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"disqusTitle": "Rep. Eshoo: Kavanaugh Accuser's Decision to Go Public a 'Tremendous Act of Courage'",
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"content": "\u003cp>The congresswoman first contacted by a \u003ca href=\"https://www.npr.org/2018/09/17/648803684/who-is-christine-blasey-ford-the-woman-accusing-brett-kavanaugh-of-sexual-assaul\" target=\"_blank\" rel=\"noopener\">Bay Area professor\u003c/a> about \u003ca href=\"https://www.kqed.org/news/11692955/kavanaugh-accuser-willing-to-testify-if-asked\" target=\"_blank\" rel=\"noopener\">accusations that Supreme Court nominee Brett Kavanaugh sexually assaulted her\u003c/a> is calling her constituent's decision to go public a tremendous act of courage.\u003c/p>\n\u003cp>Democratic Rep. Anna Eshoo of Palo Alto said on \u003ca href=\"https://www.kqed.org/forum/2010101867267/monday-morning-political-round-table\" target=\"_blank\" rel=\"noopener\">KQED's Forum\u003c/a> she met at length with Christine Blasey Ford privately in July. Eshoo spoke of Ford's decision to go public with the accusations against Kavanaugh.\u003c/p>\n\u003cp>Ford has alleged that Kavanaugh assaulted her at a party in the early 1980s when they were both students in high school. Kavanaugh, who was at the White House on Monday, vehemently denied Ford's account.\u003c/p>\n\u003cp>Senate Judiciary Committee Democrats on Monday, led by California Sen. Dianne Feinstein, called for Kavanaugh's confirmation vote scheduled for this week to be delayed.\u003c/p>\n\u003cp>\u003cem>The following interview between Eshoo and Forum host Michael Krasny has been edited for clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: When you received this letter, and she is in your district, what was your first response? And you were told by her that she wanted it to be confidential and she certainly wanted to be anonymous, right?\u003c/p>\n\u003cp>\u003cstrong>Rep. Anna Eshoo\u003c/strong>: Well, Dr. Ford is my constituent. 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Feinstein's hands.\u003c/p>\n\u003cp>\u003cstrong>Krasny\u003c/strong>: At this point we're talking about allegations that happened a long time ago. Let me ask you just bluntly, did you find her completely credible?\u003c/p>\n\u003cp>\u003cstrong>Eshoo\u003c/strong>: I did. I did. She told her story very carefully. It was more than obvious to me that this had really had an impact on her life, and that's why I think that it is a tremendous act of courage that she would decide to go public with this. She understood all along that there would be consequences if she did go public. It would upend her privacy, the privacy of her family, and she was obviously willing to risk these factors to present the truth.\u003c/p>\n\u003cp>\u003cstrong>Krasny\u003c/strong>: Part of the Republican narrative is that she is a Democrat and has given money to Democratic candidates, perhaps even to you or Sen. Feinstein, and I don't know, but at least that's on the record, and I wonder what you say to that kind of narrative, that this is partisan or that it has partisan qualities to it.\u003c/p>\n\u003cp>\u003cstrong>Eshoo\u003c/strong>: Well, I've never met this constituent before. But what I would say about that is that sexual assault ... it's not Republican and it's not Democrat. This is so offensive. It damages the individual emotionally. There's tremendous fear that surrounds going public with it. We certainly kept all privacy and confidentiality around the case, but she was the one that made the choice. And she spoke about her, I know publicly, that her role as citizen in weighing the risks of coming out publicly were very important to her because this is one of the most consequential decisions that is made in our country — an appointment to the Supreme Court. I have no doubt that sexual assault victims carry a lifetime of damage I would say, emotionally. 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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The congresswoman first contacted by a \u003ca href=\"https://www.npr.org/2018/09/17/648803684/who-is-christine-blasey-ford-the-woman-accusing-brett-kavanaugh-of-sexual-assaul\" target=\"_blank\" rel=\"noopener\">Bay Area professor\u003c/a> about \u003ca href=\"https://www.kqed.org/news/11692955/kavanaugh-accuser-willing-to-testify-if-asked\" target=\"_blank\" rel=\"noopener\">accusations that Supreme Court nominee Brett Kavanaugh sexually assaulted her\u003c/a> is calling her constituent's decision to go public a tremendous act of courage.\u003c/p>\n\u003cp>Democratic Rep. Anna Eshoo of Palo Alto said on \u003ca href=\"https://www.kqed.org/forum/2010101867267/monday-morning-political-round-table\" target=\"_blank\" rel=\"noopener\">KQED's Forum\u003c/a> she met at length with Christine Blasey Ford privately in July. Eshoo spoke of Ford's decision to go public with the accusations against Kavanaugh.\u003c/p>\n\u003cp>Ford has alleged that Kavanaugh assaulted her at a party in the early 1980s when they were both students in high school. Kavanaugh, who was at the White House on Monday, vehemently denied Ford's account.\u003c/p>\n\u003cp>Senate Judiciary Committee Democrats on Monday, led by California Sen. Dianne Feinstein, called for Kavanaugh's confirmation vote scheduled for this week to be delayed.\u003c/p>\n\u003cp>\u003cem>The following interview between Eshoo and Forum host Michael Krasny has been edited for clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: When you received this letter, and she is in your district, what was your first response? And you were told by her that she wanted it to be confidential and she certainly wanted to be anonymous, right?\u003c/p>\n\u003cp>\u003cstrong>Rep. Anna Eshoo\u003c/strong>: Well, Dr. Ford is my constituent. She contacted my office. We certainly followed up with her, and I met with her for an extended period of time in July. I thought that it was important to listen very well to her story, which she wanted to share with me, and she did. And it was also important for me to emphasize to her that she tell me what she wished me to do with it, or that she was simply confiding in me and wanted to know the story of what had taken place earlier in her life. Privacy is so essential for individuals that have undergone or been subjected to any kind of sexual assault. And so she was the one that made the decision that she wanted this to move in a pathway that she thought would be helpful. And so I contacted Sen. Feinstein because ... Dr. Ford is her constituent as well. And Sen. Feinstein is also, as you know, the ranking member of the Senate Judiciary Committee. And so she wrote a letter. We made sure that it was hand delivered to Sen. Feinstein's office, and then it was in Sen. Feinstein's hands.\u003c/p>\n\u003cp>\u003cstrong>Krasny\u003c/strong>: At this point we're talking about allegations that happened a long time ago. Let me ask you just bluntly, did you find her completely credible?\u003c/p>\n\u003cp>\u003cstrong>Eshoo\u003c/strong>: I did. I did. She told her story very carefully. It was more than obvious to me that this had really had an impact on her life, and that's why I think that it is a tremendous act of courage that she would decide to go public with this. She understood all along that there would be consequences if she did go public. It would upend her privacy, the privacy of her family, and she was obviously willing to risk these factors to present the truth.\u003c/p>\n\u003cp>\u003cstrong>Krasny\u003c/strong>: Part of the Republican narrative is that she is a Democrat and has given money to Democratic candidates, perhaps even to you or Sen. Feinstein, and I don't know, but at least that's on the record, and I wonder what you say to that kind of narrative, that this is partisan or that it has partisan qualities to it.\u003c/p>\n\u003cp>\u003cstrong>Eshoo\u003c/strong>: Well, I've never met this constituent before. But what I would say about that is that sexual assault ... it's not Republican and it's not Democrat. This is so offensive. It damages the individual emotionally. There's tremendous fear that surrounds going public with it. We certainly kept all privacy and confidentiality around the case, but she was the one that made the choice. And she spoke about her, I know publicly, that her role as citizen in weighing the risks of coming out publicly were very important to her because this is one of the most consequential decisions that is made in our country — an appointment to the Supreme Court. I have no doubt that sexual assault victims carry a lifetime of damage I would say, emotionally. But this is also a lifetime appointment to the Supreme Court. So this is not anything that's partisan to me. But as you mention it, it is a legitimate fear for someone crossing from privacy into the public square to bring forward what she suffered.\u003c/p>\n\u003cp>\u003cem>KQED's Don Clyde and Ted Goldberg and NPR contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Christine Blasey Ford, a psychology professor at Palo Alto University, tells \u003ca href=\"https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html?utm_term=.5964452fb078\" rel=\"noopener\" target=\"_blank\">The Washington Post\u003c/a> that Supreme Court nominee Brett Kavanaugh sexually assaulted her when they were teenagers.\u003c/p>\n\u003cp>Ford tells the newspaper that Kavanaugh and a friend corralled her in a bedroom during a gathering at a house in Maryland in the early 1980s. She says that both boys were \"stumbling drunk\" and that the friend watched as Kavanaugh pinned her to a bed and clumsily tried to pull off her clothes.\u003c/p>\n\u003cp>She says she tried to scream and Kavanaugh covered her mouth with his hand. Ford says she escaped when Kavanaugh's friend jumped on top of them and they tumbled.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html?utm_term=.5964452fb078\" rel=\"noopener\" target=\"_blank\">The Washington Post piece\u003c/a>, Ford goes into more detail about the events of that night:\u003c/p>\n\u003cblockquote>\u003cp>“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”\u003c/p>\u003c/blockquote>\n\u003cp>The now-53-year-old Kavanaugh denies the allegation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Ford says she didn't reveal what happened until 2012 during couples therapy with her husband.\u003c/p>\n\u003cp>Shortly after The Washington Post published Ford's account, both of California's U.S. senators offered their support and called on the Senate to delay Kavanaugh's confirmation until after an investigation into Ford's allegations.\u003c/p>\n\u003cp>“I support Mrs. Ford’s decision to share her story, and now that she has, it is in the hands of the FBI to conduct an investigation,\" Feinstein said in a statement. \"This should happen before the Senate moves forward on this nominee.”\u003c/p>\n\u003cp>In a tweet, Harris called Ford courageous and called her allegation \"credible and serious.\"\u003c/p>\n\u003cp>https://twitter.com/KamalaHarris/status/1041401580673818626 \u003c/p>\n\u003cp>\"The Senate has a constitutional responsibility to scrutinize SCOTUS nominees,\" she wrote on Twitter. \"A vote on Kavanaugh’s nomination must be delayed until there is a thorough investigation.\"\u003c/p>\n\u003cp>The Senate Judiciary Committee is scheduled to vote on Kavanaugh's nomination on Thursday.\u003c/p>\n\u003cp>Last week, The New Yorker \u003ca href=\"https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress\" rel=\"noopener\" target=\"_blank\">reported\u003c/a> on the alleged incident, but had not released the accuser's name. In the same piece, The New Yorker reported that the accuser had written a letter detailing her allegation to Peninsula Congresswoman Anna Eshoo and Feinstein. \u003c/p>\n\u003cp>According to \u003ca href=\"https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress\" rel=\"noopener\" target=\"_blank\">The New Yorker\u003c/a>, this is what happened after Feinstein received the information:\u003c/p>\n\u003cblockquote>\u003cp>\"Feinstein’s decision to handle the matter in her own office, without notifying other members of the Senate Judiciary Committee, stirred concern among her Democratic colleagues. For several days, Feinstein declined requests from other Democrats on the Judiciary Committee to share the woman’s letter and other relevant communications. A source familiar with the committee’s activities said that Feinstein’s staff initially conveyed to other Democratic members’ offices that the incident was too distant in the past to merit public discussion, and that Feinstein had “taken care of it.” On Wednesday, after media inquiries to the Democratic members multiplied, and concern among congressional colleagues increased, Feinstein agreed to brief the other Democrats on the committee, with no staff present.\"\u003c/p>\u003c/blockquote>\n\u003cp>In her statement Sunday, Feinstein said, \"It has always been Mrs. Ford’s decision whether to come forward publicly. For any woman, sharing an experience involving sexual assault—particularly when it involves a politically connected man with influence, authority and power—is extraordinarily difficult.\"\u003c/p>\n\u003cp>Eshoo said in a statement Sunday, \"I am proud of my constituent for the courage she has displayed to come forward to tell her full story to the American people. In weighing her privacy and the consequences to herself and her family, she has demonstrated her willingness to risk these factors to present the truth.\"\u003c/p>\n\u003cp>Eshoo did not comment on whether Kavanaugh's nomination should be delayed pending an investigation.\u003c/p>\n\u003cp>Ford's lawyer did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post has been updated to include a comment from Congresswoman Anna Eshoo. Reporting from the Associated Press was used in this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Christine Blasey Ford, a psychology professor at Palo Alto University, tells \u003ca href=\"https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html?utm_term=.5964452fb078\" rel=\"noopener\" target=\"_blank\">The Washington Post\u003c/a> that Supreme Court nominee Brett Kavanaugh sexually assaulted her when they were teenagers.\u003c/p>\n\u003cp>Ford tells the newspaper that Kavanaugh and a friend corralled her in a bedroom during a gathering at a house in Maryland in the early 1980s. She says that both boys were \"stumbling drunk\" and that the friend watched as Kavanaugh pinned her to a bed and clumsily tried to pull off her clothes.\u003c/p>\n\u003cp>She says she tried to scream and Kavanaugh covered her mouth with his hand. Ford says she escaped when Kavanaugh's friend jumped on top of them and they tumbled.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html?utm_term=.5964452fb078\" rel=\"noopener\" target=\"_blank\">The Washington Post piece\u003c/a>, Ford goes into more detail about the events of that night:\u003c/p>\n\u003cblockquote>\u003cp>“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”\u003c/p>\u003c/blockquote>\n\u003cp>The now-53-year-old Kavanaugh denies the allegation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ford says she didn't reveal what happened until 2012 during couples therapy with her husband.\u003c/p>\n\u003cp>Shortly after The Washington Post published Ford's account, both of California's U.S. senators offered their support and called on the Senate to delay Kavanaugh's confirmation until after an investigation into Ford's allegations.\u003c/p>\n\u003cp>“I support Mrs. Ford’s decision to share her story, and now that she has, it is in the hands of the FBI to conduct an investigation,\" Feinstein said in a statement. \"This should happen before the Senate moves forward on this nominee.”\u003c/p>\n\u003cp>In a tweet, Harris called Ford courageous and called her allegation \"credible and serious.\"\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp> \u003c/p>\n\u003cp>\"The Senate has a constitutional responsibility to scrutinize SCOTUS nominees,\" she wrote on Twitter. \"A vote on Kavanaugh’s nomination must be delayed until there is a thorough investigation.\"\u003c/p>\n\u003cp>The Senate Judiciary Committee is scheduled to vote on Kavanaugh's nomination on Thursday.\u003c/p>\n\u003cp>Last week, The New Yorker \u003ca href=\"https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress\" rel=\"noopener\" target=\"_blank\">reported\u003c/a> on the alleged incident, but had not released the accuser's name. In the same piece, The New Yorker reported that the accuser had written a letter detailing her allegation to Peninsula Congresswoman Anna Eshoo and Feinstein. \u003c/p>\n\u003cp>According to \u003ca href=\"https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress\" rel=\"noopener\" target=\"_blank\">The New Yorker\u003c/a>, this is what happened after Feinstein received the information:\u003c/p>\n\u003cblockquote>\u003cp>\"Feinstein’s decision to handle the matter in her own office, without notifying other members of the Senate Judiciary Committee, stirred concern among her Democratic colleagues. For several days, Feinstein declined requests from other Democrats on the Judiciary Committee to share the woman’s letter and other relevant communications. A source familiar with the committee’s activities said that Feinstein’s staff initially conveyed to other Democratic members’ offices that the incident was too distant in the past to merit public discussion, and that Feinstein had “taken care of it.” On Wednesday, after media inquiries to the Democratic members multiplied, and concern among congressional colleagues increased, Feinstein agreed to brief the other Democrats on the committee, with no staff present.\"\u003c/p>\u003c/blockquote>\n\u003cp>In her statement Sunday, Feinstein said, \"It has always been Mrs. Ford’s decision whether to come forward publicly. For any woman, sharing an experience involving sexual assault—particularly when it involves a politically connected man with influence, authority and power—is extraordinarily difficult.\"\u003c/p>\n\u003cp>Eshoo said in a statement Sunday, \"I am proud of my constituent for the courage she has displayed to come forward to tell her full story to the American people. In weighing her privacy and the consequences to herself and her family, she has demonstrated her willingness to risk these factors to present the truth.\"\u003c/p>\n\u003cp>Eshoo did not comment on whether Kavanaugh's nomination should be delayed pending an investigation.\u003c/p>\n\u003cp>Ford's lawyer did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post has been updated to include a comment from Congresswoman Anna Eshoo. Reporting from the Associated Press was used in this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Senators Lead Fight to Delay Judiciary Panel's Brett Kavanaugh Hearing",
