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"content": "\u003cp>\u003cem>by Deborah Svoboda\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_92912\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/29/after-two-months-camped-in-a-tree-warbler-goes-on-hunger-strike/warbler-begins-hunger-strike/\" rel=\"attachment wp-att-92912\">\u003cimg class=\"size-medium wp-image-92912\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/warbler-begins-hunger-strike-300x200.jpg\" alt=\"Warbler announces a hunger strike. (Deborah Svobada/KQED)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Warbler announces a hunger strike. (Deborah Svobada/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>After camping out in a ponderosa pine 71 feet above the ground for two months, \"\u003ca href=\"http://ww2.kqed.org/news/2013/03/12/the-bird-vs-the-bypass-tree-sitter-fights-mendocino-highway-project/\">Warbler\u003c/a>\" has not achieved her goal of blocking a Highway 101 bypass around the Mendocino County town of Willits. Now she is trying a hunger strike.\u003c/p>\n\u003cp>On Thursday the 24-year-old, whose real name is Amanda Senseman, lowered her remaining bags of food to a waiting police officer who searched the bags and then gave them to protesters at the site.\u003c/p>\n\u003cp>Warbler said she will drink broth for the next two days and then move on to a water-only diet.\u003c/p>\n\u003cp>In the meantime, she has gained company in the nearby foliage. Two other protesters climbed up into separate trees last week in eastern Willits, and third climbed a tree across the highway from Warbler's late Wednesday night.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On the ground, four protesters were arrested on Tuesday for trespassing and blocking work by sitting on a loader, according to Capt. Jim Epperson of the California Highway Patrol in Ukiah.\u003c/p>\n\u003cp>\u003cstrong>This \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=HmC7gu-92so\">video\u003c/a> shows a CHP helicopter circling the tree where Warbler is camped.\u003c/strong>\u003ciframe src=\"http://www.youtube.com/embed/HmC7gu-92so\" frameborder=\"0\" width=\"560\" height=\"315\">\u003c/iframe>\u003c/p>\n\u003cp>Last week 40 to 50 CHP officers took over the area where Warbler has been living. Warbler said they cut her off from activists and supporters, while a local contractor began to remove nearby ground cover and oak trees and started building fences.\u003c/p>\n\u003cfigure id=\"attachment_92914\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/29/after-two-months-camped-in-a-tree-warbler-goes-on-hunger-strike/warbler-lowers-down-a-bucket/\" rel=\"attachment wp-att-92914\">\u003cimg class=\"size-medium wp-image-92914\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/warbler-lowers-down-a-bucket-200x300.jpg\" alt=\"Warbler lowers her food in a bucket. (Deborah Svoboda)\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Warbler lowers her food in a bucket. (Deborah Svoboda)\u003c/figcaption>\u003c/figure>\n\u003cp>Following the arrests of eight people last week, a CHP helicopter circled Warbler's tree at the level of her platform. She believed they were taking photos to prepare to force her to come down. \"They were so close, I could have thrown a stone at them,\" Warbler said.\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>\"I'm just angry and exhausted from the emotion of it all,” she added.\u003c/p>\n\u003cp>She still has no intention of coming down and said she believes that the CHP is “aiding and abetting Caltrans in a crime.”\u003c/p>\n\u003cp>She listed three demands:\u003c/p>\n\u003col>\n\u003cli>Cease all construction on Caltrans' current Willits Bypass immediately, pending legal resolution.\u003c/li>\n\u003cli>Allow the public and press to enter the destroyed and disturbed areas to document said destruction and violations of law, nature and common sense.\u003c/li>\n\u003cli>Adopt the least harmful alternatives and appropriately scaled transportation solutions for Willits and the Little Lake Valley.\u003c/li>\n\u003c/ol>\n\u003cp>Epperson said only Caltrans could make such concessions. In the meantime, the police aren't trying to force Warbler out of her tree. \"There's a lot of things we could do, but our plan right now is to keep up negotiations with her,\" he said.\u003c/p>\n\u003cfigure id=\"attachment_92917\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/29/after-two-months-camped-in-a-tree-warbler-goes-on-hunger-strike/warblers-bucket-received/\" rel=\"attachment wp-att-92917\">\u003cimg class=\"size-medium wp-image-92917\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/warblers-bucket-received-300x200.jpg\" alt=\"A California Highway Patarol officer receives Warbler's food bucket. (Deborah Svoboda/KQED)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A California Highway Patarol officer receives Warbler's food bucket. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Caltrans spokesman Phil Frisbie said the demands have \"all been addressed many times.\"\u003c/p>\n\u003cp>He referred readers to \u003ca href=\"http://willitsbypass.wordpress.com/\" target=\"_blank\">Caltrans' blog \u003c/a>about the project. “We are continuing to press on because of the cost to taxpayers and we believe that we have a project that has been developed lawfully,” he said.\u003c/p>\n\u003cp>The tree sitters can descend anytime without fear of prosecution, Frisbie said.\u003c/p>\n\u003cp>The pine that Warbler lives in is located on the southern outskirts of Willits in Mendocino County and overlooks Highway 101. She, along with the group \u003ca href=\"http://www.savelittlelakevalley.org/\" target=\"_blank\">SOLLV\u003c/a>, are trying to block the construction of a four-lane, six-mile, $290 million highway bypass around town.\u003c/p>\n\u003cp>Caltrans has planned the bypass for decades and says it's necessary to allow through traffic to avoid the bottleneck of downtown Willits, where U.S. 101 narrows to two lanes.\u003c/p>\n\u003cp>Warbler took to the ponderosa pine to protest potential environmental damage to the area, including tree removal and disruptions to migratory birds. Wetlands will need to be filled in order to build the bypass, which could have an impact on spawning streams for endangered coho salmon and steelhead.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Caltrans claims that mitigation work funded by the project will more than compensate for any environmental damage.\u003c/p>\n\n",
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"description": "by Deborah Svoboda After camping out in a ponderosa pine 71 feet above the ground for two months, "Warbler" has not achieved her goal of blocking a Highway 101 bypass around the Mendocino County town of Willits. Now she is trying a hunger strike. On Thursday the 24-year-old, whose real name is Amanda Senseman, lowered",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Deborah Svoboda\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_92912\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/29/after-two-months-camped-in-a-tree-warbler-goes-on-hunger-strike/warbler-begins-hunger-strike/\" rel=\"attachment wp-att-92912\">\u003cimg class=\"size-medium wp-image-92912\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/warbler-begins-hunger-strike-300x200.jpg\" alt=\"Warbler announces a hunger strike. (Deborah Svobada/KQED)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Warbler announces a hunger strike. (Deborah Svobada/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>After camping out in a ponderosa pine 71 feet above the ground for two months, \"\u003ca href=\"http://ww2.kqed.org/news/2013/03/12/the-bird-vs-the-bypass-tree-sitter-fights-mendocino-highway-project/\">Warbler\u003c/a>\" has not achieved her goal of blocking a Highway 101 bypass around the Mendocino County town of Willits. Now she is trying a hunger strike.\u003c/p>\n\u003cp>On Thursday the 24-year-old, whose real name is Amanda Senseman, lowered her remaining bags of food to a waiting police officer who searched the bags and then gave them to protesters at the site.\u003c/p>\n\u003cp>Warbler said she will drink broth for the next two days and then move on to a water-only diet.\u003c/p>\n\u003cp>In the meantime, she has gained company in the nearby foliage. Two other protesters climbed up into separate trees last week in eastern Willits, and third climbed a tree across the highway from Warbler's late Wednesday night.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On the ground, four protesters were arrested on Tuesday for trespassing and blocking work by sitting on a loader, according to Capt. Jim Epperson of the California Highway Patrol in Ukiah.\u003c/p>\n\u003cp>\u003cstrong>This \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=HmC7gu-92so\">video\u003c/a> shows a CHP helicopter circling the tree where Warbler is camped.\u003c/strong>\u003ciframe src=\"http://www.youtube.com/embed/HmC7gu-92so\" frameborder=\"0\" width=\"560\" height=\"315\">\u003c/iframe>\u003c/p>\n\u003cp>Last week 40 to 50 CHP officers took over the area where Warbler has been living. Warbler said they cut her off from activists and supporters, while a local contractor began to remove nearby ground cover and oak trees and started building fences.\u003c/p>\n\u003cfigure id=\"attachment_92914\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/29/after-two-months-camped-in-a-tree-warbler-goes-on-hunger-strike/warbler-lowers-down-a-bucket/\" rel=\"attachment wp-att-92914\">\u003cimg class=\"size-medium wp-image-92914\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/warbler-lowers-down-a-bucket-200x300.jpg\" alt=\"Warbler lowers her food in a bucket. (Deborah Svoboda)\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Warbler lowers her food in a bucket. (Deborah Svoboda)\u003c/figcaption>\u003c/figure>\n\u003cp>Following the arrests of eight people last week, a CHP helicopter circled Warbler's tree at the level of her platform. She believed they were taking photos to prepare to force her to come down. \"They were so close, I could have thrown a stone at them,\" Warbler said.\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>\"I'm just angry and exhausted from the emotion of it all,” she added.\u003c/p>\n\u003cp>She still has no intention of coming down and said she believes that the CHP is “aiding and abetting Caltrans in a crime.”\u003c/p>\n\u003cp>She listed three demands:\u003c/p>\n\u003col>\n\u003cli>Cease all construction on Caltrans' current Willits Bypass immediately, pending legal resolution.\u003c/li>\n\u003cli>Allow the public and press to enter the destroyed and disturbed areas to document said destruction and violations of law, nature and common sense.\u003c/li>\n\u003cli>Adopt the least harmful alternatives and appropriately scaled transportation solutions for Willits and the Little Lake Valley.\u003c/li>\n\u003c/ol>\n\u003cp>Epperson said only Caltrans could make such concessions. In the meantime, the police aren't trying to force Warbler out of her tree. \"There's a lot of things we could do, but our plan right now is to keep up negotiations with her,\" he said.\u003c/p>\n\u003cfigure id=\"attachment_92917\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/29/after-two-months-camped-in-a-tree-warbler-goes-on-hunger-strike/warblers-bucket-received/\" rel=\"attachment wp-att-92917\">\u003cimg class=\"size-medium wp-image-92917\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/warblers-bucket-received-300x200.jpg\" alt=\"A California Highway Patarol officer receives Warbler's food bucket. (Deborah Svoboda/KQED)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A California Highway Patarol officer receives Warbler's food bucket. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Caltrans spokesman Phil Frisbie said the demands have \"all been addressed many times.\"\u003c/p>\n\u003cp>He referred readers to \u003ca href=\"http://willitsbypass.wordpress.com/\" target=\"_blank\">Caltrans' blog \u003c/a>about the project. “We are continuing to press on because of the cost to taxpayers and we believe that we have a project that has been developed lawfully,” he said.\u003c/p>\n\u003cp>The tree sitters can descend anytime without fear of prosecution, Frisbie said.\u003c/p>\n\u003cp>The pine that Warbler lives in is located on the southern outskirts of Willits in Mendocino County and overlooks Highway 101. She, along with the group \u003ca href=\"http://www.savelittlelakevalley.org/\" target=\"_blank\">SOLLV\u003c/a>, are trying to block the construction of a four-lane, six-mile, $290 million highway bypass around town.\u003c/p>\n\u003cp>Caltrans has planned the bypass for decades and says it's necessary to allow through traffic to avoid the bottleneck of downtown Willits, where U.S. 101 narrows to two lanes.\u003c/p>\n\u003cp>Warbler took to the ponderosa pine to protest potential environmental damage to the area, including tree removal and disruptions to migratory birds. Wetlands will need to be filled in order to build the bypass, which could have an impact on spawning streams for endangered coho salmon and steelhead.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Caltrans claims that mitigation work funded by the project will more than compensate for any environmental damage.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Vies for Drone-Testing Contracts",
"title": "California Vies for Drone-Testing Contracts",
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"content": "\u003cp>\u003cem>By Aarti Shahani\u003c/em>\u003c/p>\n\u003cp>It looks like the skies are going to become a lot more crowded.\u003c/p>\n\u003cfigure id=\"attachment_92706\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/drone.jpg\">\u003cimg class=\"size-medium wp-image-92706 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/drone-300x225.jpg\" alt=\"An small drone. (Andrew Stelzer/KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A small drone. (Andrew Stelzer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The Federal Aviation Administration wants to put unmanned aerial vehicles operated by joysticks in the same air with planes operated by pilots. Last month the agency put out a call to test-fly drones at six sites still to be determined.\u003c/p>\n\u003cp>Two airports in California are vying for a federal contract to test-fly nonmilitary drones. Ventura and Kern counties are competing, along with 50 teams in 36 other states to win one of the drone contracts.\u003c/p>\n\u003cp>UC Berkeley's Dean of Engineering Shankar Sastry said he has had to coordinate with controllers of unmanned vehicles while flying in a plane himself, and regulators need to look seriously at mixed-use airspace.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Sastry said unmanned drones can be used by civilians for farming, fire control in remote areas, pipeline monitoring and other safety-related tasks.\u003c/p>\n\u003cp>\"This is really catching up to what is already a reality in several places,\" Sastry said, referring to the recent testing of unmanned vehicles by companies such as Google on roads and highways. \"So I'm delighted the FAA is having this competition, and I certainly hope California will be in the vanguard.\"\u003c/p>\n\u003cp>He said technological concerns regarding use of mixed airspace can be overcome.\u003c/p>\n\u003cp>\u003cstrong>Concerns Over Privacy\u003c/strong>\u003c/p>\n\u003cp>But civil rights groups are concerned about the potential for invasion of privacy by agencies flying drones.\u003c/p>\n\u003cp>\"Privacy concerns are real, and I think they do need to be addressed,\" Sastry said.\u003c/p>\n\u003cp>The City of Berkeley is considering a ban on drones, citing privacy concerns.\u003c/p>\n\u003cp>Last February the \u003ca href=\"http://www.kqed.org/news/story/2013/02/15/116429/alameda_county_sheriff_will_wait_to_purchase_drone?category=bay+area\">Alameda County Sheriff's Office\u003c/a> sought approval from the Alameda County Board of Supervisors to use more than $31,000 in federal funds to help pay for a drone.\u003c/p>\n\u003cp>Attorney Linda Lye with the \u003ca href=\"https://www.aclunc.org/\">ACLU of Northern California\u003c/a> told KQED last October she was concerned drones would make it easy to do mass surveillance of citizens.\u003c/p>\n\u003cp>\"We're concerned about the comprehensive stockpiling of detailed information about where people go, when they do it, who they meet with,\" Lye said. The decision to buy a drone merits a public debate and a vote by elected officials, she said.\u003c/p>\n\u003cp>\u003cstrong>Growth Potential\u003c/strong>\u003c/p>\n\u003cp>Sastry's students stand to make money manufacturing drones. The \u003ca href=\"http://www.faa.gov/about/office_org/headquarters_offices/apl/aviation_forecasts/aerospace_forecasts/2013-2033/media/2013_Forecast.pdf\">FAA estimates\u003c/a> 7,500 nonmilitary drones will be in the air within five years, and calls drones \"the most dynamic growth sector within the aviation industry.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The untapped civilian market is estimated in the billions, and the Teal Group estimates that about $89.1 billion will be spent on unmanned aircraft systems over the next 10 years.\u003c/p>\n\n",
