed he accepted gifts from a housing developer, among other accusations.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>City officials have tried to make forward-facing changes to prevent further corruption, including the City Controller’s Office, Supervisor Aaron Peskin and Supervisor Matt Haney, \u003ca href=\"https://www.kqed.org/news/11821145/months-after-sf-public-works-boss-nurus-arrest-staff-push-for-corruption-cleanup\">who are reworking city ethics laws to prevent city officials and contractors from gaming the system\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two city contractors have pleaded guilty in an ongoing San Francisco government corruption scandal.\u003c/p>\n\u003cp>Balmore Hernandez pleaded guilty to one count of conspiring to commit fraud, and Florence Kong pleaded guilty to one count of bribery and one count of making false statements for lying to the FBI, according to plea agreements filed in federal court Thursday.\u003c/p>\n\u003cp>Both contractors committed those acts in connection with former San Francisco Public Works Director Mohammed Nuru, who was arrested by the FBI in January on corruption charges.\u003c/p>\n\u003cp>Two additional contractors, Alan Varela and William Gilmartin III have also been indicted by the FBI, alleging they also conspired with Hernandez to bribe Nuru.\u003c/p>\n\u003cp>Hernandez, CEO of contracting company AzulWorks, Inc., allegedly also performed more than $250,000 worth of work, labor and materials to build a vacation home on the then-Public Works director’s ranch in Colusa County. The gifts allegedly helped secure a multimillion-dollar contract for Hernandez to operate an asphalt plant, according to the federal \u003ca href=\"https://www.justice.gov/usao-ndca/pr/san-francisco-public-official-and-contractors-charged-crimes-related-public-corruption\">charging documents released in June\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kong gave Nuru the watch “as a reward for Nuru’s influence” directing contracts from Public Works to dispose of construction debris at her recycling business, SFR Recovery, Inc., according to the plea agreement filed Thursday. Unlike Hernandez, Kong’s plea agreement includes details of the crimes she admitted.\u003c/p>\n\u003cp>The bribery charge against Kong carries a maximum 10-year sentence and a $250,000 fine. A separate charge for lying to the FBI — she told them she had no communications with Nuru about her city contract — carries a maximum sentence of five years and a $250,000 fine.\u003c/p>\n\u003cp>Kong will face a sentence of “no more than” 18 months if she takes full responsibility for her crimes, cooperates with the investigation, pays full restitution for her ill-gotten gains, and agrees to not contact or intimidate victims or witnesses in the case, according to the plea agreement.\u003c/p>\n\u003cp>The filing also raises the possibility of deportation from the United States for Kong’s crimes.\u003c/p>\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/J1EJRrM0k3g'\n title='//www.youtube.com/embed/J1EJRrM0k3g'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003cem>Above, U.S. Attorney David Anderson discusses the new charges and Thursday’s guilty pleas.\u003c/em>\u003c/p>\n\u003cp>In pleading guilty, Kong signed the following statement: “I believed Nuru to be one of the most powerful public officials in the city, and I believed that he wielded tremendous power and influence over city business, permitting and other city government approvals.”\u003c/p>\n\u003cp>Kong initially lied to the FBI, according to court filings, telling them he did not help her with contracts, did not extend any contract application deadlines on her behalf, that she never gave him money or goods, and that she and Nuru did not talk about the debris contracts.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since Nuru was first arrested, the unfolding San Francisco corruption scandal has expanded, touching on multiple departments throughout city government, including the Department of Building Inspection and the San Francisco Public Utilities Commission.\u003c/p>\n\u003cp>“The federal investigation into City Hall corruption has not been sidetracked by Covid-19 or other recent traumatic events,” U.S. Attorney David Anderson said in a June statement announcing charges against Hernandez and Kong. “Today’s criminal complaints will not be the last. To everyone with a piece of this corruption, again I urge you to help make things right for San Francisco. Run, don’t walk to the FBI, before it is too late for you to cooperate.”\u003c/p>\n\u003cp>Nuru was arrested by the FBI in January on public fraud charges. Lefty O’Doul’s restaurant owner Nick Bovis was also arrested in January on related charges.\u003c/p>\n\u003cp>New indictments also revealed Thursday accuse Varela, founder of construction firm ProVen Management, and Gilmartin, the firm’s vice president, of working with Hernandez to obtain a contract through Public Works to operate an asphalt plant on land owned by the Port of San Francisco.\u003c/p>\n\u003cp>The contractors allegedly bribed Nuru with a tractor worth $40,000 for preferential treatment in obtaining city contracts, according to the U.S. Attorney’s Office. Mission Local \u003ca href=\"https://missionlocal.org/2020/09/tractor-mohammed-nuru-fbi-doj/\">first reported the alleged bribery\u003c/a>. Hernandez also participated in the delivery of the tractor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>San Joaquin County District Attorney Tori Verber Salazar fits the traditional profile of a DA.\u003c/p>\n\u003cp>She’s a Republican from California’s Central Valley. She comes from a family whose last three generations have served in law enforcement. And, she’s a fiscal conservative.\u003c/p>\n\u003cp>But when Salazar became DA in 2015 and started talking to other elected prosecutors around the state, she often found herself on the outside looking in.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"San Joaquin County DA Tori Verber Salazar\"]‘The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change.’[/pullquote] “The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change,” she said. “Every time that there was an opportunity to look at criminal justice differently and to have that really difficult conversation and really look at our role in all of this … instead of saying, ‘This is an opportunity,’ they immediately went to opposition and they opposed all criminal justice or most criminal justice reform.”\u003c/p>\n\u003cp>On Tuesday, Salazar joined forces with two other DAs — Diana Becton of Contra Costa County and\u003ca href=\"https://www.kqed.org/news/11793457/can-s-f-s-chesa-boudin-flip-the-script-for-progressive-das-across-the-country\"> Chesa Boudin\u003c/a> of San Francisco — as well as George Gascón, the former San Francisco DA now \u003ca href=\"https://www.latimes.com/projects/la-district-attorney-race-lacey-vs-gascon-analysis/\">running for the top prosecutor job in Los Angeles\u003c/a>, in announcing the formation of a “progressive law enforcement association.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dubbed the \u003ca href=\"https://prosecutorsalliance.org/\">Prosecutors Alliance of California\u003c/a>, the group and its advocacy arm plan to campaign for and against state legislation, ballot initiatives and candidate races, with an eye on “modern and sustainable approaches to achieving safety and community health.”\u003c/p>\n\u003cp>Cristine Soto DeBerry, executive director of the initiative, says the group will be actively involved in lobbying and educating state lawmakers in Sacramento as well as pushing back against ballot measures\u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\"> its members consider harmful\u003c/a>, such as \u003ca href=\"https://www.kqed.org/news/11826314/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms\">Proposition 20\u003c/a> on the ballot this November, which would roll back a number of recent statewide criminal justice reforms, making it harder for some state inmates to get parole and easier for others to be sent to prison or jail. The group will also serve as a resource for prosecutors who want to implement new policies and receive training on how to do so.\u003c/p>\n\u003cp>In this moment of widespread protests against systemic racism and distrust in the criminal justice system, members of the group say it’s crucial for diverse voices within the law enforcement community to be heard in an effort to help restore confidence in the system.\u003c/p>\n\u003cp>But Vern \u003cspan style=\"font-weight: 400\">Pierson, \u003c/span>head of he California District Attorney’s Association, says his group r\u003cspan style=\"font-weight: 400\">epresents a wide diversity of viewpoints and \u003c/span>welcomes the new effort.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“CDAA represent 57 DAs, and 4,000 non-elected prosecutors in California. … you can imagine in San Francisco versus Riverside there are very different perspectives on criminal justice issues,” said Pierson, the DA for El Dorado County. “I don’t have a problem with the new organization — it represents a small segment of that.”\u003cbr>\n\u003c/span>\u003c/p>\n\u003cp>Pierson notes that Boudin, San Francisco’s liberal district attorney, is also a member of CDAA, and says there will likely be issues the two groups can partner on.\u003c/p>\n\u003cp>As for Salazar, she freely admits she never expected to be part of an alliance with some of the most liberal DAs in the state. Boudin is a former public defender, while Gascón angered many of his law enforcement colleagues by helping write and push \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\">Proposition 47\u003c/a>, one of the most sweeping statewide criminal justice reforms in years.\u003c/p>\n\u003cp>https://twitter.com/CristineDeBerry/status/1305980787838218240\u003c/p>\n\u003cp>But, Salazar said, it actually fits quite well with her philosophy of public safety — she notes that for years, California increased spending on law enforcement and incarceration, but that it never correlated with lower crime or recidivism rates.\u003c/p>\n\u003cp>“I will definitely get backlash for this. I didn’t start my career thinking I’m going to be sitting next to these guys,” she said. “I had to have that very difficult conversation with myself as to what was my ethical and moral responsibility and what was my fiscal responsibility to my community. And how do I start healing it by building trust and transparency.”\u003c/p>\n\u003cp>The group aims to be a counter voice to existing law enforcement associations in California, which have wielded immense power, supporting and sometimes funding many of the state’s harshest sentencing laws and opposing most reform efforts.\u003c/p>\n\u003cp>Even as California has become more progressive and voters have been willing to embrace change, those associations have remained incredibly conservative, DeBerry notes.\u003c/p>\n\u003cp>That’s in part, she says, because most of those groups give equal voice to every county — meaning that Los Angeles County, with a population of 10 million, has the same weight as Alpine County, with its 1,100 residents.\u003c/p>\n\u003cp>“What is clear is that the criminal justice system we have had in this country no longer serves our best interests and arguably never did serve our best interests,” DeBerry said, pointing to the absence within the law enforcement community of any strong collective voice pushing for change.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"criminal-justice-reform\"]“And that has made it much harder, I think, for reform to prevail, because we’ve ended up in a conversation, a false conversation, that suggests there’s a dichotomy between reform and safety,” she said.\u003c/p>\n\u003cp>Salazar echoes that frustration, saying she’s clashed with other California prosecutors over their position that any change will lead to violence in the streets; and over their insistence that even when voters have approved reforms, they didn’t really know what they were voting for.\u003c/p>\n\u003cp>“I find that very insulting. I am a voter and I take my voting responsibility very seriously,” she said, noting that reforms like Proposition 47 passed with nearly 60% of the vote. “So, are you really saying 60% to 65% of our community is uneducated and ignorant and didn’t know what they were voting for?”\u003c/p>\n\u003cp>In her book \u003ca href=\"https://emilybazelon.com/\">“Charged\u003c/a>,” journalist Emily Bazelon examines how the overarching power of local prosecutors has helped further mass incarceration in the United States — and how some progressive DAs are seeking to reverse that trend. A group like the Prosecutors Alliance of California, she says, stands to make a real difference in debates around criminal justice reform, particularly in Sacramento, where law enforcement has traditionally spoken with one voice.