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"content": "\u003cp>The Senate Judiciary Committee hearing for Supreme Court nominee Judge Brett Kavanaugh opened Tuesday with an immediate interjection from Sen. Kamala Harris.\u003c/p>\n\u003cp>“Mr Chairman, Mr. Chairman, Mr. Chairman,” said the California Democrat to Senate Judiciary Chair Chuck Grassley, R-Iowa, at the beginning of the hearing. “I'd like to be recognized for a question before we proceed. Mr. Chairman. I'd like to be recognized to ask a question before we proceed. The committee received just last night – less than 15 hours ago – 42,000 pages of documents that we have not had an opportunity to review or read or analyze ...”\u003c/p>\n\u003cp>“You are out of order, I'll proceed ...” Grassley said.\u003c/p>\n\u003cp>“We cannot possibly move forward, Mr. Chairman, with this hearing,” Harris said. “We have not been given the opportunity to have a meaningful hearing on this nominee.”\u003c/p>\n\u003cp>“I will proceed,” Grassley said, before attempting to move on with the hearing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But for the next hour and a half, Democrats attempted to postpone the hearing as protesters repeatedly shouted at speakers. \u003c/p>\n\u003cp>Protesters expressed concern that Kavanaugh would overturn Roe vs. Wade and the abortion rights that Supreme Court decision enshrines. Democrats, meanwhile, voiced worry that they could not evaluate Kavanaugh without the hundreds of thousands of documents produced by Kavanaugh while he was a White House staff attorney for President George W. Bush and during his work work with Special Prosecutor Ken Starr during the investigation into President Bill Clinton.\u003c/p>\n\u003cp>Democrats – including Harris and ranking member Sen. Dianne Feinstein – asked Grassley to reconsider moving forward with the hearing until the documents they seek are sent to the Senate Judiciary Committee for review.\u003c/p>\n\u003cp>\"What we're looking at is – is he within the mainstream of American legal opinion and will he do the right thing by the Constitution?” Feinstein asked. “We are also experiencing the vetting process that has cast aside tradition in favor of speed.\"\u003c/p>\n\u003cp>“My staff has set up workstations and has been available 24/7,” said Sen. Grassley. “Can I ask my colleagues on the other side of the aisle how long you are going to go on with this?”\u003c/p>\n\u003cp>\"These are very unique circumstances,” Feinstein said. “Not only is the country deeply divided politically. We also find ourselves with a president who faces his own serious problems. Over a dozen cabinet members and senior aides to President Trump have resigned, been fired or failed their confirmations under clouds of corruption, scandal and suspicion. The president's personal lawyer, campaign manager, deputy campaign manager and several campaign advisors have been entangled by indictments, guilty pleas and criminal convictions. So it's this backdrop that this nominee comes into.\"\u003c/p>\n\u003cfigure id=\"attachment_11690304\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026695190-e1536080444631.jpg\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026695190-800x539.jpg\" alt=\"\" width=\"800\" height=\"539\" class=\"size-medium wp-image-11690304\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A protester is led Tuesday morning from the Senate Judiciary Committee hearing on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. \u003ccite>(Chip Somodevilla/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Trump has been plagued by legal trouble since he took office, and more than a dozen of his staff and confidants have been indicted or pleaded guilty as part of an investigation into the campaign’s alleged ties to the Russian government.\u003c/p>\n\u003cp>“This is a hearing about who will sit on the highest court of our land,” Sen. Harris said. “So I object, and I ask that we renew and revisit to suspend ... or postpone this hearing.”\u003c/p>\n\u003cp>As Democrats pushed for a postponement of the hearing, Republicans expressed frustration with the debate.\u003c/p>\n\u003cp>“This is the first hearing according to mob rule,” said Sen. John Cornyn, R-Texas. “It’s hard to take seriously that they can’t do their job when they already made up their minds before the hearing. There’s nothing fair about that.”\u003c/p>\n\u003cp>Republican also alleged that Democrats had staged their attempt to delay the hearing, with Sen. Thom Tillis, R-North Carolina, citing an NBC news tweet during the hearing that reported the outcry came at the direction of Senate Minority Leader Chuck Schumer, D-New York.\u003c/p>\n\u003cp>Yet, a staff member in Feinstein’s office told KQED the frustration that led to an hour and 15 minutes of “pandemonium,” as The New York Times \u003ca href=\"https://www.nytimes.com/2018/09/04/us/politics/kavanaugh-confirmation-hearing-updates.html\" rel=\"noopener\" target=\"_blank\">described it\u003c/a>.\u003c/p>\n\u003cp>“This is largely free-flowing now so we’ll just have to watch and see how it goes,” said Feinstein aide Ashely Schapitl. “So rare to have unscripted moments in the Senate.”\u003c/p>\n\u003cfigure id=\"attachment_11690303\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026685602-e1536080663458.jpg\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026685602-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11690303\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supreme Court nominee Judge Brett Kavanaugh reacts Tuesday morning during protests that erupted during the opening of his confirmation hearing before the Senate Judiciary Committee. \u003ccite>(Drew Angerer/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The discord that marked the start of this hearing is unprecedented, according to three law professors responding independently to KQED.\u003c/p>\n\u003cp>UC Hastings law professor Rory Little, who clerked for three Supreme Court justices, said he had never seen anything like the beginning of this hearing. \u003c/p>\n\u003cp>Bradley Joondeph of Santa Clara University said the closest parallel to the discord Tuesday morning was probably the nomination of Clarence Thomas in 1991. His hearing was marked by allegations from Anita Hill, one of his former subordinates in two federal agencies, that Thomas had subjected her to sexual harassment. \u003c/p>\n\u003cp>Carl Tobias, the Williams Chair in Law at the University of Richmond, Virginia, agreed with Democrats that Kavanaugh's nomination is being hurried.\u003c/p>\n\u003cp>“There has never been such a rush to confirm a nominee and so few documents made available so slowly,” Tobias said in an email.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post was updated with corrected information about UC Hastings law professor Rory Little.\u003c/em>\u003c/p>\n\n",
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"excerpt": "Democrats on panel object to session going ahead after last-minute release of 42,000 pages of documents on nominee. But hearing proceeds -- amid nearly nonstop heckling and protests. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Senate Judiciary Committee hearing for Supreme Court nominee Judge Brett Kavanaugh opened Tuesday with an immediate interjection from Sen. Kamala Harris.\u003c/p>\n\u003cp>“Mr Chairman, Mr. Chairman, Mr. Chairman,” said the California Democrat to Senate Judiciary Chair Chuck Grassley, R-Iowa, at the beginning of the hearing. “I'd like to be recognized for a question before we proceed. Mr. Chairman. I'd like to be recognized to ask a question before we proceed. The committee received just last night – less than 15 hours ago – 42,000 pages of documents that we have not had an opportunity to review or read or analyze ...”\u003c/p>\n\u003cp>“You are out of order, I'll proceed ...” Grassley said.\u003c/p>\n\u003cp>“We cannot possibly move forward, Mr. Chairman, with this hearing,” Harris said. “We have not been given the opportunity to have a meaningful hearing on this nominee.”\u003c/p>\n\u003cp>“I will proceed,” Grassley said, before attempting to move on with the hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But for the next hour and a half, Democrats attempted to postpone the hearing as protesters repeatedly shouted at speakers. \u003c/p>\n\u003cp>Protesters expressed concern that Kavanaugh would overturn Roe vs. Wade and the abortion rights that Supreme Court decision enshrines. Democrats, meanwhile, voiced worry that they could not evaluate Kavanaugh without the hundreds of thousands of documents produced by Kavanaugh while he was a White House staff attorney for President George W. Bush and during his work work with Special Prosecutor Ken Starr during the investigation into President Bill Clinton.\u003c/p>\n\u003cp>Democrats – including Harris and ranking member Sen. Dianne Feinstein – asked Grassley to reconsider moving forward with the hearing until the documents they seek are sent to the Senate Judiciary Committee for review.\u003c/p>\n\u003cp>\"What we're looking at is – is he within the mainstream of American legal opinion and will he do the right thing by the Constitution?” Feinstein asked. “We are also experiencing the vetting process that has cast aside tradition in favor of speed.\"\u003c/p>\n\u003cp>“My staff has set up workstations and has been available 24/7,” said Sen. Grassley. “Can I ask my colleagues on the other side of the aisle how long you are going to go on with this?”\u003c/p>\n\u003cp>\"These are very unique circumstances,” Feinstein said. “Not only is the country deeply divided politically. We also find ourselves with a president who faces his own serious problems. Over a dozen cabinet members and senior aides to President Trump have resigned, been fired or failed their confirmations under clouds of corruption, scandal and suspicion. The president's personal lawyer, campaign manager, deputy campaign manager and several campaign advisors have been entangled by indictments, guilty pleas and criminal convictions. So it's this backdrop that this nominee comes into.\"\u003c/p>\n\u003cfigure id=\"attachment_11690304\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026695190-e1536080444631.jpg\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026695190-800x539.jpg\" alt=\"\" width=\"800\" height=\"539\" class=\"size-medium wp-image-11690304\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A protester is led Tuesday morning from the Senate Judiciary Committee hearing on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. \u003ccite>(Chip Somodevilla/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Trump has been plagued by legal trouble since he took office, and more than a dozen of his staff and confidants have been indicted or pleaded guilty as part of an investigation into the campaign’s alleged ties to the Russian government.\u003c/p>\n\u003cp>“This is a hearing about who will sit on the highest court of our land,” Sen. Harris said. “So I object, and I ask that we renew and revisit to suspend ... or postpone this hearing.”\u003c/p>\n\u003cp>As Democrats pushed for a postponement of the hearing, Republicans expressed frustration with the debate.\u003c/p>\n\u003cp>“This is the first hearing according to mob rule,” said Sen. John Cornyn, R-Texas. “It’s hard to take seriously that they can’t do their job when they already made up their minds before the hearing. There’s nothing fair about that.”\u003c/p>\n\u003cp>Republican also alleged that Democrats had staged their attempt to delay the hearing, with Sen. Thom Tillis, R-North Carolina, citing an NBC news tweet during the hearing that reported the outcry came at the direction of Senate Minority Leader Chuck Schumer, D-New York.\u003c/p>\n\u003cp>Yet, a staff member in Feinstein’s office told KQED the frustration that led to an hour and 15 minutes of “pandemonium,” as The New York Times \u003ca href=\"https://www.nytimes.com/2018/09/04/us/politics/kavanaugh-confirmation-hearing-updates.html\" rel=\"noopener\" target=\"_blank\">described it\u003c/a>.\u003c/p>\n\u003cp>“This is largely free-flowing now so we’ll just have to watch and see how it goes,” said Feinstein aide Ashely Schapitl. “So rare to have unscripted moments in the Senate.”\u003c/p>\n\u003cfigure id=\"attachment_11690303\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026685602-e1536080663458.jpg\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/GettyImages-1026685602-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11690303\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supreme Court nominee Judge Brett Kavanaugh reacts Tuesday morning during protests that erupted during the opening of his confirmation hearing before the Senate Judiciary Committee. \u003ccite>(Drew Angerer/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The discord that marked the start of this hearing is unprecedented, according to three law professors responding independently to KQED.\u003c/p>\n\u003cp>UC Hastings law professor Rory Little, who clerked for three Supreme Court justices, said he had never seen anything like the beginning of this hearing. \u003c/p>\n\u003cp>Bradley Joondeph of Santa Clara University said the closest parallel to the discord Tuesday morning was probably the nomination of Clarence Thomas in 1991. His hearing was marked by allegations from Anita Hill, one of his former subordinates in two federal agencies, that Thomas had subjected her to sexual harassment. \u003c/p>\n\u003cp>Carl Tobias, the Williams Chair in Law at the University of Richmond, Virginia, agreed with Democrats that Kavanaugh's nomination is being hurried.\u003c/p>\n\u003cp>“There has never been such a rush to confirm a nominee and so few documents made available so slowly,” Tobias said in an email.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post was updated with corrected information about UC Hastings law professor Rory Little.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Appears Ready to Side With Trump on Travel Ban",