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"description": "By Aarti Shahani It looks like the skies are going to become a lot more crowded. The Federal Aviation Administration wants to put unmanned aerial vehicles operated by joysticks in the same air with planes operated by pilots. Last month the agency put out a call to test-fly drones at six sites still to be",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>By Aarti Shahani\u003c/em>\u003c/p>\n\u003cp>It looks like the skies are going to become a lot more crowded.\u003c/p>\n\u003cfigure id=\"attachment_92706\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/drone.jpg\">\u003cimg class=\"size-medium wp-image-92706 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/drone-300x225.jpg\" alt=\"An small drone. (Andrew Stelzer/KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A small drone. (Andrew Stelzer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The Federal Aviation Administration wants to put unmanned aerial vehicles operated by joysticks in the same air with planes operated by pilots. Last month the agency put out a call to test-fly drones at six sites still to be determined.\u003c/p>\n\u003cp>Two airports in California are vying for a federal contract to test-fly nonmilitary drones. Ventura and Kern counties are competing, along with 50 teams in 36 other states to win one of the drone contracts.\u003c/p>\n\u003cp>UC Berkeley's Dean of Engineering Shankar Sastry said he has had to coordinate with controllers of unmanned vehicles while flying in a plane himself, and regulators need to look seriously at mixed-use airspace.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sastry said unmanned drones can be used by civilians for farming, fire control in remote areas, pipeline monitoring and other safety-related tasks.\u003c/p>\n\u003cp>\"This is really catching up to what is already a reality in several places,\" Sastry said, referring to the recent testing of unmanned vehicles by companies such as Google on roads and highways. \"So I'm delighted the FAA is having this competition, and I certainly hope California will be in the vanguard.\"\u003c/p>\n\u003cp>He said technological concerns regarding use of mixed airspace can be overcome.\u003c/p>\n\u003cp>\u003cstrong>Concerns Over Privacy\u003c/strong>\u003c/p>\n\u003cp>But civil rights groups are concerned about the potential for invasion of privacy by agencies flying drones.\u003c/p>\n\u003cp>\"Privacy concerns are real, and I think they do need to be addressed,\" Sastry said.\u003c/p>\n\u003cp>The City of Berkeley is considering a ban on drones, citing privacy concerns.\u003c/p>\n\u003cp>Last February the \u003ca href=\"http://www.kqed.org/news/story/2013/02/15/116429/alameda_county_sheriff_will_wait_to_purchase_drone?category=bay+area\">Alameda County Sheriff's Office\u003c/a> sought approval from the Alameda County Board of Supervisors to use more than $31,000 in federal funds to help pay for a drone.\u003c/p>\n\u003cp>Attorney Linda Lye with the \u003ca href=\"https://www.aclunc.org/\">ACLU of Northern California\u003c/a> told KQED last October she was concerned drones would make it easy to do mass surveillance of citizens.\u003c/p>\n\u003cp>\"We're concerned about the comprehensive stockpiling of detailed information about where people go, when they do it, who they meet with,\" Lye said. The decision to buy a drone merits a public debate and a vote by elected officials, she said.\u003c/p>\n\u003cp>\u003cstrong>Growth Potential\u003c/strong>\u003c/p>\n\u003cp>Sastry's students stand to make money manufacturing drones. The \u003ca href=\"http://www.faa.gov/about/office_org/headquarters_offices/apl/aviation_forecasts/aerospace_forecasts/2013-2033/media/2013_Forecast.pdf\">FAA estimates\u003c/a> 7,500 nonmilitary drones will be in the air within five years, and calls drones \"the most dynamic growth sector within the aviation industry.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The untapped civilian market is estimated in the billions, and the Teal Group estimates that about $89.1 billion will be spent on unmanned aircraft systems over the next 10 years.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>On Wednesday morning the U.S. Supreme Court heard arguments on whether the federal Defense of Marriage Act is unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"https://soundcloud.com/kqed/supreme-court-doma-oral\">Listen\u003c/a>\u003c/strong> to the hearing:\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85193343\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.scribd.com/doc/132670145/DOMA-Oral-Arguments-at-the-Supreme-Court\">Read\u003c/a>\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132670145/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\">Proposition 8 Supreme Court Hearing Audio, Transcript\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all of the case filings in the Proposition 8 and DOMA cases.\u003c/p>\n\n",
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"excerpt": "On Wednesday morning the Supreme Court heard arguments on whether the federal Defense of Marriage Act is unconstitutional.\r\n\r\n\u003cstrong>\u003ca href=\"https://soundcloud.com/kqed/supreme-court-doma-oral\">Listen\u003c/a>\u003c/strong> to the hearing:\r\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85193343\">\u003c/iframe>\r\n\r\n\u003cstrong>\u003ca href=\"http://www.scribd.com/doc/132670145/DOMA-Oral-Arguments-at-the-Supreme-Court\">Read\u003c/a>\u003c/strong> the transcript:\r\n\u003ciframe src=\"http://www.scribd.com/embeds/132670145/content?start_page=1&view_mode=scroll\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\r\n\r\n\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all the of the case filings in the Proposition 8 and DOMA cases.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Wednesday morning the U.S. Supreme Court heard arguments on whether the federal Defense of Marriage Act is unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"https://soundcloud.com/kqed/supreme-court-doma-oral\">Listen\u003c/a>\u003c/strong> to the hearing:\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85193343\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.scribd.com/doc/132670145/DOMA-Oral-Arguments-at-the-Supreme-Court\">Read\u003c/a>\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132670145/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\">Proposition 8 Supreme Court Hearing Audio, Transcript\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all of the case filings in the Proposition 8 and DOMA cases.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Proposition 8 Oral Arguments Explained",
"title": "Proposition 8 Oral Arguments Explained",
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"content": "\u003cp>After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\u003c/p>\n\u003cfigure id=\"attachment_92585\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/us-chief-justice-john-roberts-c-front-2/\" rel=\"attachment wp-att-92585\">\u003cimg class=\"size-medium wp-image-92585\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/912367741-300x206.jpg\" alt=\"File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\" width=\"300\" height=\"206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Only Justice Scalia seemed to ask questions that supported the standing of the sponsors. But Justice Ginsburg and Justice Kagan and Justice Roberts and then, at the end, Justice Kennedy, when he said there was a substantial question over standing. All of them intimated that this may not be an appropriate vehicle for federal courts to weigh in, because the sponsors don’t really have a direct tie to the people and voters of California as to be able to step in their shoes, and speak for the state, when the attorney general and the governor declined to defend.\u003c/p>\n\u003cp>There is at least a very good chance that this case will get resolved on standing grounds.\u003c/p>\n\u003cp>Interestingly, the liberal justices, as I said, Justice Ginsburg, Justice Kagan, Justice Breyer, asked a lot of questions that suggested that they were skeptical of the sponsor standing. That is a signal to me that they would rather let Prop. 8 die a California-specific death on standing grounds, because if there’s no standing, then basically the Ninth Circuit decision is wiped out, and the plaintiffs will win a narrow victory in the district court. But, not necessarily [a win] that spills over to affect people from any other state, and maybe not even other same-sex couples in California, at least not for the moment.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Mr. Cooper, we have jurisdictional and merits issues here. Maybe it'd be best if you could begin with the standing issue.\u003c/p>\n\u003cp>MR. COOPER: I'd be happy to, Mr. Chief Justice. Your Honor, the official proponents of Proposition 8, the initiative, have standing to defend that measure before this Court as representatives of the people and the State of California to defend the validity of a measure that they brought forward.\u003c/p>\n\u003cp>JUSTICE GINSBURG: Have we ever granted standing to proponents of ballot initiatives?\u003cbr>\n\u003c!--more-->\u003cbr>\nMR. COOPER: No, Your Honor, the Court has not done that. But the Court has never had before it a clear expression from a unanimous State's high court that --\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KAGAN: -- could -- could the State assign to any citizen the rights to defend a judgment of this kind?\u003c/p>\n\u003cp>MR. COOPER: Justice Kagan, that would be a -- a very tough question. It's -- it's by no means the question before the Court, because -- because it isn't any citizen, it's -- it is the -- it is the official proponents that have a specific and -- and carefully detailed --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, I just -- if you would on the hypothetical: Could a State just assign to\u003cbr>\nanybody the ability to do this?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, I think it very well might. It very well might be able to decide that any citizen could step forward and represent the interests of the State and the people in that State...\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KENNEDY: But you're -- you're doing so in a -- in a case where the opinion is very narrow. Basically that once the State goes halfway, it has to go all the way or 70 percent of the way, and you're doing so in a case where there's a substantial question on -- on standing. I just wonder if -- if the case was properly granted.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Defining Marriage\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> When it comes to the merits, I think there was more of a full-throated rejection of the plaintiffs' challenge to Prop. 8 by the conservative justices, especially Justice Scalia, than there was a full-throated embrace of a national right to same sex-marriage by the liberals.\u003c/p>\n\u003cp>It’s true that Justice Kagan asked (Yes on 8 Attorney) Chuck Cooper some difficult questions about regulation of people who are over 55 years of age and how does that relate to procreation, etc. But I didn’t hear the liberals kind of explain a national equal protection right, which they may embrace, but they didn’t use oral argument to put it out there the way Justice Scalia and other conservative justices kind of belittled the claim brought by the plaintiffs.\u003c/p>\n\u003cp>One of the things the arguments show -- this procreation defense of bans on same-sex marriage -- doesn’t really work that easily. It lends itself to a lot of easy, hypothetical rejoinders. And I think that the conservative justices who think that Prop. 8 is appropriate for the people of California to have passed, they in their questions, recast the issue focusing not just narrowly on procreation, but on caution more generally.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE BREYER: Am I not clear? Look, you said that the problem is marriage; that it is an institution that furthers procreation.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor.\u003c/p>\n\u003cp>JUSTICE BREYER: And the reason there was adoption, but that doesn't apply to California. So imagine I wall off California and I'm looking just there, where you say that doesn't apply. Now, what happens to your argument about the institution of marriage as a tool towards procreation? Given the fact that, in California, too, couples that aren't gay but can't have children get married all the time.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus, refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples. Suppose, in turn --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, suppose a State said, Mr. Cooper, suppose a State said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?\u003c/p>\n\u003cp>MR. COOPER: No, Your Honor, it would not be constitutional.\u003c/p>\n\u003cp>JUSTICE KAGAN: Because that's the same State interest, I would think, you know. If you are over the age of 55, you don't help us serve the Government's interest in regulating procreation through marriage. So why is that different?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, even with respect to couples over the age of 55, it is very rare that both couples -- both parties to the couple are infertile, and the traditional --\u003c/p>\n\u003cp>\u003cem>- Laughter -\u003c/em>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Is Marriage a Fundamental Right?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> \u003cem>Loving\u003c/em> was a 1967 decision by the U.S. Supreme Court to strike down Virginia’s ban on interracial marriage. It kept coming up because the challengers to Prop. 8 have really evoked \u003cem>Loving\u003c/em> and the interracial marriage setting as an analogy: That just as it was legitimate for the court to tell states that they could not ban marriages between races, so, too, it’s appropriate to tell states that they cannot ban marriages between gays and lesbians.\u003c/p>\n\u003cp>The people who oppose the challenge, the defenders of Prop. 8, Chuck Cooper, they really think that \u003cem>Loving\u003c/em> is more a case about race than it was about marriage. They also would note that in 1967, when the Supreme Court decided \u003cem>Loving\u003c/em>, there were only about a dozen or so states that continued to prohibit interracial marriage. Whereas 40 states or so continue to prohibit same-sex marriage. So the backdrop against which the Supreme Court nationalized a right to interracial marriage in 1967 might be considered different than today’s backdrop. Something the court kind of hinted at a number of times when they talked about whether this issue should percolate a little in the states before the Supreme Court weighs in, in a definitive fashion.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Same-sex couples have every other right, it's just about the label.\u003c/p>\n\u003cp>MR. OLSON: The label \"marriage\" means something. Even our opponents --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: If you tell a child that somebody has to be their friend, I suppose you can force the child to say, this is my friend, but it changes the definition of what it means to be a friend. And that's it seems to me what the -- what supporters of Proposition 8 are saying here. You're -- all you're interested in is the label and you insist on changing the definition of the label.\u003c/p>\n\u003cp>MR. OLSON: It is like you were to say you can vote, you can travel, but you may not be a citizen. There are certain labels in this country that are very, very critical. You could have said in the \u003cem>Loving\u003c/em> case, what -- you can't get married, but you can have an interracial union. Everyone would know that that was wrong, that the -- marriage has a status, recognition, support, and you -- if you read the test, you know --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: How do we know -- how do we know that that's the reason, or a necessary part of the reason, that we've recognized marriage as a fundamental right? That's -- you've emphasized that and you've said, well, it's because of the emotional commitment. Maybe it is the procreative aspect that makes it a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Why Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I think the best defense of Prop. 8, if there is a good defense, is that states have the right to be cautious when they’re tampering with an institution that’s 2,000 or more years old. Justice Kennedy talked about how long marriage has remained the way it is. Justice Alito said, you know, same sex-marriage is a newer institution than cell phones or the Internet, and you’re telling us we have to nationalize it right now?\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE ALITO: You want us to assess the effects of same-sex marriage, the potential effects on -- of same-sex marriage, the potential -- the effects of Proposition 8. But what is your response to the argument which has already been mentioned about the need to be cautious in light of the newness of the -- the concept of -- of same-sex marriage. The one thing that the parties in this case seem to agree on is that marriage is very important. It's thought to be a fundamental building block of society and its preservation essential for the preservation of society. Traditional marriage has been around for thousands of years. Same-sex marriage is very new. I think it was first adopted in The Netherlands in 2000. So there isn't a lot of data about its effect. And it may turn out to be a -- a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe. But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet? I mean we -- we are not -- we do not have the ability to see the future. On a question like that, of such fundamental importance, why should it not be left for the people, either acting through initiatives and referendums or through their elected public officials?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>When Did Same-Sex Marriage Become Illegal?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> The rhetorical point Justice Scalia is trying to make is that if we would say that it did not violate the Constitution to prohibit same-sex marriage 50 years ago, and it does so today, isn’t it odd that the meaning of the Constitution, whose words haven’t changed since 1868, would evolve?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>(Scalia) is what we call an originalist and textualist. He wants to interpret the equal protection clause of the 14th Amendment by reference to what it meant in 1868. Not by reference to modern notions of social meaning and social science.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SCALIA: Was it always unconstitutional?\u003c/p>\n\u003cp>MR. OLSON: It was constitutional when we -- as a culture determined that sexual orientation is a characteristic of individuals that they cannot control, and that that --\u003c/p>\n\u003cp>JUSTICE SCALIA: I see. When did that happen? When did that happen?\u003c/p>\n\u003cp>MR. OLSON: There's no specific date in time. This is an evolutionary cycle.\u003c/p>\n\u003cp>JUSTICE SCALIA: Well, how am I supposed to know how to decide a case, then --\u003c/p>\n\u003cp>MR. OLSON: Because the case that's before you --\u003c/p>\n\u003cp>JUSTICE SCALIA: -- if you can't give me a date when the Constitution changes?\u003c/p>\n\u003cp>MR. OLSON: -- in -- the case that's before you today, California decided -- the citizens of California decided, after the California Supreme Court decided that individuals had a right to get married irrespective of their sexual orientation in California, and then the Californians decided in Proposition 8, wait a minute, we don't want those people to be able to get married.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: So -- so your case -- your case would be different if Proposition 8 was enacted into law prior to the California Supreme Court decision?\u003c/p>\n\u003cp>MR. OLSON: I would make -- I would make the -- also would make the -- that distinguishes it in one respect. But also -- also -- I would also make the argument, Mr. Chief Justice, that we are -- this -- marriage is a fundamental right and we are making a classification based upon a status of individuals, which this Court has repeatedly decided that gays and lesbians are defined by their status. There is no question about that.\u003c/p>\u003c/blockquote>\n\n",