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“It changes who’s speaking for law enforcement, right? So, if you have district attorneys united in saying that a sentencing reform is a bad idea, or it’s not safe — that sends a really strong message,” Bazelon said. “If you have some DAs on the other side, even if it’s the minority, saying, ‘Wait, wait, wait, we don’t need these heavy sentences to do our jobs. We see a reason to make changes that will make the system more fair. And that is in line with our public safety goals.’ — That really changes the conversation.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Joaquin County District Attorney Tori Verber Salazar fits the traditional profile of a DA.\u003c/p>\n\u003cp>She’s a Republican from California’s Central Valley. She comes from a family whose last three generations have served in law enforcement. And, she’s a fiscal conservative.\u003c/p>\n\u003cp>But when Salazar became DA in 2015 and started talking to other elected prosecutors around the state, she often found herself on the outside looking in.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp> “The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change,” she said. “Every time that there was an opportunity to look at criminal justice differently and to have that really difficult conversation and really look at our role in all of this … instead of saying, ‘This is an opportunity,’ they immediately went to opposition and they opposed all criminal justice or most criminal justice reform.”\u003c/p>\n\u003cp>On Tuesday, Salazar joined forces with two other DAs — Diana Becton of Contra Costa County and\u003ca href=\"https://www.kqed.org/news/11793457/can-s-f-s-chesa-boudin-flip-the-script-for-progressive-das-across-the-country\"> Chesa Boudin\u003c/a> of San Francisco — as well as George Gascón, the former San Francisco DA now \u003ca href=\"https://www.latimes.com/projects/la-district-attorney-race-lacey-vs-gascon-analysis/\">running for the top prosecutor job in Los Angeles\u003c/a>, in announcing the formation of a “progressive law enforcement association.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dubbed the \u003ca href=\"https://prosecutorsalliance.org/\">Prosecutors Alliance of California\u003c/a>, the group and its advocacy arm plan to campaign for and against state legislation, ballot initiatives and candidate races, with an eye on “modern and sustainable approaches to achieving safety and community health.”\u003c/p>\n\u003cp>Cristine Soto DeBerry, executive director of the initiative, says the group will be actively involved in lobbying and educating state lawmakers in Sacramento as well as pushing back against ballot measures\u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\"> its members consider harmful\u003c/a>, such as \u003ca href=\"https://www.kqed.org/news/11826314/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms\">Proposition 20\u003c/a> on the ballot this November, which would roll back a number of recent statewide criminal justice reforms, making it harder for some state inmates to get parole and easier for others to be sent to prison or jail. The group will also serve as a resource for prosecutors who want to implement new policies and receive training on how to do so.\u003c/p>\n\u003cp>In this moment of widespread protests against systemic racism and distrust in the criminal justice system, members of the group say it’s crucial for diverse voices within the law enforcement community to be heard in an effort to help restore confidence in the system.\u003c/p>\n\u003cp>But Vern \u003cspan style=\"font-weight: 400\">Pierson, \u003c/span>head of he California District Attorney’s Association, says his group r\u003cspan style=\"font-weight: 400\">epresents a wide diversity of viewpoints and \u003c/span>welcomes the new effort.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“CDAA represent 57 DAs, and 4,000 non-elected prosecutors in California. … you can imagine in San Francisco versus Riverside there are very different perspectives on criminal justice issues,” said Pierson, the DA for El Dorado County. “I don’t have a problem with the new organization — it represents a small segment of that.”\u003cbr>\n\u003c/span>\u003c/p>\n\u003cp>Pierson notes that Boudin, San Francisco’s liberal district attorney, is also a member of CDAA, and says there will likely be issues the two groups can partner on.\u003c/p>\n\u003cp>As for Salazar, she freely admits she never expected to be part of an alliance with some of the most liberal DAs in the state. Boudin is a former public defender, while Gascón angered many of his law enforcement colleagues by helping write and push \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\">Proposition 47\u003c/a>, one of the most sweeping statewide criminal justice reforms in years.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>But, Salazar said, it actually fits quite well with her philosophy of public safety — she notes that for years, California increased spending on law enforcement and incarceration, but that it never correlated with lower crime or recidivism rates.\u003c/p>\n\u003cp>“I will definitely get backlash for this. I didn’t start my career thinking I’m going to be sitting next to these guys,” she said. “I had to have that very difficult conversation with myself as to what was my ethical and moral responsibility and what was my fiscal responsibility to my community. And how do I start healing it by building trust and transparency.”\u003c/p>\n\u003cp>The group aims to be a counter voice to existing law enforcement associations in California, which have wielded immense power, supporting and sometimes funding many of the state’s harshest sentencing laws and opposing most reform efforts.\u003c/p>\n\u003cp>Even as California has become more progressive and voters have been willing to embrace change, those associations have remained incredibly conservative, DeBerry notes.\u003c/p>\n\u003cp>That’s in part, she says, because most of those groups give equal voice to every county — meaning that Los Angeles County, with a population of 10 million, has the same weight as Alpine County, with its 1,100 residents.\u003c/p>\n\u003cp>“What is clear is that the criminal justice system we have had in this country no longer serves our best interests and arguably never did serve our best interests,” DeBerry said, pointing to the absence within the law enforcement community of any strong collective voice pushing for change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“And that has made it much harder, I think, for reform to prevail, because we’ve ended up in a conversation, a false conversation, that suggests there’s a dichotomy between reform and safety,” she said.\u003c/p>\n\u003cp>Salazar echoes that frustration, saying she’s clashed with other California prosecutors over their position that any change will lead to violence in the streets; and over their insistence that even when voters have approved reforms, they didn’t really know what they were voting for.\u003c/p>\n\u003cp>“I find that very insulting. I am a voter and I take my voting responsibility very seriously,” she said, noting that reforms like Proposition 47 passed with nearly 60% of the vote. “So, are you really saying 60% to 65% of our community is uneducated and ignorant and didn’t know what they were voting for?”\u003c/p>\n\u003cp>In her book \u003ca href=\"https://emilybazelon.com/\">“Charged\u003c/a>,” journalist Emily Bazelon examines how the overarching power of local prosecutors has helped further mass incarceration in the United States — and how some progressive DAs are seeking to reverse that trend. A group like the Prosecutors Alliance of California, she says, stands to make a real difference in debates around criminal justice reform, particularly in Sacramento, where law enforcement has traditionally spoken with one voice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It changes who’s speaking for law enforcement, right? So, if you have district attorneys united in saying that a sentencing reform is a bad idea, or it’s not safe — that sends a really strong message,” Bazelon said. “If you have some DAs on the other side, even if it’s the minority, saying, ‘Wait, wait, wait, we don’t need these heavy sentences to do our jobs. We see a reason to make changes that will make the system more fair. And that is in line with our public safety goals.’ — That really changes the conversation.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "from-protesting-police-to-becoming-a-cop-himself",
"title": "From Protesting Police to Becoming a Cop Himself",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" style=\"border: none\" src=\"//html5-player.libsyn.com/embed/episode/id/15909761/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/005eb8/\" height=\"90\" width=\"100%\" scrolling=\"no\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003cbr>\n\u003c/span>\u003c/p>\n\u003cp>When the call came in over the radio, Jinho Ferreira was on patrol in the outskirts of San Leandro, getting ready to end his shift.\u003c/p>\n\u003cp>“It was a call for shots fired,” he said. “I showed up, and there was a man dead in a parking lot.”\u003c/p>\n\u003cp>The man was Black, and he had been shot to death by several Alameda County sheriff’s deputies.\u003c/p>\n\u003cp>Ferreira felt apprehensive. A successful rapper who’d had run-ins with the police himself, Ferreira had joined law enforcement for one reason: to fight a white supremacist system from the inside.\u003c/p>\n\u003cp>“I was thinking about occupying a badge and a gun, and using it in accordance with my values,” he said. “I needed to know if that was impossible.”\u003c/p>\n\u003cp>As he started taking statements from bystanders, Ferreira said he thought, “I was blocks away from this when it happened. … What is this going to turn into?”\u003c/p>\n\u003ch3>Lesser of Two Evils\u003c/h3>\n\u003cp>Before he became a cop, Ferreira didn’t trust them very much.\u003c/p>\n\u003cp>He grew up in the 1980s and 1990s in West Oakland, the home of the Black Panthers. Ferreira’s mom was a former Nation of Islam teacher who worked for Pacific Gas & Electric, and she raised her son on a steady diet of Black revolutionary theory.\u003c/p>\n\u003cp>It was also the height of the crack epidemic, a public health crisis that fueled crime. Some people turned to the police, but as Ferreira put it, “you’re kind of choosing a lesser of two evils.”\u003c/p>\n\u003cp>In the late 1990s, a group of Oakland Police Department officers known as the Riders allegedly kidnapped, beat and falsely arrested countless West Oakland residents. The city eventually settled the case and agreed to pay nearly $11 million to 119 different plaintiffs.\u003c/p>\n\u003cp>When he got to high school, Ferreira tried to keep his head down. He focused on football. That’s where he met Jihad Akbar.\u003c/p>\n\u003cp>“He was pretty much getting straight A’s all through high school,” said Ferreira. “He was the most politically aware of any of us, and he was a leader.”\u003c/p>\n\u003cp>Akbar attended UC Berkeley and grew into a dedicated activist, devoting his time to AIDS prevention and juvenile justice. But as the years went by, Ferreira said his friend began struggling with mental health issues and started to self-medicate. Akbar tried to get help but had trouble getting into a residential treatment program. Sometimes he’d get high and get paranoid about law enforcement, and Ferreira would spend hours just sitting with him.\u003c/p>\n\u003cp>Then, in October 2002, Ferreira got a call from a friend.\u003c/p>\n\u003cp>“He told me that Jihad was dead and the police killed him,” Ferreira said.\u003c/p>\n\u003cfigure id=\"attachment_11837446\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11837446\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2-800x450.jpg\" alt=\"At Berkeley High School, Jinho Ferreira (wearing a number 25 jersey in the second row) said he focused on football. That's where he met his friend, Jihad Akbar (in a number 40 jersey in the top row).\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At Berkeley High School, Jinho Ferreira (wearing a number 25 jersey in the second row) said he focused on football. That’s where he met his friend, Jihad Akbar (in a number 40 jersey in the top row). \u003ccite>(Courtesy of Jinho Ferreira)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>‘It’s My Job to Tell the World About Him’\u003c/h3>\n\u003cp>Ferreira found out the details later. Akbar allegedly ran into San Francisco’s Baghdad Cafe and stole several knives, then started dancing with them in the street outside.\u003c/p>\n\u003cp>“He was obviously having some type of mental breakdown,” Ferreira said. “Two cops showed up. He supposedly lunged at one of them, and they shot him, and he died.”\u003c/p>\n\u003cp>Akbar’s death made the news. Ferreira remembered one article describing his friend as a violent homeless man. He said it didn’t mention that Akbar had gone to UC Berkeley or been a straight-A student.