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"content": "\u003cp>During arguments at the Supreme Court on Wednesday, the justices seemed, by a narrow margin, to be leaning toward upholding the third iteration of the Trump travel ban.\u003c/p>\n\u003cp>Justice Anthony Kennedy, who is often the deciding vote in close cases, made repeated comments suggesting that the court does not usually second guess a president's national-security decisions — even in the context of an immigration law that bans discrimination based on nationality.\u003c/p>\n\u003cp>If the court does decide in favor of the government in June, when a decision is expected, it would be a big win for one of the pillars of the president's politics. It's an issue that animates the bases of both parties, appealing to the grievance politics of Trump's supporters — and outraging the moral sensibilities of the left. Between the travel ban and the proposed wall along the U.S.-Mexico border, that idea of exclusion is fueling the resistance to Trump and firing up liberals for this year's midterms.\u003c/p>\n\u003cp>In court, faced with the challengers' assertion that the travel ban is indefinite and perpetual, Kennedy replied caustically, asserting — so you think in 180 days we're going to have a safe world?\u003c/p>\n\u003cp>Perhaps the most difficult question the government faced came from Justice Elena Kagan. She presented this hypothetical — in a future time, imagine a president, who is elected and is a \"vehement anti-Semite.\" That president issues an order that dots the i's and crosses the t's in terms of process, but is a proclamation that says no person may be permitted from Israel.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Solicitor General Noel Francisco, who was making the case for the government, replied that if the administration as a whole agreed, then the court would be obligated to uphold the order. But, he pointed out, that hypothetical isn't the case here.\u003c/p>\n\u003cp>Kagan slyly responded: let's just say this is an out-of-the-box president.\u003c/p>\n\u003cp>That prompted outright laughter in the court room.\u003c/p>\n\u003cp>Francisco held firm, saying that if the Cabinet agrees that there's a national security risk, the court would have to uphold the order.\u003c/p>\n\u003cp>And he went further, stating that the court would have to do so even if in his heart, the president harbored animus.\u003c/p>\n\u003cp>Kagan contended that it's not what's in the president's heart of hearts, but what a reasonable observer would interpret.\u003c/p>\n\u003cp>Kennedy was concerned about that point. He presented a different hypothetical: He asked Francisco, suppose a mayor is elected after a long campaign of hateful statements, then on Day 2 after he's sworn in, he takes action adverse to those he made hateful comments about. Is everything he said during the campaign irrelevant? Kennedy asked.\u003c/p>\n\u003cp>Francisco asserted, in fact, yes.\u003c/p>\n\u003cp>But, he added, that the Trump travel ban is not a Muslim ban because it does not apply to most of the Muslim-majority countries in the world, and this latest iteration dropped Sudan, Chad and Iraq when they changed their screening and security to minimum standards.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.npr.org/player/embed/604477703/605597062\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>How we got here\u003c/strong>\u003c/p>\n\u003cp>The Trump administration's travel ban reached the Supreme Court posing enormous questions involving the structure of the American government and the values of the country.\u003c/p>\n\u003cp>At issue is the third version of the ban, which President Trump has complained is a \"watered-down\" version. The court allowed it to go into effect while the case was litigated, but the lower courts have ruled that all three versions either violate federal law or are unconstitutional.\u003c/p>\n\u003cp>Like the earlier two bans, version 3.0 bars almost all travelers from mainly Muslim countries, and it adds a ban on travelers from North Korea and government officials from Venezuela.\u003c/p>\n\u003cp>The questions in the case are the stuff of history:\u003c/p>\n\u003cul>\n\u003cli>Can the courts even review a presidential order on immigration that invokes national security?\u003c/li>\n\u003cli>Did the president violate the immigration law's command against discrimination based on nationality?\u003c/li>\n\u003cli>And does the executive order violate the Constitution's ban on religious discrimination?\u003c/li>\n\u003c/ul>\n\u003cp>The travel ban argument will be the last of the term, and its importance is not lost on the court. For the first time since the same-sex-marriage arguments in 2015, the court is allowing same-day distribution of the session's audio. Nonetheless, people started lining up at 7 a.m. Sunday in hopes of snagging a seat.\u003c/p>\n\u003cp>The court will be working under pressure: There are only about two months left in the term and an unusually large number of cases yet to be decided.\u003c/p>\n\u003cp>\u003cstrong>Can the court consider Trump's anti-Muslim rhetoric?\u003c/strong>\u003c/p>\n\u003cp>At Wednesday's argument, those challenging the ban are being represented by lawyer Neal Katyal, who has argued landmark cases in the Supreme Court both for and against executive power in the context of national security.\u003c/p>\n\u003cp>\"It's unconstitutional. It's unnecessary. And most of all, it's un-American,\" he said.\u003c/p>\n\u003cp>But before he can make that case, he will have to deal with the government's first argument — that foreign nationals outside the U.S. have no constitutional rights and no right to litigate in U.S. courts and that the courts have no power to review the president's ban.\u003c/p>\n\u003cp>The Supreme Court has said on many occasions that when it comes to national security, the executive need only come up with \"a facially legitimate, bona fide reason to keep certain people out of our country,\" said John Malcolm, vice president of the Institute for Constitutional Government at the conservative Heritage Foundation.\u003c/p>\n\u003cp>In short, the government argues that as long as it gives reasons for the ban, the courts are not to look beyond those reasons to see whether there is evidence to justify them.\u003c/p>\n\u003cp>\"The president gets daily classified briefings,\" Malcolm said. \"Judges do not.\"\u003c/p>\n\u003cp>But those challenging the ban note that the Constitution gives exclusive power over immigration to Congress and that in 1965, Congress banned discrimination in immigration based on nationality.\u003c/p>\n\u003cp>The government contends that the president's order does not discriminate on the basis of either nationality or religion.\u003c/p>\n\u003cp>But that argument runs up against repeated statements and tweets Trump made during his presidential campaign.\u003c/p>\n\u003cp>At a 2015 rally, for example, Trump declared, \"Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States.\"\u003c/p>\n\u003cp>Once Trump became president, however, he stopped using such categorical language, while at the same time linking the travel ban to his campaign statements. In February 2017, he castigated a federal judge for blocking the first version of the travel ban. Declaring that he would not back down, the president said, \"I keep my campaign promises.\"\u003c/p>\n\u003cp>\"The president has his intemperate moments,\" said the Heritage Foundation's Malcolm. \"But he has said what we are targeting are not Muslims, but jihadists.\"\u003c/p>\n\u003cp>There are 51 majority-Muslim countries and the government maintains that the travel ban is targeting only those that are points of vulnerability, either because they lack the ability to verify the identity and background of those seeking to enter the U.S. or because they have not cooperated with the U.S. government or are \"safe havens of terrorism.\"\u003c/p>\n\u003cp>\"Does the president use the kind of language that plays well in a courtroom? No, I don't think so,\" Malcolm said. \"But it is the president and not the judiciary that is given primary responsibility for protecting our homeland.\"\u003c/p>\n\u003cp>\u003cstrong>Gen. Michael Hayden: \"It actually made us less safe\"\u003c/strong>\u003c/p>\n\u003cp>Making the contrary argument, however, are not just those directly challenging the travel ban, but also \u003ca href=\"https://www.npr.org/2018/04/24/604949251/why-dozens-of-national-security-experts-have-come-out-against-trumps-travel-ban\">an array of former national security experts\u003c/a> who have served in Republican and Democratic administrations alike as well as more than two dozen retired top generals and admirals.\u003c/p>\n\u003cp>In several friend-of-the-court briefs, they argue that the travel ban not only violates American law but also has harmed national security.\u003c/p>\n\u003cp>\"It actually made us less safe,\" said Gen. Michael Hayden, who served as director of the National Security Agency from 1999 to 2005 and then CIA director from 2006 to 2009.\u003c/p>\n\u003cp>In an interview with NPR, Hayden said that since the travel ban went into effect, he has gotten calls from CIA officers still in government. They tell him the ban is making it far more difficult to recruit \"assets\" and spies, making it much harder to get information in the targeted countries — locations that are essential to the fight against ISIS and radical Islam.\u003c/p>\n\u003cp>The national security experts who have filed briefs in the case opposing the travel ban note that no individual from any of the banned countries — which include Iran, Libya, Somalia, Syria and Yemen — has committed a terrorist act on U.S. soil in the last 40 years.\u003c/p>\n\u003cp>Hayden added that the U.S. has often had more trouble with Belgium in reporting on jihadis seeking entry to the U.S. than it has had from any of the countries in the ban.\u003c/p>\n\u003cp>Joining Hayden in signing a series of briefs opposing the travel ban are more than 55 former CIA and deputy CIA directors, counterterrorism chiefs, top diplomats with long records in the Middle East, secretaries of state and the Republican chairman of the 9/11 Commission.\u003c/p>\n\u003cp>They support the challengers' argument that the president has exceeded his authority in enacting the ban.\u003c/p>\n\u003cp>\u003cstrong>This wolf \"comes as a wolf\"\u003c/strong>\u003c/p>\n\u003cp>Expanding on that theme, lawyer Katyal maintained that immigration is exclusively the business of Congress under the Constitution.\u003c/p>\n\u003cp>\"Our founders put Congress in the driver's seat, the exclusive driver's seat in Article I of our Constitution, for a reason,\" he said.\u003c/p>\n\u003cp>They were angry about King George III abusing his immigration powers, Katyal said, and they concluded, \"These decisions are too important to be left to the decision-making of one man.\"\u003c/p>\n\u003cp>But in its brief, the Trump administration counters that Congress has, by statute, given up some of that power.\u003c/p>\n\u003cp>\"Congress has explicitly, by statute, given the president the authority to exclude any aliens or class of aliens when he believes that not doing so would be detrimental to the interest of the United States,\" Malcolm said.\u003c/p>\n\u003cp>Katyal argued that no provision of the Immigration and Naturalization Act gives the president the power to override the immigration act's ban on discrimination based on nationality. His brief quotes the late Justice Antonin Scalia in addressing which branch of government can do what.\u003c/p>\n\u003cp>In a 1988 dissent, Scalia wrote that threats to the Constitution's separation of powers usually come disguised in sheep's clothing. But this wolf, said the justice, \"comes as a wolf.\"\u003c/p>\n\u003cp>And so it is in this case, too, Katyal said. When you read Trump's executive order and his statements about it, he said, it's clear what they are: \"They are wolves coming as wolves.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>A decision in the travel ban case is expected in late June.\u003c/p>\n\n",
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"excerpt": "The court's conservatives were leaning in the government's favor in the long-anticipated travel ban case. It would be a big win for one of the pillars of the president's politics.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>During arguments at the Supreme Court on Wednesday, the justices seemed, by a narrow margin, to be leaning toward upholding the third iteration of the Trump travel ban.\u003c/p>\n\u003cp>Justice Anthony Kennedy, who is often the deciding vote in close cases, made repeated comments suggesting that the court does not usually second guess a president's national-security decisions — even in the context of an immigration law that bans discrimination based on nationality.\u003c/p>\n\u003cp>If the court does decide in favor of the government in June, when a decision is expected, it would be a big win for one of the pillars of the president's politics. It's an issue that animates the bases of both parties, appealing to the grievance politics of Trump's supporters — and outraging the moral sensibilities of the left. Between the travel ban and the proposed wall along the U.S.-Mexico border, that idea of exclusion is fueling the resistance to Trump and firing up liberals for this year's midterms.\u003c/p>\n\u003cp>In court, faced with the challengers' assertion that the travel ban is indefinite and perpetual, Kennedy replied caustically, asserting — so you think in 180 days we're going to have a safe world?\u003c/p>\n\u003cp>Perhaps the most difficult question the government faced came from Justice Elena Kagan. She presented this hypothetical — in a future time, imagine a president, who is elected and is a \"vehement anti-Semite.\" That president issues an order that dots the i's and crosses the t's in terms of process, but is a proclamation that says no person may be permitted from Israel.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Solicitor General Noel Francisco, who was making the case for the government, replied that if the administration as a whole agreed, then the court would be obligated to uphold the order. But, he pointed out, that hypothetical isn't the case here.\u003c/p>\n\u003cp>Kagan slyly responded: let's just say this is an out-of-the-box president.\u003c/p>\n\u003cp>That prompted outright laughter in the court room.\u003c/p>\n\u003cp>Francisco held firm, saying that if the Cabinet agrees that there's a national security risk, the court would have to uphold the order.\u003c/p>\n\u003cp>And he went further, stating that the court would have to do so even if in his heart, the president harbored animus.\u003c/p>\n\u003cp>Kagan contended that it's not what's in the president's heart of hearts, but what a reasonable observer would interpret.\u003c/p>\n\u003cp>Kennedy was concerned about that point. He presented a different hypothetical: He asked Francisco, suppose a mayor is elected after a long campaign of hateful statements, then on Day 2 after he's sworn in, he takes action adverse to those he made hateful comments about. Is everything he said during the campaign irrelevant? Kennedy asked.\u003c/p>\n\u003cp>Francisco asserted, in fact, yes.\u003c/p>\n\u003cp>But, he added, that the Trump travel ban is not a Muslim ban because it does not apply to most of the Muslim-majority countries in the world, and this latest iteration dropped Sudan, Chad and Iraq when they changed their screening and security to minimum standards.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.npr.org/player/embed/604477703/605597062\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>How we got here\u003c/strong>\u003c/p>\n\u003cp>The Trump administration's travel ban reached the Supreme Court posing enormous questions involving the structure of the American government and the values of the country.\u003c/p>\n\u003cp>At issue is the third version of the ban, which President Trump has complained is a \"watered-down\" version. The court allowed it to go into effect while the case was litigated, but the lower courts have ruled that all three versions either violate federal law or are unconstitutional.\u003c/p>\n\u003cp>Like the earlier two bans, version 3.0 bars almost all travelers from mainly Muslim countries, and it adds a ban on travelers from North Korea and government officials from Venezuela.\u003c/p>\n\u003cp>The questions in the case are the stuff of history:\u003c/p>\n\u003cul>\n\u003cli>Can the courts even review a presidential order on immigration that invokes national security?\u003c/li>\n\u003cli>Did the president violate the immigration law's command against discrimination based on nationality?\u003c/li>\n\u003cli>And does the executive order violate the Constitution's ban on religious discrimination?\u003c/li>\n\u003c/ul>\n\u003cp>The travel ban argument will be the last of the term, and its importance is not lost on the court. For the first time since the same-sex-marriage arguments in 2015, the court is allowing same-day distribution of the session's audio. Nonetheless, people started lining up at 7 a.m. Sunday in hopes of snagging a seat.\u003c/p>\n\u003cp>The court will be working under pressure: There are only about two months left in the term and an unusually large number of cases yet to be decided.\u003c/p>\n\u003cp>\u003cstrong>Can the court consider Trump's anti-Muslim rhetoric?\u003c/strong>\u003c/p>\n\u003cp>At Wednesday's argument, those challenging the ban are being represented by lawyer Neal Katyal, who has argued landmark cases in the Supreme Court both for and against executive power in the context of national security.\u003c/p>\n\u003cp>\"It's unconstitutional. It's unnecessary. And most of all, it's un-American,\" he said.\u003c/p>\n\u003cp>But before he can make that case, he will have to deal with the government's first argument — that foreign nationals outside the U.S. have no constitutional rights and no right to litigate in U.S. courts and that the courts have no power to review the president's ban.\u003c/p>\n\u003cp>The Supreme Court has said on many occasions that when it comes to national security, the executive need only come up with \"a facially legitimate, bona fide reason to keep certain people out of our country,\" said John Malcolm, vice president of the Institute for Constitutional Government at the conservative Heritage Foundation.\u003c/p>\n\u003cp>In short, the government argues that as long as it gives reasons for the ban, the courts are not to look beyond those reasons to see whether there is evidence to justify them.\u003c/p>\n\u003cp>\"The president gets daily classified briefings,\" Malcolm said. \"Judges do not.\"\u003c/p>\n\u003cp>But those challenging the ban note that the Constitution gives exclusive power over immigration to Congress and that in 1965, Congress banned discrimination in immigration based on nationality.\u003c/p>\n\u003cp>The government contends that the president's order does not discriminate on the basis of either nationality or religion.