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"excerpt": "After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\r\n\r\n\u003cimg class=\"size-medium wp-image-92585\" src=\"http://ww2.kqed.org/news/files/2013/03/912367741-300x206.jpg\" alt=\"File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\" width=\"300\" height=\"206\" style=\"padding:10px 10px 10px 10px\" align=\"left\" />\u003c/a>\r\n\r\nThe \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\r\n\r\nThe questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\r\n\r\n\u003cstrong>Standing\u003c/strong>\r\n\r\n\u003cstrong>Amar:\u003c/strong> I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.",
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"description": "After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\r\n\r\n\r\n\r\nThe oral arguments were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\r\n\r\nThe questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\r\n\r\nStanding\r\n\r\nAmar: I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\u003c/p>\n\u003cfigure id=\"attachment_92585\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/us-chief-justice-john-roberts-c-front-2/\" rel=\"attachment wp-att-92585\">\u003cimg class=\"size-medium wp-image-92585\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/912367741-300x206.jpg\" alt=\"File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\" width=\"300\" height=\"206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Only Justice Scalia seemed to ask questions that supported the standing of the sponsors. But Justice Ginsburg and Justice Kagan and Justice Roberts and then, at the end, Justice Kennedy, when he said there was a substantial question over standing. All of them intimated that this may not be an appropriate vehicle for federal courts to weigh in, because the sponsors don’t really have a direct tie to the people and voters of California as to be able to step in their shoes, and speak for the state, when the attorney general and the governor declined to defend.\u003c/p>\n\u003cp>There is at least a very good chance that this case will get resolved on standing grounds.\u003c/p>\n\u003cp>Interestingly, the liberal justices, as I said, Justice Ginsburg, Justice Kagan, Justice Breyer, asked a lot of questions that suggested that they were skeptical of the sponsor standing. That is a signal to me that they would rather let Prop. 8 die a California-specific death on standing grounds, because if there’s no standing, then basically the Ninth Circuit decision is wiped out, and the plaintiffs will win a narrow victory in the district court. But, not necessarily [a win] that spills over to affect people from any other state, and maybe not even other same-sex couples in California, at least not for the moment.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Mr. Cooper, we have jurisdictional and merits issues here. Maybe it'd be best if you could begin with the standing issue.\u003c/p>\n\u003cp>MR. COOPER: I'd be happy to, Mr. Chief Justice. Your Honor, the official proponents of Proposition 8, the initiative, have standing to defend that measure before this Court as representatives of the people and the State of California to defend the validity of a measure that they brought forward.\u003c/p>\n\u003cp>JUSTICE GINSBURG: Have we ever granted standing to proponents of ballot initiatives?\u003cbr>\n\u003c!--more-->\u003cbr>\nMR. COOPER: No, Your Honor, the Court has not done that. But the Court has never had before it a clear expression from a unanimous State's high court that --\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KAGAN: -- could -- could the State assign to any citizen the rights to defend a judgment of this kind?\u003c/p>\n\u003cp>MR. COOPER: Justice Kagan, that would be a -- a very tough question. It's -- it's by no means the question before the Court, because -- because it isn't any citizen, it's -- it is the -- it is the official proponents that have a specific and -- and carefully detailed --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, I just -- if you would on the hypothetical: Could a State just assign to\u003cbr>\nanybody the ability to do this?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, I think it very well might. It very well might be able to decide that any citizen could step forward and represent the interests of the State and the people in that State...\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KENNEDY: But you're -- you're doing so in a -- in a case where the opinion is very narrow. Basically that once the State goes halfway, it has to go all the way or 70 percent of the way, and you're doing so in a case where there's a substantial question on -- on standing. I just wonder if -- if the case was properly granted.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Defining Marriage\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> When it comes to the merits, I think there was more of a full-throated rejection of the plaintiffs' challenge to Prop. 8 by the conservative justices, especially Justice Scalia, than there was a full-throated embrace of a national right to same sex-marriage by the liberals.\u003c/p>\n\u003cp>It’s true that Justice Kagan asked (Yes on 8 Attorney) Chuck Cooper some difficult questions about regulation of people who are over 55 years of age and how does that relate to procreation, etc. But I didn’t hear the liberals kind of explain a national equal protection right, which they may embrace, but they didn’t use oral argument to put it out there the way Justice Scalia and other conservative justices kind of belittled the claim brought by the plaintiffs.\u003c/p>\n\u003cp>One of the things the arguments show -- this procreation defense of bans on same-sex marriage -- doesn’t really work that easily. It lends itself to a lot of easy, hypothetical rejoinders. And I think that the conservative justices who think that Prop. 8 is appropriate for the people of California to have passed, they in their questions, recast the issue focusing not just narrowly on procreation, but on caution more generally.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE BREYER: Am I not clear? Look, you said that the problem is marriage; that it is an institution that furthers procreation.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor.\u003c/p>\n\u003cp>JUSTICE BREYER: And the reason there was adoption, but that doesn't apply to California. So imagine I wall off California and I'm looking just there, where you say that doesn't apply. Now, what happens to your argument about the institution of marriage as a tool towards procreation? Given the fact that, in California, too, couples that aren't gay but can't have children get married all the time.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus, refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples. Suppose, in turn --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, suppose a State said, Mr. Cooper, suppose a State said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?\u003c/p>\n\u003cp>MR. COOPER: No, Your Honor, it would not be constitutional.\u003c/p>\n\u003cp>JUSTICE KAGAN: Because that's the same State interest, I would think, you know. If you are over the age of 55, you don't help us serve the Government's interest in regulating procreation through marriage. So why is that different?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, even with respect to couples over the age of 55, it is very rare that both couples -- both parties to the couple are infertile, and the traditional --\u003c/p>\n\u003cp>\u003cem>- Laughter -\u003c/em>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Is Marriage a Fundamental Right?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> \u003cem>Loving\u003c/em> was a 1967 decision by the U.S. Supreme Court to strike down Virginia’s ban on interracial marriage. It kept coming up because the challengers to Prop. 8 have really evoked \u003cem>Loving\u003c/em> and the interracial marriage setting as an analogy: That just as it was legitimate for the court to tell states that they could not ban marriages between races, so, too, it’s appropriate to tell states that they cannot ban marriages between gays and lesbians.\u003c/p>\n\u003cp>The people who oppose the challenge, the defenders of Prop. 8, Chuck Cooper, they really think that \u003cem>Loving\u003c/em> is more a case about race than it was about marriage. They also would note that in 1967, when the Supreme Court decided \u003cem>Loving\u003c/em>, there were only about a dozen or so states that continued to prohibit interracial marriage. Whereas 40 states or so continue to prohibit same-sex marriage. So the backdrop against which the Supreme Court nationalized a right to interracial marriage in 1967 might be considered different than today’s backdrop. Something the court kind of hinted at a number of times when they talked about whether this issue should percolate a little in the states before the Supreme Court weighs in, in a definitive fashion.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Same-sex couples have every other right, it's just about the label.\u003c/p>\n\u003cp>MR. OLSON: The label \"marriage\" means something. Even our opponents --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: If you tell a child that somebody has to be their friend, I suppose you can force the child to say, this is my friend, but it changes the definition of what it means to be a friend. And that's it seems to me what the -- what supporters of Proposition 8 are saying here. You're -- all you're interested in is the label and you insist on changing the definition of the label.\u003c/p>\n\u003cp>MR. OLSON: It is like you were to say you can vote, you can travel, but you may not be a citizen. There are certain labels in this country that are very, very critical. You could have said in the \u003cem>Loving\u003c/em> case, what -- you can't get married, but you can have an interracial union. Everyone would know that that was wrong, that the -- marriage has a status, recognition, support, and you -- if you read the test, you know --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: How do we know -- how do we know that that's the reason, or a necessary part of the reason, that we've recognized marriage as a fundamental right? That's -- you've emphasized that and you've said, well, it's because of the emotional commitment. Maybe it is the procreative aspect that makes it a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Why Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I think the best defense of Prop. 8, if there is a good defense, is that states have the right to be cautious when they’re tampering with an institution that’s 2,000 or more years old. Justice Kennedy talked about how long marriage has remained the way it is. Justice Alito said, you know, same sex-marriage is a newer institution than cell phones or the Internet, and you’re telling us we have to nationalize it right now?\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE ALITO: You want us to assess the effects of same-sex marriage, the potential effects on -- of same-sex marriage, the potential -- the effects of Proposition 8. But what is your response to the argument which has already been mentioned about the need to be cautious in light of the newness of the -- the concept of -- of same-sex marriage. The one thing that the parties in this case seem to agree on is that marriage is very important. It's thought to be a fundamental building block of society and its preservation essential for the preservation of society. Traditional marriage has been around for thousands of years. Same-sex marriage is very new. I think it was first adopted in The Netherlands in 2000. So there isn't a lot of data about its effect. And it may turn out to be a -- a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe. But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet? I mean we -- we are not -- we do not have the ability to see the future. On a question like that, of such fundamental importance, why should it not be left for the people, either acting through initiatives and referendums or through their elected public officials?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>When Did Same-Sex Marriage Become Illegal?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> The rhetorical point Justice Scalia is trying to make is that if we would say that it did not violate the Constitution to prohibit same-sex marriage 50 years ago, and it does so today, isn’t it odd that the meaning of the Constitution, whose words haven’t changed since 1868, would evolve?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>(Scalia) is what we call an originalist and textualist. He wants to interpret the equal protection clause of the 14th Amendment by reference to what it meant in 1868. Not by reference to modern notions of social meaning and social science.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SCALIA: Was it always unconstitutional?\u003c/p>\n\u003cp>MR. OLSON: It was constitutional when we -- as a culture determined that sexual orientation is a characteristic of individuals that they cannot control, and that that --\u003c/p>\n\u003cp>JUSTICE SCALIA: I see. When did that happen? When did that happen?\u003c/p>\n\u003cp>MR. OLSON: There's no specific date in time. This is an evolutionary cycle.\u003c/p>\n\u003cp>JUSTICE SCALIA: Well, how am I supposed to know how to decide a case, then --\u003c/p>\n\u003cp>MR. OLSON: Because the case that's before you --\u003c/p>\n\u003cp>JUSTICE SCALIA: -- if you can't give me a date when the Constitution changes?\u003c/p>\n\u003cp>MR. OLSON: -- in -- the case that's before you today, California decided -- the citizens of California decided, after the California Supreme Court decided that individuals had a right to get married irrespective of their sexual orientation in California, and then the Californians decided in Proposition 8, wait a minute, we don't want those people to be able to get married.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: So -- so your case -- your case would be different if Proposition 8 was enacted into law prior to the California Supreme Court decision?\u003c/p>\n\u003cp>MR. OLSON: I would make -- I would make the -- also would make the -- that distinguishes it in one respect. But also -- also -- I would also make the argument, Mr. Chief Justice, that we are -- this -- marriage is a fundamental right and we are making a classification based upon a status of individuals, which this Court has repeatedly decided that gays and lesbians are defined by their status. There is no question about that.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Audio, Transcript of Supreme Court Proposition 8 Oral Arguments",
"title": "Audio, Transcript of Supreme Court Proposition 8 Oral Arguments",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Supreme Court justices set a challenging tone early during the oral arguments on California's Proposition 8 Tuesday morning. The Justices questioned whether \u003ca href=\"#standing\">citizens have the right to defend a proposition\u003c/a> if the state will not, whether either side could \u003ca href=\"#harm\">prove legal harm\u003c/a> and \u003ca href=\"#when\">when same-sex marriage became illegal\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Listen\u003c/strong> to the oral arguments on California's Proposition 8 at the U.S. Supreme Court this morning.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85027489\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Read\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132467543/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. \u003cstrong>\u003ca href=\"\" target=\"_blank\">Learn more\u003c/a>\u003c/strong> about what some of the exchanges meant.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\">DOMA Supreme Court Hearing Audio, Transcript\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all the of the case filings in the Proposition 8 and DOMA cases.\u003c/p>\n\n",
"disqusIdentifier": "92453 http://ww2.kqed.org/news/?p=92453",
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"excerpt": "Listen to the oral arguments on California's Proposition 8 at the Supreme Court this morning.\r\n\r\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85027489\">\u003c/iframe>\r\n\r\nRead the transcript:\r\n\u003ciframe src=\"http://www.scribd.com/embeds/132467543/content?start_page=1&view_mode=scroll\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\r\n\r\n\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\" target=\"_blank\">\u003cstrong>Read\u003c/strong>\u003c/a> all the of the case filings in the Proposition 8 and DOMA cases.",