\u003c/p>\n\u003cp>“I can’t leave it up to the guy that wrote that article about Jihad to tell the world about him,” he remembered thinking. “It’s literally my job to tell the world about him.”\u003c/p>\n\u003cp>At this point, Ferreira had been rapping for several years. In 2003, he got together with a singer and a guitarist at an Oakland recording studio and started a group called Flipsyde.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=e5QEAI_O2IA\u003c/p>\n\u003cp>“If you go back through all our songs, 90-95% of them deal with how this system victimizes people,” he said. “I’m carrying everything with me — all the people that have passed away with me — and I’m working as hard as I possibly can.”\u003c/p>\n\u003cp>The group took off. Flipsyde traveled the world with Snoop Dogg, Akon and the Black Eyed Peas. In 2006, NBC made their song “Someday” the theme song for their Winter Olympics coverage. But they were always a bigger deal abroad than they were back home.\u003c/p>\n\u003cp>“I needed to do more than just write a song,” Ferreira said.\u003c/p>\n\u003cp>For Ferreira, the turning point came on New Year’s Day in 2009. In the early hours of the morning, Oscar Grant was shot by a white police officer on the platform of Oakland’s Fruitvale BART Station. His death was filmed by bystanders. Ferreira watched the video and took to the streets.\u003c/p>\n\u003cp>“I go to the protest,” he said. “And I remember a journalist was interviewing artists. And he said, ‘What can we do as artists to make sure this never happens again?’ ”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jinho Ferreira, artist and former Alameda County sheriff's deputy\"]‘I was thinking about occupying a badge and a gun, and using it in accordance with my values.’[/pullquote]\u003c/p>\n\u003cp>The question left him reeling, then frustrated him.\u003c/p>\n\u003cp>“There’s one person that decided to pull the trigger to kill my partner, Jihad,” he said. “He was a cop. [And] if a miracle happens and we get rid of this cop, who’s going to replace him?”\u003c/p>\n\u003cp>Ferreira said he struggled with that question for a while. Then, he said, “I thought, ‘I should start thinking about going into law enforcement.’”\u003c/p>\n\u003ch3>Surviving the Battle\u003c/h3>\n\u003cp>When Ferreira first told his family he was thinking of becoming a cop, they were terrified for him — and a few relatives were angry. Ferreira wondered whether he would be allowed to join law enforcement at all.\u003c/p>\n\u003cp>“I’ve been all over the world, rapping in front of Snoop’s weed plants,” he said.\u003c/p>\n\u003cp>But in 2010, with a friend’s encouragement, Ferreira put down $5,000 and enrolled in the Alameda County Sheriff Academy. On his first day, he walked into a classroom with over 50 other recruits. Only five of them were Black men.\u003c/p>\n\u003cp>“When you’re in there, it’s eye opening,” Ferreira said. “You see all these people being trained, and a lot of them are good dudes. It’s like being on a football team.”\u003c/p>\n\u003cp>The officers who trained the recruits were tough and protective, he said.\u003c/p>\n\u003cp>“Their whole thing is, ‘My students will survive the battle. They will live,’” said Ferreira. “You watch videos of cops being killed, and they pick those videos apart.”\u003c/p>\n\u003cp>Ferreira doesn’t remember watching or analyzing any videos where the cops were the ones that killed people. According to Alameda County Sheriff’s Office spokesperson Sgt. Ray Kelly, the department now includes videos of officer-involved shootings in their trainings, but they didn’t when Ferreira was in the academy. Ferreira also said they didn’t really go into the history of the communities they’d be policing.\u003c/p>\n\u003cp>He expected to get kicked out of the Academy. Instead, he gave a speech at their graduation. By 2011, Ferreira was on the force, policing some of the same neighborhoods he was born and raised in.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>Good Cops and Bad Cops\u003c/h3>\n\u003cp>Some calls bothered him more than others. Like the one that came in about “a Black man with a knife at a bar.”\u003c/p>\n\u003cp>“He was threatening the bartender and wouldn’t pay,” Ferreira said. “I was the first dude on scene. The woman was screaming. I just ran in, and I saw him. We definitely made eye contact, and he kind of just paused, and he looked at me.”\u003c/p>\n\u003cp>Ferreira said he must have drawn his gun at some point, but he can’t remember doing it.\u003c/p>\n\u003cp>“He backed away from the bar,” he said. “And I just remember talking to him.”\u003c/p>\n\u003cp>Other cops arrived at the scene and put the man in handcuffs.\u003c/p>\n\u003cp>“It wasn’t until after that I thought about Jihad,” said Ferreira. “If I was that cop, would I have pulled the trigger?”\u003c/p>\n\u003cp>[aside tag=\"police-violence\" label=\"related stories\"]\u003c/p>\n\u003cp>Now that Ferreira was in law enforcement, certain details about his friend Akbar’s death stood out to him. The cop who shot Akbar said he lunged forward with a knife.\u003c/p>\n\u003cp>“I know how we were trained in the Academy,” Ferreira said. “I know what use-of-force laws matter, and I know how the reports are going to be written. [That] pretty much determines whether or not the cop is going to get off.”\u003c/p>\n\u003cp>“Cops can do a lot, legally,” he added. “Being in law enforcement … you’ll read an article where a cop shot somebody, or you’ll see it happen. And you’ll think to yourself, ‘That was legal, but he should not have done that.’ ”\u003c/p>\n\u003cp>These moments disturbed Ferreira. So during his off hours, he wrote a one-man theatrical performance called “Cops & Robbers.” He performed it at The Marsh Arts Center in Berkeley in 2014 and assumed he’d get fired for writing it. Instead, he was invited to join the Sheriff’s Office’s new Youth and Family Bureau Crime Prevention Unit, which runs after-school activities and works with therapists and neighborhood leaders.\u003c/p>\n\u003cp>Ferreira said his team was open-minded and worked hard. But as the years went by, other parts of the Sheriff’s Office were rocked by scandals. In 2015, two deputies were caught on video brutally beating a suspect. In 2018, a sergeant was charged with illegally recording conversations between juvenile suspects and their attorneys.\u003c/p>\n\u003cp>“So-called good cops and community policing cops around the country have done a terrible job of protecting the community from bad cops,” said Ferreira.\u003c/p>\n\u003cp>Ferreira said a lot of the community leaders he talked to didn’t trust law enforcement to run after-school activities or work with therapists. They just wanted them to go away.\u003c/p>\n\u003ch3>Turning in His Badge\u003c/h3>\n\u003cp>The night Ferreira responded to the call for shots fired and saw the man dead in the parking lot, he remembered thinking the shooting may have been justified. He also remembered thinking it might not have been.\u003c/p>\n\u003cp>It was March 2019 and he’d been a deputy for eight years. After the shooting, he turned in his badge.\u003c/p>\n\u003cp>When he looks back on his years in law enforcement, Ferreira feels conflicted.\u003c/p>\n\u003cp>“Working in law enforcement is hard,” he said. “I’m also proud of the time that I spent there.”\u003c/p>\n\u003cp>At the same time, he said, “There isn’t an American institution that doesn’t participate in anti-Blackness. Law enforcement is just the most visceral, the most impactful. It kills people. Now.”\u003c/p>\n\u003cp>Ferreira and Flipsyde have gotten back together again, and he’s working on a TV series about his experiences in law enforcement. He’s also protesting.\u003c/p>\n\u003cp>“I’m proud of the people in the streets,” he said. “To see these people out in the streets, demanding a different world? It’s humbling.”\u003c/p>\n\u003cp>\u003cem>This story originally aired on the radio program and podcast \u003ca href=\"https://www.worldaffairs.org/podcast\">WorldAffairs\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" style=\"border: none\" src=\"//html5-player.libsyn.com/embed/episode/id/15909761/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/005eb8/\" height=\"90\" width=\"100%\" scrolling=\"no\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003cbr>\n\u003c/span>\u003c/p>\n\u003cp>When the call came in over the radio, Jinho Ferreira was on patrol in the outskirts of San Leandro, getting ready to end his shift.\u003c/p>\n\u003cp>“It was a call for shots fired,” he said. “I showed up, and there was a man dead in a parking lot.”\u003c/p>\n\u003cp>The man was Black, and he had been shot to death by several Alameda County sheriff’s deputies.\u003c/p>\n\u003cp>Ferreira felt apprehensive. A successful rapper who’d had run-ins with the police himself, Ferreira had joined law enforcement for one reason: to fight a white supremacist system from the inside.\u003c/p>\n\u003cp>“I was thinking about occupying a badge and a gun, and using it in accordance with my values,” he said. “I needed to know if that was impossible.”\u003c/p>\n\u003cp>As he started taking statements from bystanders, Ferreira said he thought, “I was blocks away from this when it happened. … What is this going to turn into?”\u003c/p>\n\u003ch3>Lesser of Two Evils\u003c/h3>\n\u003cp>Before he became a cop, Ferreira didn’t trust them very much.\u003c/p>\n\u003cp>He grew up in the 1980s and 1990s in West Oakland, the home of the Black Panthers. Ferreira’s mom was a former Nation of Islam teacher who worked for Pacific Gas & Electric, and she raised her son on a steady diet of Black revolutionary theory.\u003c/p>\n\u003cp>It was also the height of the crack epidemic, a public health crisis that fueled crime. Some people turned to the police, but as Ferreira put it, “you’re kind of choosing a lesser of two evils.”\u003c/p>\n\u003cp>In the late 1990s, a group of Oakland Police Department officers known as the Riders allegedly kidnapped, beat and falsely arrested countless West Oakland residents. The city eventually settled the case and agreed to pay nearly $11 million to 119 different plaintiffs.\u003c/p>\n\u003cp>When he got to high school, Ferreira tried to keep his head down. He focused on football. That’s where he met Jihad Akbar.\u003c/p>\n\u003cp>“He was pretty much getting straight A’s all through high school,” said Ferreira. “He was the most politically aware of any of us, and he was a leader.”\u003c/p>\n\u003cp>Akbar attended UC Berkeley and grew into a dedicated activist, devoting his time to AIDS prevention and juvenile justice. But as the years went by, Ferreira said his friend began struggling with mental health issues and started to self-medicate. Akbar tried to get help but had trouble getting into a residential treatment program. Sometimes he’d get high and get paranoid about law enforcement, and Ferreira would spend hours just sitting with him.\u003c/p>\n\u003cp>Then, in October 2002, Ferreira got a call from a friend.\u003c/p>\n\u003cp>“He told me that Jihad was dead and the police killed him,” Ferreira said.\u003c/p>\n\u003cfigure id=\"attachment_11837446\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11837446\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2-800x450.jpg\" alt=\"At Berkeley High School, Jinho Ferreira (wearing a number 25 jersey in the second row) said he focused on football. That's where he met his friend, Jihad Akbar (in a number 40 jersey in the top row).\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/09/Cotsirilos_Jinhos-Journey_pic-2.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At Berkeley High School, Jinho Ferreira (wearing a number 25 jersey in the second row) said he focused on football. That’s where he met his friend, Jihad Akbar (in a number 40 jersey in the top row). \u003ccite>(Courtesy of Jinho Ferreira)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>‘It’s My Job to Tell the World About Him’\u003c/h3>\n\u003cp>Ferreira found out the details later. Akbar allegedly ran into San Francisco’s Baghdad Cafe and stole several knives, then started dancing with them in the street outside.\u003c/p>\n\u003cp>“He was obviously having some type of mental breakdown,” Ferreira said. “Two cops showed up. He supposedly lunged at one of them, and they shot him, and he died.”\u003c/p>\n\u003cp>Akbar’s death made the news. Ferreira remembered one article describing his friend as a violent homeless man. He said it didn’t mention that Akbar had gone to UC Berkeley or been a straight-A student.\u003c/p>\n\u003cp>“I can’t leave it up to the guy that wrote that article about Jihad to tell the world about him,” he remembered thinking. “It’s literally my job to tell the world about him.”\u003c/p>\n\u003cp>At this point, Ferreira had been rapping for several years. In 2003, he got together with a singer and a guitarist at an Oakland recording studio and started a group called Flipsyde.