\u003c/p>\n\u003cp>But that argument runs up against repeated statements and tweets Trump made during his presidential campaign.\u003c/p>\n\u003cp>At a 2015 rally, for example, Trump declared, \"Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States.\"\u003c/p>\n\u003cp>Once Trump became president, however, he stopped using such categorical language, while at the same time linking the travel ban to his campaign statements. In February 2017, he castigated a federal judge for blocking the first version of the travel ban. Declaring that he would not back down, the president said, \"I keep my campaign promises.\"\u003c/p>\n\u003cp>\"The president has his intemperate moments,\" said the Heritage Foundation's Malcolm. \"But he has said what we are targeting are not Muslims, but jihadists.\"\u003c/p>\n\u003cp>There are 51 majority-Muslim countries and the government maintains that the travel ban is targeting only those that are points of vulnerability, either because they lack the ability to verify the identity and background of those seeking to enter the U.S. or because they have not cooperated with the U.S. government or are \"safe havens of terrorism.\"\u003c/p>\n\u003cp>\"Does the president use the kind of language that plays well in a courtroom? No, I don't think so,\" Malcolm said. \"But it is the president and not the judiciary that is given primary responsibility for protecting our homeland.\"\u003c/p>\n\u003cp>\u003cstrong>Gen. Michael Hayden: \"It actually made us less safe\"\u003c/strong>\u003c/p>\n\u003cp>Making the contrary argument, however, are not just those directly challenging the travel ban, but also \u003ca href=\"https://www.npr.org/2018/04/24/604949251/why-dozens-of-national-security-experts-have-come-out-against-trumps-travel-ban\">an array of former national security experts\u003c/a> who have served in Republican and Democratic administrations alike as well as more than two dozen retired top generals and admirals.\u003c/p>\n\u003cp>In several friend-of-the-court briefs, they argue that the travel ban not only violates American law but also has harmed national security.\u003c/p>\n\u003cp>\"It actually made us less safe,\" said Gen. Michael Hayden, who served as director of the National Security Agency from 1999 to 2005 and then CIA director from 2006 to 2009.\u003c/p>\n\u003cp>In an interview with NPR, Hayden said that since the travel ban went into effect, he has gotten calls from CIA officers still in government. They tell him the ban is making it far more difficult to recruit \"assets\" and spies, making it much harder to get information in the targeted countries — locations that are essential to the fight against ISIS and radical Islam.\u003c/p>\n\u003cp>The national security experts who have filed briefs in the case opposing the travel ban note that no individual from any of the banned countries — which include Iran, Libya, Somalia, Syria and Yemen — has committed a terrorist act on U.S. soil in the last 40 years.\u003c/p>\n\u003cp>Hayden added that the U.S. has often had more trouble with Belgium in reporting on jihadis seeking entry to the U.S. than it has had from any of the countries in the ban.\u003c/p>\n\u003cp>Joining Hayden in signing a series of briefs opposing the travel ban are more than 55 former CIA and deputy CIA directors, counterterrorism chiefs, top diplomats with long records in the Middle East, secretaries of state and the Republican chairman of the 9/11 Commission.\u003c/p>\n\u003cp>They support the challengers' argument that the president has exceeded his authority in enacting the ban.\u003c/p>\n\u003cp>\u003cstrong>This wolf \"comes as a wolf\"\u003c/strong>\u003c/p>\n\u003cp>Expanding on that theme, lawyer Katyal maintained that immigration is exclusively the business of Congress under the Constitution.\u003c/p>\n\u003cp>\"Our founders put Congress in the driver's seat, the exclusive driver's seat in Article I of our Constitution, for a reason,\" he said.\u003c/p>\n\u003cp>They were angry about King George III abusing his immigration powers, Katyal said, and they concluded, \"These decisions are too important to be left to the decision-making of one man.\"\u003c/p>\n\u003cp>But in its brief, the Trump administration counters that Congress has, by statute, given up some of that power.\u003c/p>\n\u003cp>\"Congress has explicitly, by statute, given the president the authority to exclude any aliens or class of aliens when he believes that not doing so would be detrimental to the interest of the United States,\" Malcolm said.\u003c/p>\n\u003cp>Katyal argued that no provision of the Immigration and Naturalization Act gives the president the power to override the immigration act's ban on discrimination based on nationality. His brief quotes the late Justice Antonin Scalia in addressing which branch of government can do what.\u003c/p>\n\u003cp>In a 1988 dissent, Scalia wrote that threats to the Constitution's separation of powers usually come disguised in sheep's clothing. But this wolf, said the justice, \"comes as a wolf.\"\u003c/p>\n\u003cp>And so it is in this case, too, Katyal said. When you read Trump's executive order and his statements about it, he said, it's clear what they are: \"They are wolves coming as wolves.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A decision in the travel ban case is expected in late June.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Strikes Down Part of Immigration Law",
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"content": "\u003cp>\u003cem>Updated at 3:20 p.m.\u003c/em>\u003c/p>\n\u003cp>WASHINGTON — The Supreme Court said Tuesday that part of a federal law that makes it easier to deport immigrants who have been convicted of crimes is too vague to be enforced.\u003c/p>\n\u003cp>The court's 5-4 decision — in an unusual alignment in which new Justice Neil Gorsuch joined the four liberal justices — concerns a catchall provision of immigration law that defines what makes a crime violent. Conviction for a crime of violence makes deportation \"a virtual certainty\" for an immigrant, no matter how long he has lived in the United States, Justice Elena Kagan wrote in her opinion for the court.\u003c/p>\n\u003cp>The decision is a loss for President Trump's administration, which has emphasized stricter enforcement of immigration law. In this case, President Obama's administration took the same position as the Supreme Court in defense of the challenged provision. President Trump tweeted Tuesday evening that the court's decision \"means that Congress must close loopholes that block the removal of dangerous criminal aliens, including aggravated felons.\" He ended by saying \"Keep America Safe!\"\u003c/p>\n\u003cp>https://twitter.com/realDonaldTrump/status/986357230219022342\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the four other conservative justices in dissent, it was the vote of Trump-appointee Gorsuch that was decisive in striking down the provision at issue. Gorsuch did not join all of Kagan's opinion, but he agreed with her that the law could not be left in place. Gorsuch wrote that \"no one should be surprised that the Constitution looks unkindly on any law so vague that reasonable people cannot understand its terms and judges do not know where to begin in applying it.\"\u003c/p>\n\u003cp>The case turned on a decision from 2015 that struck down a similarly worded part of another federal law that imposes longer prison sentences on repeat criminals. The majority opinion in that case was one of the last written by Justice Antonin Scalia, who died in 2016 and whose seat Gorsuch filled.\u003c/p>\n\u003cp>The 2015 decision \"tells us how to resolve this case,\" Kagan wrote.\u003c/p>\n\u003cp>Tuesday's decision involves James Dimaya, a native of the Philippines who came to the United States legally as a 13-year-old in 1992. After he pleaded no contest to two charges of burglary in California, the government began deportation proceedings against him. The government argued among other things that he could be removed from the country because his convictions qualified as crimes of violence that allowed his removal under immigration law.\u003c/p>\n\u003cp>Immigration officials relied on a section of immigration law that lists crimes that make people eligible for deportation. The category in which Dimaya's convictions fell is a crime \"that, by its very nature, involves a substantial risk that physical force ... may be used in the course of committing the offense.\"\u003c/p>\n\u003cp>Immigration judges would have allowed Dimaya to be deported, but the federal appeals court in San Francisco struck down the provision as unconstitutionally vague. The Supreme Court affirmed that ruling Tuesday.\u003c/p>\n\u003cp>The Department of Homeland Security said in a statement after the ruling that it \"significantly undermines\" its \"efforts to remove aliens convicted of certain violent crimes.\"\u003c/p>\n\u003cp>The decision does not, however, interfere with the government's ability to deport people who are convicted of clearly violent crimes, including murder and rape, as well as drug trafficking and other serious offenses. The ruling is limited to a category of crimes that carry a prison term of more than a year, but do not otherwise comfortably fit in a long list of \"aggravated felonies\" that can lead to deportation.\u003c/p>\n\u003cp>The case was initially argued in January 2017 by a court that was short a member because of Scalia's death and the refusal of Senate Republicans to act on Obama's nomination of Judge Merrick Garland. Deadlocked 4-4, the justices scheduled a new round of arguments once Gorsuch joined the court.\u003c/p>\n\u003cp>The case is Sessions v. Dimaya, 15-1498.\u003c/p>\n\u003cp>\u003cem>Associated Press writer Mark Sherman contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Follow Jessica Gresko on Twitter at http://twitter.com/jessicagresko\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the four other conservative justices in dissent, it was the vote of Trump-appointee Gorsuch that was decisive in striking down the provision at issue. Gorsuch did not join all of Kagan's opinion, but he agreed with her that the law could not be left in place. Gorsuch wrote that \"no one should be surprised that the Constitution looks unkindly on any law so vague that reasonable people cannot understand its terms and judges do not know where to begin in applying it.\"\u003c/p>\n\u003cp>The case turned on a decision from 2015 that struck down a similarly worded part of another federal law that imposes longer prison sentences on repeat criminals. The majority opinion in that case was one of the last written by Justice Antonin Scalia, who died in 2016 and whose seat Gorsuch filled.\u003c/p>\n\u003cp>The 2015 decision \"tells us how to resolve this case,\" Kagan wrote.\u003c/p>\n\u003cp>Tuesday's decision involves James Dimaya, a native of the Philippines who came to the United States legally as a 13-year-old in 1992. After he pleaded no contest to two charges of burglary in California, the government began deportation proceedings against him. The government argued among other things that he could be removed from the country because his convictions qualified as crimes of violence that allowed his removal under immigration law.\u003c/p>\n\u003cp>Immigration officials relied on a section of immigration law that lists crimes that make people eligible for deportation. The category in which Dimaya's convictions fell is a crime \"that, by its very nature, involves a substantial risk that physical force ... may be used in the course of committing the offense.\"\u003c/p>\n\u003cp>Immigration judges would have allowed Dimaya to be deported, but the federal appeals court in San Francisco struck down the provision as unconstitutionally vague. The Supreme Court affirmed that ruling Tuesday.\u003c/p>\n\u003cp>The Department of Homeland Security said in a statement after the ruling that it \"significantly undermines\" its \"efforts to remove aliens convicted of certain violent crimes.\"\u003c/p>\n\u003cp>The decision does not, however, interfere with the government's ability to deport people who are convicted of clearly violent crimes, including murder and rape, as well as drug trafficking and other serious offenses. The ruling is limited to a category of crimes that carry a prison term of more than a year, but do not otherwise comfortably fit in a long list of \"aggravated felonies\" that can lead to deportation.\u003c/p>\n\u003cp>The case was initially argued in January 2017 by a court that was short a member because of Scalia's death and the refusal of Senate Republicans to act on Obama's nomination of Judge Merrick Garland. Deadlocked 4-4, the justices scheduled a new round of arguments once Gorsuch joined the court.\u003c/p>\n\u003cp>The case is Sessions v. Dimaya, 15-1498.\u003c/p>\n\u003cp>\u003cem>Associated Press writer Mark Sherman contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Follow Jessica Gresko on Twitter at http://twitter.com/jessicagresko\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Justice Ginsburg Signals Her Intent to Work for Years More",
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"content": "\u003cp>In different circumstances, Justice Ruth Bader Ginsburg might be on a valedictory tour in her final months on the Supreme Court. But in the era of Donald Trump, the 84-year-old Ginsburg is packing her schedule and sending signals she intends to keep her seat on the bench for years.\u003c/p>\n\u003cp>The eldest Supreme Court justice has produced two of the court's four signed opinions so far this term. Outside court, she's the subject of a new documentary that includes video of her working out. And she has hired law clerks to take her through June 2020, just four months before the next presidential election.\u003c/p>\n\u003cp>Soaking in her late-in-life emergence as a liberal icon, she's using the court's monthlong break to embark on a speaking tour that is taking her from the Sundance Film Festival in Utah to law schools and synagogues on the East Coast. One talk will have her in Rhode Island on Tuesday, meaning she won't attend the president's State of the Union speech that night in Washington.\u003c/p>\n\u003cp>She has a standard response for interviewers who ask how long she intends to serve. She will stay as long as she can go \"full steam,\" she says, and she sees as her model John Paul Stevens, who stepped down as a justice in 2010 at age 90.\u003c/p>\n\u003cp>\"I think that Justice Ginsburg has made clear that she has no intention of retiring. I am sure she wants to stay on the court until the end of the Trump presidency if she can,\" said Erwin Chemerinsky, the dean of the law school at the University of California, Berkeley, and a liberal who called on Ginsburg to retire in 2014, when Barack Obama was president and Democrats controlled the Senate.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Chemerinsky noted, \"No one can know whether she will be on the court on Jan. 20, 2021, if Trump serves one term, let alone Jan. 20, 2025, if he is re-elected.\"\u003c/p>\n\u003cp>Ginsburg doesn't talk about Trump in public anymore, not since she criticized him in interviews with The Associated Press and other media outlets before the 2016 election. The comments prompted Trump to tweet that \"Her mind is shot - resign!\" She later apologized.\u003c/p>\n\u003cfigure id=\"attachment_11644867\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11644867\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/01/GettyImages-691165166-800x541.jpg\" alt=\"Justice Ruth Bader Ginsburg in the front row of the U.S. Supreme Court group portrait shortly after Justice Gorsuch had joined in 2017.\" width=\"800\" height=\"541\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-800x541.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-160x108.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-1020x690.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-1920x1298.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-1180x798.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-960x649.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-240x162.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-375x254.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-520x352.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Justice Ruth Bader Ginsburg in the front row of the U.S. Supreme Court group portrait shortly after Justice Gorsuch had joined in 2017. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For Ginsburg, who declined to comment for this story, this year marks the 25th anniversary of her nomination by President Bill Clinton and her confirmation as the second woman on the court.\u003c/p>\n\u003cp>As Ginsburg and most Americans anticipated Hillary Clinton's election win in 2016, she didn't commit to retiring but suggested she would give the first female president the chance to replace \"a flaming feminist litigator,\" as Ginsburg has wryly described herself.\u003c/p>\n\u003cp>When her husband, Martin Ginsburg, died in 2010, Ginsburg said she did not think much about stepping down. If anything, since Stevens' retirement, she has become more outspoken and visible as the leader of the court's liberal wing.