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"description": "Listen to the oral arguments on California's Proposition 8 at the Supreme Court this morning.\r\n\r\n\r\n\r\nRead the transcript:\r\n\r\n\r\nRead all the of the case filings in the Proposition 8 and DOMA cases.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Supreme Court justices set a challenging tone early during the oral arguments on California's Proposition 8 Tuesday morning. The Justices questioned whether \u003ca href=\"#standing\">citizens have the right to defend a proposition\u003c/a> if the state will not, whether either side could \u003ca href=\"#harm\">prove legal harm\u003c/a> and \u003ca href=\"#when\">when same-sex marriage became illegal\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Listen\u003c/strong> to the oral arguments on California's Proposition 8 at the U.S. Supreme Court this morning.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85027489\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Read\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132467543/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. \u003cstrong>\u003ca href=\"\" target=\"_blank\">Learn more\u003c/a>\u003c/strong> about what some of the exchanges meant.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\">DOMA Supreme Court Hearing Audio, Transcript\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all the of the case filings in the Proposition 8 and DOMA cases.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>http://storify.com/kqednews/live-prop-8-and-doma-at-the-supreme-court\u003c/p>\n\u003cp>If you're on a mobile device, you can read the Prop. 8 live blog directly on \u003ca href=\"http://storify.com/kqednews/live-prop-8-and-doma-at-the-supreme-court\">Storify\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"disqusTitle": "The 'Other' Ted: No on 8 Attorney Prepares for Supreme Court Oral Arguments",
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"content": "\u003cp>When Theodore Boutrous Jr. hopped on the phone the other day from Washington, he was giddy.\u003c/p>\n\u003cp>\"We just got a unanimous ruling at the Supreme Court!\" he said.\u003c/p>\n\u003cp>He was referring to the 9-0 decision on behalf of his client, an insurance company fighting a class-action case.\u003c/p>\n\u003cp>I asked Boutrous, who goes by \"Ted,\" how many times he has argued in front of the Supreme Court.\u003c/p>\n\u003cfigure id=\"attachment_92270\" class=\"wp-caption alignright\" style=\"max-width: 195px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/the-other-ted-no-on-8-attorney-prepares-for-supreme-court-oral-arguements/michael-jacksons/\" rel=\"attachment wp-att-92270\">\u003cimg class=\"size-medium wp-image-92270 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/50997687-195x300.jpg\" alt=\"File photo. Theodore Boutros, Media attorney speaks at a press conference after the Michael Jackson's pre-trial hearing on June 25, 2004. (Joshua Gates Weisberg-Pool/Getty Images)\" width=\"195\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Theodore Boutros, media attorney speaks at a press conference after the Michael Jackson's pre-trial hearing in 2004. (Joshua Gates Weisberg-Pool/Getty Images) Supreme Court.\u003c/figcaption>\u003c/figure>\n\u003cp>\"Twice,\" he said. \"And I’ve got 18 votes!\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When I suggested he should retire while he has a perfect record -- 18 votes mean all the justices ruled in his favor both times he appeared before them -- he emailed back, “It’s tempting!”\u003c/p>\n\u003cp>Since the start of the Proposition 8 debate in federal court four years ago, \u003ca href=\"http://www.gibsondunn.com/lawyers/tboutrous\">Boutrous\u003c/a> has been overshadowed by a higher-profile Ted, colleague \u003ca href=\"http://www.gibsondunn.com/lawyers/tolson\">Theodore Olson\u003c/a>. Both are partners at \u003ca href=\"http://www.gibsondunn.com/lawyers/tboutrous\" target=\"_blank\">Gibson, Dunn & Crutcher\u003c/a> (Boutrous in Los Angeles, Olson in D.C.) and have worked together for nearly 30 years. Both are part of the high-powered No on 8 legal team.\u003c/p>\n\u003cp>Olson is renowned in legal circles as a leading conservative, which makes his pairing with David Boies (whom he faced on opposite sides of the Bush v. Gore case in 2000) so interesting.\u003c/p>\n\u003cp>\u003cstrong>Preparing for the Big Day\u003c/strong>\u003c/p>\n\u003cp>Olson will be the attorney arguing before the justices on behalf of the No on 8 team on Tuesday.\u003c/p>\n\u003cp>To prepare for oral arguments, the team has been doing simulations.\u003c/p>\n\u003cp>\"We’ll have done four moot courts by Tuesday,\" Boutrous said, referring to the practice arguments. \"We’ve had a mix of experienced Supreme Court litigators from inside and outside the firm join us for the preparation.\"\u003c!--more-->\u003c/p>\n\u003cp>\u003c!--more-->\"Ted [Olson] walks up to the podium,\" Boutrous said. \"The four or five lawyers playing the roles of justices stay in character during the hourlong session. They let him get off a few sentences, and then they just go at him.\"\u003c/p>\n\u003cp>\"People like playing justices,\" Boutrous joked.\u003c/p>\n\u003cfigure id=\"attachment_92284\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/behind-the-scenes-with-the-no-on-8-team/federal-appeals-court-holds-hearing-on-prop-8-6/\" rel=\"attachment wp-att-92284\">\u003cimg class=\"size-medium wp-image-92284\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4279_107361311-300x225.jpg\" alt=\"No on 8 attorneys\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">No on 8 attorneys Ted Boutrous (R), Ted Olson (2nd R) David Boies (L) speak to reporters following a hearing at the 9th Circuit Court of Appeals in 2010. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The moot courts, he said, allow the No on 8 legal team to try out and edit their best arguments, to see where a particular argument will lead and to practice avoiding the creation of unnecessary issues that could bog down the argument or distract from the main points.\u003c/p>\n\u003cp>The No on 8 team will have 20 minutes to argue its case. The U.S. Solicitor General, also opposing Prop. 8, gets 10 minutes. The Yes on 8 team gets the other 30 minutes.\u003c/p>\n\u003cp>\u003cstrong>Reading the Justices\u003c/strong>\u003c/p>\n\u003cp>\"Don’t get too happy or too depressed about the questions they ask during the arguments,\" Boutrous said. \"You just don’t know what the purpose of the question is. You have to stay even-keeled.\"\u003c/p>\n\u003cp>In fact, he noted, he was stunned to see he’d gotten Justice Elena Kagan’s vote in that recent 9-0 decision because her questions during oral arguments seemed so hostile to his side.\u003c/p>\n\u003cp>\u003cstrong>Looking Sharp\u003c/strong>\u003c/p>\n\u003cp>On a lighter matter, I asked how they decide what to wear in court.\u003c/p>\n\u003cp>\"You always keep to dark colors,\" Boutrous said. \"I remember once I saw a lawyer came into court with a powder-blue jacket. I thought, 'This isn’t going to go well!'\"\u003c/p>\n\u003cp>\u003cstrong>'Abstract Principles Versus Real People'\u003c/strong>\u003c/p>\n\u003cp>Boutrous and the rest of team appear confident.\u003c/p>\n\u003cp>I asked what is the biggest hurdle his opponents face.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They’ve never been able to prove that excluding gay people is necessary to anyone or anything,\" Boutrous said. \"They can’t point to any harm done by same-sex marriage. It’s their abstract principles versus real people and their children being harmed. They just want to be like everybody else.\"\u003c/p>\n\n",
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"excerpt": "When Theodore Boutrous, Jr. hopped on the phone the other day from Washington, he was giddy. “We just got a unanimous ruling at the Supreme Court!” He was referring to the 9-0 decision on behalf of his client, an insurance company fighting a class action case.\r\n\r\nI asked Boutrous, who goes by “Ted”, how many times he’s argued in front of the Supreme Court. “Twice, “ he said. “And I’ve got 18 votes!” When I suggested he should retire while he has a perfect record, he emailed back “It’s tempting!”\r\n\r\n\u003cimg class=\"size-medium wp-image-92270\" src=\"http://ww2.kqed.org/news/files/2013/03/50997687-195x300.jpg\" alt=\"File photo. Theodore Boutros, Media attorney speaks at a press conference after the Michael Jackson's pre-trial hearing on June 25, 2004. (Joshua Gates Weisberg-Pool/Getty Images)\" width=\"195\" height=\"300\" style=\"padding:10px 10px 10px 10 px\" align=\"right\" />\u003c/a> \r\nSince the start of the Prop. 8 debate in federal court four years ago, Boutrous has been overshadowed by his high profile colleague, attorney Theodore Olson. Both are partners at \u003ca href=\"http://www.gibsondunn.com/lawyers/tboutrous\" target=\"_blank\">Gibson, Dunn & Crutcher\u003c/a> (Boutrous in the Los Angeles office, Olson in D.C.) and have worked together for nearly 30 years. Olson is renowned in legal circles as a leading conservative, which makes his pairing with David Boies (whom he faced on opposite sides of the Bush v. Gore case in 2000) so interesting.\r\n\r\nBoutrous may not get the “ink” they get, but he’s been an integral part of the legal strategy against Prop. 8.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Theodore Boutrous Jr. hopped on the phone the other day from Washington, he was giddy.\u003c/p>\n\u003cp>\"We just got a unanimous ruling at the Supreme Court!\" he said.\u003c/p>\n\u003cp>He was referring to the 9-0 decision on behalf of his client, an insurance company fighting a class-action case.\u003c/p>\n\u003cp>I asked Boutrous, who goes by \"Ted,\" how many times he has argued in front of the Supreme Court.\u003c/p>\n\u003cfigure id=\"attachment_92270\" class=\"wp-caption alignright\" style=\"max-width: 195px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/the-other-ted-no-on-8-attorney-prepares-for-supreme-court-oral-arguements/michael-jacksons/\" rel=\"attachment wp-att-92270\">\u003cimg class=\"size-medium wp-image-92270 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/50997687-195x300.jpg\" alt=\"File photo. Theodore Boutros, Media attorney speaks at a press conference after the Michael Jackson's pre-trial hearing on June 25, 2004. (Joshua Gates Weisberg-Pool/Getty Images)\" width=\"195\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Theodore Boutros, media attorney speaks at a press conference after the Michael Jackson's pre-trial hearing in 2004. (Joshua Gates Weisberg-Pool/Getty Images) Supreme Court.\u003c/figcaption>\u003c/figure>\n\u003cp>\"Twice,\" he said. \"And I’ve got 18 votes!\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When I suggested he should retire while he has a perfect record -- 18 votes mean all the justices ruled in his favor both times he appeared before them -- he emailed back, “It’s tempting!”\u003c/p>\n\u003cp>Since the start of the Proposition 8 debate in federal court four years ago, \u003ca href=\"http://www.gibsondunn.com/lawyers/tboutrous\">Boutrous\u003c/a> has been overshadowed by a higher-profile Ted, colleague \u003ca href=\"http://www.gibsondunn.com/lawyers/tolson\">Theodore Olson\u003c/a>. Both are partners at \u003ca href=\"http://www.gibsondunn.com/lawyers/tboutrous\" target=\"_blank\">Gibson, Dunn & Crutcher\u003c/a> (Boutrous in Los Angeles, Olson in D.C.) and have worked together for nearly 30 years. Both are part of the high-powered No on 8 legal team.\u003c/p>\n\u003cp>Olson is renowned in legal circles as a leading conservative, which makes his pairing with David Boies (whom he faced on opposite sides of the Bush v. Gore case in 2000) so interesting.\u003c/p>\n\u003cp>\u003cstrong>Preparing for the Big Day\u003c/strong>\u003c/p>\n\u003cp>Olson will be the attorney arguing before the justices on behalf of the No on 8 team on Tuesday.\u003c/p>\n\u003cp>To prepare for oral arguments, the team has been doing simulations.\u003c/p>\n\u003cp>\"We’ll have done four moot courts by Tuesday,\" Boutrous said, referring to the practice arguments. \"We’ve had a mix of experienced Supreme Court litigators from inside and outside the firm join us for the preparation.\"\u003c!--more-->\u003c/p>\n\u003cp>\u003c!--more-->\"Ted [Olson] walks up to the podium,\" Boutrous said. \"The four or five lawyers playing the roles of justices stay in character during the hourlong session. They let him get off a few sentences, and then they just go at him.\"\u003c/p>\n\u003cp>\"People like playing justices,\" Boutrous joked.\u003c/p>\n\u003cfigure id=\"attachment_92284\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/behind-the-scenes-with-the-no-on-8-team/federal-appeals-court-holds-hearing-on-prop-8-6/\" rel=\"attachment wp-att-92284\">\u003cimg class=\"size-medium wp-image-92284\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4279_107361311-300x225.jpg\" alt=\"No on 8 attorneys\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">No on 8 attorneys Ted Boutrous (R), Ted Olson (2nd R) David Boies (L) speak to reporters following a hearing at the 9th Circuit Court of Appeals in 2010. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The moot courts, he said, allow the No on 8 legal team to try out and edit their best arguments, to see where a particular argument will lead and to practice avoiding the creation of unnecessary issues that could bog down the argument or distract from the main points.\u003c/p>\n\u003cp>The No on 8 team will have 20 minutes to argue its case. The U.S. Solicitor General, also opposing Prop. 8, gets 10 minutes. The Yes on 8 team gets the other 30 minutes.\u003c/p>\n\u003cp>\u003cstrong>Reading the Justices\u003c/strong>\u003c/p>\n\u003cp>\"Don’t get too happy or too depressed about the questions they ask during the arguments,\" Boutrous said. \"You just don’t know what the purpose of the question is. You have to stay even-keeled.\"\u003c/p>\n\u003cp>In fact, he noted, he was stunned to see he’d gotten Justice Elena Kagan’s vote in that recent 9-0 decision because her questions during oral arguments seemed so hostile to his side.\u003c/p>\n\u003cp>\u003cstrong>Looking Sharp\u003c/strong>\u003c/p>\n\u003cp>On a lighter matter, I asked how they decide what to wear in court.\u003c/p>\n\u003cp>\"You always keep to dark colors,\" Boutrous said. \"I remember once I saw a lawyer came into court with a powder-blue jacket. I thought, 'This isn’t going to go well!'\"\u003c/p>\n\u003cp>\u003cstrong>'Abstract Principles Versus Real People'\u003c/strong>\u003c/p>\n\u003cp>Boutrous and the rest of team appear confident.\u003c/p>\n\u003cp>I asked what is the biggest hurdle his opponents face.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They’ve never been able to prove that excluding gay people is necessary to anyone or anything,\" Boutrous said. \"They can’t point to any harm done by same-sex marriage. It’s their abstract principles versus real people and their children being harmed. They just want to be like everybody else.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>by Tracie Cone, Associated Press\u003cbr>\n\u003c/em>\u003cbr>\nSACRAMENTO, Calif. (AP) — Over the years, California has added more parks to its state system than it can afford and should consider turning over control of some to local entities, a new report says.\u003c/p>\n\u003cfigure id=\"attachment_97351\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/report-california-should-give-parks-to-local-control/humboldtstatepark/\" rel=\"attachment wp-att-97351\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-97351\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/humboldtstatepark-300x169.jpg\" alt=\"Humboldt Redwoods State Park (Image credit: Lee Edwin Coursey/Flickr)\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Humboldt Redwoods State Park (Image credit: Lee Edwin Coursey/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The report released Monday by the Little Hoover Commission identified a number of problems with the park system. It even suggested that tourist favorite Hearst Castle might be better run by an operator such as the Getty Museum that is more versed in protecting the hilltop mansion’s European art collection.\u003c/p>\n\u003cp>While the outlandish Central Coast home of William Randolph Hearst is a major source of revenue, its upkeep exceeds the income it generates through ticket sales and the cost of needed maintenance is as high as $60 million.\u003c/p>\n\u003cp>“We have to take a fresh and rigorous look at the system from top to bottom,” said Stuart Drown, former executive director of the commission, a state oversight agency. “We need a new business model and fresh thinking.”\u003c!--more-->\u003c/p>\n\u003cp>From the coast to the giant sequoias of the Sierra, the California parks system protects some of the most historic and breathtaking places in the world. For years, the department has allowed millions of dollars in maintenance problems to pile up as it struggled with shrinking budgets and a manager mindset unaccustomed to generating revenue or asking for help, the report said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The commission began looking at the state park system a year ago. After decades of decreasing funding, a $22 million cut at the time from its $779 million budget threatened the closure of a quarter of the 278 parks in the system. Officials were unable to explain how the parks were chosen or the cost of operating individual sites.\u003c/p>\n\u003cp>The revelations — plus the discovery last year of $54 million hidden from the governor and Legislature in two special funds — damaged the public’s faith in the park system, even as dozens of volunteer groups were scrambling to raise funds and form partnerships to keep them open.\u003c/p>\n\u003cp>“The old model is obsolete,” the report said.\u003c/p>\n\u003cp>\u003ca href=\"http://www.kqed.org/news/openspaces/\" rel=\"attachment wp-att-111261\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-full wp-image-111261\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/hdpublicplaces-mod.jpg\" alt=\"hdpublicplaces-mod\" width=\"200\" height=\"46\">\u003c/a>The commission is asking the governor and elected officials to give the parks department the tools, authority and flexibility required to develop a new operating model.