\u003c/p>\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/e5QEAI_O2IA'\n title='//www.youtube.com/embed/e5QEAI_O2IA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>“If you go back through all our songs, 90-95% of them deal with how this system victimizes people,” he said. “I’m carrying everything with me — all the people that have passed away with me — and I’m working as hard as I possibly can.”\u003c/p>\n\u003cp>The group took off. Flipsyde traveled the world with Snoop Dogg, Akon and the Black Eyed Peas. In 2006, NBC made their song “Someday” the theme song for their Winter Olympics coverage. But they were always a bigger deal abroad than they were back home.\u003c/p>\n\u003cp>“I needed to do more than just write a song,” Ferreira said.\u003c/p>\n\u003cp>For Ferreira, the turning point came on New Year’s Day in 2009. In the early hours of the morning, Oscar Grant was shot by a white police officer on the platform of Oakland’s Fruitvale BART Station. His death was filmed by bystanders. Ferreira watched the video and took to the streets.\u003c/p>\n\u003cp>“I go to the protest,” he said. “And I remember a journalist was interviewing artists. And he said, ‘What can we do as artists to make sure this never happens again?’ ”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The question left him reeling, then frustrated him.\u003c/p>\n\u003cp>“There’s one person that decided to pull the trigger to kill my partner, Jihad,” he said. “He was a cop. [And] if a miracle happens and we get rid of this cop, who’s going to replace him?”\u003c/p>\n\u003cp>Ferreira said he struggled with that question for a while. Then, he said, “I thought, ‘I should start thinking about going into law enforcement.’”\u003c/p>\n\u003ch3>Surviving the Battle\u003c/h3>\n\u003cp>When Ferreira first told his family he was thinking of becoming a cop, they were terrified for him — and a few relatives were angry. Ferreira wondered whether he would be allowed to join law enforcement at all.\u003c/p>\n\u003cp>“I’ve been all over the world, rapping in front of Snoop’s weed plants,” he said.\u003c/p>\n\u003cp>But in 2010, with a friend’s encouragement, Ferreira put down $5,000 and enrolled in the Alameda County Sheriff Academy. On his first day, he walked into a classroom with over 50 other recruits. Only five of them were Black men.\u003c/p>\n\u003cp>“When you’re in there, it’s eye opening,” Ferreira said. “You see all these people being trained, and a lot of them are good dudes. It’s like being on a football team.”\u003c/p>\n\u003cp>The officers who trained the recruits were tough and protective, he said.\u003c/p>\n\u003cp>“Their whole thing is, ‘My students will survive the battle. They will live,’” said Ferreira. “You watch videos of cops being killed, and they pick those videos apart.”\u003c/p>\n\u003cp>Ferreira doesn’t remember watching or analyzing any videos where the cops were the ones that killed people. According to Alameda County Sheriff’s Office spokesperson Sgt. Ray Kelly, the department now includes videos of officer-involved shootings in their trainings, but they didn’t when Ferreira was in the academy. Ferreira also said they didn’t really go into the history of the communities they’d be policing.\u003c/p>\n\u003cp>He expected to get kicked out of the Academy. Instead, he gave a speech at their graduation. By 2011, Ferreira was on the force, policing some of the same neighborhoods he was born and raised in.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>Good Cops and Bad Cops\u003c/h3>\n\u003cp>Some calls bothered him more than others. Like the one that came in about “a Black man with a knife at a bar.”\u003c/p>\n\u003cp>“He was threatening the bartender and wouldn’t pay,” Ferreira said. “I was the first dude on scene. The woman was screaming. I just ran in, and I saw him. We definitely made eye contact, and he kind of just paused, and he looked at me.”\u003c/p>\n\u003cp>Ferreira said he must have drawn his gun at some point, but he can’t remember doing it.\u003c/p>\n\u003cp>“He backed away from the bar,” he said. “And I just remember talking to him.”\u003c/p>\n\u003cp>Other cops arrived at the scene and put the man in handcuffs.\u003c/p>\n\u003cp>“It wasn’t until after that I thought about Jihad,” said Ferreira. “If I was that cop, would I have pulled the trigger?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Now that Ferreira was in law enforcement, certain details about his friend Akbar’s death stood out to him. The cop who shot Akbar said he lunged forward with a knife.\u003c/p>\n\u003cp>“I know how we were trained in the Academy,” Ferreira said. “I know what use-of-force laws matter, and I know how the reports are going to be written. [That] pretty much determines whether or not the cop is going to get off.”\u003c/p>\n\u003cp>“Cops can do a lot, legally,” he added. “Being in law enforcement … you’ll read an article where a cop shot somebody, or you’ll see it happen. And you’ll think to yourself, ‘That was legal, but he should not have done that.’ ”\u003c/p>\n\u003cp>These moments disturbed Ferreira. So during his off hours, he wrote a one-man theatrical performance called “Cops & Robbers.” He performed it at The Marsh Arts Center in Berkeley in 2014 and assumed he’d get fired for writing it. Instead, he was invited to join the Sheriff’s Office’s new Youth and Family Bureau Crime Prevention Unit, which runs after-school activities and works with therapists and neighborhood leaders.\u003c/p>\n\u003cp>Ferreira said his team was open-minded and worked hard. But as the years went by, other parts of the Sheriff’s Office were rocked by scandals. In 2015, two deputies were caught on video brutally beating a suspect. In 2018, a sergeant was charged with illegally recording conversations between juvenile suspects and their attorneys.\u003c/p>\n\u003cp>“So-called good cops and community policing cops around the country have done a terrible job of protecting the community from bad cops,” said Ferreira.\u003c/p>\n\u003cp>Ferreira said a lot of the community leaders he talked to didn’t trust law enforcement to run after-school activities or work with therapists. They just wanted them to go away.\u003c/p>\n\u003ch3>Turning in His Badge\u003c/h3>\n\u003cp>The night Ferreira responded to the call for shots fired and saw the man dead in the parking lot, he remembered thinking the shooting may have been justified. He also remembered thinking it might not have been.\u003c/p>\n\u003cp>It was March 2019 and he’d been a deputy for eight years. After the shooting, he turned in his badge.\u003c/p>\n\u003cp>When he looks back on his years in law enforcement, Ferreira feels conflicted.\u003c/p>\n\u003cp>“Working in law enforcement is hard,” he said. “I’m also proud of the time that I spent there.”\u003c/p>\n\u003cp>At the same time, he said, “There isn’t an American institution that doesn’t participate in anti-Blackness. Law enforcement is just the most visceral, the most impactful. It kills people. Now.”\u003c/p>\n\u003cp>Ferreira and Flipsyde have gotten back together again, and he’s working on a TV series about his experiences in law enforcement. He’s also protesting.\u003c/p>\n\u003cp>“I’m proud of the people in the streets,” he said. “To see these people out in the streets, demanding a different world? It’s humbling.”\u003c/p>\n\u003cp>\u003cem>This story originally aired on the radio program and podcast \u003ca href=\"https://www.worldaffairs.org/podcast\">WorldAffairs\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Sitting in a cloud of wildfire smoke at the site of the massive North Complex fire in Butte County, Gov. Gavin Newsom signed a law Friday that dramatically expands opportunities for members of inmate firefighting crews to be hired as professional firefighters after their release from prison.\u003c/p>\n\u003cp>Former prisoners who come out of the California Department of Corrections and Rehabilitation fire training program can now petition a judge to have their records more quickly expunged — setting aside their convictions — a process that would allow them to obtain EMT certification and other licenses required for employment at many municipal fire agencies in California.\u003c/p>\n\u003cp>Newsom said the new law — \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2147\">Assembly Bill 2147\u003c/a> — will give the more than 1,000 prisoners who are currently fighting fires “opportunity and hope” of a long-term, sustainable firefighting career after their release.\u003c/p>\n\u003cp>“This bill that I’m about to sign will give those prisoners hope of actually getting a job in the profession that they’ve been trained (in),” he said, moments before signing the bill against the stark backdrop of charred forest.\u003c/p>\n\u003cp>The new law only applies to those who have completed the prison firefighting program and excludes anyone convicted of a sex offense or violent felony.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“They’ve been trained and have actively participated in heroic ways,” Newsom said. “Their suppression efforts are demonstrable when you see them.”\u003c/p>\n\u003cp>https://twitter.com/CAgovernor/status/1304514036306829313\u003c/p>\n\u003cp>The use of inmate firefighters in dangerous wildfires has long been criticized by criminal justice advocates, who note that inmates are paid a minuscule wage of just a few dollars a day — plus an additional $1 per hour when they are fighting fires — and then face an uphill battle landing a civilian firefighting job after their release.\u003c/p>\n\u003cp>That debate reached a fever pitch last month, when an overwhelming succession of massive wildfires exploded throughout California.\u003c/p>\n\u003cp>Until very recently, a majority of the state’s inmate firefighters were sidelined because of COVID-19 concerns — with many either in isolation or granted early release. The sheer number of concurrent blazes and the absence of inmate crews has left firefighting efforts \u003ca href=\"https://www.kqed.org/news/11835134/how-california-relies-on-incarcerated-firefighters\">dangerously shorthanded\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"related coverage\" postID=\"news_11836399,science_1968728,news_11835134\"]California’s response \u003ca href=\"https://www.kqed.org/science/1968728/shortage-of-inmate-firefighters-hampers-response-in-bay-area\">has been hampered\u003c/a>, in particular, by a lack of prisoner hand crews, each typically made up of 12 to 16 trained inmates who perform grueling chainsaw work, often in oppressive heat, as they hack through thick coyote brush, manzanita and other vegetation to create containment perimeters around fires.\u003c/p>\n\u003cp>“This is great and it gives us all an opportunity,” Samantha Vetter, a former inmate firefighter, said in response to the new law. “I’m definitely going to try and get my record expunged so I can try and get hired as soon as possible.”\u003c/p>\n\u003cp>Vetter was stationed at the Puerta La Cruz Conservation Camp in Southern California until a few months ago, and spent the early part of the fire season with an all-female inmate crew battling fires in Southern California up until her early release in July.\u003c/p>\n\u003cp>She returned home to Santa Cruz County with the goal of becoming a firefighter.\u003c/p>\n\u003cp>But when the CZU Lightning Complex erupted nearby, all she could do was watch the images online.\u003c/p>\n\u003cp>“My hometown is on fire right now,” she said at the time. “It’s hard sitting here knowing that the ash that’s raining down on me now is the redwoods that I grew up around, burning up.”\u003c/p>\n\u003cp>Some inmate advocates, however, note that while the measure is definitely a step in the right direction, it still falls short of the comprehensive reentry and criminal justice reform they say is urgently needed in California.\u003c/p>\n\u003cp>“AB 2147 is an important first step in recognizing the crucial work incarcerated and formerly incarcerated individuals provide to our communities, but there is more work to be done,” Sonja Tonnesen, deputy director at \u003ca href=\"https://www.rootandrebound.org/\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://protect-us.mimecast.com/s/K73XC829m0uj2PGBcna1kU?domain=rootandrebound.org\" data-sk=\"tooltip_parent\">Root & Rebound\u003c/a>, a program that advocates for former inmates reentering society, said in a statement.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But the bill, she added, “does not lift the blanket bans to EMT licensure in California — a key barrier to firefighting jobs at the county and municipal levels that provide family-supporting wages, benefits and job security. Many formerly incarcerated people will continue to be unable to get their EMT certification.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sitting in a cloud of wildfire smoke at the site of the massive North Complex fire in Butte County, Gov. Gavin Newsom signed a law Friday that dramatically expands opportunities for members of inmate firefighting crews to be hired as professional firefighters after their release from prison.