\u003c/p>\n\u003cp>Two childhood friends from New York City say \"Kiki,\" the nickname they still use for Ginsburg, has kept the same busy schedule for years.\u003c/p>\n\u003cp>\"I don't think she's slowing down. That's for sure,\" said Ann Kittner, a friend since their days at James Madison High School. Harryette Helsel, who has known Ginsburg since kindergarten, said she has joked with Ginsburg: \"We're retired. Why are you working so hard?\" They both laughed.\u003c/p>\n\u003cp>Helsel pointed to Ginsburg's workout routine, which has been in the spotlight in recent years. Ginsburg started working out with a trainer in 1999 after being treated for colorectal cancer. She does an hour twice a week.\u003c/p>\n\u003cp>A book on the workout by her trainer, with a foreword by Ginsburg, came out last year. \"RBG,\" a documentary about the justice that premiered at Sundance, includes video of her doing pushups and throwing a weighted ball, among other exercises. While pulling on a resistance band, she tells her trainer: \"This is light.\"\u003c/p>\n\u003cp>That video may surprise visitors to the court, who can be struck by how slowly Ginsburg moves, her head often bowed, when the court session ends for the day and justices leave the bench in full view of the audience. Justices Samuel Alito and Elena Kagan have taken to waiting until Ginsburg exits because she otherwise would be left by herself as she makes her way to the justices' robing room.\u003c/p>\n\u003cp>But she has walked at a deliberate pace for years. Once, after remaining seated well after the other justices had departed, she explained that she had accidentally kicked off a shoe during the arguments and couldn't locate it with her feet.\u003c/p>\n\u003cp>Ginsburg usually grips a handrail to go down the few steps from the bench in the courtroom. But there was no railing for her to grab on a November day when she followed a director's instructions through several takes and climbed the steps in front of the courthouse for a scene in \"On the Basis of Sex,\" a movie about Ginsburg's rise in the legal profession that is due out this year.\u003c/p>\n\u003cp>Ginsburg's friend, Ann Claire Williams, a newly retired federal appeals court judge, said sometimes people get the wrong idea from Ginsburg's small stature and think she is frail.\u003c/p>\n\u003cp>\"She is so spry,\" said Williams, adding that Ginsburg's mind is also sharp and her recall on cases \"extraordinary.\"\u003c/p>\n\u003cp>Trump remarked during the campaign that he might get to name four justices while president. But conservatives hoping to lock in a majority on the court during Trump's presidency would be happy for now with just one more vacancy. They are focused not on Ginsburg but on the prospect that Justice Anthony Kennedy might retire this year. Kennedy, too, has hired law clerks for next term, a possible hint he plans on staying. The Above the Law blog first reported on Ginsburg's and Kennedy's clerk hirings.\u003c/p>\n\u003cp>Ginsburg's decision to stay on past Obama's time in the White House upset progressives because they feared — and conservatives now hope — a more conservative justice might replace her.\u003c/p>\n\u003cp>\"The assumption was she can't go till she's 87, but maybe she will,\" said Curt Levey, president of the conservative Committee for Justice.\u003c/p>\n\u003cp>She has been counted out before, wrongly.\u003c/p>\n\u003cp>When Ginsburg had a second cancer surgery, for pancreatic cancer in 2009, Sen. Jim Bunning, R-Ky., inelegantly forecast that she would die within a year. He later apologized.\u003c/p>\n\u003cp>In a speech just over a year later, Ginsburg said, \"I am pleased to report that, contrary to Sen. Bunning's prediction, I am alive and in good health.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Bunning died last year.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In different circumstances, Justice Ruth Bader Ginsburg might be on a valedictory tour in her final months on the Supreme Court. But in the era of Donald Trump, the 84-year-old Ginsburg is packing her schedule and sending signals she intends to keep her seat on the bench for years.\u003c/p>\n\u003cp>The eldest Supreme Court justice has produced two of the court's four signed opinions so far this term. Outside court, she's the subject of a new documentary that includes video of her working out. And she has hired law clerks to take her through June 2020, just four months before the next presidential election.\u003c/p>\n\u003cp>Soaking in her late-in-life emergence as a liberal icon, she's using the court's monthlong break to embark on a speaking tour that is taking her from the Sundance Film Festival in Utah to law schools and synagogues on the East Coast. One talk will have her in Rhode Island on Tuesday, meaning she won't attend the president's State of the Union speech that night in Washington.\u003c/p>\n\u003cp>She has a standard response for interviewers who ask how long she intends to serve. She will stay as long as she can go \"full steam,\" she says, and she sees as her model John Paul Stevens, who stepped down as a justice in 2010 at age 90.\u003c/p>\n\u003cp>\"I think that Justice Ginsburg has made clear that she has no intention of retiring. I am sure she wants to stay on the court until the end of the Trump presidency if she can,\" said Erwin Chemerinsky, the dean of the law school at the University of California, Berkeley, and a liberal who called on Ginsburg to retire in 2014, when Barack Obama was president and Democrats controlled the Senate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Chemerinsky noted, \"No one can know whether she will be on the court on Jan. 20, 2021, if Trump serves one term, let alone Jan. 20, 2025, if he is re-elected.\"\u003c/p>\n\u003cp>Ginsburg doesn't talk about Trump in public anymore, not since she criticized him in interviews with The Associated Press and other media outlets before the 2016 election. The comments prompted Trump to tweet that \"Her mind is shot - resign!\" She later apologized.\u003c/p>\n\u003cfigure id=\"attachment_11644867\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11644867\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/01/GettyImages-691165166-800x541.jpg\" alt=\"Justice Ruth Bader Ginsburg in the front row of the U.S. Supreme Court group portrait shortly after Justice Gorsuch had joined in 2017.\" width=\"800\" height=\"541\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-800x541.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-160x108.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-1020x690.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-1920x1298.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-1180x798.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-960x649.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-240x162.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-375x254.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/01/GettyImages-691165166-520x352.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Justice Ruth Bader Ginsburg in the front row of the U.S. Supreme Court group portrait shortly after Justice Gorsuch had joined in 2017. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For Ginsburg, who declined to comment for this story, this year marks the 25th anniversary of her nomination by President Bill Clinton and her confirmation as the second woman on the court.\u003c/p>\n\u003cp>As Ginsburg and most Americans anticipated Hillary Clinton's election win in 2016, she didn't commit to retiring but suggested she would give the first female president the chance to replace \"a flaming feminist litigator,\" as Ginsburg has wryly described herself.\u003c/p>\n\u003cp>When her husband, Martin Ginsburg, died in 2010, Ginsburg said she did not think much about stepping down. If anything, since Stevens' retirement, she has become more outspoken and visible as the leader of the court's liberal wing.\u003c/p>\n\u003cp>Two childhood friends from New York City say \"Kiki,\" the nickname they still use for Ginsburg, has kept the same busy schedule for years.\u003c/p>\n\u003cp>\"I don't think she's slowing down. That's for sure,\" said Ann Kittner, a friend since their days at James Madison High School. Harryette Helsel, who has known Ginsburg since kindergarten, said she has joked with Ginsburg: \"We're retired. Why are you working so hard?\" They both laughed.\u003c/p>\n\u003cp>Helsel pointed to Ginsburg's workout routine, which has been in the spotlight in recent years. Ginsburg started working out with a trainer in 1999 after being treated for colorectal cancer. She does an hour twice a week.\u003c/p>\n\u003cp>A book on the workout by her trainer, with a foreword by Ginsburg, came out last year. \"RBG,\" a documentary about the justice that premiered at Sundance, includes video of her doing pushups and throwing a weighted ball, among other exercises. While pulling on a resistance band, she tells her trainer: \"This is light.\"\u003c/p>\n\u003cp>That video may surprise visitors to the court, who can be struck by how slowly Ginsburg moves, her head often bowed, when the court session ends for the day and justices leave the bench in full view of the audience. Justices Samuel Alito and Elena Kagan have taken to waiting until Ginsburg exits because she otherwise would be left by herself as she makes her way to the justices' robing room.\u003c/p>\n\u003cp>But she has walked at a deliberate pace for years. Once, after remaining seated well after the other justices had departed, she explained that she had accidentally kicked off a shoe during the arguments and couldn't locate it with her feet.\u003c/p>\n\u003cp>Ginsburg usually grips a handrail to go down the few steps from the bench in the courtroom. But there was no railing for her to grab on a November day when she followed a director's instructions through several takes and climbed the steps in front of the courthouse for a scene in \"On the Basis of Sex,\" a movie about Ginsburg's rise in the legal profession that is due out this year.\u003c/p>\n\u003cp>Ginsburg's friend, Ann Claire Williams, a newly retired federal appeals court judge, said sometimes people get the wrong idea from Ginsburg's small stature and think she is frail.\u003c/p>\n\u003cp>\"She is so spry,\" said Williams, adding that Ginsburg's mind is also sharp and her recall on cases \"extraordinary.\"\u003c/p>\n\u003cp>Trump remarked during the campaign that he might get to name four justices while president. But conservatives hoping to lock in a majority on the court during Trump's presidency would be happy for now with just one more vacancy. They are focused not on Ginsburg but on the prospect that Justice Anthony Kennedy might retire this year. Kennedy, too, has hired law clerks for next term, a possible hint he plans on staying. The Above the Law blog first reported on Ginsburg's and Kennedy's clerk hirings.\u003c/p>\n\u003cp>Ginsburg's decision to stay on past Obama's time in the White House upset progressives because they feared — and conservatives now hope — a more conservative justice might replace her.\u003c/p>\n\u003cp>\"The assumption was she can't go till she's 87, but maybe she will,\" said Curt Levey, president of the conservative Committee for Justice.\u003c/p>\n\u003cp>She has been counted out before, wrongly.\u003c/p>\n\u003cp>When Ginsburg had a second cancer surgery, for pancreatic cancer in 2009, Sen. Jim Bunning, R-Ky., inelegantly forecast that she would die within a year. He later apologized.\u003c/p>\n\u003cp>In a speech just over a year later, Ginsburg said, \"I am pleased to report that, contrary to Sen. Bunning's prediction, I am alive and in good health.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The U.S. Supreme Court ruled today in a 6-2 vote that domestic abusers convicted of misdemeanors can be barred from owning weapons.\u003c/p>\n\u003cp>\u003ca href=\"http://www.supremecourt.gov/opinions/15pdf/14-10154_19m1.pdf\">The majority opinion\u003c/a>, written by Justice Elena Kagan, concludes that misdemeanor assault convictions for domestic violence are sufficient to invoke a federal ban on firearms possession.\u003c/p>\n\u003cp>The plaintiffs in this case, Stephen Voisine and William Armstrong, both of Maine, had pleaded guilty in state court to misdemeanor assault charges after slapping or shoving their romantic partners. Several years later, each man was found to have firearms and ammunition in their possession in violation of a federal law affecting convicted domestic abusers.\u003c/p>\n\u003cp>Both argued that the weapons ban should not apply to them because their misdemeanor cases were for \"reckless conduct\" rather than intentional abuse.\u003c/p>\n\u003cp>Their appeal had been rejected by the 1st U.S. Circuit Court of Appeals, but the plaintiffs carried it on to the Supreme Court, which agreed to hear it. Five justices concurred in Kagan's opinion, while Justice Clarence Thomas dissented and Justice Sonia Sotomayor dissented in part.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Similar domestic abuse laws are now on the books in 34 states and the District of Columbia, triggering the federal weapons ban. But if the Supreme Court had ruled the other way today, that ban would no longer have applied in such cases.\u003c/p>\n\u003cp>The case, \u003cem>Voisine\u003c/em> \u003cem>v. United States\u003c/em>, had attracted attention in recent days because Congress has been in turmoil over efforts to tighten controls on firearms — especially to limit the number of people who can buy guns despite their past actions.\u003c/p>\n\u003cp>When argued in open court on Feb. 29, the case drew attention because Thomas \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/02/29/468576931/clarence-thomas-asks-1st-question-from-supreme-court-bench-in-10-years\">asked questions in oral argument for the first time in a decade\u003c/a>. He drew gasps when he asked several questions from the bench.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Thomas had asked the attorney defending the conviction of the two men whether any other misdemeanor conviction could cause a defendant the loss of \"a constitutional right.\" Thomas has been known as a staunch defender of the Second Amendment guarantee of a right \"to keep and bear arms.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"http://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Supreme+Court+Rules+Domestic+Abusers+Can+Lose+Their+Gun-Ownership+Rights&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court ruled today in a 6-2 vote that domestic abusers convicted of misdemeanors can be barred from owning weapons.\u003c/p>\n\u003cp>\u003ca href=\"http://www.supremecourt.gov/opinions/15pdf/14-10154_19m1.pdf\">The majority opinion\u003c/a>, written by Justice Elena Kagan, concludes that misdemeanor assault convictions for domestic violence are sufficient to invoke a federal ban on firearms possession.\u003c/p>\n\u003cp>The plaintiffs in this case, Stephen Voisine and William Armstrong, both of Maine, had pleaded guilty in state court to misdemeanor assault charges after slapping or shoving their romantic partners. Several years later, each man was found to have firearms and ammunition in their possession in violation of a federal law affecting convicted domestic abusers.\u003c/p>\n\u003cp>Both argued that the weapons ban should not apply to them because their misdemeanor cases were for \"reckless conduct\" rather than intentional abuse.\u003c/p>\n\u003cp>Their appeal had been rejected by the 1st U.S. Circuit Court of Appeals, but the plaintiffs carried it on to the Supreme Court, which agreed to hear it. Five justices concurred in Kagan's opinion, while Justice Clarence Thomas dissented and Justice Sonia Sotomayor dissented in part.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Similar domestic abuse laws are now on the books in 34 states and the District of Columbia, triggering the federal weapons ban. But if the Supreme Court had ruled the other way today, that ban would no longer have applied in such cases.\u003c/p>\n\u003cp>The case, \u003cem>Voisine\u003c/em> \u003cem>v. United States\u003c/em>, had attracted attention in recent days because Congress has been in turmoil over efforts to tighten controls on firearms — especially to limit the number of people who can buy guns despite their past actions.\u003c/p>\n\u003cp>When argued in open court on Feb. 29, the case drew attention because Thomas \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/02/29/468576931/clarence-thomas-asks-1st-question-from-supreme-court-bench-in-10-years\">asked questions in oral argument for the first time in a decade\u003c/a>. He drew gasps when he asked several questions from the bench.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Thomas had asked the attorney defending the conviction of the two men whether any other misdemeanor conviction could cause a defendant the loss of \"a constitutional right.\" Thomas has been known as a staunch defender of the Second Amendment guarantee of a right \"to keep and bear arms.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"http://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Supreme+Court+Rules+Domestic+Abusers+Can+Lose+Their+Gun-Ownership+Rights&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>WASHINGTON — The Supreme Court struck down Texas' widely replicated regulation of abortion clinics Monday in the court's biggest abortion case since the early 1990s.