\u003c/p>\n\u003cp>The commission’s report, “Beyond Crisis: Recapturing Excellence in California’s State Park System,” is an overview for fixing the problems that have led to the long decline.\u003c/p>\n\u003cp>Officials with the parks department say the report echoes changes that managers were recently authorized to implement by the Legislature.\u003c/p>\n\u003cp>“We are grateful for the positive nature of the report,” said parks spokesman Roy Stearns. “We are committed to an open and transparent process that identifies innovative approaches for managing our state parks system now and for future generations.”\u003c/p>\n\u003cp>The report says the state Department of Parks and Recreation needs more business-minded managers at the regional and local levels and must revamp its historic management tactics, including those focused primarily on promoting law enforcement rangers, if the system is going to survive.\u003c/p>\n\u003cp>“This will require adding job classifications that do not yet exist and removing obstacles to promotion so the department can benefit from a broad range of management perspectives,” commission Chairman Daniel W. Hancock wrote in an introductory letter.\u003c/p>\n\u003cp>The California League of Park Associations, which said it was consulted by the commission, agreed with many of the findings.\u003c/p>\n\u003cp>“The proposed changes may not be easy for all involved, but we realize that the system as it currently stands is not working,” the group said in a statement.\u003c/p>\n\u003cp>Some of the 70 threatened parks have temporary agreements with nonprofit groups that are keeping them open, but the deals will begin expiring next year — the 150th anniversary of Yosemite, the first state park. It was taken over by the federal government after Californians had plowed the valley and built livestock fences.\u003c/p>\n\u003cp>“We don’t have a lot of time,” Drown said. “We’ve blown it before. We had Yosemite and we lost it.”\u003c/p>\n\u003cp>The commission studied structures of park systems in other states and trends in management. The report recommends training for current employees to help them learn to think more creatively. It also recommends hiring people with business experience from outside of state government.\u003c/p>\n\u003cp>The report also suggests forging more equitable partnerships with nonprofit benefactors such as the arrangements that exist with the National Park Service at Redwood National Park, state parks in Northern California, and regional park districts in Sonoma and Napa counties.\u003c/p>\n\u003cp>The commission has faith in Anthony Jackson, a retired Marine Corps major general tapped by Gov. Jerry Brown late last year to turn around the beleaguered department. But state park managers, currently focused on preserving and protecting resources, must also learn to explore ways to generate revenue and to encourage visitors to come, the report says.\u003c/p>\n\u003cp>“Open the windows and let the fresh winds come in and blow the cobwebs away,” Drown said. “The opportunity is there with the new management group.”\u003c/p>\n\u003cp>Listen to the California Report’s \u003ca href=\"http://www.californiareport.org/archive/R201303290850/a\">interview with Stuart Drown\u003c/a>.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Beyond Crisis: Recapturing Excellence in California's State Park System on Scribd\" href=\"http://www.scribd.com/doc/132281990/Beyond-Crisis-Recapturing-Excellence-in-California-s-State-Park-System\">Beyond Crisis: Recapturing Excellence in California’s State Park System\u003c/a> by \u003ca title=\"View scprweb's profile on Scribd\" href=\"http://www.scribd.com/scprweb\">scprweb\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/132281990/content?start_page=1&view_mode=scroll&access_key=key-26ufbmxoxhclcgy5mi0g\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Tracie Cone, Associated Press\u003cbr>\n\u003c/em>\u003cbr>\nSACRAMENTO, Calif. (AP) — Over the years, California has added more parks to its state system than it can afford and should consider turning over control of some to local entities, a new report says.\u003c/p>\n\u003cfigure id=\"attachment_97351\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/report-california-should-give-parks-to-local-control/humboldtstatepark/\" rel=\"attachment wp-att-97351\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-97351\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/humboldtstatepark-300x169.jpg\" alt=\"Humboldt Redwoods State Park (Image credit: Lee Edwin Coursey/Flickr)\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Humboldt Redwoods State Park (Image credit: Lee Edwin Coursey/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The report released Monday by the Little Hoover Commission identified a number of problems with the park system. It even suggested that tourist favorite Hearst Castle might be better run by an operator such as the Getty Museum that is more versed in protecting the hilltop mansion’s European art collection.\u003c/p>\n\u003cp>While the outlandish Central Coast home of William Randolph Hearst is a major source of revenue, its upkeep exceeds the income it generates through ticket sales and the cost of needed maintenance is as high as $60 million.\u003c/p>\n\u003cp>“We have to take a fresh and rigorous look at the system from top to bottom,” said Stuart Drown, former executive director of the commission, a state oversight agency. “We need a new business model and fresh thinking.”\u003c!--more-->\u003c/p>\n\u003cp>From the coast to the giant sequoias of the Sierra, the California parks system protects some of the most historic and breathtaking places in the world. For years, the department has allowed millions of dollars in maintenance problems to pile up as it struggled with shrinking budgets and a manager mindset unaccustomed to generating revenue or asking for help, the report said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The commission began looking at the state park system a year ago. After decades of decreasing funding, a $22 million cut at the time from its $779 million budget threatened the closure of a quarter of the 278 parks in the system. Officials were unable to explain how the parks were chosen or the cost of operating individual sites.\u003c/p>\n\u003cp>The revelations — plus the discovery last year of $54 million hidden from the governor and Legislature in two special funds — damaged the public’s faith in the park system, even as dozens of volunteer groups were scrambling to raise funds and form partnerships to keep them open.\u003c/p>\n\u003cp>“The old model is obsolete,” the report said.\u003c/p>\n\u003cp>\u003ca href=\"http://www.kqed.org/news/openspaces/\" rel=\"attachment wp-att-111261\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-full wp-image-111261\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/hdpublicplaces-mod.jpg\" alt=\"hdpublicplaces-mod\" width=\"200\" height=\"46\">\u003c/a>The commission is asking the governor and elected officials to give the parks department the tools, authority and flexibility required to develop a new operating model.\u003c/p>\n\u003cp>The commission’s report, “Beyond Crisis: Recapturing Excellence in California’s State Park System,” is an overview for fixing the problems that have led to the long decline.\u003c/p>\n\u003cp>Officials with the parks department say the report echoes changes that managers were recently authorized to implement by the Legislature.\u003c/p>\n\u003cp>“We are grateful for the positive nature of the report,” said parks spokesman Roy Stearns. “We are committed to an open and transparent process that identifies innovative approaches for managing our state parks system now and for future generations.”\u003c/p>\n\u003cp>The report says the state Department of Parks and Recreation needs more business-minded managers at the regional and local levels and must revamp its historic management tactics, including those focused primarily on promoting law enforcement rangers, if the system is going to survive.\u003c/p>\n\u003cp>“This will require adding job classifications that do not yet exist and removing obstacles to promotion so the department can benefit from a broad range of management perspectives,” commission Chairman Daniel W. Hancock wrote in an introductory letter.\u003c/p>\n\u003cp>The California League of Park Associations, which said it was consulted by the commission, agreed with many of the findings.\u003c/p>\n\u003cp>“The proposed changes may not be easy for all involved, but we realize that the system as it currently stands is not working,” the group said in a statement.\u003c/p>\n\u003cp>Some of the 70 threatened parks have temporary agreements with nonprofit groups that are keeping them open, but the deals will begin expiring next year — the 150th anniversary of Yosemite, the first state park. It was taken over by the federal government after Californians had plowed the valley and built livestock fences.\u003c/p>\n\u003cp>“We don’t have a lot of time,” Drown said. “We’ve blown it before. We had Yosemite and we lost it.”\u003c/p>\n\u003cp>The commission studied structures of park systems in other states and trends in management. The report recommends training for current employees to help them learn to think more creatively. It also recommends hiring people with business experience from outside of state government.\u003c/p>\n\u003cp>The report also suggests forging more equitable partnerships with nonprofit benefactors such as the arrangements that exist with the National Park Service at Redwood National Park, state parks in Northern California, and regional park districts in Sonoma and Napa counties.\u003c/p>\n\u003cp>The commission has faith in Anthony Jackson, a retired Marine Corps major general tapped by Gov. Jerry Brown late last year to turn around the beleaguered department. But state park managers, currently focused on preserving and protecting resources, must also learn to explore ways to generate revenue and to encourage visitors to come, the report says.\u003c/p>\n\u003cp>“Open the windows and let the fresh winds come in and blow the cobwebs away,” Drown said. “The opportunity is there with the new management group.”\u003c/p>\n\u003cp>Listen to the California Report’s \u003ca href=\"http://www.californiareport.org/archive/R201303290850/a\">interview with Stuart Drown\u003c/a>.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Beyond Crisis: Recapturing Excellence in California's State Park System on Scribd\" href=\"http://www.scribd.com/doc/132281990/Beyond-Crisis-Recapturing-Excellence-in-California-s-State-Park-System\">Beyond Crisis: Recapturing Excellence in California’s State Park System\u003c/a> by \u003ca title=\"View scprweb's profile on Scribd\" href=\"http://www.scribd.com/scprweb\">scprweb\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/132281990/content?start_page=1&view_mode=scroll&access_key=key-26ufbmxoxhclcgy5mi0g\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>You can call your city council member because your garbage didn't get picked up, or because your basement is flooding in a storm. But don't ask for help with your parking ticket, let alone a city job. You can get the council member in big trouble.\u003c/p>\n\u003cp>Such trouble emerged on Thursday when City Auditor Courtney Ruby issued a report accusing two council members of interfering in city contracts.\u003c/p>\n\u003cp>From Ruby's press release:\u003c/p>\n\u003cfigure id=\"attachment_46643\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/2011/11/09/oakland-city-councilmembers-shouted-down-by-protesters-at-press-conference/cropoccupyprssrreid_110911/\" rel=\"attachment wp-att-46643\">\u003cimg class=\"size-medium wp-image-46643 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/11/cropOccupyPrssrReid_110911-225x300.jpg\" alt=\"Reporters interview City Council Member Larry Reid\" width=\"225\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">City Council Member Larry Reid (Kelly Wilkinson/KQED)\u003c/figcaption>\u003c/figure>\n\u003cblockquote>\u003cp>Specifically, the audit found two Councilmembers directing staff to work with one contractor (Turner Group Construction) on the Oakland Army Base demolition and remediation contract worth approximately $2 million dollars. Other areas of interference included a Councilmember interfering in the operations of two recreation centers and threatening to have an employee removed from a project, as well as a Council Aide directing staff to fix the Aide’s parking tickets.\u003c/p>\n\u003cp>The audit confirmed interference at the Rainbow Teen Center by a Councilmember who selected\u003cbr>\ncontractors to provide services, as well as negotiated the agreements and established the\u003cbr>\ncontract terms for the City. Additionally, the Councilmember pressured staff to get a vendor paid immediately, set project deadlines, and hired nine individuals to work at the recreation center. Further, the individuals began working at the recreation center despite their lack of drug and criminal screening – requirements mandated prior to working with children and youth.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In a letter included with the report, Larry Reid, one of the council members in question, denies interfering in the Army Base \"or any other Development Project with in the City of Oakland.\"\u003c/p>\n\u003cblockquote>\u003cp>From my understanding, there was a contract that was awarded to a local firm that was then rescinded, and awarded to a firm that was not local nor considered to be minority owned or women owned. the concerns of many of us was to re-issue a new RFP so that all local firms could compete and that this would level the \"playing field\" for all locally owned firms. At no time did I direct staff to issue any RFP's for any one company located in Oakland, and for the record, this was a discussion that was to be considered for a new RFP process for all local firms.\u003c/p>\u003c/blockquote>\n\u003cp>No statement from the other councilmember, Desley Brooks, was included in the report, and she could not be reached for comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Interfering in city contracts is a misdemeanor violation of the city charter, Ruby notes in the report.\u003c/p>\n\u003cp>Here's the report:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Oakland City Auditor Report_130321 on Scribd\" href=\"http://www.scribd.com/doc/131863460/Oakland-City-Auditor-Report-130321\">Oakland City Auditor Report_130321\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/131863460/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"description": "You can call your city council member because your garbage didn't get picked up, or because your basement is flooding in a storm. But don't ask for help with your parking ticket, let alone a city job. You can get the council member in big trouble. Such trouble emerged on Thursday when City Auditor Courtney",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>You can call your city council member because your garbage didn't get picked up, or because your basement is flooding in a storm. But don't ask for help with your parking ticket, let alone a city job. You can get the council member in big trouble.\u003c/p>\n\u003cp>Such trouble emerged on Thursday when City Auditor Courtney Ruby issued a report accusing two council members of interfering in city contracts.\u003c/p>\n\u003cp>From Ruby's press release:\u003c/p>\n\u003cfigure id=\"attachment_46643\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/2011/11/09/oakland-city-councilmembers-shouted-down-by-protesters-at-press-conference/cropoccupyprssrreid_110911/\" rel=\"attachment wp-att-46643\">\u003cimg class=\"size-medium wp-image-46643 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/11/cropOccupyPrssrReid_110911-225x300.jpg\" alt=\"Reporters interview City Council Member Larry Reid\" width=\"225\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">City Council Member Larry Reid (Kelly Wilkinson/KQED)\u003c/figcaption>\u003c/figure>\n\u003cblockquote>\u003cp>Specifically, the audit found two Councilmembers directing staff to work with one contractor (Turner Group Construction) on the Oakland Army Base demolition and remediation contract worth approximately $2 million dollars. Other areas of interference included a Councilmember interfering in the operations of two recreation centers and threatening to have an employee removed from a project, as well as a Council Aide directing staff to fix the Aide’s parking tickets.\u003c/p>\n\u003cp>The audit confirmed interference at the Rainbow Teen Center by a Councilmember who selected\u003cbr>\ncontractors to provide services, as well as negotiated the agreements and established the\u003cbr>\ncontract terms for the City. Additionally, the Councilmember pressured staff to get a vendor paid immediately, set project deadlines, and hired nine individuals to work at the recreation center. Further, the individuals began working at the recreation center despite their lack of drug and criminal screening – requirements mandated prior to working with children and youth.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In a letter included with the report, Larry Reid, one of the council members in question, denies interfering in the Army Base \"or any other Development Project with in the City of Oakland.\"\u003c/p>\n\u003cblockquote>\u003cp>From my understanding, there was a contract that was awarded to a local firm that was then rescinded, and awarded to a firm that was not local nor considered to be minority owned or women owned. the concerns of many of us was to re-issue a new RFP so that all local firms could compete and that this would level the \"playing field\" for all locally owned firms. At no time did I direct staff to issue any RFP's for any one company located in Oakland, and for the record, this was a discussion that was to be considered for a new RFP process for all local firms.\u003c/p>\u003c/blockquote>\n\u003cp>No statement from the other councilmember, Desley Brooks, was included in the report, and she could not be reached for comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Interfering in city contracts is a misdemeanor violation of the city charter, Ruby notes in the report.\u003c/p>\n\u003cp>Here's the report:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Oakland City Auditor Report_130321 on Scribd\" href=\"http://www.scribd.com/doc/131863460/Oakland-City-Auditor-Report-130321\">Oakland City Auditor Report_130321\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/131863460/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Stockton Is Broke - But Is It Bankrupt?",