\u003c/p>\n\u003cp>Former prisoners who come out of the California Department of Corrections and Rehabilitation fire training program can now petition a judge to have their records more quickly expunged — setting aside their convictions — a process that would allow them to obtain EMT certification and other licenses required for employment at many municipal fire agencies in California.\u003c/p>\n\u003cp>Newsom said the new law — \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2147\">Assembly Bill 2147\u003c/a> — will give the more than 1,000 prisoners who are currently fighting fires “opportunity and hope” of a long-term, sustainable firefighting career after their release.\u003c/p>\n\u003cp>“This bill that I’m about to sign will give those prisoners hope of actually getting a job in the profession that they’ve been trained (in),” he said, moments before signing the bill against the stark backdrop of charred forest.\u003c/p>\n\u003cp>The new law only applies to those who have completed the prison firefighting program and excludes anyone convicted of a sex offense or violent felony.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The use of inmate firefighters in dangerous wildfires has long been criticized by criminal justice advocates, who note that inmates are paid a minuscule wage of just a few dollars a day — plus an additional $1 per hour when they are fighting fires — and then face an uphill battle landing a civilian firefighting job after their release.\u003c/p>\n\u003cp>That debate reached a fever pitch last month, when an overwhelming succession of massive wildfires exploded throughout California.\u003c/p>\n\u003cp>Until very recently, a majority of the state’s inmate firefighters were sidelined because of COVID-19 concerns — with many either in isolation or granted early release. The sheer number of concurrent blazes and the absence of inmate crews has left firefighting efforts \u003ca href=\"https://www.kqed.org/news/11835134/how-california-relies-on-incarcerated-firefighters\">dangerously shorthanded\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>California’s response \u003ca href=\"https://www.kqed.org/science/1968728/shortage-of-inmate-firefighters-hampers-response-in-bay-area\">has been hampered\u003c/a>, in particular, by a lack of prisoner hand crews, each typically made up of 12 to 16 trained inmates who perform grueling chainsaw work, often in oppressive heat, as they hack through thick coyote brush, manzanita and other vegetation to create containment perimeters around fires.\u003c/p>\n\u003cp>“This is great and it gives us all an opportunity,” Samantha Vetter, a former inmate firefighter, said in response to the new law. “I’m definitely going to try and get my record expunged so I can try and get hired as soon as possible.”\u003c/p>\n\u003cp>Vetter was stationed at the Puerta La Cruz Conservation Camp in Southern California until a few months ago, and spent the early part of the fire season with an all-female inmate crew battling fires in Southern California up until her early release in July.\u003c/p>\n\u003cp>She returned home to Santa Cruz County with the goal of becoming a firefighter.\u003c/p>\n\u003cp>But when the CZU Lightning Complex erupted nearby, all she could do was watch the images online.\u003c/p>\n\u003cp>“My hometown is on fire right now,” she said at the time. “It’s hard sitting here knowing that the ash that’s raining down on me now is the redwoods that I grew up around, burning up.”\u003c/p>\n\u003cp>Some inmate advocates, however, note that while the measure is definitely a step in the right direction, it still falls short of the comprehensive reentry and criminal justice reform they say is urgently needed in California.\u003c/p>\n\u003cp>“AB 2147 is an important first step in recognizing the crucial work incarcerated and formerly incarcerated individuals provide to our communities, but there is more work to be done,” Sonja Tonnesen, deputy director at \u003ca href=\"https://www.rootandrebound.org/\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://protect-us.mimecast.com/s/K73XC829m0uj2PGBcna1kU?domain=rootandrebound.org\" data-sk=\"tooltip_parent\">Root & Rebound\u003c/a>, a program that advocates for former inmates reentering society, said in a statement.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But the bill, she added, “does not lift the blanket bans to EMT licensure in California — a key barrier to firefighting jobs at the county and municipal levels that provide family-supporting wages, benefits and job security. Many formerly incarcerated people will continue to be unable to get their EMT certification.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "dentists-at-san-quentin-say-their-pleas-to-reduce-risk-of-covid-19-spread-were-ignored",
"title": "Dentists at San Quentin Say Their Pleas to Reduce Risk of COVID-19 Spread Were Ignored",
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"headTitle": "Dentists at San Quentin Say Their Pleas to Reduce Risk of COVID-19 Spread Were Ignored | KQED",
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"content": "\u003cp>Dentists at the San Quentin State Prison clinic said they’d been pushing for crucial workplace safety improvements for months before state regulators intervened and shut down key operations.\u003c/p>\n\u003cp>Regulators with the California Division of Occupational Safety and Health (\u003ca href=\"https://www.dir.ca.gov/dosh/coronavirus/Health-Care-General-Industry.html\" target=\"_blank\" rel=\"noopener noreferrer\">Cal/OSHA\u003c/a>) had posted a red tag Wednesday at the clinic, declaring certain parts off limits and certain procedures as “dangerous.” Regulators said the hazardous work conditions “contributed to the spread of SARS-CoV-2 in the workplace.”\u003c/p>\n\u003cp>San Quentin has seen the largest coronavirus outbreak in the state prison system. More than 2,200 people incarcerated there have \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\" target=\"_blank\" rel=\"noopener noreferrer\">tested positive\u003c/a> for COVID-19 and 26 have died from the virus. More than 270 \u003ca href=\"https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/\" target=\"_blank\" rel=\"noopener noreferrer\">staff\u003c/a> have been infected and one has died, according to the California Department of Corrections and Rehabilitation (CDCR).\u003c/p>\n\u003cp>The dental clinic, which treats people incarcerated at the prison, employs six dentists, three of whom agreed to share their concerns with KQED on the condition that they not to be named, for fear of losing their jobs.\u003c/p>\n\u003cp>The dentists, who are members of a public policy committee for the Union of American Physicians and Dentists, said San Quentin officials had repeatedly failed to address their concerns about the risks of spreading COVID-19 through dental exams and procedures.\u003c/p>\n\u003cp>“I could not trust my job to keep me safe,” one of the dentists said Friday. “I was terrified of bringing it home.”\u003c/p>\n\u003cp>A few days after statewide shelter-in-place orders were imposed, the California Dental Association issued \u003ca href=\"https://www.cda.org/Portals/0/pr_0320_CDA_recommends_suspending_nonurgent_care.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">guidance\u003c/a> that dentists should immediately suspend all non-essential, non-emergency procedures for the next 14 days.\u003c/p>\n\u003cp>At San Quentin, however, the dentists said their supervisor ordered them to continue routine screenings of inmates transferring in from county jails, a task that entailed putting dozens of men together in holding cages and checking each person for broken jaw bones or signs of infection. Adding to their concerns, the dentists said incoming inmates were not being quarantined upon arrival for 14 days at that time.\u003c/p>\n\u003cp>“Just looking in their mouths is putting us at risk,” one dentist said. “We were just told, ‘Do your job.’ ”\u003c/p>\n\u003cp>On March 23, all but one of the San Quentin dentists refused to do the screenings.\u003c/p>\n\u003cp>One day later, on March 24, the head of dentistry at CDCR adopted a new policy to end non-urgent dental screenings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonetheless, a month later, the dentists who had refused to do the screenings said they were “written up” for defying orders, a first step in a progressive disciplinary process that can lead to a cut in pay or termination.\u003c/p>\n\u003cp>Some of the dentists said they were also disciplined for questioning the prison’s COVID-19 safety guidelines.\u003c/p>\n\u003cp>“We have a saying down there [in dental],” one of them said. “You want to get a write up? Ask a question, especially one about safety.”\u003c/p>\n\u003cp>Some of the questions the dentists said they asked included, “We don’t know what the level of filtration is for the air in the dental unit. Can you evaluate these rooms? Do we have proper ventilation? What is our risk?”\u003c/p>\n\u003cp>One dentist said, “They tried to muzzle us!”\u003c/p>\n\u003cp>In an email last Friday, CDCR spokeswoman Dana Simas called the health and safety of employees the agency’s “top priority.”\u003c/p>\n\u003cp>Simas said prison officials will work closely with the Department of Industrial Relations, Cal/OSHA’s parent agency, “to fully explain all of the actions San Quentin’s Dental Program has taken during the COVID-19 pandemic and to directly address OSHA’s concerns.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"cdcr\"]\u003c/p>\n\u003cp>Many emergency or urgent dental procedures, such as tooth extraction, involve drilling and spraying water and air inside a patient’s mouth and can produce droplets that can spread and infect others.\u003c/p>\n\u003cp>All three dentists who spoke with KQED said their repeated requests for better safety equipment protections were ignored or refused.\u003c/p>\n\u003cp>The dentists said they asked for specialized masks called PAPRs that include respirators to purify air for the wearer, but were told to make do with N95s.\u003c/p>\n\u003cp>They also asked for an auxiliary air filtering device that suctions and disinfects exhaled air from a patient’s mouth.\u003c/p>\n\u003cp>And they asked for air scrubbers to clean the air inside the dental clinic and prevent potentially infectious particles from being recirculated to the rest of the prison.\u003c/p>\n\u003cp>None of those requests were honored, they said.\u003c/p>\n\u003cp>“We went through this whole crisis at San Quentin and they didn’t give us one damn additional piece of equipment,” said one dentist.\u003c/p>\n\u003cp>In August, a Cal/OSHA inspector arrived at the dental clinic and started asking questions.\u003c/p>\n\u003cp>In a report last week, Cal/OSHA wrote that dental staff were being asked to perform “high-hazard” dental procedures that generated aerosols, or fine airborne particles, without the protection of specialized equipment, in locations that did not adequately limit the spread of airborne infections.\u003c/p>\n\u003cp>Cal/OSHA issued an Order Prohibiting Use, directing the clinic to stop all dental work that generates aerosols from a patient’s mouth, including drilling, until the prison can meet a list of safety conditions.\u003c/p>\n\u003cp>CDCR immediately requested a hearing, but after meeting with Cal/OSHA representatives Friday, said it is now working with the agency on an agreement.\u003c/p>\n\u003cp>Cal/OSHA is expected to issue an updated order this week.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Dentists at the San Quentin State Prison clinic said they’d been pushing for crucial workplace safety improvements for months before state regulators intervened and shut down key operations.\u003c/p>\n\u003cp>Regulators with the California Division of Occupational Safety and Health (\u003ca href=\"https://www.dir.ca.gov/dosh/coronavirus/Health-Care-General-Industry.html\" target=\"_blank\" rel=\"noopener noreferrer\">Cal/OSHA\u003c/a>) had posted a red tag Wednesday at the clinic, declaring certain parts off limits and certain procedures as “dangerous.” Regulators said the hazardous work conditions “contributed to the spread of SARS-CoV-2 in the workplace.”\u003c/p>\n\u003cp>San Quentin has seen the largest coronavirus outbreak in the state prison system. More than 2,200 people incarcerated there have \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\" target=\"_blank\" rel=\"noopener noreferrer\">tested positive\u003c/a> for COVID-19 and 26 have died from the virus. More than 270 \u003ca href=\"https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/\" target=\"_blank\" rel=\"noopener noreferrer\">staff\u003c/a> have been infected and one has died, according to the California Department of Corrections and Rehabilitation (CDCR).\u003c/p>\n\u003cp>The dental clinic, which treats people incarcerated at the prison, employs six dentists, three of whom agreed to share their concerns with KQED on the condition that they not to be named, for fear of losing their jobs.