\u003c/p>\n\u003cp>The justices voted 5-3 in favor of Texas clinics that had argued the regulations were a thinly veiled attempt to make it harder for women to get an abortion in the nation's second-most populous state.\u003c/p>\n\u003cp>Justice Stephen Breyer's majority opinion for the court held that the regulations are medically unnecessary and unconstitutionally limit a woman's right to an abortion.\u003c/p>\n\u003cp>Texas had argued that its 2013 law and subsequent regulations were needed to protect women's health. The rules required doctors who perform abortions to have admitting privileges at nearby hospitals and forced clinics to meet hospital-like standards for outpatient surgery.\u003c/p>\n\u003cp>Breyer wrote that \"the surgical-center requirement, like the admitting privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions and constitutes an 'undue burden' on their constitutional right to do so.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined Breyer.\u003c/p>\n\u003cp>Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas dissented.\u003c/p>\n\u003cp>Thomas wrote that the decision \"exemplifies the court's troubling tendency 'to bend the rules when any effort to limit abortion, or even to speak in opposition to abortion, is at issue.'\" Thomas was quoting an earlier abortion dissent from Justice Antonin Scalia, who died in February.\u003c/p>\n\u003cp>Abortion providers said the rules would have cut the number of abortion clinics in the state by three-fourths if they had been allowed to take full effect.\u003c/p>\n\u003cp>When then-Gov. Rick Perry signed the law in 2013, there were about 40 clinics throughout the state. That number dropped to under 20 and would have been cut in half again if the law had taken full effect, the clinics said.\u003c/p>\n\u003cp>Texas is among 10 states with similar admitting privileges requirements, according to the Center for Reproductive Rights. The requirement is in effect in most of Texas, Missouri, North Dakota and Tennessee. It is on hold in Alabama, Kansas, Louisiana, Mississippi, Oklahoma and Wisconsin.\u003c/p>\n\u003cp>The hospital-like outpatient surgery standards are in place in Michigan, Missouri, Pennsylvania and Virginia, and it is blocked in Tennessee and Texas, according to the center, which represented the clinics in the Texas case.\u003c/p>\n\u003cp>Texas passed a broad bill imposing several abortion restrictions in 2013. Texas clinics sued immediately to block it claiming it impermissibly interfered with a woman's constitutional right to an abortion. The clinics won several favorable rulings in a federal district court in Texas. But each time, the New Orleans-based 5th U.S. Circuit Court of Appeals sided with the state, at first allowing challenged provisions to take effect and then upholding the law with only slight exceptions.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Where does Monday's decision fit in to the Supreme Court's historical rulings? \u003ca href=\"http://www.nytimes.com/2016/06/28/us/supreme-court-texas-abortion.html\" target=\"_blank\">Some context\u003c/a> from The New York Times:\u003c/p>\n\u003cblockquote>\u003cp>Monday’s case, Whole Woman’s Health v. Hellerstedt, No. 15-274, concerned a more fundamental question and seemed poised to be the third installment in a legal trilogy on the scope of the constitutional right to abortion, one that started in 1973 with Roe v. Wade, which recognized a constitutional right to abortion, and continued in 1992 with Planned Parenthood v. Casey.\u003c/p>\n\u003cp>The Casey decision said states may not place undue burdens on the constitutional right to abortion before fetal viability. Undue burdens, it said, included “unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion.”\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined Breyer.\u003c/p>\n\u003cp>Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas dissented.\u003c/p>\n\u003cp>Thomas wrote that the decision \"exemplifies the court's troubling tendency 'to bend the rules when any effort to limit abortion, or even to speak in opposition to abortion, is at issue.'\" Thomas was quoting an earlier abortion dissent from Justice Antonin Scalia, who died in February.\u003c/p>\n\u003cp>Abortion providers said the rules would have cut the number of abortion clinics in the state by three-fourths if they had been allowed to take full effect.\u003c/p>\n\u003cp>When then-Gov. Rick Perry signed the law in 2013, there were about 40 clinics throughout the state. That number dropped to under 20 and would have been cut in half again if the law had taken full effect, the clinics said.\u003c/p>\n\u003cp>Texas is among 10 states with similar admitting privileges requirements, according to the Center for Reproductive Rights. The requirement is in effect in most of Texas, Missouri, North Dakota and Tennessee. It is on hold in Alabama, Kansas, Louisiana, Mississippi, Oklahoma and Wisconsin.\u003c/p>\n\u003cp>The hospital-like outpatient surgery standards are in place in Michigan, Missouri, Pennsylvania and Virginia, and it is blocked in Tennessee and Texas, according to the center, which represented the clinics in the Texas case.\u003c/p>\n\u003cp>Texas passed a broad bill imposing several abortion restrictions in 2013. Texas clinics sued immediately to block it claiming it impermissibly interfered with a woman's constitutional right to an abortion. The clinics won several favorable rulings in a federal district court in Texas. But each time, the New Orleans-based 5th U.S. Circuit Court of Appeals sided with the state, at first allowing challenged provisions to take effect and then upholding the law with only slight exceptions.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Where does Monday's decision fit in to the Supreme Court's historical rulings? \u003ca href=\"http://www.nytimes.com/2016/06/28/us/supreme-court-texas-abortion.html\" target=\"_blank\">Some context\u003c/a> from The New York Times:\u003c/p>\n\u003cblockquote>\u003cp>Monday’s case, Whole Woman’s Health v. Hellerstedt, No. 15-274, concerned a more fundamental question and seemed poised to be the third installment in a legal trilogy on the scope of the constitutional right to abortion, one that started in 1973 with Roe v. Wade, which recognized a constitutional right to abortion, and continued in 1992 with Planned Parenthood v. Casey.\u003c/p>\n\u003cp>The Casey decision said states may not place undue burdens on the constitutional right to abortion before fetal viability. Undue burdens, it said, included “unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion.”\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>WASHINGTON -- In a major victory for affirmative action, a divided Supreme Court on Thursday upheld the University of Texas admissions program that takes account of race.\u003c/p>\n\u003cp>The justices voted in favor of the Texas program by a 4-3 vote, an outcome that was dramatically altered by the death of Justice Antonin Scalia, who opposed affirmative action.\u003c/p>\n\u003cp>The university considers race among many factors in admitting the last quarter of incoming freshman classes. Texas fills most of the freshman class by guaranteeing admission to students who graduate in the top 10 percent of their Texas high school class.\u003c/p>\n\u003cp>Justice Anthony Kennedy said in his majority opinion that the Texas plan complied with earlier court rulings allowing colleges to take account of race in pursuit of diversity on campus. \"The university has thus met its burden of showing that the admissions policy it used ... was narrowly tailored,\" Kennedy wrote.\u003c/p>\n\u003cp>The court's three more conservative justices dissented, and Justice Samuel Alito read portions of his 51-page dissent, more than twice as long as Kennedy's opinion, from the bench. \"This is affirmative action gone wild,\" Alito said. The university \"relies on a series of unsupported and noxious racial assumptions,\" he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a separate dissent, Justice Clarence Thomas repeated his view that the Constitution outlaws any use of race in higher education admissions.\u003c/p>\n\u003cp>Just seven justices participated in the decision since Scalia's death in February. Justice Elena Kagan sat out the case because she worked on it while serving in the Justice Department.\u003c/p>\n\u003cp>The high court ruled in the case of Abigail Fisher, a white Texan who was denied admission to the university's flagship campus in Austin in 2008. Fisher claimed she was rejected while African-American applicants with lower grades and test scores were admitted. The school said Fisher, who did not graduate in the top 10 percent of her high school class, would not have been admitted with or without race as a factor. But officials did conditionally offer to allow her to transfer in as a sophomore if she maintained a 3.2 grade-point average at another public college in Texas.\u003c/p>\n\u003cp>Instead, Fisher went to Louisiana State University, from which she graduated in 2012, and pursued her lawsuit. Fisher was recruited for the suit by Edward Blum, an opponent of racial preferences who has been remarkably successful in persuading the Supreme Court to hear cases challenging the use of race in education and politics. Blum was behind a major challenge to the landmark Voting Rights Act that resulted in the court eviscerating a key provision of the law, and he also led an unsuccessful challenge to states' widespread practice of counting all their residents, not just those eligible to vote, in drawing legislative districts.\u003c/p>\n\u003cp>Justices heard Fisher's case once before and issued an inconclusive ruling in 2013 that sent her case back to a lower court and set the stage for Thursday's decision.\u003c/p>\n\u003cp>In 2003, the justices reaffirmed the consideration of race in the quest for diversity on campus. Their decision then set a goal of doing away with such programs in 25 years.\u003c/p>\n\u003cp>Separate legal challenges have been filed to affirmative action plans at the University of North Carolina and Harvard University. It was unclear how those cases would be affected by the decision in the Texas case.\u003c/p>\n\u003cp>Texas is unique in marrying the top 10 plan to a separate admissions review in which race is one of many factors considered. The university's current freshman class is 41 percent white, 23 percent Asian, 22 percent Hispanic, 5 percent African-American and 9 percent other.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Eight states prohibit the use of race in public college admissions: Arizona, California, Florida, Michigan, Nebraska, New Hampshire, Oklahoma and Washington.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>WASHINGTON -- In a major victory for affirmative action, a divided Supreme Court on Thursday upheld the University of Texas admissions program that takes account of race.\u003c/p>\n\u003cp>The justices voted in favor of the Texas program by a 4-3 vote, an outcome that was dramatically altered by the death of Justice Antonin Scalia, who opposed affirmative action.\u003c/p>\n\u003cp>The university considers race among many factors in admitting the last quarter of incoming freshman classes. Texas fills most of the freshman class by guaranteeing admission to students who graduate in the top 10 percent of their Texas high school class.\u003c/p>\n\u003cp>Justice Anthony Kennedy said in his majority opinion that the Texas plan complied with earlier court rulings allowing colleges to take account of race in pursuit of diversity on campus. \"The university has thus met its burden of showing that the admissions policy it used ... was narrowly tailored,\" Kennedy wrote.\u003c/p>\n\u003cp>The court's three more conservative justices dissented, and Justice Samuel Alito read portions of his 51-page dissent, more than twice as long as Kennedy's opinion, from the bench. \"This is affirmative action gone wild,\" Alito said. The university \"relies on a series of unsupported and noxious racial assumptions,\" he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a separate dissent, Justice Clarence Thomas repeated his view that the Constitution outlaws any use of race in higher education admissions.\u003c/p>\n\u003cp>Just seven justices participated in the decision since Scalia's death in February. Justice Elena Kagan sat out the case because she worked on it while serving in the Justice Department.\u003c/p>\n\u003cp>The high court ruled in the case of Abigail Fisher, a white Texan who was denied admission to the university's flagship campus in Austin in 2008. Fisher claimed she was rejected while African-American applicants with lower grades and test scores were admitted. The school said Fisher, who did not graduate in the top 10 percent of her high school class, would not have been admitted with or without race as a factor. But officials did conditionally offer to allow her to transfer in as a sophomore if she maintained a 3.2 grade-point average at another public college in Texas.\u003c/p>\n\u003cp>Instead, Fisher went to Louisiana State University, from which she graduated in 2012, and pursued her lawsuit. Fisher was recruited for the suit by Edward Blum, an opponent of racial preferences who has been remarkably successful in persuading the Supreme Court to hear cases challenging the use of race in education and politics. Blum was behind a major challenge to the landmark Voting Rights Act that resulted in the court eviscerating a key provision of the law, and he also led an unsuccessful challenge to states' widespread practice of counting all their residents, not just those eligible to vote, in drawing legislative districts.\u003c/p>\n\u003cp>Justices heard Fisher's case once before and issued an inconclusive ruling in 2013 that sent her case back to a lower court and set the stage for Thursday's decision.\u003c/p>\n\u003cp>In 2003, the justices reaffirmed the consideration of race in the quest for diversity on campus. Their decision then set a goal of doing away with such programs in 25 years.\u003c/p>\n\u003cp>Separate legal challenges have been filed to affirmative action plans at the University of North Carolina and Harvard University. It was unclear how those cases would be affected by the decision in the Texas case.\u003c/p>\n\u003cp>Texas is unique in marrying the top 10 plan to a separate admissions review in which race is one of many factors considered. The university's current freshman class is 41 percent white, 23 percent Asian, 22 percent Hispanic, 5 percent African-American and 9 percent other.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Eight states prohibit the use of race in public college admissions: Arizona, California, Florida, Michigan, Nebraska, New Hampshire, Oklahoma and Washington.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>President Obama’s choice to serve as the newest Supreme Court justice is Merrick Garland, a moderate federal appeals court judge and former prosecutor with a reputation for collegiality and meticulous legal reasoning.\u003c/p>\n\u003cp>Garland, who has won past Republican support, has “more federal judicial experience than any other Supreme Court nominee in history,” a White House official said. “No one is better suited to immediately serve on the Supreme Court.”\u003c/p>\n\u003cp>Garland is the latest judge from the federal appeals court in Washington to be promoted to the current Supreme Court. If confirmed, he would join Chief Justice John Roberts and Justices Ruth Bader Ginsburg and Clarence Thomas, all of whom served on the D.C. appeals court before being elevated. So did the late Antonin Scalia, who died last month after nearly 30 years on the nation’s highest court.\u003c/p>\n\u003cp>The selection of Garland, 63, could disappoint avid liberals, who wanted Obama to pick someone who would “take on” the court’s conservatives in much the way Justice Scalia “takes on” the court’s liberals and moderates. And the choice of Garland, a white man who attended Harvard Law School, could also dismay advocates who had hoped for a more diverse candidate from the African-American or Asian legal communities.\u003c/p>\n\u003cp>But Garland, who currently serves as the chief judge of the nation’s second-highest court, takes care to emphasize his humble roots. During summer breaks in college, he worked as a shoe store stock clerk and he sold his comic book collection to help pay his tuition.\u003c/p>\n\u003cfigure id=\"attachment_10897927\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-10897927\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/GarlandApplause-800x463.jpg\" alt=\"Judge Merrick Garland (C) speaks after President Obama, with Vice President Joe Biden, announced Garland's nomination to the Supreme Court on March 16, 2016.\" width=\"800\" height=\"463\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-800x463.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-400x232.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-1180x683.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-960x556.