"title": "Stockton Is Broke - But Is It Bankrupt?",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Stockton, California, lays claim to a lot of undesirable superlatives: it’s America’s foreclosure capital, \u003ca href=\"http://www.forbes.com/pictures/mli45hdlg/11-stockton-calif/\">an annual contender on the Forbes “Most Miserable” list\u003c/a>, and the United States’ largest bankrupt city.\u003c/p>\n\u003cfigure id=\"attachment_92020\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/?attachment_id=92020\" rel=\"attachment wp-att-92020\">\u003cimg class=\"size-medium wp-image-92020\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/Stockton_skyline-300x200.jpeg\" alt=\"Stockton built its downtown up on borrowed money\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stockton built its downtown up on borrowed money\u003c/figcaption>\u003c/figure>\n\u003cp>But the city might lose that last claim, depending on the outcome of a federal court hearing scheduled to begin Monday. Stockton would still be broke if a judge rules against it. It just wouldn’t be officially bankrupt. A group of bond insurers is arguing Stockton didn’t do everything it could to balance its books before declaring for Chapter 9 protection last June. Therefore, they say, it violated state bankruptcy laws. The insurers want the city to raise taxes and cut pension payments, among other steps.\u003c/p>\n\u003cp>How the federal judge rules – and how the city pays off the hundreds of millions of dollars it owes – will provide clues for how other financially stressed municipalities across California and the country will deal with pensions and employee benefit programs they can no longer afford.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>How Stockton Got Here\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When you visit Stockton, it isn’t always obvious you’re in America’s largest bankrupt city. The city of 300,000 boasts a gleaming riverside arena and baseball stadium. Last weekend, fans decked out in St. Patrick’s Day outfits streamed into the downtown entertainment complex to watch the Stockton Thunder hockey team take on the Bakersfield Condors.\u003c/p>\n\u003cfigure id=\"attachment_92021\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/?attachment_id=92021\" rel=\"attachment wp-att-92021\">\u003cimg class=\"size-medium wp-image-92021\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/stockton_library-300x204.jpg\" alt=\"Stockton closed its Fair Oaks library branch in 2010, to save money\" width=\"300\" height=\"204\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stockton closed its Fair Oaks library branch in 2010, to save money\u003c/figcaption>\u003c/figure>\n\u003cp>Drive a couple of miles from downtown, though, and it’s a different picture. The Fair Oaks Public Library sits abandoned and forgotten. Its doors are boarded up, its signs are whited out, and neighbors say its parking lot attracts homeless people at night.\u003c/p>\n\u003cp>The city closed Fair Oaks Public Library in 2010. The closure has more in common with the downtown hockey arena than you might think.\u003c/p>\n\u003cp>Things were going pretty well for Stockton in the early 2000s. Revenue was up after a decade-long slump, and property values were exploding. Median home values jumped from around $100,000 to more than $400,000. It felt like a renaissance, so the city borrowed more than $100 million to build the arena, the adjoining baseball stadium, and a brand new waterfront.\u003c/p>\n\u003cp>“They were all excellent projects,” said City Councilwoman Kathy Miller, “but it was a huge amount of debt. “\u003c/p>\n\u003cp>The borrowing – along with employee benefits that grew more generous by the year – put Stockton on the hook for a lot of money.\u003c/p>\n\u003cp>And then the bottom fell out.\u003c/p>\n\u003cp>“The recession hit and revenue plummeted,” said Miller. “We went from a high of about $205 million to, last year, around $155 million. So no matter how you slice it that is a huge reduction.”\u003c/p>\n\u003cp>Stockton's leaders slashed and slashed, cutting $90 million from the budget between 2010 and 2012.They reduced employee pay and benefits. They shuttered the Fair Oaks Library, and cut hours at other library locations. City officials cut the police department’s staff by a quarter, and laid off more than 30 fire fighters.\u003c/p>\n\u003cp>But last year, Stockton still faced a $26 million dollar deficit. So it declared bankruptcy, becoming the largest American city to do so.\u003c/p>\n\u003cp>\u003cstrong>“You Expect That To Hold Water”\u003c/strong>\u003c/p>\n\u003cp>Stockton’s decision attracted international attention. Al Seibel worked for Stockton for 33 years, maintaining the city's parks and golf courses. One recent morning, he searched his shelves for a DVD as he talked to a reporter about the city’s bankruptcy. He was looking for the recording of his recent interview with a French television station. Seibel has also talked to journalists from Belgium, Japan and Switzerland.\u003c/p>\n\u003cp>The international press wants to talk to Seibel because he’s one of more than 1,000 Stockton retirees who suddenly lost their health insurance when the city declared bankruptcy.\u003c/p>\n\u003cp>In the 1990s, Stockton started offering lifetime health care benefits to city employees as part of a bargaining strategy aimed at keeping salary increases down. But Stockton never set aside the money required to properly fund the health care program. When the recession hit, it couldn’t afford the plan, and the city council voted to eliminate it.\u003c/p>\n\u003cp>“If we were to properly fund the program and make it available to everyone, we need to immediately set aside 30 percent of our payroll now and into the next 30 years,” read city manager Bob Deis’ letter to Stockton retirees.\u003c/p>\n\u003cp>The city allowed retirees to stay on its plan for another year, at a much higher rate. So Seibel had two options: pay a monthly premium of more than $1,100, for health care, or go without insurance. At age 61, Seibel is still years away from receiving health coverage through Medicare.\u003c/p>\n\u003cp>“I only get $2,100 a month [in pension payments],” said Seibel, who has heart and ulcer problems. “By the time I’d pay that insurance and my mortgage I’d have nothing left. It really wasn’t a choice. It was forced on me.”\u003c/p>\n\u003cp>The decision left Seibel and other retirees outraged and unprepared. Mark Anderson, who worked for the Stockton police department for 22 years, said his health care plan now boils down to “hoping we’re OK.” His wife Joni recently fell down the stairs.\u003c/p>\n\u003cp>“Luckily all I ended up with was some bruising,\" she said. \"If I would have required surgery or something without having medical care, it would have killed us. Financially we would have lost everything.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">“If I had known 20 years before I retired, 'OK, I’m not going to have medical,' I would have started an account putting money away.”\u003c/aside>\n\u003cp>“When you’re given something in a written contact that you’ve worked for 33 years, you expect that to hold water,” said Seibel. “If I had known 20 years before I retired, 'OK, I’m not going to have medical,' I would have started an account putting money away.”\u003c/p>\n\u003cp>Stockton’s city manager and mayor both turned down repeated requests for interviews. Councilwoman Kathy Miller voted to eliminate the retiree health care. She says the city didn’t have any other option.\u003c/p>\n\u003cp>“I think that, more than any other decision, was the toughest for the council to make,\" she said. \"That was a budget expense that was going to go from $9 million to $14 million in 12 months and just grew exponentially.”\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>\u003cstrong>A Court Challenge\u003c/strong>\u003c/p>\n\u003cp>Stockton justified eliminating retirees’ health care by saying it was the only way to protect pension payments, which weren't cut. But the insurance companies that are holding the bag on the hundreds of millions of dollars that Stockton owes in bond payments are now challenging the city’s decision to keep pensions intact. In a federal court filing, the insurers claim that before the city filed for Chapter 9 protection, it should have cut pension payments and raised taxes.\u003c/p>\n\u003cp>Their argument boils down to this: the state’s public employee retirement system, CalPERS, is Stockton’s largest creditor. By refusing to negotiate reduced payments into the retirement system, Stockton is negotiating in bad faith with its other creditors.\u003c/p>\n\u003cp>“What the bond insurers want to say is you can't do anything to us unless you're making cuts everywhere you can,” explained University of Pennsylvania Law School professor David Skeel, a bankruptcy expert. “And the elephant in the room is Stockton's pensions, which they have suggested they're not going to cut.”\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>Stockton pays into three CalPERS-administered pension plans. These obligations totaled a bit less than $24 million in 2011, \u003ca href=\"http://www.stocktongov.com/files/2011_CAFR.pdf\">the last year a full financial report is available for the city\u003c/a>. Stockton and CalPERS’ legal response to the creditors’ argument: CalPERS acts as a trustee, not a creditor, and the city has a legal obligation dictated by “a well-developed, substantial body of state law” to continue its payments.\u003c/p>\n\u003cp>The bond insurers are using the dispute to challenge Stockton’s eligibility for bankruptcy. Skeel doesn’t expect the argument to prevail at next week’s hearing, but thinks the insurers may be able to force the city to cut pension payments during later negotiations. Skeel said the insurers are pressing the issue hard, because they're worried about the growing number of cities going broke.\u003c/p>\n\u003cp>“If you're a bond insurer,\" said Skeel, \"you say, ‘Oh my, I didn't think this could happen. It's happening in a significantly-sized city -- Stockton; it could happen almost everywhere.’”\u003c/p>\n\u003cp>And if a federal judge ultimately rules cities can scale back pension benefits for retirees – a move legally prohibited for decades – other financially troubled cities may take similar steps.\u003c/p>\n\u003cp>Skeel said local governments across the country should “take note as carefully as they can” while Stockton sorts through the major issues at the heart of its problems, and looks for solutions.\u003c/p>\n\u003cp>“When is it OK to go back on promises that you made to these employees?\" mused Skeel. \"What limitations ought there be on that? Who should be held responsible and how widely should the sacrifice be shared? These are big questions, I think.”\u003c/p>\n\u003cp>In the meantime, Stockton continues to negotiate with its numerous creditors.\u003ca href=\"http://www.stocktongov.com/files/News_2013_2_26_CityAmbacAgreement.pdf\"> It agreed on a $22 million repayment plan with a bond insurer last month\u003c/a>, and people involved in talks say an agreement on a more limited retiree health care plan isn’t out of the realm of possibility.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“At the end of the day nobody’s going to be happy,” said former City Manager Dwane Milnes, who has represented retirees in negotiations. “You just hope they’re all equally unhappy. I think that really is the best outcome.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Stockton, California, lays claim to a lot of undesirable superlatives: it’s America’s foreclosure capital, \u003ca href=\"http://www.forbes.com/pictures/mli45hdlg/11-stockton-calif/\">an annual contender on the Forbes “Most Miserable” list\u003c/a>, and the United States’ largest bankrupt city.\u003c/p>\n\u003cfigure id=\"attachment_92020\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/?attachment_id=92020\" rel=\"attachment wp-att-92020\">\u003cimg class=\"size-medium wp-image-92020\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/Stockton_skyline-300x200.jpeg\" alt=\"Stockton built its downtown up on borrowed money\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stockton built its downtown up on borrowed money\u003c/figcaption>\u003c/figure>\n\u003cp>But the city might lose that last claim, depending on the outcome of a federal court hearing scheduled to begin Monday. Stockton would still be broke if a judge rules against it. It just wouldn’t be officially bankrupt. A group of bond insurers is arguing Stockton didn’t do everything it could to balance its books before declaring for Chapter 9 protection last June. Therefore, they say, it violated state bankruptcy laws. The insurers want the city to raise taxes and cut pension payments, among other steps.\u003c/p>\n\u003cp>How the federal judge rules – and how the city pays off the hundreds of millions of dollars it owes – will provide clues for how other financially stressed municipalities across California and the country will deal with pensions and employee benefit programs they can no longer afford.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>How Stockton Got Here\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When you visit Stockton, it isn’t always obvious you’re in America’s largest bankrupt city. The city of 300,000 boasts a gleaming riverside arena and baseball stadium. Last weekend, fans decked out in St. Patrick’s Day outfits streamed into the downtown entertainment complex to watch the Stockton Thunder hockey team take on the Bakersfield Condors.\u003c/p>\n\u003cfigure id=\"attachment_92021\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/?attachment_id=92021\" rel=\"attachment wp-att-92021\">\u003cimg class=\"size-medium wp-image-92021\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/stockton_library-300x204.jpg\" alt=\"Stockton closed its Fair Oaks library branch in 2010, to save money\" width=\"300\" height=\"204\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stockton closed its Fair Oaks library branch in 2010, to save money\u003c/figcaption>\u003c/figure>\n\u003cp>Drive a couple of miles from downtown, though, and it’s a different picture. The Fair Oaks Public Library sits abandoned and forgotten. Its doors are boarded up, its signs are whited out, and neighbors say its parking lot attracts homeless people at night.\u003c/p>\n\u003cp>The city closed Fair Oaks Public Library in 2010. The closure has more in common with the downtown hockey arena than you might think.\u003c/p>\n\u003cp>Things were going pretty well for Stockton in the early 2000s. Revenue was up after a decade-long slump, and property values were exploding. Median home values jumped from around $100,000 to more than $400,000. It felt like a renaissance, so the city borrowed more than $100 million to build the arena, the adjoining baseball stadium, and a brand new waterfront.\u003c/p>\n\u003cp>“They were all excellent projects,” said City Councilwoman Kathy Miller, “but it was a huge amount of debt. “\u003c/p>\n\u003cp>The borrowing – along with employee benefits that grew more generous by the year – put Stockton on the hook for a lot of money.\u003c/p>\n\u003cp>And then the bottom fell out.\u003c/p>\n\u003cp>“The recession hit and revenue plummeted,” said Miller. “We went from a high of about $205 million to, last year, around $155 million. So no matter how you slice it that is a huge reduction.”\u003c/p>\n\u003cp>Stockton's leaders slashed and slashed, cutting $90 million from the budget between 2010 and 2012.They reduced employee pay and benefits. They shuttered the Fair Oaks Library, and cut hours at other library locations. City officials cut the police department’s staff by a quarter, and laid off more than 30 fire fighters.\u003c/p>\n\u003cp>But last year, Stockton still faced a $26 million dollar deficit. So it declared bankruptcy, becoming the largest American city to do so.\u003c/p>\n\u003cp>\u003cstrong>“You Expect That To Hold Water”\u003c/strong>\u003c/p>\n\u003cp>Stockton’s decision attracted international attention. Al Seibel worked for Stockton for 33 years, maintaining the city's parks and golf courses. One recent morning, he searched his shelves for a DVD as he talked to a reporter about the city’s bankruptcy. He was looking for the recording of his recent interview with a French television station. Seibel has also talked to journalists from Belgium, Japan and Switzerland.\u003c/p>\n\u003cp>The international press wants to talk to Seibel because he’s one of more than 1,000 Stockton retirees who suddenly lost their health insurance when the city declared bankruptcy.\u003c/p>\n\u003cp>In the 1990s, Stockton started offering lifetime health care benefits to city employees as part of a bargaining strategy aimed at keeping salary increases down. But Stockton never set aside the money required to properly fund the health care program. When the recession hit, it couldn’t afford the plan, and the city council voted to eliminate it.\u003c/p>\n\u003cp>“If we were to properly fund the program and make it available to everyone, we need to immediately set aside 30 percent of our payroll now and into the next 30 years,” read city manager Bob Deis’ letter to Stockton retirees.\u003c/p>\n\u003cp>The city allowed retirees to stay on its plan for another year, at a much higher rate. So Seibel had two options: pay a monthly premium of more than $1,100, for health care, or go without insurance. At age 61, Seibel is still years away from receiving health coverage through Medicare.\u003c/p>\n\u003cp>“I only get $2,100 a month [in pension payments],” said Seibel, who has heart and ulcer problems. “By the time I’d pay that insurance and my mortgage I’d have nothing left. It really wasn’t a choice. It was forced on me.”