\u003c/p>\n\u003cp>The dentists, who are members of a public policy committee for the Union of American Physicians and Dentists, said San Quentin officials had repeatedly failed to address their concerns about the risks of spreading COVID-19 through dental exams and procedures.\u003c/p>\n\u003cp>“I could not trust my job to keep me safe,” one of the dentists said Friday. “I was terrified of bringing it home.”\u003c/p>\n\u003cp>A few days after statewide shelter-in-place orders were imposed, the California Dental Association issued \u003ca href=\"https://www.cda.org/Portals/0/pr_0320_CDA_recommends_suspending_nonurgent_care.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">guidance\u003c/a> that dentists should immediately suspend all non-essential, non-emergency procedures for the next 14 days.\u003c/p>\n\u003cp>At San Quentin, however, the dentists said their supervisor ordered them to continue routine screenings of inmates transferring in from county jails, a task that entailed putting dozens of men together in holding cages and checking each person for broken jaw bones or signs of infection. Adding to their concerns, the dentists said incoming inmates were not being quarantined upon arrival for 14 days at that time.\u003c/p>\n\u003cp>“Just looking in their mouths is putting us at risk,” one dentist said. “We were just told, ‘Do your job.’ ”\u003c/p>\n\u003cp>On March 23, all but one of the San Quentin dentists refused to do the screenings.\u003c/p>\n\u003cp>One day later, on March 24, the head of dentistry at CDCR adopted a new policy to end non-urgent dental screenings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonetheless, a month later, the dentists who had refused to do the screenings said they were “written up” for defying orders, a first step in a progressive disciplinary process that can lead to a cut in pay or termination.\u003c/p>\n\u003cp>Some of the dentists said they were also disciplined for questioning the prison’s COVID-19 safety guidelines.\u003c/p>\n\u003cp>“We have a saying down there [in dental],” one of them said. “You want to get a write up? Ask a question, especially one about safety.”\u003c/p>\n\u003cp>Some of the questions the dentists said they asked included, “We don’t know what the level of filtration is for the air in the dental unit. Can you evaluate these rooms? Do we have proper ventilation? What is our risk?”\u003c/p>\n\u003cp>One dentist said, “They tried to muzzle us!”\u003c/p>\n\u003cp>In an email last Friday, CDCR spokeswoman Dana Simas called the health and safety of employees the agency’s “top priority.”\u003c/p>\n\u003cp>Simas said prison officials will work closely with the Department of Industrial Relations, Cal/OSHA’s parent agency, “to fully explain all of the actions San Quentin’s Dental Program has taken during the COVID-19 pandemic and to directly address OSHA’s concerns.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many emergency or urgent dental procedures, such as tooth extraction, involve drilling and spraying water and air inside a patient’s mouth and can produce droplets that can spread and infect others.\u003c/p>\n\u003cp>All three dentists who spoke with KQED said their repeated requests for better safety equipment protections were ignored or refused.\u003c/p>\n\u003cp>The dentists said they asked for specialized masks called PAPRs that include respirators to purify air for the wearer, but were told to make do with N95s.\u003c/p>\n\u003cp>They also asked for an auxiliary air filtering device that suctions and disinfects exhaled air from a patient’s mouth.\u003c/p>\n\u003cp>And they asked for air scrubbers to clean the air inside the dental clinic and prevent potentially infectious particles from being recirculated to the rest of the prison.\u003c/p>\n\u003cp>None of those requests were honored, they said.\u003c/p>\n\u003cp>“We went through this whole crisis at San Quentin and they didn’t give us one damn additional piece of equipment,” said one dentist.\u003c/p>\n\u003cp>In August, a Cal/OSHA inspector arrived at the dental clinic and started asking questions.\u003c/p>\n\u003cp>In a report last week, Cal/OSHA wrote that dental staff were being asked to perform “high-hazard” dental procedures that generated aerosols, or fine airborne particles, without the protection of specialized equipment, in locations that did not adequately limit the spread of airborne infections.\u003c/p>\n\u003cp>Cal/OSHA issued an Order Prohibiting Use, directing the clinic to stop all dental work that generates aerosols from a patient’s mouth, including drilling, until the prison can meet a list of safety conditions.\u003c/p>\n\u003cp>CDCR immediately requested a hearing, but after meeting with Cal/OSHA representatives Friday, said it is now working with the agency on an agreement.\u003c/p>\n\u003cp>Cal/OSHA is expected to issue an updated order this week.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Former Gov. Jerry Brown Donates $1M to Defeat Police-Backed Ballot Measure",
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"content": "\u003cp>Former California Gov. Jerry Brown is donating $1 million to defeat Proposition 20, a November ballot measure backed by police and prosecutors that aims to roll back some of the criminal justice reforms he championed over the past decade.\u003c/p>\n\u003cp>Brown — who still has a nearly $15 million war chest in his 2014 campaign account — said in an exclusive interview with KQED that he is donating the money because he believes the measure will make prisons less safe by making it far more difficult for thousands of inmates to have a chance at parole.\u003c/p>\n\u003cp>That, he said, will lead to more prison violence and gangs.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Former Gov. Jerry Brown']'Prop. 20 wants to basically eliminate all hope in the prison ... Men who have given decades will have no chance to earn their way back to society. And that's fundamental to any kind of criminal justice system that while you impose punishment, you make room for redemption and rehabilitation in the prison.'[/pullquote]\u003c/p>\n\u003cp>“Prop. 20 wants to basically eliminate all hope in the prison,” Brown said. “Men who have given decades will have no chance to earn their way back to society. And that's fundamental to any kind of criminal justice system that while you impose punishment, you make room for redemption and rehabilitation in the prison.”\u003c/p>\n\u003cp>The former governor is referring to provisions in Proposition 20 that would undercut another state ballot measure: \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\">Proposition 57, which Brown authored in 2016\u003c/a>. Proposition 57 allowed thousands of state prison inmates to appear before the parole board early and win release if they could demonstrate they have been rehabilitated.\u003c/p>\n\u003cp>At the time, Brown said it would help reverse laws put into place the first time he was governor 40 years ago that drove up California’s massive incarceration rates and led to overcrowding in prisons.\u003c/p>\n\u003cp>But Richard Temple, a spokesman for the \u003ca href=\"https://keepcalsafe.org/about/\">Yes on Proposition 20\u003c/a> side, said Brown never told voters in 2016 that Proposition 57 would allow violent criminals a chance at parole.\u003c/p>\n\u003cp>“There are violent crimes that under California law are not classified as violence. And therefore, these criminals are allowed early release, which is not what Proposition 57 promised,” he said, citing rape of an unconscious person, sex trafficking of a minor, domestic violence, and assault with a deadly weapon as crimes that would be classified as violent under Proposition 20.\u003c/p>\n\u003cp>“What Prop. 20 does is simply go in and say, no, these are clearly violent crimes. We want to classify them as violent,” Temple said. [ad fullwidth]\u003c/p>\n\u003cp>But that’s not all Proposition 20 would do — the measure would also roll back key provisions of other reforms, including 2014’s Proposition 47, which is credited with keeping tens of thousands of men and women out of prisons and jails and \u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\">saving California taxpayers $122 million this fiscal year alone\u003c/a>.\u003c/p>\n\u003cp>Critics of Proposition 20 \u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\">have warned\u003c/a> that it could lead to more Black and brown Californians being locked up, drive up prison and jail populations, increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year, and divert resources from programs that rehabilitate former offenders. [aside tag=\"prisons, jails\" label=\"more coverage\"]\u003c/p>\n\u003cp>Brown noted that offenders eligible for early parole under Proposition 57 aren’t automatically released — they must petition the parole board, which is largely made up of former law enforcement officials. And, he charged that police and prosecutors, the main sponsors of Proposition 20, either have a vested interest in keeping jail and prison populations high or just don’t think people can be reformed.\u003c/p>\n\u003cp>“The only reason that some police unions have tried to fight it — and the DAs — is that they are part of an enterprise that depends, for its growth, on more people being locked up,” he said. “Or they have this ideology that there can be no redemption, no improvement, that once a man commits one act, three or four acts, that that is his whole essence forever.”\u003c/p>\n\u003cp>The Yes on Proposition 20 side has about $1.6 million in the bank, while a spokeswoman for the No side said they will have more than $5 million on hand once Brown’s contribution arrives.\u003c/p>\n\u003cp>But Temple said he isn’t worried about the gulf between the campaign funds.\u003c/p>\n\u003cp>“The beauty of having a really solid idea, a really solid issue that you're promoting is that you don't need to go toe to toe,” Temple said. “When you're right, it makes it less expensive to win an argument ... And in this case, we're right.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Former California Gov. Jerry Brown is donating $1 million to defeat Proposition 20, a November ballot measure backed by police and prosecutors that aims to roll back some of the criminal justice reforms he championed over the past decade.\u003c/p>\n\u003cp>Brown — who still has a nearly $15 million war chest in his 2014 campaign account — said in an exclusive interview with KQED that he is donating the money because he believes the measure will make prisons less safe by making it far more difficult for thousands of inmates to have a chance at parole.\u003c/p>\n\u003cp>That, he said, will lead to more prison violence and gangs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'Prop. 20 wants to basically eliminate all hope in the prison ... Men who have given decades will have no chance to earn their way back to society. And that's fundamental to any kind of criminal justice system that while you impose punishment, you make room for redemption and rehabilitation in the prison.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Prop. 20 wants to basically eliminate all hope in the prison,” Brown said. “Men who have given decades will have no chance to earn their way back to society. And that's fundamental to any kind of criminal justice system that while you impose punishment, you make room for redemption and rehabilitation in the prison.”\u003c/p>\n\u003cp>The former governor is referring to provisions in Proposition 20 that would undercut another state ballot measure: \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\">Proposition 57, which Brown authored in 2016\u003c/a>. Proposition 57 allowed thousands of state prison inmates to appear before the parole board early and win release if they could demonstrate they have been rehabilitated.\u003c/p>\n\u003cp>At the time, Brown said it would help reverse laws put into place the first time he was governor 40 years ago that drove up California’s massive incarceration rates and led to overcrowding in prisons.\u003c/p>\n\u003cp>But Richard Temple, a spokesman for the \u003ca href=\"https://keepcalsafe.org/about/\">Yes on Proposition 20\u003c/a> side, said Brown never told voters in 2016 that Proposition 57 would allow violent criminals a chance at parole.\u003c/p>\n\u003cp>“There are violent crimes that under California law are not classified as violence. And therefore, these criminals are allowed early release, which is not what Proposition 57 promised,” he said, citing rape of an unconscious person, sex trafficking of a minor, domestic violence, and assault with a deadly weapon as crimes that would be classified as violent under Proposition 20.\u003c/p>\n\u003cp>“What Prop. 20 does is simply go in and say, no, these are clearly violent crimes. We want to classify them as violent,” Temple said. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But that’s not all Proposition 20 would do — the measure would also roll back key provisions of other reforms, including 2014’s Proposition 47, which is credited with keeping tens of thousands of men and women out of prisons and jails and \u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\">saving California taxpayers $122 million this fiscal year alone\u003c/a>.