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Judge Merrick Garland (C) speaks after President Obama, with Vice President Joe Biden, announced Garland’s nomination to the Supreme Court on March 16, 2016. \u003ccite>(NICHOLAS KAMM/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As late as last week, Republicans like Utah Sen. Orrin Hatch offered praise for Garland, though it’s far from clear whether he and Senate leaders will budge on their determination to avoid hearings or votes on any nominee until a new president takes office in 2017.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Garland has a lengthy record on the D.C. circuit court, but that court deals mainly with regulatory issues and not hot-button social issues of the day, such as abortion and gay rights. That has served as a confirmation advantage for previous nominees from the appeals court, and it likely will for Garland, too. Republican interest groups such as the Judicial Crisis Network signaled they would take issue with his vote to rehear a case over D.C.’s tough gun restrictions.\u003c/p>\n\u003cp>\u003cstrong>Another Chicagoan\u003c/strong>\u003c/p>\n\u003cp>Garland grew up in the Chicago area. His mother, Shirley, was a director of volunteer services and his father, Cyril, ran a small business out of the basement of the family home, advertising area clothing stores. Garland went to public schools and was valedictorian of his high school class in Skokie. From there, it was on to Harvard College, on scholarship, where he graduated first in his class. At Harvard Law School, he was an editor on the Law Review.\u003c/p>\n\u003cp>He is married to Lynn Rosenmann, an engineer whom he met in Boston while she was getting a master’s degree in physics at MIT. Rosenmann’s grandfather springs from Democratic party royalty, having advised Presidents Franklin Roosevelt and Harry Truman. The Garlands have two daughters.\u003c/p>\n\u003cp>If confirmed, Garland would be the third Jewish justice, meaning that with six Catholics also serving, the Supreme Court for the first time would have no Protestant justices.\u003c/p>\n\u003cp>\u003cstrong>‘The Perfect Background’\u003c/strong>\u003c/p>\n\u003cp>Garland began his legal career clerking for two iconic judges: first, conservative Judge Henry Friendly on the federal appeals court in New York, and then liberal Justice William Brennan on the U.S. Supreme Court.\u003c/p>\n\u003cp>In 1979, he served as a special assistant to Attorney General Benjamin Civiletti. With the switch in administrations in 1981, he joined the large Washington law firm of Arnold & Porter, becoming a partner four years later. While in private practice, he did corporate litigation and also taught antitrust courses at Harvard Law School.\u003c/p>\n\u003cp>[contextly_sidebar id=”7LwsQWwia91SC91uA3C532GDeTZDRaFC”]\u003c/p>\n\u003cp>But Garland longed to return to public service and wanted more experience in the rough and tumble of trial work. So in 1989, he joined the U.S. attorney’s office in Washington, D.C., as a line prosecutor, trying cases that ranged from drug trafficking to complex public corruption charges.\u003c/p>\n\u003cp>In 1993, he joined the newly installed Clinton administration as deputy assistant attorney general in the Justice Department’s criminal division. A year later, Deputy Attorney General Jamie Gorelick, the department’s second in command, asked Garland to be her principal deputy. She said she chose him because he had “the perfect background,” having worked in the department at both high and low levels. Moreover, says Gorelick, “He had shown himself to be a brilliant lawyer with excellent judgment, utterly without any political agenda, other than to do right.”\u003c/p>\n\u003cp>\u003cstrong>A String of Bombing Cases\u003c/strong>\u003c/p>\n\u003cp>Garland was soon put to the test. He supervised the investigations into the Unabomber and the Oklahoma City and Atlanta Olympics bombings, among others. In the Oklahoma City case, he not only headed the investigation, he put together the trial team that prosecuted Timothy McVeigh, winning praise from the state’s Republican governor, Frank Keating.\u003c/p>\n\u003cp>Gorelick says one of the Garland traits she treasured was his instinct to “question the received wisdom” and not to jump to conclusions. That paid off again and again, she says, when initial evidence seemed to point in one direction in major cases, only to evaporate on later inspection.\u003c/p>\n\u003cp>Clinton appointed Garland to the U.S. Court of Appeals in 1995. After a long Republican stall in the Senate that lasted 19 months, he was confirmed by a vote of 76-23.\u003c/p>\n\u003cp>\u003cstrong>A Moderate But Persuasive Liberal\u003c/strong>\u003c/p>\n\u003cp>On the appeals court, Garland has been a moderate liberal, with a definite pro-prosecution bent in criminal cases. Indeed, his views in the area of criminal law are considerably more conservative than those of the man he would replace, Justice John Paul Stevens.\u003c/p>\n\u003cp>But Garland has also been a persuasive voice for liberals, managing to bring conservatives over to his side on issues ranging from the environment to national security. For example, in a case involving Chinese Uighurs detained at Guantanamo Bay, Cuba, Garland asked the Justice Department for the particulars of its evidence and then wrote an opinion for himself and two conservative judges that concluded that the Bush administration’s claim that they were enemy combatants was utterly unsupported by the evidence.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>So respected is Garland as a judge that Chief Justice Roberts, at his confirmation hearing, answered a question about one of his majority opinions by noting that Judge Garland had dissented and, said Roberts, “Any time Judge Garland disagrees, you know you’re in a difficult area.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003cimg decoding=\"async\" src=\"http://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Merrick+Garland+Has+A+Reputation+Of+Collegiality%2C+Record+Of+Republican+Support&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\" alt=\"\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>President Obama’s choice to serve as the newest Supreme Court justice is Merrick Garland, a moderate federal appeals court judge and former prosecutor with a reputation for collegiality and meticulous legal reasoning.\u003c/p>\n\u003cp>Garland, who has won past Republican support, has “more federal judicial experience than any other Supreme Court nominee in history,” a White House official said. “No one is better suited to immediately serve on the Supreme Court.”\u003c/p>\n\u003cp>Garland is the latest judge from the federal appeals court in Washington to be promoted to the current Supreme Court. If confirmed, he would join Chief Justice John Roberts and Justices Ruth Bader Ginsburg and Clarence Thomas, all of whom served on the D.C. appeals court before being elevated. So did the late Antonin Scalia, who died last month after nearly 30 years on the nation’s highest court.\u003c/p>\n\u003cp>The selection of Garland, 63, could disappoint avid liberals, who wanted Obama to pick someone who would “take on” the court’s conservatives in much the way Justice Scalia “takes on” the court’s liberals and moderates. And the choice of Garland, a white man who attended Harvard Law School, could also dismay advocates who had hoped for a more diverse candidate from the African-American or Asian legal communities.\u003c/p>\n\u003cp>But Garland, who currently serves as the chief judge of the nation’s second-highest court, takes care to emphasize his humble roots. During summer breaks in college, he worked as a shoe store stock clerk and he sold his comic book collection to help pay his tuition.\u003c/p>\n\u003cfigure id=\"attachment_10897927\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-10897927\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/GarlandApplause-800x463.jpg\" alt=\"Judge Merrick Garland (C) speaks after President Obama, with Vice President Joe Biden, announced Garland's nomination to the Supreme Court on March 16, 2016.\" width=\"800\" height=\"463\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-800x463.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-400x232.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-1180x683.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2016/03/GarlandApplause-960x556.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Judge Merrick Garland (C) speaks after President Obama, with Vice President Joe Biden, announced Garland’s nomination to the Supreme Court on March 16, 2016. \u003ccite>(NICHOLAS KAMM/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As late as last week, Republicans like Utah Sen. Orrin Hatch offered praise for Garland, though it’s far from clear whether he and Senate leaders will budge on their determination to avoid hearings or votes on any nominee until a new president takes office in 2017.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garland has a lengthy record on the D.C. circuit court, but that court deals mainly with regulatory issues and not hot-button social issues of the day, such as abortion and gay rights. That has served as a confirmation advantage for previous nominees from the appeals court, and it likely will for Garland, too. Republican interest groups such as the Judicial Crisis Network signaled they would take issue with his vote to rehear a case over D.C.’s tough gun restrictions.\u003c/p>\n\u003cp>\u003cstrong>Another Chicagoan\u003c/strong>\u003c/p>\n\u003cp>Garland grew up in the Chicago area. His mother, Shirley, was a director of volunteer services and his father, Cyril, ran a small business out of the basement of the family home, advertising area clothing stores. Garland went to public schools and was valedictorian of his high school class in Skokie. From there, it was on to Harvard College, on scholarship, where he graduated first in his class. At Harvard Law School, he was an editor on the Law Review.\u003c/p>\n\u003cp>He is married to Lynn Rosenmann, an engineer whom he met in Boston while she was getting a master’s degree in physics at MIT. Rosenmann’s grandfather springs from Democratic party royalty, having advised Presidents Franklin Roosevelt and Harry Truman. The Garlands have two daughters.\u003c/p>\n\u003cp>If confirmed, Garland would be the third Jewish justice, meaning that with six Catholics also serving, the Supreme Court for the first time would have no Protestant justices.\u003c/p>\n\u003cp>\u003cstrong>‘The Perfect Background’\u003c/strong>\u003c/p>\n\u003cp>Garland began his legal career clerking for two iconic judges: first, conservative Judge Henry Friendly on the federal appeals court in New York, and then liberal Justice William Brennan on the U.S. Supreme Court.\u003c/p>\n\u003cp>In 1979, he served as a special assistant to Attorney General Benjamin Civiletti. With the switch in administrations in 1981, he joined the large Washington law firm of Arnold & Porter, becoming a partner four years later. While in private practice, he did corporate litigation and also taught antitrust courses at Harvard Law School.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But Garland longed to return to public service and wanted more experience in the rough and tumble of trial work. So in 1989, he joined the U.S. attorney’s office in Washington, D.C., as a line prosecutor, trying cases that ranged from drug trafficking to complex public corruption charges.\u003c/p>\n\u003cp>In 1993, he joined the newly installed Clinton administration as deputy assistant attorney general in the Justice Department’s criminal division. A year later, Deputy Attorney General Jamie Gorelick, the department’s second in command, asked Garland to be her principal deputy. She said she chose him because he had “the perfect background,” having worked in the department at both high and low levels. Moreover, says Gorelick, “He had shown himself to be a brilliant lawyer with excellent judgment, utterly without any political agenda, other than to do right.”\u003c/p>\n\u003cp>\u003cstrong>A String of Bombing Cases\u003c/strong>\u003c/p>\n\u003cp>Garland was soon put to the test. He supervised the investigations into the Unabomber and the Oklahoma City and Atlanta Olympics bombings, among others. In the Oklahoma City case, he not only headed the investigation, he put together the trial team that prosecuted Timothy McVeigh, winning praise from the state’s Republican governor, Frank Keating.\u003c/p>\n\u003cp>Gorelick says one of the Garland traits she treasured was his instinct to “question the received wisdom” and not to jump to conclusions. That paid off again and again, she says, when initial evidence seemed to point in one direction in major cases, only to evaporate on later inspection.\u003c/p>\n\u003cp>Clinton appointed Garland to the U.S. Court of Appeals in 1995. After a long Republican stall in the Senate that lasted 19 months, he was confirmed by a vote of 76-23.\u003c/p>\n\u003cp>\u003cstrong>A Moderate But Persuasive Liberal\u003c/strong>\u003c/p>\n\u003cp>On the appeals court, Garland has been a moderate liberal, with a definite pro-prosecution bent in criminal cases. Indeed, his views in the area of criminal law are considerably more conservative than those of the man he would replace, Justice John Paul Stevens.\u003c/p>\n\u003cp>But Garland has also been a persuasive voice for liberals, managing to bring conservatives over to his side on issues ranging from the environment to national security. For example, in a case involving Chinese Uighurs detained at Guantanamo Bay, Cuba, Garland asked the Justice Department for the particulars of its evidence and then wrote an opinion for himself and two conservative judges that concluded that the Bush administration’s claim that they were enemy combatants was utterly unsupported by the evidence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So respected is Garland as a judge that Chief Justice Roberts, at his confirmation hearing, answered a question about one of his majority opinions by noting that Judge Garland had dissented and, said Roberts, “Any time Judge Garland disagrees, you know you’re in a difficult area.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003cimg decoding=\"async\" src=\"http://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Merrick+Garland+Has+A+Reputation+Of+Collegiality%2C+Record+Of+Republican+Support&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\" alt=\"\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>WASHINGTON — President Obama announced Wednesday he is nominating appellate Judge Merrick Garland to the Supreme Court, urging Republicans to approve a longtime jurist and former prosecutor known as “one of America’s sharpest legal minds.”\u003c/p>\n\u003cp>Senate Majority Leader Mitch McConnell, R-Kentucky, immediately renewed a vow to block any Supreme Court nomination Obama makes.\u003c/p>\n\u003cp>Garland, 63, is the chief judge for the United States Court of Appeals for the District of Columbia Circuit, a court whose influence over federal policy and national security matters has made it a proving ground for potential Supreme Court justices.\u003c/p>\n\u003cp>He would replace conservative, Justice Antonin Scalia, who died last month, leaving behind a bitter election-year fight over the future of the court.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=NLLpws7WjmI\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Obama announced his choice at a ceremony in the Rose Garden, with Democratic Senate leaders and allies looking on.\u003c/p>\n\u003cp>Garland, who had been passed over before, choked back tears, calling the nomination “the greatest honor of my life.” He described his grandparents’ flight from anti-Semitism in Eastern Europe and his modest upbringing.\u003c/p>\n\u003cp>He said he viewed a judge’s job as a mandate to set aside personal preferences to “follow the law, not make it.”\u003c/p>\n\u003cp>Obama held up Merrick as diligent public servant, highlighting his work leading the investigation into the Oklahoma City bombing. He quoted past praise for Garland from Chief Justice John Roberts and Sen. Orrin Hatch. And he said Garland’s talent for bringing together “odd couples” made him a consensus candidate best poised to become an immediate force on the nation’s highest court.\u003c/p>\n\u003cp>The president urged the Republican-led Senate not to let the particularly fierce and partisan political climate quash the nomination of a “serious man.”\u003c/p>\n\u003cp>“This is precisely the time when we should play it straight,” Obama said.\u003c/p>\n\u003cp>Garland was confirmed to the D.C. Circuit in 1997 with backing from a majority in both parties, including seven current Republicans senators.\u003c/p>\n\u003cp>Sen. Chuck Schumer of New York, the No. 3 Democratic leader, called Garland’s selection “a bipartisan choice.”\u003c/p>\n\u003cp>[contextly_sidebar id=”aXqwMXVKwmMkBdcRFabDUOzVvWJ91Dph”]\u003c/p>\n\u003cp>Senate Minority Leader Harry Reid, who spoke to Obama Wednesday morning, said in brief remarks on the Senate floor that Republicans must act on the president’s choice. “He’s doing his job this morning, they should do theirs,” said the Nevada Democrat.