\u003c/p>\n\u003cp>The decision left Seibel and other retirees outraged and unprepared. Mark Anderson, who worked for the Stockton police department for 22 years, said his health care plan now boils down to “hoping we’re OK.” His wife Joni recently fell down the stairs.\u003c/p>\n\u003cp>“Luckily all I ended up with was some bruising,\" she said. \"If I would have required surgery or something without having medical care, it would have killed us. Financially we would have lost everything.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">“If I had known 20 years before I retired, 'OK, I’m not going to have medical,' I would have started an account putting money away.”\u003c/aside>\n\u003cp>“When you’re given something in a written contact that you’ve worked for 33 years, you expect that to hold water,” said Seibel. “If I had known 20 years before I retired, 'OK, I’m not going to have medical,' I would have started an account putting money away.”\u003c/p>\n\u003cp>Stockton’s city manager and mayor both turned down repeated requests for interviews. Councilwoman Kathy Miller voted to eliminate the retiree health care. She says the city didn’t have any other option.\u003c/p>\n\u003cp>“I think that, more than any other decision, was the toughest for the council to make,\" she said. \"That was a budget expense that was going to go from $9 million to $14 million in 12 months and just grew exponentially.”\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>\u003cstrong>A Court Challenge\u003c/strong>\u003c/p>\n\u003cp>Stockton justified eliminating retirees’ health care by saying it was the only way to protect pension payments, which weren't cut. But the insurance companies that are holding the bag on the hundreds of millions of dollars that Stockton owes in bond payments are now challenging the city’s decision to keep pensions intact. In a federal court filing, the insurers claim that before the city filed for Chapter 9 protection, it should have cut pension payments and raised taxes.\u003c/p>\n\u003cp>Their argument boils down to this: the state’s public employee retirement system, CalPERS, is Stockton’s largest creditor. By refusing to negotiate reduced payments into the retirement system, Stockton is negotiating in bad faith with its other creditors.\u003c/p>\n\u003cp>“What the bond insurers want to say is you can't do anything to us unless you're making cuts everywhere you can,” explained University of Pennsylvania Law School professor David Skeel, a bankruptcy expert. “And the elephant in the room is Stockton's pensions, which they have suggested they're not going to cut.”\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>Stockton pays into three CalPERS-administered pension plans. These obligations totaled a bit less than $24 million in 2011, \u003ca href=\"http://www.stocktongov.com/files/2011_CAFR.pdf\">the last year a full financial report is available for the city\u003c/a>. Stockton and CalPERS’ legal response to the creditors’ argument: CalPERS acts as a trustee, not a creditor, and the city has a legal obligation dictated by “a well-developed, substantial body of state law” to continue its payments.\u003c/p>\n\u003cp>The bond insurers are using the dispute to challenge Stockton’s eligibility for bankruptcy. Skeel doesn’t expect the argument to prevail at next week’s hearing, but thinks the insurers may be able to force the city to cut pension payments during later negotiations. Skeel said the insurers are pressing the issue hard, because they're worried about the growing number of cities going broke.\u003c/p>\n\u003cp>“If you're a bond insurer,\" said Skeel, \"you say, ‘Oh my, I didn't think this could happen. It's happening in a significantly-sized city -- Stockton; it could happen almost everywhere.’”\u003c/p>\n\u003cp>And if a federal judge ultimately rules cities can scale back pension benefits for retirees – a move legally prohibited for decades – other financially troubled cities may take similar steps.\u003c/p>\n\u003cp>Skeel said local governments across the country should “take note as carefully as they can” while Stockton sorts through the major issues at the heart of its problems, and looks for solutions.\u003c/p>\n\u003cp>“When is it OK to go back on promises that you made to these employees?\" mused Skeel. \"What limitations ought there be on that? Who should be held responsible and how widely should the sacrifice be shared? These are big questions, I think.”\u003c/p>\n\u003cp>In the meantime, Stockton continues to negotiate with its numerous creditors.\u003ca href=\"http://www.stocktongov.com/files/News_2013_2_26_CityAmbacAgreement.pdf\"> It agreed on a $22 million repayment plan with a bond insurer last month\u003c/a>, and people involved in talks say an agreement on a more limited retiree health care plan isn’t out of the realm of possibility.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“At the end of the day nobody’s going to be happy,” said former City Manager Dwane Milnes, who has represented retirees in negotiations. “You just hope they’re all equally unhappy. I think that really is the best outcome.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Prop. 8: How We Got Here (Video)",
"title": "Prop. 8: How We Got Here (Video)",
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"content": "\u003cp>You might say the long journey of Proposition 8 began May 15, 2008, when a ruling came down from the California Supreme Court declaring that gay and lesbian couples had a legal right to get married.\u003c/p>\n\u003cfigure id=\"attachment_92119\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/proposition-8-how-we-got-here/gay-marriages-begin-in-bay-area/\" rel=\"attachment wp-att-92119\">\u003cimg class=\"size-medium wp-image-92119 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS2614_81594706-300x203.jpg\" alt=\" San Francisco mayor Gavin Newsom (R) marries same-sex couple Del Martin (R) and Phyllis Lyon (L) during a private ceremony at San Francisco City Hall June 16, 2008. (Marcio Jose Sanchez-Pool/Getty Images)\" width=\"300\" height=\"203\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco mayor Gavin Newsom (R) marries same-sex couple Del Martin (R) and Phyllis Lyon (L) during a private ceremony at San Francisco City Hall June 16, 2008. (Marcio Jose Sanchez-Pool/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Mayor Gavin Newsom celebrated at City Hall with a crowd of thrilled San Franciscans, “This door’s wide open now. It’s gonna happen whether you like it or not. This is the future, and it’s now.”\u003c/p>\n\u003cp>It was a historic ruling, but not a done deal.\u003c/p>\n\u003cp>The ruling infuriated supporters of traditional marriage, including Randy Thomasson, with \u003ca href=\"http://protectmarriage.com/\" target=\"_blank\">Protect Marriage\u003c/a>.\u003c/p>\n\u003cp>“It will spur Californians to go to the polls to override the judges and protect marriage licenses for one man and one woman in the California constitution,” Thomasson said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Two weeks later Protect Marriage had submitted more than a million signatures for a ballot measure, Proposition 8, to do just that.\u003c/p>\n\u003cp>\u003cstrong>Race to the Polls\u003c/strong>\u003c/p>\n\u003cp>For the months leading up to the November election, same-sex couples rushed to get marriage licenses. Tens of thousands of gay and lesbian couples were legally married in California before Prop. 8 hit the polls in November.\u003c/p>\n\u003cp>At the same time Proposition 8 proponents organized and \u003ca href=\"http://www.californiareport.org/archive/R810070850/b\" target=\"_blank\">fundraised\u003c/a>.\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cfigure id=\"attachment_92120\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/proposition-8-how-we-got-here/anti-gay-marriage-ballot-initiative-sparks-activism-on-both-sides/\" rel=\"attachment wp-att-92120\">\u003cimg class=\"size-medium wp-image-92120 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS3698_83424955-300x200.jpg\" alt=\"Supporters of Proposition 8 rally during a 'Yes on 8 bus tour' stop at St. Frances X Cabrini Church on October 24, 2008 in Los Angeles, California. ( David McNew/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supporters of Proposition 8 rally during a 'Yes on 8 bus tour' stop at St. Frances X Cabrini Church on October 24, 2008 in Los Angeles, California. ( David McNew/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Less than a month before Election Day, the Calvary Christian Center sponsored an event that got thousands of people on the lawn of the State Capitol in Sacramento.\u003c/p>\n\u003cp>“This is not about a civil rights issue,” said Reverend Philip Goudeaux to the crowd. “It’s a moral issue. It’s about right and wrong.”\u003c/p>\n\u003cp>Proponents of Prop. 8 spent more than $80 million dollars and aired campaigns targeted at scaring parents on the consequences for their children if Prop. 8 failed.\u003c/p>\n\u003cp>On election night, opponents of gay marriage claimed a narrow victory, 52 to 48 percent.\u003c/p>\n\u003cp>\u003cstrong>Into the Federal Courts\u003c/strong>\u003c/p>\n\u003cp>But the fight didn't end there. Same-sex marriage supporters immediately asked the California Supreme Court to overturn Prop. 8. But, in 2009, the court upheld the measure.\u003c/p>\n\u003cp>The ruling was the end of the road in state court, but it marked the beginning of a new journey through federal court. A male couple from Los Angeles and two lesbians from Berkeley filed a lawsuit against the measure in federal district court.\u003c/p>\n\u003cp>“We’re not asking to be tolerated or accepted. What we’re asking for is a basic civil right,” said Paul Katami, one of the plaintiffs.\u003c/p>\n\u003cp>Two high profile attorneys led the legal team for their case. Theodore Olson, a conservative stalwart, jointed the tean saying: “The case we filed is not about liberal or conservative, Democrat or Republican. This case is about the equal rights guaranteed to every American under the United States Constitution.”\u003c/p>\n\u003cp>The battle continued in August of 2010, following a two-week trial in San Francisco, federal Judge Vaughn Walker issues a sweeping decision declaring Prop. 8 unconstitutional. He wrote that preventing gay and lesbian marriages violated equal protection under the law guaranteed by the U.S. Constitution.\u003c/p>\n\u003cp>The case then went to the 9th Circuit Court of Appeals, where opponents asked for Judge Walker’s decision to be overturned. That didn’t happen. A three-judge panel \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\" target=\"_blank\">voted 2-1 to uphold it\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Heading to the Supreme Court\u003c/strong>\u003c/p>\n\u003cp>Which brings us to Tuesday, when the Supreme Court will hear oral arguments about the case.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\" target=\"_blank\">recent poll\u003c/a> shows that California voters feel differently now than they did in 2008, by a wide margin, most say that they support same sex marriage.\u003c/p>\n\u003cp>People on both sides of this historic case will be paying close attention on Tuesday, for a chance to witness history. The justices will issue their decision later this year.\u003c/p>\n\u003cp>\u003cstrong>Video\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Watch the clip from KQED's \"\u003ca href=\"http://www.kqed.org/tv/programs/thisweek/watch/archive/266864/a\">This Week in Northern California\u003c/a>\" explaining how we got here.\u003cbr>\n[youtube http://www.youtube.com/watch?v=scZUPDsj8Oc]\u003c/p>\n\n",
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"excerpt": "You might say the long journey of Proposition 8 began May 15, 2008, when a ruling came down from the California Supreme Court declaring that gay and lesbian couples had a legal right to get married.\r\n\r\n\u003ca href=\"http://ww2.kqed.org/news/?attachment_id=92119\" rel=\"attachment wp-att-92119\">\u003cimg class=\"size-medium wp-image-92119 \" src=\"http://ww2.kqed.org/news/files/2013/03/RS2614_81594706-300x203.jpg\" alt=\" San Francisco mayor Gavin Newsom (R) marries same-sex couple Del Martin (R) and Phyllis Lyon (L) during a private ceremony at San Francisco City Hall June 16, 2008. (Marcio Jose Sanchez-Pool/Getty Images)\" width=\"300\" height=\"203\" style=\"padding: 10px 10px 10px 10px\" align=\"left\" />\u003c/a> \r\n\r\nMayor Gavin Newsom celebrated at City Hall with a crowd of thrilled San Franciscans, “This door’s wide open now. It’s gonna happen whether you like it or not. This is the future, and it’s now.”\r\n\r\nIt was a historic ruling, but not a done deal.\r\n\r\nThe ruling infuriated supporters of traditional marriage, including Randy Thomasson, with \u003ca href=\"http://protectmarriage.com/\" target=\"_blank\">Protect Marriage\u003c/a>.\r\n\r\n“It will spur Californians to go to the polls to override the judges and protect marriage licenses for one man and one woman in the California constitution,” Thomasson said.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>You might say the long journey of Proposition 8 began May 15, 2008, when a ruling came down from the California Supreme Court declaring that gay and lesbian couples had a legal right to get married.\u003c/p>\n\u003cfigure id=\"attachment_92119\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/proposition-8-how-we-got-here/gay-marriages-begin-in-bay-area/\" rel=\"attachment wp-att-92119\">\u003cimg class=\"size-medium wp-image-92119 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS2614_81594706-300x203.jpg\" alt=\" San Francisco mayor Gavin Newsom (R) marries same-sex couple Del Martin (R) and Phyllis Lyon (L) during a private ceremony at San Francisco City Hall June 16, 2008. (Marcio Jose Sanchez-Pool/Getty Images)\" width=\"300\" height=\"203\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco mayor Gavin Newsom (R) marries same-sex couple Del Martin (R) and Phyllis Lyon (L) during a private ceremony at San Francisco City Hall June 16, 2008. (Marcio Jose Sanchez-Pool/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Mayor Gavin Newsom celebrated at City Hall with a crowd of thrilled San Franciscans, “This door’s wide open now. It’s gonna happen whether you like it or not. This is the future, and it’s now.”\u003c/p>\n\u003cp>It was a historic ruling, but not a done deal.\u003c/p>\n\u003cp>The ruling infuriated supporters of traditional marriage, including Randy Thomasson, with \u003ca href=\"http://protectmarriage.com/\" target=\"_blank\">Protect Marriage\u003c/a>.\u003c/p>\n\u003cp>“It will spur Californians to go to the polls to override the judges and protect marriage licenses for one man and one woman in the California constitution,” Thomasson said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Two weeks later Protect Marriage had submitted more than a million signatures for a ballot measure, Proposition 8, to do just that.\u003c/p>\n\u003cp>\u003cstrong>Race to the Polls\u003c/strong>\u003c/p>\n\u003cp>For the months leading up to the November election, same-sex couples rushed to get marriage licenses. Tens of thousands of gay and lesbian couples were legally married in California before Prop. 8 hit the polls in November.\u003c/p>\n\u003cp>At the same time Proposition 8 proponents organized and \u003ca href=\"http://www.californiareport.org/archive/R810070850/b\" target=\"_blank\">fundraised\u003c/a>.\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cfigure id=\"attachment_92120\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/proposition-8-how-we-got-here/anti-gay-marriage-ballot-initiative-sparks-activism-on-both-sides/\" rel=\"attachment wp-att-92120\">\u003cimg class=\"size-medium wp-image-92120 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS3698_83424955-300x200.jpg\" alt=\"Supporters of Proposition 8 rally during a 'Yes on 8 bus tour' stop at St. Frances X Cabrini Church on October 24, 2008 in Los Angeles, California. ( David McNew/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supporters of Proposition 8 rally during a 'Yes on 8 bus tour' stop at St. Frances X Cabrini Church on October 24, 2008 in Los Angeles, California. ( David McNew/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Less than a month before Election Day, the Calvary Christian Center sponsored an event that got thousands of people on the lawn of the State Capitol in Sacramento.\u003c/p>\n\u003cp>“This is not about a civil rights issue,” said Reverend Philip Goudeaux to the crowd. “It’s a moral issue. It’s about right and wrong.”\u003c/p>\n\u003cp>Proponents of Prop. 8 spent more than $80 million dollars and aired campaigns targeted at scaring parents on the consequences for their children if Prop. 8 failed.\u003c/p>\n\u003cp>On election night, opponents of gay marriage claimed a narrow victory, 52 to 48 percent.\u003c/p>\n\u003cp>\u003cstrong>Into the Federal Courts\u003c/strong>\u003c/p>\n\u003cp>But the fight didn't end there. Same-sex marriage supporters immediately asked the California Supreme Court to overturn Prop. 8. But, in 2009, the court upheld the measure.\u003c/p>\n\u003cp>The ruling was the end of the road in state court, but it marked the beginning of a new journey through federal court. A male couple from Los Angeles and two lesbians from Berkeley filed a lawsuit against the measure in federal district court.\u003c/p>\n\u003cp>“We’re not asking to be tolerated or accepted. What we’re asking for is a basic civil right,” said Paul Katami, one of the plaintiffs.\u003c/p>\n\u003cp>Two high profile attorneys led the legal team for their case. Theodore Olson, a conservative stalwart, jointed the tean saying: “The case we filed is not about liberal or conservative, Democrat or Republican. This case is about the equal rights guaranteed to every American under the United States Constitution.”\u003c/p>\n\u003cp>The battle continued in August of 2010, following a two-week trial in San Francisco, federal Judge Vaughn Walker issues a sweeping decision declaring Prop. 8 unconstitutional. He wrote that preventing gay and lesbian marriages violated equal protection under the law guaranteed by the U.S. Constitution.\u003c/p>\n\u003cp>The case then went to the 9th Circuit Court of Appeals, where opponents asked for Judge Walker’s decision to be overturned. That didn’t happen. A three-judge panel \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\" target=\"_blank\">voted 2-1 to uphold it\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Heading to the Supreme Court\u003c/strong>\u003c/p>\n\u003cp>Which brings us to Tuesday, when the Supreme Court will hear oral arguments about the case.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\" target=\"_blank\">recent poll\u003c/a> shows that California voters feel differently now than they did in 2008, by a wide margin, most say that they support same sex marriage.\u003c/p>\n\u003cp>People on both sides of this historic case will be paying close attention on Tuesday, for a chance to witness history. The justices will issue their decision later this year.\u003c/p>\n\u003cp>\u003cstrong>Video\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Watch the clip from KQED's \"\u003ca href=\"http://www.kqed.org/tv/programs/thisweek/watch/archive/266864/a\">This Week in Northern California\u003c/a>\" explaining how we got here.\u003cbr>\n\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/scZUPDsj8Oc'\n title='//www.youtube.com/embed/scZUPDsj8Oc'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Tech Companies' Push to Expand Skilled Worker Visas Rankles Critics",