\u003c/p>\n\u003cp>Critics of Proposition 20 \u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\">have warned\u003c/a> that it could lead to more Black and brown Californians being locked up, drive up prison and jail populations, increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year, and divert resources from programs that rehabilitate former offenders. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Brown noted that offenders eligible for early parole under Proposition 57 aren’t automatically released — they must petition the parole board, which is largely made up of former law enforcement officials. And, he charged that police and prosecutors, the main sponsors of Proposition 20, either have a vested interest in keeping jail and prison populations high or just don’t think people can be reformed.\u003c/p>\n\u003cp>“The only reason that some police unions have tried to fight it — and the DAs — is that they are part of an enterprise that depends, for its growth, on more people being locked up,” he said. “Or they have this ideology that there can be no redemption, no improvement, that once a man commits one act, three or four acts, that that is his whole essence forever.”\u003c/p>\n\u003cp>The Yes on Proposition 20 side has about $1.6 million in the bank, while a spokeswoman for the No side said they will have more than $5 million on hand once Brown’s contribution arrives.\u003c/p>\n\u003cp>But Temple said he isn’t worried about the gulf between the campaign funds.\u003c/p>\n\u003cp>“The beauty of having a really solid idea, a really solid issue that you're promoting is that you don't need to go toe to toe,” Temple said. “When you're right, it makes it less expensive to win an argument ... And in this case, we're right.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Kamala Harris' Tricky Balancing Act Between Top Cop and Criminal Justice Reformer",
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"content": "\u003cp>Three months after becoming San Francisco’s district attorney in 2004, Kamala Harris faced a trial by fire.\u003c/p>\n\u003cp>In her first run for office in 2003, Harris knocked off Terence Hallinan, San Francisco’s progressive district attorney, by running slightly to his right, promising to manage a more professional office that would be tougher on violent crime, domestic violence and sex trafficking, and stand up for those who had felt ignored.\u003c/p>\n\u003cp>She had also promised never to charge the death penalty — a pledge that was put to the test just four months into her term when a 29-year-old police officer named Isaac Espinoza was shot and killed by a gang member.\u003c/p>\n\u003cp>Harris ultimately kept her promise, announcing before Espinoza’s funeral that her office would \u003ca href=\"https://www.sfchronicle.com/crime/article/SAN-FRANCISCO-D-A-won-t-pursue-death-in-cop-2767716.php\">seek life without the possibility of parole\u003c/a>.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jim Stearns, Kamala Harris' first campaign manager\"]‘Kamala has always wanted to have a seat at the table.’[/pullquote]\u003c/p>\n\u003cp>At the time, Harris said she believed that the majority of San Franciscans wanted to see “the most severe crimes be met with the most severe consequences,” and that in this liberal city, life without parole would likely be the most severe consequence a jury would hand down.\u003c/p>\n\u003cp>But former police officers union President Gary Delagnes says the timing of Harris’ announcement \u003ca href=\"https://www.sfchronicle.com/news/article/S-F-police-push-hard-for-death-penalty-D-A-s-2765721.php\">alienated many officers in the San Francisco Police Department.\u003c/a>\u003c/p>\n\u003cp>“By having a press conference before the kid was even in the ground to announce that she was not seeking the death penalty, I mean, it was such a cold political move that I mean, it just showed a complete lack of compassion,” he said.\u003c/p>\n\u003cp>While the timing of her announcement poisoned the young prosecutor’s relationship with the police union, even Delagnes acknowledged she made the right call.\u003c/p>\n\u003cp>“Obviously no San Francisco jury was going to convict a 19-year-old African American man — they’re not going to give the death penalty to somebody in that situation and I said that from the beginning,” Delagnes said.\u003c/p>\n\u003cp>Harris’ office did get the conviction and sent Espinoza’s killer to prison for life, without the chance for parole.\u003c/p>\n\u003ch3>Breaking Boundaries\u003c/h3>\n\u003cp>Throughout her time in politics, California Sen. Kamala Harris has found herself caught between two very different groups, both of whom see themselves in her: law enforcement officials and progressive activists pushing for a more racially just legal system.\u003c/p>\n\u003cp>Harris is\u003ca href=\"https://www.kqed.org/news/11834151/senator-kamala-harris-takes-her-place-in-history-as-vp-nominee\"> now the Democratic nominee for vice president\u003c/a>, and in recent years has been \u003ca href=\"https://www.harris.senate.gov/news/press-releases/harris-on-police-reform-this-movement-will-not-be-deterred\">outspoken about the need for systemic change to policing and criminal justice\u003c/a> in America.\u003c/p>\n\u003cp>But before that, and before she was the second Black and first South Asian woman to serve in the U.S. Senate, Harris was a prosecutor: district attorney of San Francisco, then attorney general of California.\u003c/p>\n\u003cp>Debbie Mesloh, one of Harris’ longtime advisers, said Harris was from the start considered an outsider by many in the world of law enforcement.\u003c/p>\n\u003cp>“I recall many situations where people who had been in leadership within the DA’s office or within the police department seemed to struggle with her leadership,” Mesloh recalled. “That first meeting with the District Attorney’s Association of California, she was the only woman to walk in that room. She was one of, I think, three people of color.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"kamala-harris\"]Mesloh said Harris has had to absorb throughout her career “subtle and not so subtle messages that were sent to her of, you know, ‘Who do you think you are? You need to know your place. You know, you may have won an election, but there’s only one of you. We outnumber you.’ ”\u003c/p>\n\u003cp>Mesloh said Harris never let those messages intimidate her.\u003c/p>\n\u003ch3>Wanting a Seat at the Table\u003c/h3>\n\u003cp>Suzy Loftus, who worked under Harris as both a deputy district attorney and assistant attorney general, said the conviction was important to Harris — and consistent with her principles. And, she said, Harris learned from the Espinoza case.\u003c/p>\n\u003cp>“She made the decision quickly, announced it quickly and recognized later that there were so many people who were so deeply impacted in that moment and in grief and in pain. And that loss was exacerbated by an announcement in the middle of it. So I think she endeavored to learn from her mistakes,” Loftus said.\u003c/p>\n\u003cp>But, Loftus insists, it didn’t make Harris a different or more cautious politician.\u003c/p>\n\u003cp>“I think by function of being a prosecutor, you’re more careful,” she said.\u003c/p>\n\u003cp>Jim Stearns, who ran Harris’ first campaign, added that while the Espinoza decision soured some in law enforcement on Harris at the time, it also won over many voters, making her something of a political star in San Francisco.\u003c/p>\n\u003cp>“I think what galvanized the city for her was this was the first time people could remember that a politician made a difficult promise, like, ‘I will never enforce the death penalty,’ and actually did it under the most incredible pressure,” he said.\u003c/p>\n\u003cp>Stearns said there’s been a tension throughout Harris’ career: between what’s expected of her as a member of law enforcement and what’s been asked of her by progressive activists who see her as an ally.\u003c/p>\n\u003cp>“Kamala has always wanted to have a seat at the table,” Stearns said. “So it would be a mistake to see Kamala or to expect from Kamala that she is ever going to stand outside of the system and demand the kind of wholesale changes that people who stand out of the system want.”\u003c/p>\n\u003cp>That tension would play out most dramatically when Harris took on her next job, as attorney general of the state of California.\u003c/p>\n\u003ch3>\u003cstrong>‘Someone Who’s Been So Vilified’\u003c/strong>\u003c/h3>\n\u003cp>In 2010, Harris won the narrowest of victories to become California’s first female and first Black attorney general.\u003c/p>\n\u003cp>It was a tough race. Law enforcement unions had overwhelmingly backed Harris’ opponent, Los Angeles’ Republican district attorney, Steve Cooley, who used those endorsements to paint Harris as anti-police.\u003c/p>\n\u003cp>To build relationships with local prosecutors, sheriffs and police, the first thing Harris did as attorney general was visit all 58 California counties. Loftus, her longtime deputy, planned the tour.\u003c/p>\n\u003cp>“It was incredibly effective because I think there’s nothing like actually getting to talk to someone — especially who’s been so vilified,” Loftus said.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"LaDoris Cordell, former San Jose independent police auditor\"]‘There’s this fine line. You’re the top cop, but you’re also a prosecutor, which is representing the people. And oftentimes those two things are not compatible.’[/pullquote]Four years later, when Harris ran for reelection, police groups largely supported her. But she soon found herself at odds with another key constituency: progressive Democrats.\u003c/p>\n\u003cp>Deadly police shootings were in the news, and Democrats in the California state Legislature were pushing a bill to require independent investigations of deadly use of force.\u003c/p>\n\u003cp>Sacramento Democratic Assemblyman Kevin McCarty authored a 2015 bill to require the attorney general to take police shooting investigations away from local district attorneys, who he said have an inherent conflict of interest.\u003c/p>\n\u003cp>“You know, if you’re at a high school baseball game looking out there and seeing the umpire is the uncle of one of the star players, are you going to trust that umpire to call balls and strikes fairly? The answer is ‘No,’ ” McCarty said.\u003c/p>\n\u003cp>Harris \u003ca href=\"https://www.sfgate.com/news/article/Kamala-Harris-sees-safeguards-in-D-A-s-5972586.php\">opposed the bill\u003c/a> and it died. She also declined to support another bill requiring police officers to wear body cameras, even though she was the first to mandate that officers at the state Department of Justice wear them.\u003c/p>\n\u003cp>Still, her opposition to statewide legislation \u003ca href=\"https://www.latimes.com/local/politics/la-me-pol-ca-harris-police-shootings-20160118-story.html\">didn’t sit well with the Black Caucus in the Legislature\u003c/a>, who saw her as standing on the wrong side of the fight.\u003c/p>\n\u003cp>State Sen. Holly Mitchell, a Los Angeles Democrat and member of the Black Caucus, \u003ca href=\"https://www.latimes.com/local/politics/la-me-pol-ca-harris-police-shootings-20160118-story.html\">told the Los Angeles Times\u003c/a> in 2016 that Harris’ “absence is noticeable,” adding that “people are looking to her for guidance and direction.”\u003c/p>\n\u003ch3>\u003cstrong>‘Now a Lawmaker, Not a Law Enforcer’\u003c/strong>\u003c/h3>\n\u003cp>It’s not surprising for an attorney general to face such pressure — especially one who is a Black woman — said LaDoris Cordell, who was an independent police auditor in San Jose.\u003c/p>\n\u003cp>“There’s this fine line. You’re the top cop, but you’re also a prosecutor, which is representing the people. And oftentimes those two things are not compatible,” Cordell said.\u003c/p>\n\u003cp>Investigations of police shootings are in some ways a no-win situation, Cordell contends.\u003c/p>\n\u003cp>“The feeling is that people are passing around this hot potato. When these shootings happen, they’re very controversial. The public is very aware. There are protests and it’s sort of like, you know, people just don’t really want to handle them,” Cordell said.\u003c/p>\n\u003cp>Harris said her opposition to the bill wasn’t based on fear of catching a hot potato, but rather concern about interfering with local prosecutors.\u003c/p>\n\u003cp>She knew firsthand how that felt: In 2004, some San Francisco officials pushed the then-state attorney general to take the Espinoza murder case away from her office, after she declined to seek the death penalty.\u003c/p>\n\u003cp>Loftus, Harris’ longtime deputy, said that experience cut deeply.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I think she fundamentally always believed it’s a local prosecutor’s job to do the right thing and not to punt,” she said.