\u003c/p>\n\u003cp>If confirmed, Garland would be expected to align with the more liberal members, but he is not viewed as down-the-line liberal. Particularly on criminal defense and national security cases, he’s earned a reputation as centrist, and one of the few Democratic-appointed judges Republicans might have fast-tracked to confirmation — under other circumstances.\u003c/p>\n\u003cp>But in the current climate, Garland remains a tough sell. Republicans control the Senate, which must confirm any nominee, and GOP leaders want to leave the choice to the next president, denying Obama a chance to alter the ideological balance of the court before he leaves office next January.\u003c/p>\n\u003cp>Wednesday morning, McConnell cited \u003ca href=\"http://www.nytimes.com/2016/02/23/us/politics/joe-biden-argued-for-delaying-supreme-court-picks-in-1992.html?_r=0\" target=\"_blank\" rel=\"noopener\">a June 1992 declaration\u003c/a> by Joe Biden — then a Democratic senator from Delaware, now Obama’s vice president — that as a general practice, Supreme Court nominations ought to be delayed during presidential election years.\u003c/p>\n\u003cp>“The Senate will continue to observe the Biden Rule so that the American people have a voice in this momentous decision,” McConnell said in a statement delivered immediately after Obama introduced Garland as his nominee.\u003c/p>\n\u003cp>“The American people may well elect a president who decides to nominate Judge Garland for Senate consideration,” McConnell said. “The next president may also nominate someone very different. Either way, our view is this: Give the people a voice in the filling of this vacancy.”\u003c/p>\n\u003cp>[NPR Supreme Court correspondent Nina Totenberg said before Obama’s announcement that she had learned that Senate Republicans have signaled via “back channels” that they would approve Garland, but only after the general election in November.]\u003c/p>\n\u003cp>Ahead of Obama’s announcement, the Republican Party set up a task force that will orchestrate attack ads, petitions and media outreach. The aim is to bolster Senate Republicans’ strategy of denying consideration of Obama’s nominee. The party’s chairman, Reince Priebus, described it as the GOP’s most comprehensive judicial response effort ever.\u003c/p>\n\u003cp>On the other side, Obama allies have been drafted to run a Democratic effort that will involve liberal groups that hope an Obama nominee could pull the high court’s ideological balance to the left. The effort would target states where activists believe Republicans will feel political heat for opposing hearings once Obama announced his nominee.\u003c/p>\n\u003cp>For Obama, Garland represents a significant departure from his past two Supreme Court choices. In nominating Sonia Sotomayor and Elena Kagan, the president eagerly seized the chance to broaden the court’s diversity and rebalance the overwhelming male institution. Sotomayor was the first Hispanic confirmed to the court, Kagan only the fourth woman.\u003c/p>\n\u003cp>Garland — a white, male jurist with an Ivy League pedigree and career spent largely in the upper echelon of Washington’s legal elite — breaks no barriers. At 63 years old, he would be the oldest Supreme Court nominee since Lewis Powell, who was 64 when he was confirmed in late 1971.\u003c/p>\n\u003cp>Presidents tend to appoint young judges with the hope they will shape the court’s direction for as long as possible.\u003c/p>\n\u003cp>Those factors had, until now, made Garland something of a perpetual bridesmaid, repeatedly on Obama’s Supreme Court lists, but never chosen.\u003c/p>\n\u003cp>But Garland found his moment at time when Democrats are seeking to apply maximum pressure on Republicans. A key part of their strategy is casting Republicans as knee-jerk obstructionists ready to shoot down a nominee that many in their own ranks once considered a consensus candidate. In 2010, Utah Sen. Orrin Hatch called Garland “terrific” and said he could be confirmed “virtually unanimously.”\u003c/p>\n\u003cp>The White House planned to highlight Hatch’s past support, as well as other glowing comments about Garland from conservative groups.\u003c/p>\n\u003cp>A native of Chicago and graduate of Harvard College and Harvard Law School, Garland clerked for two appointees of Republican President Dwight D. Eisenhower — the liberal U.S. Supreme Court Justice William Brennan Jr. and Judge Henry J. Friendly, for whom Chief Justice John Roberts also clerked.\u003c/p>\n\u003cp>In 1988, he gave up a plush partner’s office in a powerhouse law firm to cut his teeth in criminal cases. As an assistant U.S. attorney, he joined the team prosecuting a Reagan White House aide charged with illegal lobbying and did early work on the drug case against then-D.C. Mayor Marion Barry. He held a top-ranking post in the Justice Department when he was dispatched to Oklahoma City the day after the bombing at the federal courthouse to supervise the investigation. The case made his career and his reputation. He oversaw the convictions of Timothy McVeigh and Terry Nichols, and went on to supervise the investigation into Unabomber Ted Kaczynski.\u003c/p>\n\u003cp>President Bill Clinton first nominated him to the D.C. Circuit in 1995.\u003c/p>\n\u003cp>His prolonged confirmation process may prove to have prepared him for the one ahead. Garland waited 19 months to win confirmation to the appeals court. Then, as now, one of the main blocking path was Iowa Sen. Charles Grassley, who argued he had no quarrel with Garland’s credentials, but a beef with the notion of a Democratic president trying to fill a court he argued had too many seats.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Grassley ultimately relented, although he was not one of the 32 Republicans who voted in favor of Garland’s confirmation. Nor was McConnell, the other major hurdle for Garland now. The Republicans who voted in favor of confirmation are Sen. Dan Coats, Sen. Thad Cochran, Sen. Susan Collins, Sen. Orrin Hatch, Sen. Jim Inhofe, Sen. John McCain and Sen. Pat Roberts.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>WASHINGTON — President Obama announced Wednesday he is nominating appellate Judge Merrick Garland to the Supreme Court, urging Republicans to approve a longtime jurist and former prosecutor known as “one of America’s sharpest legal minds.”\u003c/p>\n\u003cp>Senate Majority Leader Mitch McConnell, R-Kentucky, immediately renewed a vow to block any Supreme Court nomination Obama makes.\u003c/p>\n\u003cp>Garland, 63, is the chief judge for the United States Court of Appeals for the District of Columbia Circuit, a court whose influence over federal policy and national security matters has made it a proving ground for potential Supreme Court justices.\u003c/p>\n\u003cp>He would replace conservative, Justice Antonin Scalia, who died last month, leaving behind a bitter election-year fight over the future of the court.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/NLLpws7WjmI'\n title='//www.youtube.com/embed/NLLpws7WjmI'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Obama announced his choice at a ceremony in the Rose Garden, with Democratic Senate leaders and allies looking on.\u003c/p>\n\u003cp>Garland, who had been passed over before, choked back tears, calling the nomination “the greatest honor of my life.” He described his grandparents’ flight from anti-Semitism in Eastern Europe and his modest upbringing.\u003c/p>\n\u003cp>He said he viewed a judge’s job as a mandate to set aside personal preferences to “follow the law, not make it.”\u003c/p>\n\u003cp>Obama held up Merrick as diligent public servant, highlighting his work leading the investigation into the Oklahoma City bombing. He quoted past praise for Garland from Chief Justice John Roberts and Sen. Orrin Hatch. And he said Garland’s talent for bringing together “odd couples” made him a consensus candidate best poised to become an immediate force on the nation’s highest court.\u003c/p>\n\u003cp>The president urged the Republican-led Senate not to let the particularly fierce and partisan political climate quash the nomination of a “serious man.”\u003c/p>\n\u003cp>“This is precisely the time when we should play it straight,” Obama said.\u003c/p>\n\u003cp>Garland was confirmed to the D.C. Circuit in 1997 with backing from a majority in both parties, including seven current Republicans senators.\u003c/p>\n\u003cp>Sen. Chuck Schumer of New York, the No. 3 Democratic leader, called Garland’s selection “a bipartisan choice.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Senate Minority Leader Harry Reid, who spoke to Obama Wednesday morning, said in brief remarks on the Senate floor that Republicans must act on the president’s choice. “He’s doing his job this morning, they should do theirs,” said the Nevada Democrat.\u003c/p>\n\u003cp>If confirmed, Garland would be expected to align with the more liberal members, but he is not viewed as down-the-line liberal. Particularly on criminal defense and national security cases, he’s earned a reputation as centrist, and one of the few Democratic-appointed judges Republicans might have fast-tracked to confirmation — under other circumstances.\u003c/p>\n\u003cp>But in the current climate, Garland remains a tough sell. Republicans control the Senate, which must confirm any nominee, and GOP leaders want to leave the choice to the next president, denying Obama a chance to alter the ideological balance of the court before he leaves office next January.\u003c/p>\n\u003cp>Wednesday morning, McConnell cited \u003ca href=\"http://www.nytimes.com/2016/02/23/us/politics/joe-biden-argued-for-delaying-supreme-court-picks-in-1992.html?_r=0\" target=\"_blank\" rel=\"noopener\">a June 1992 declaration\u003c/a> by Joe Biden — then a Democratic senator from Delaware, now Obama’s vice president — that as a general practice, Supreme Court nominations ought to be delayed during presidential election years.\u003c/p>\n\u003cp>“The Senate will continue to observe the Biden Rule so that the American people have a voice in this momentous decision,” McConnell said in a statement delivered immediately after Obama introduced Garland as his nominee.\u003c/p>\n\u003cp>“The American people may well elect a president who decides to nominate Judge Garland for Senate consideration,” McConnell said. “The next president may also nominate someone very different. Either way, our view is this: Give the people a voice in the filling of this vacancy.”\u003c/p>\n\u003cp>[NPR Supreme Court correspondent Nina Totenberg said before Obama’s announcement that she had learned that Senate Republicans have signaled via “back channels” that they would approve Garland, but only after the general election in November.]\u003c/p>\n\u003cp>Ahead of Obama’s announcement, the Republican Party set up a task force that will orchestrate attack ads, petitions and media outreach. The aim is to bolster Senate Republicans’ strategy of denying consideration of Obama’s nominee. The party’s chairman, Reince Priebus, described it as the GOP’s most comprehensive judicial response effort ever.\u003c/p>\n\u003cp>On the other side, Obama allies have been drafted to run a Democratic effort that will involve liberal groups that hope an Obama nominee could pull the high court’s ideological balance to the left. The effort would target states where activists believe Republicans will feel political heat for opposing hearings once Obama announced his nominee.\u003c/p>\n\u003cp>For Obama, Garland represents a significant departure from his past two Supreme Court choices. In nominating Sonia Sotomayor and Elena Kagan, the president eagerly seized the chance to broaden the court’s diversity and rebalance the overwhelming male institution. Sotomayor was the first Hispanic confirmed to the court, Kagan only the fourth woman.\u003c/p>\n\u003cp>Garland — a white, male jurist with an Ivy League pedigree and career spent largely in the upper echelon of Washington’s legal elite — breaks no barriers. At 63 years old, he would be the oldest Supreme Court nominee since Lewis Powell, who was 64 when he was confirmed in late 1971.\u003c/p>\n\u003cp>Presidents tend to appoint young judges with the hope they will shape the court’s direction for as long as possible.\u003c/p>\n\u003cp>Those factors had, until now, made Garland something of a perpetual bridesmaid, repeatedly on Obama’s Supreme Court lists, but never chosen.\u003c/p>\n\u003cp>But Garland found his moment at time when Democrats are seeking to apply maximum pressure on Republicans. A key part of their strategy is casting Republicans as knee-jerk obstructionists ready to shoot down a nominee that many in their own ranks once considered a consensus candidate. In 2010, Utah Sen. Orrin Hatch called Garland “terrific” and said he could be confirmed “virtually unanimously.”\u003c/p>\n\u003cp>The White House planned to highlight Hatch’s past support, as well as other glowing comments about Garland from conservative groups.\u003c/p>\n\u003cp>A native of Chicago and graduate of Harvard College and Harvard Law School, Garland clerked for two appointees of Republican President Dwight D. Eisenhower — the liberal U.S. Supreme Court Justice William Brennan Jr. and Judge Henry J. Friendly, for whom Chief Justice John Roberts also clerked.\u003c/p>\n\u003cp>In 1988, he gave up a plush partner’s office in a powerhouse law firm to cut his teeth in criminal cases. As an assistant U.S. attorney, he joined the team prosecuting a Reagan White House aide charged with illegal lobbying and did early work on the drug case against then-D.C. Mayor Marion Barry. He held a top-ranking post in the Justice Department when he was dispatched to Oklahoma City the day after the bombing at the federal courthouse to supervise the investigation. The case made his career and his reputation. He oversaw the convictions of Timothy McVeigh and Terry Nichols, and went on to supervise the investigation into Unabomber Ted Kaczynski.\u003c/p>\n\u003cp>President Bill Clinton first nominated him to the D.C. Circuit in 1995.\u003c/p>\n\u003cp>His prolonged confirmation process may prove to have prepared him for the one ahead. Garland waited 19 months to win confirmation to the appeals court. Then, as now, one of the main blocking path was Iowa Sen. Charles Grassley, who argued he had no quarrel with Garland’s credentials, but a beef with the notion of a Democratic president trying to fill a court he argued had too many seats.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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},
"link": "/radio/program/bbc-world-service",
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},
"californiareport": {
"id": "californiareport",
"title": "The California Report",
"tagline": "California, day by day",
"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
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"officialWebsiteLink": "/californiareport",
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"order": 8
},
"link": "/californiareport",
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}
},
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"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
"airtime": "FRI 4:30pm-5pm, 6:30pm-7pm, 11pm-11:30pm",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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},
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"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/cityartsandlecture-300x300.jpg",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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}
},
"closealltabs": {
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"order": 1
},
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"freakonomics-radio": {
"id": "freakonomics-radio",
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"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
"fresh-air": {
"id": "fresh-air",
"title": "Fresh Air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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},
"hidden-brain": {
"id": "hidden-brain",
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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},
"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"order": 18
},
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
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"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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"rss": "https://feeds.npr.org/510360/podcast.xml"
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},
"on-the-media": {
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"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"info": "One of public radio's most dynamic voices, Sam Sanders helped launch The NPR Politics Podcast and hosted NPR's hit show It's Been A Minute. Now, the award-winning host returns with something brand new, The Sam Sanders Show. Every week, Sam Sanders and friends dig into the culture that shapes our lives: what's driving the biggest trends, how artists really think, and even the memes you can't stop scrolling past. Sam is beloved for his way of unpacking the world and bringing you up close to fresh currents and engaging conversations. The Sam Sanders Show is smart, funny and always a good time.",
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