"title": "Tech Companies' Push to Expand Skilled Worker Visas Rankles Critics",
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"content": "\u003cp>\u003cem>by Sam Harnett\u003c/em>\u003c/p>\n\u003cp>Technology companies in California say they can't find enough U.S. programmers to fill jobs. So they're pushing hard for I-Squared, the Immigration Innovation Act, in the U.S. Senate that could more than triple the number of visas for high-skilled foreign workers from 85,000 a year to as many as 300,000. But some in the industry fear expanding the visa program would allow companies to replace more American workers with foreigners like Kriti Bajaj.\u003c/p>\n\u003cfigure id=\"attachment_92135\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/tech-companies-push-to-expand-skilled-worker-visas-rankles-critics/harnett-h-1b-reform-photo/\" rel=\"attachment wp-att-92135\">\u003cimg class=\"size-medium wp-image-92135\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/Harnett-H-1B-Reform-photo-300x225.jpeg\" alt=\"Kriti Bajaj hopes to get hired on an H-1B visa after attending App Academy, an intensive coding course. (Sam Harnett/KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kriti Bajaj hopes to get hired on an H-1B visa after attending App Academy, an intensive coding course. (Sam Harnett/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Bajaj graduated from Stanford University with a degree in biology. Originally from India, she decided to head home after finishing school and pursue a PhD. But Bajaj soon realized she'd made a big mistake. Academia just wasn't for her.\u003c/p>\n\u003cp>“There were too many unknowns,” she said, “Nothing was working. I was in this dark little cell in the middle of nowhere.”\u003c/p>\n\u003cp>Bajaj decided to return to the Bay Area and try to restart her life as a computer programmer. She came back on a tourist visa, which meant that she had just 90 days to learn how to program and get hired as a web developer. That led her to App Academy -- one of many new, intensive coding camps that teaches web development from scratch. The course is nine-weeks long, just right for Bajaj.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bajaj hopes the skills she’s learning at App Academy will help her get hired on an H-1B, the visa for skilled foreign workers. But she’s fighting the clock: the visas start getting allotted on April 1st and they can run out fast. If Bajaj doesn’t get a job offer before then she’ll have to return to India and wait another year to apply. Some say that if she does succeed in getting an H-1B, she'll be robbing a job from an American.\u003c/p>\n\u003cp>“If she's being hired for an H-1B visa based on nine weeks of programming work – Are you kidding me? – then it's an abuse of the visa,” said Norman Matloff, a professor of computer science at the University of California, Davis.\u003c/p>\n\u003cp>\u003c!--more-->Matloff claims companies use H-1B visas to replace older U.S. programmers with younger, cheaper foreigners like Bajaj.\u003c/p>\n\u003cp>“The abuse is widespread across the board,” he said. “Everybody from the mainstream, household-name firms are abusing the program…. The central issue is wage and mobility.”\u003c/p>\n\u003cp>Matloff argues that since employers sponsor workers for H-1Bs, it’s tricky for foreigners to negotiate higher salaries or switch jobs. They effectively get handcuffed to their employer at lower wages. That's why businesses want more H-1Bs, Matloff says. But tech companies have a different story.\u003c/p>\n\u003cp>The lobbying firm TechNet got 100 technology companies to sign a letter to President Obama and Congress, urging them to expand the H-1B program. Dan Turrentine, a vice president at TechNet, says the companies’ main complaint is that they can't find enough American employees to fill their job openings. The cap of 85,000 H-1Bs a year hasn't kept up with the demand for skilled tech workers. “That cap was set back in the ‘90s,” said Turrentine, “when the economy was much less dependent on technology.”\u003c/p>\n\u003cp>Companies like Facebook, Google, and Hewlett-Packard all signed the letter. But the truth is, most H-1B holders aren’t found at these companies. And they aren’t at start-ups either.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>More on immigration in California\u003c/strong>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/on-immigration-high-tech-and-ag-dont-meet-literally/\">On Immigration, High Tech and Ag Don't Meet, Literally\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/is-silicon-valley-losing-its-foreign-talent/\">Why Silicon Valley Is Losing Foreign-Born Talent\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Nearly half work at places like Infosys and Wipro – the multi-national information technology workhorses that churn out the unglamorous connective tissue of all modern business: boilerplate coding, user support and network maintenance. These businesses place workers in their U.S. offices on H-1Bs to improve the interface between their American client companies and their vast workforces in India.\u003c/p>\n\u003cp>Critics say the H-1B program has thus become a vehicle for global I.T. firms to outsource tech work that used to be done in the United States.\u003c/p>\n\u003cp>Frustration with the program doesn't just come from professors like Matloff, or from older, out-of-work American programmers. It can also be heard from H-1B holders themselves, including Ardit Bajraktari. The 32-year-old from Albania says participating in the visa program feels like indentured servitude.\u003c/p>\n\u003cp>Bajraktari is a mobile developer who has worked in Silicon Valley for a decade. He's been programming phones since the early 2000s, years before the first iPhone hit the market. Like many programmers in the Bay Area, Bajraktari has hopped around, working at places like MobiTV, Yammer and Amazon.\u003c/p>\n\u003cp>“If you want to keep your skill set up to date,” he said, “you have to move companies.”\u003cbr>\nBut every time Bajraktari switches jobs, he loses his H-1B visa sponsorship and risks deportation.\u003c/p>\n\u003cp>“It's like you have a sword on your neck,” he said. “You have to find a job.”\u003c/p>\n\u003cp>Bajraktari came to the United States at 17 and graduated from Radford University in Virginia. Ever since he started working, a decade ago, Bajraktari has been trying to get a green card, the document granting legal permanent residence. Without it, he said, he will always feel the threat of that sword—deportation. With each new job, though, he must persuade the employer to petition for a green card for him.\u003c/p>\n\u003cp>Bajraktari said his worst green card experience was at Amazon. He says the company promised him a visa during the job negotiations, which motivated him to take the position. Then, he says, it took nearly two years to start moving on the paperwork. It reminded Bajraktari of being in Albania under communism.\u003c/p>\n\u003cp>“To make things move forward you have to threaten your company that you’re not going to work anymore,” he said. “It becomes a weird, weird situation.”\u003c/p>\n\u003cp>The I-Squared bill now in the Senate has some provisions to address the challenges of H-1B job mobility. It would give employees a 60-day grace period between positions. But employers would still control the green card process. If the government really wants to stop companies from abusing H-1B visas Bajraktari says, it should give workers some control over their green card applications.\u003c/p>\n\u003cp>The Senate continues to debate what to do with the H-1B visa, and the proposals in the I-Squared bill are also being considered by a bi-partisan group of senators preparing comprehensive immigration legislation.\u003c/p>\n\u003cp>Sen. Richard J. Durbin (D-Ill.), a member of the bi-partisan group, has been urging reforms to address the outsourcing issue and compel companies to search first for American workers. Sen. Chuck Grassley (R-Iowa) has been pushing to ensure that H-1B employees are paid competitive wages. The two have worked together in the past to try and reform the H-1B program. Whether the final agreement this time will contain these provisions remains to be seen.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While the deliberations proceed in Washington, Bajraktari keeps chasing a green card. He says he'd like to found his own company – the Silicon Valley start-up dream. But that's nearly impossible on an H-1B. Another proposal in the Senate would offer start-up visas and green cards to entrepreneurs. If enacted, that could work for Bajraktari. In the meantime, he's still depending on an employer to sponsor him for permanent residency. Only then would he have the same job freedoms as his U.S. colleagues.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Sam Harnett\u003c/em>\u003c/p>\n\u003cp>Technology companies in California say they can't find enough U.S. programmers to fill jobs. So they're pushing hard for I-Squared, the Immigration Innovation Act, in the U.S. Senate that could more than triple the number of visas for high-skilled foreign workers from 85,000 a year to as many as 300,000. But some in the industry fear expanding the visa program would allow companies to replace more American workers with foreigners like Kriti Bajaj.\u003c/p>\n\u003cfigure id=\"attachment_92135\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/tech-companies-push-to-expand-skilled-worker-visas-rankles-critics/harnett-h-1b-reform-photo/\" rel=\"attachment wp-att-92135\">\u003cimg class=\"size-medium wp-image-92135\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/Harnett-H-1B-Reform-photo-300x225.jpeg\" alt=\"Kriti Bajaj hopes to get hired on an H-1B visa after attending App Academy, an intensive coding course. (Sam Harnett/KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kriti Bajaj hopes to get hired on an H-1B visa after attending App Academy, an intensive coding course. (Sam Harnett/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Bajaj graduated from Stanford University with a degree in biology. Originally from India, she decided to head home after finishing school and pursue a PhD. But Bajaj soon realized she'd made a big mistake. Academia just wasn't for her.\u003c/p>\n\u003cp>“There were too many unknowns,” she said, “Nothing was working. I was in this dark little cell in the middle of nowhere.”\u003c/p>\n\u003cp>Bajaj decided to return to the Bay Area and try to restart her life as a computer programmer. She came back on a tourist visa, which meant that she had just 90 days to learn how to program and get hired as a web developer. That led her to App Academy -- one of many new, intensive coding camps that teaches web development from scratch. The course is nine-weeks long, just right for Bajaj.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bajaj hopes the skills she’s learning at App Academy will help her get hired on an H-1B, the visa for skilled foreign workers. But she’s fighting the clock: the visas start getting allotted on April 1st and they can run out fast. If Bajaj doesn’t get a job offer before then she’ll have to return to India and wait another year to apply. Some say that if she does succeed in getting an H-1B, she'll be robbing a job from an American.\u003c/p>\n\u003cp>“If she's being hired for an H-1B visa based on nine weeks of programming work – Are you kidding me? – then it's an abuse of the visa,” said Norman Matloff, a professor of computer science at the University of California, Davis.\u003c/p>\n\u003cp>\u003c!--more-->Matloff claims companies use H-1B visas to replace older U.S. programmers with younger, cheaper foreigners like Bajaj.\u003c/p>\n\u003cp>“The abuse is widespread across the board,” he said. “Everybody from the mainstream, household-name firms are abusing the program…. The central issue is wage and mobility.”\u003c/p>\n\u003cp>Matloff argues that since employers sponsor workers for H-1Bs, it’s tricky for foreigners to negotiate higher salaries or switch jobs. They effectively get handcuffed to their employer at lower wages. That's why businesses want more H-1Bs, Matloff says. But tech companies have a different story.\u003c/p>\n\u003cp>The lobbying firm TechNet got 100 technology companies to sign a letter to President Obama and Congress, urging them to expand the H-1B program. Dan Turrentine, a vice president at TechNet, says the companies’ main complaint is that they can't find enough American employees to fill their job openings. The cap of 85,000 H-1Bs a year hasn't kept up with the demand for skilled tech workers. “That cap was set back in the ‘90s,” said Turrentine, “when the economy was much less dependent on technology.”\u003c/p>\n\u003cp>Companies like Facebook, Google, and Hewlett-Packard all signed the letter. But the truth is, most H-1B holders aren’t found at these companies. And they aren’t at start-ups either.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>More on immigration in California\u003c/strong>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/on-immigration-high-tech-and-ag-dont-meet-literally/\">On Immigration, High Tech and Ag Don't Meet, Literally\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/is-silicon-valley-losing-its-foreign-talent/\">Why Silicon Valley Is Losing Foreign-Born Talent\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Nearly half work at places like Infosys and Wipro – the multi-national information technology workhorses that churn out the unglamorous connective tissue of all modern business: boilerplate coding, user support and network maintenance. These businesses place workers in their U.S. offices on H-1Bs to improve the interface between their American client companies and their vast workforces in India.\u003c/p>\n\u003cp>Critics say the H-1B program has thus become a vehicle for global I.T. firms to outsource tech work that used to be done in the United States.\u003c/p>\n\u003cp>Frustration with the program doesn't just come from professors like Matloff, or from older, out-of-work American programmers. It can also be heard from H-1B holders themselves, including Ardit Bajraktari. The 32-year-old from Albania says participating in the visa program feels like indentured servitude.\u003c/p>\n\u003cp>Bajraktari is a mobile developer who has worked in Silicon Valley for a decade. He's been programming phones since the early 2000s, years before the first iPhone hit the market. Like many programmers in the Bay Area, Bajraktari has hopped around, working at places like MobiTV, Yammer and Amazon.\u003c/p>\n\u003cp>“If you want to keep your skill set up to date,” he said, “you have to move companies.”\u003cbr>\nBut every time Bajraktari switches jobs, he loses his H-1B visa sponsorship and risks deportation.\u003c/p>\n\u003cp>“It's like you have a sword on your neck,” he said. “You have to find a job.”\u003c/p>\n\u003cp>Bajraktari came to the United States at 17 and graduated from Radford University in Virginia. Ever since he started working, a decade ago, Bajraktari has been trying to get a green card, the document granting legal permanent residence. Without it, he said, he will always feel the threat of that sword—deportation. With each new job, though, he must persuade the employer to petition for a green card for him.\u003c/p>\n\u003cp>Bajraktari said his worst green card experience was at Amazon. He says the company promised him a visa during the job negotiations, which motivated him to take the position. Then, he says, it took nearly two years to start moving on the paperwork. It reminded Bajraktari of being in Albania under communism.\u003c/p>\n\u003cp>“To make things move forward you have to threaten your company that you’re not going to work anymore,” he said. “It becomes a weird, weird situation.”\u003c/p>\n\u003cp>The I-Squared bill now in the Senate has some provisions to address the challenges of H-1B job mobility. It would give employees a 60-day grace period between positions. But employers would still control the green card process. If the government really wants to stop companies from abusing H-1B visas Bajraktari says, it should give workers some control over their green card applications.\u003c/p>\n\u003cp>The Senate continues to debate what to do with the H-1B visa, and the proposals in the I-Squared bill are also being considered by a bi-partisan group of senators preparing comprehensive immigration legislation.\u003c/p>\n\u003cp>Sen. Richard J. Durbin (D-Ill.), a member of the bi-partisan group, has been urging reforms to address the outsourcing issue and compel companies to search first for American workers. Sen. Chuck Grassley (R-Iowa) has been pushing to ensure that H-1B employees are paid competitive wages. The two have worked together in the past to try and reform the H-1B program. Whether the final agreement this time will contain these provisions remains to be seen.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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