\u003c/p>\n\u003cp>Now that she’s in the Senate and on the presidential campaign trail, Harris has been outspoken on policing issues, introducing legislation to ban chokeholds, racial profiling and no-knock warrants, as well as to make lynching a federal crime. In her speech accepting the Democratic nomination, she called out systemic racism in America, naming two recent victims of police violence: George Floyd and Breonna Taylor.\u003c/p>\n\u003cp>Mesloh, Harris’ longtime adviser, said she’s taking those positions now not because she has changed her mind, but because she’s now a lawmaker, not a law enforcer.\u003c/p>\n\u003cp>“Having worked with her for so long, these were conversations we would always have,” Mesloh said. “She may have not been having them externally, but this is the Kamala that I have known and seen for 20 years.”\u003c/p>\n\u003cp>Mesloh says that because of who Harris is — a Black, South Asian woman, and the daughter of civil rights activists — she has often been expected to align herself with liberals pushing for change from the outside. But for most of her career, she’s been a prosecutor, working to change the system from the inside.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Three months after becoming San Francisco’s district attorney in 2004, Kamala Harris faced a trial by fire.\u003c/p>\n\u003cp>In her first run for office in 2003, Harris knocked off Terence Hallinan, San Francisco’s progressive district attorney, by running slightly to his right, promising to manage a more professional office that would be tougher on violent crime, domestic violence and sex trafficking, and stand up for those who had felt ignored.\u003c/p>\n\u003cp>She had also promised never to charge the death penalty — a pledge that was put to the test just four months into her term when a 29-year-old police officer named Isaac Espinoza was shot and killed by a gang member.\u003c/p>\n\u003cp>Harris ultimately kept her promise, announcing before Espinoza’s funeral that her office would \u003ca href=\"https://www.sfchronicle.com/crime/article/SAN-FRANCISCO-D-A-won-t-pursue-death-in-cop-2767716.php\">seek life without the possibility of parole\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the time, Harris said she believed that the majority of San Franciscans wanted to see “the most severe crimes be met with the most severe consequences,” and that in this liberal city, life without parole would likely be the most severe consequence a jury would hand down.\u003c/p>\n\u003cp>But former police officers union President Gary Delagnes says the timing of Harris’ announcement \u003ca href=\"https://www.sfchronicle.com/news/article/S-F-police-push-hard-for-death-penalty-D-A-s-2765721.php\">alienated many officers in the San Francisco Police Department.\u003c/a>\u003c/p>\n\u003cp>“By having a press conference before the kid was even in the ground to announce that she was not seeking the death penalty, I mean, it was such a cold political move that I mean, it just showed a complete lack of compassion,” he said.\u003c/p>\n\u003cp>While the timing of her announcement poisoned the young prosecutor’s relationship with the police union, even Delagnes acknowledged she made the right call.\u003c/p>\n\u003cp>“Obviously no San Francisco jury was going to convict a 19-year-old African American man — they’re not going to give the death penalty to somebody in that situation and I said that from the beginning,” Delagnes said.\u003c/p>\n\u003cp>Harris’ office did get the conviction and sent Espinoza’s killer to prison for life, without the chance for parole.\u003c/p>\n\u003ch3>Breaking Boundaries\u003c/h3>\n\u003cp>Throughout her time in politics, California Sen. Kamala Harris has found herself caught between two very different groups, both of whom see themselves in her: law enforcement officials and progressive activists pushing for a more racially just legal system.\u003c/p>\n\u003cp>Harris is\u003ca href=\"https://www.kqed.org/news/11834151/senator-kamala-harris-takes-her-place-in-history-as-vp-nominee\"> now the Democratic nominee for vice president\u003c/a>, and in recent years has been \u003ca href=\"https://www.harris.senate.gov/news/press-releases/harris-on-police-reform-this-movement-will-not-be-deterred\">outspoken about the need for systemic change to policing and criminal justice\u003c/a> in America.\u003c/p>\n\u003cp>But before that, and before she was the second Black and first South Asian woman to serve in the U.S. Senate, Harris was a prosecutor: district attorney of San Francisco, then attorney general of California.\u003c/p>\n\u003cp>Debbie Mesloh, one of Harris’ longtime advisers, said Harris was from the start considered an outsider by many in the world of law enforcement.\u003c/p>\n\u003cp>“I recall many situations where people who had been in leadership within the DA’s office or within the police department seemed to struggle with her leadership,” Mesloh recalled. “That first meeting with the District Attorney’s Association of California, she was the only woman to walk in that room. She was one of, I think, three people of color.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Mesloh said Harris has had to absorb throughout her career “subtle and not so subtle messages that were sent to her of, you know, ‘Who do you think you are? You need to know your place. You know, you may have won an election, but there’s only one of you. We outnumber you.’ ”\u003c/p>\n\u003cp>Mesloh said Harris never let those messages intimidate her.\u003c/p>\n\u003ch3>Wanting a Seat at the Table\u003c/h3>\n\u003cp>Suzy Loftus, who worked under Harris as both a deputy district attorney and assistant attorney general, said the conviction was important to Harris — and consistent with her principles. And, she said, Harris learned from the Espinoza case.\u003c/p>\n\u003cp>“She made the decision quickly, announced it quickly and recognized later that there were so many people who were so deeply impacted in that moment and in grief and in pain. And that loss was exacerbated by an announcement in the middle of it. So I think she endeavored to learn from her mistakes,” Loftus said.\u003c/p>\n\u003cp>But, Loftus insists, it didn’t make Harris a different or more cautious politician.\u003c/p>\n\u003cp>“I think by function of being a prosecutor, you’re more careful,” she said.\u003c/p>\n\u003cp>Jim Stearns, who ran Harris’ first campaign, added that while the Espinoza decision soured some in law enforcement on Harris at the time, it also won over many voters, making her something of a political star in San Francisco.\u003c/p>\n\u003cp>“I think what galvanized the city for her was this was the first time people could remember that a politician made a difficult promise, like, ‘I will never enforce the death penalty,’ and actually did it under the most incredible pressure,” he said.\u003c/p>\n\u003cp>Stearns said there’s been a tension throughout Harris’ career: between what’s expected of her as a member of law enforcement and what’s been asked of her by progressive activists who see her as an ally.\u003c/p>\n\u003cp>“Kamala has always wanted to have a seat at the table,” Stearns said. “So it would be a mistake to see Kamala or to expect from Kamala that she is ever going to stand outside of the system and demand the kind of wholesale changes that people who stand out of the system want.”\u003c/p>\n\u003cp>That tension would play out most dramatically when Harris took on her next job, as attorney general of the state of California.\u003c/p>\n\u003ch3>\u003cstrong>‘Someone Who’s Been So Vilified’\u003c/strong>\u003c/h3>\n\u003cp>In 2010, Harris won the narrowest of victories to become California’s first female and first Black attorney general.\u003c/p>\n\u003cp>It was a tough race. Law enforcement unions had overwhelmingly backed Harris’ opponent, Los Angeles’ Republican district attorney, Steve Cooley, who used those endorsements to paint Harris as anti-police.\u003c/p>\n\u003cp>To build relationships with local prosecutors, sheriffs and police, the first thing Harris did as attorney general was visit all 58 California counties. Loftus, her longtime deputy, planned the tour.\u003c/p>\n\u003cp>“It was incredibly effective because I think there’s nothing like actually getting to talk to someone — especially who’s been so vilified,” Loftus said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Four years later, when Harris ran for reelection, police groups largely supported her. But she soon found herself at odds with another key constituency: progressive Democrats.\u003c/p>\n\u003cp>Deadly police shootings were in the news, and Democrats in the California state Legislature were pushing a bill to require independent investigations of deadly use of force.\u003c/p>\n\u003cp>Sacramento Democratic Assemblyman Kevin McCarty authored a 2015 bill to require the attorney general to take police shooting investigations away from local district attorneys, who he said have an inherent conflict of interest.\u003c/p>\n\u003cp>“You know, if you’re at a high school baseball game looking out there and seeing the umpire is the uncle of one of the star players, are you going to trust that umpire to call balls and strikes fairly? The answer is ‘No,’ ” McCarty said.\u003c/p>\n\u003cp>Harris \u003ca href=\"https://www.sfgate.com/news/article/Kamala-Harris-sees-safeguards-in-D-A-s-5972586.php\">opposed the bill\u003c/a> and it died. She also declined to support another bill requiring police officers to wear body cameras, even though she was the first to mandate that officers at the state Department of Justice wear them.\u003c/p>\n\u003cp>Still, her opposition to statewide legislation \u003ca href=\"https://www.latimes.com/local/politics/la-me-pol-ca-harris-police-shootings-20160118-story.html\">didn’t sit well with the Black Caucus in the Legislature\u003c/a>, who saw her as standing on the wrong side of the fight.\u003c/p>\n\u003cp>State Sen. Holly Mitchell, a Los Angeles Democrat and member of the Black Caucus, \u003ca href=\"https://www.latimes.com/local/politics/la-me-pol-ca-harris-police-shootings-20160118-story.html\">told the Los Angeles Times\u003c/a> in 2016 that Harris’ “absence is noticeable,” adding that “people are looking to her for guidance and direction.”\u003c/p>\n\u003ch3>\u003cstrong>‘Now a Lawmaker, Not a Law Enforcer’\u003c/strong>\u003c/h3>\n\u003cp>It’s not surprising for an attorney general to face such pressure — especially one who is a Black woman — said LaDoris Cordell, who was an independent police auditor in San Jose.\u003c/p>\n\u003cp>“There’s this fine line. You’re the top cop, but you’re also a prosecutor, which is representing the people. And oftentimes those two things are not compatible,” Cordell said.\u003c/p>\n\u003cp>Investigations of police shootings are in some ways a no-win situation, Cordell contends.\u003c/p>\n\u003cp>“The feeling is that people are passing around this hot potato. When these shootings happen, they’re very controversial. The public is very aware. There are protests and it’s sort of like, you know, people just don’t really want to handle them,” Cordell said.\u003c/p>\n\u003cp>Harris said her opposition to the bill wasn’t based on fear of catching a hot potato, but rather concern about interfering with local prosecutors.\u003c/p>\n\u003cp>She knew firsthand how that felt: In 2004, some San Francisco officials pushed the then-state attorney general to take the Espinoza murder case away from her office, after she declined to seek the death penalty.\u003c/p>\n\u003cp>Loftus, Harris’ longtime deputy, said that experience cut deeply.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I think she fundamentally always believed it’s a local prosecutor’s job to do the right thing and not to punt,” she said.\u003c/p>\n\u003cp>Now that she’s in the Senate and on the presidential campaign trail, Harris has been outspoken on policing issues, introducing legislation to ban chokeholds, racial profiling and no-knock warrants, as well as to make lynching a federal crime. In her speech accepting the Democratic nomination, she called out systemic racism in America, naming two recent victims of police violence: George Floyd and Breonna Taylor.\u003c/p>\n\u003cp>Mesloh, Harris’ longtime adviser, said she’s taking those positions now not because she has changed her mind, but because she’s now a lawmaker, not a law enforcer.\u003c/p>\n\u003cp>“Having worked with her for so long, these were conversations we would always have,” Mesloh said. “She may have not been having them externally, but this is the Kamala that I have known and seen for 20 years.”\u003c/p>\n\u003cp>Mesloh says that because of who Harris is — a Black, South Asian woman, and the daughter of civil rights activists — she has often been expected to align herself with liberals pushing for change from the outside. But for most of her career, she’s been a prosecutor, working to change the system from the inside.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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