Storm before calm at Supreme Court
SC new term starts amid Kavanaugh spectacle
WASHINGTON, Oct 1, (AP): It’s the storm before the calm at the Supreme Court.
Americans watched Thursday’s high court nomination hearing of Judge Brett Kavanaugh with rapt attention. The televised spectacle was filled with disturbing allegations of sexual assault and Kavanaugh’s angry, emotional denial.
On Monday, the court began its new term with the crack of the marshal’s gavel and not a camera in sight.
The term’s start has been completely overshadowed by the tumult over Kavanaugh’s nomination.
Republicans had hoped to have Kavanaugh confirmed in time for the court’s first public meeting since late June, an addition that would cement conservative control of the court.
Instead, there are only eight justices on the bench for the second time in three terms, with a breakdown of four conservatives and four liberals. The court was down a member in October 2016, too, following the death of Justice Antonin Scalia. Justice Neil Gorsuch joined the court in April 2017, after all but about a dozen cases had been argued.
It’s unclear how long the vacancy created by Justice Anthony Kennedy’s retirement in July will last. Consideration of Kavanaugh’s nomination by the Senate has been delayed while the FBI undertakes an investigation of Christine Blasey Ford’s allegation that Kavanaugh sexually assaulted her in 1982.
An empty seat on the bench often forces a push for compromise and leads to a less exciting caseload, mainly to avoid 4-4 splits between conservatives and liberals.
The cases the court has agreed to hear so far this term look nothing like the stream of high-profile disputes over President Donald Trump’s travel ban, partisan redistricting, union fees
3 killed in rare US car blast:
Autopsies are expected Monday on the bodies of three men killed in a US car blast, a rare event which tight-lipped police called a criminal case.
The explosion in Allentown, Pennsylvania late Saturday, turned the car into a fireball and before it was reduced to twisted metal.
“It burst into flames while it was still going,” Anthony Sealy, a witness, told WGAL TV.
Coroner Scott Grim confirmed three men had been killed, but police said the victims were still being identified.
“We have a high degree of confidence that the perpetrator was probably killed in the incident,” Lehigh County District Attorney Jim Martin told reporters in the and a clash over religious objections to same-sex marriage that the court heard last term.
“It’s a time of transition for the Supreme Court,” Solicitor General Noel Francisco, the Trump administration’s top Supreme Court lawyer, told a Federalist Society meeting in Washington recently.
Kennedy won’t be on the bench for the first time in more than 30 years, meaning lawyers will not have to aim their arguments at attracting his swing vote. Now, Chief Justice John Roberts probably will be the justice closest to the center of the court, although he is far more conservative than Kennedy on most issues.
“All eyes ought to be on the chief justice,” said Greg Garre, a solicitor general during George W. Bush’s presidency. Roberts’ votes in favor of President Barack Obama’s signature domestic legislation, the Affordable Care Act, show “he’s willing to buck other conservatives on hot-button, high-profile issues,” Garre said.
Perception
In addition, even if Kavanaugh or another Trump nominee eventually joins the court, Roberts’ concern about the public’s perception of the court might make him unwilling to move the court too far, too fast in any direction, Garre said.
So far, the court has agreed to hear about 40 cases, and could add a few dozen more to decide by the end of the term in June.
The very first case involves the federal government’s designation of Louisiana timberland as critical habitat for the endangered dusky gopher frog, though the frog is found only in Mississippi.
Two cases involving the death penalty will be argued in the first two months, including one on Tuesday in which lawyers for Alabama death
community about 40 miles (60 kilometers) north of Philadelphia.
The Bureau of Alcohol, Tobacco, Firearms and Explosives was leading the investigation. (AFP)
Storm heads for Baja, S.West:
Tropical Storm Rosa neared Mexico’s Baja California on Monday, spreading heavy rains that were projected to extend into a drenching of the US Southwest.
The US National Hurricane Center said the center of Rosa, which was a hurricane until late Sunday, was should hit Baja California and Sonora state late Monday, bringing 3 to 6 inches (7.5 to 15 cm) of rain.
It’s then expected to move quickly row inmate Vernon Madison argue he shouldn’t be executed because strokes and dementia have left him unable to remember the details of the killing of a police officer in 1985. In November, Missouri inmate Russell Bucklew says he shouldn’t be subjected to execution by lethal injection because he has a rare medical condition that could cause him to choke on his own blood during an execution.
The court stopped both executions on the days they were supposed to take place, which often suggests the inmate will prevail in the end. But Kennedy was a vote for the inmates in both cases, and it’s not clear there is a majority of five justices for either Madison or Bucklew.
The court will also take on issues including the detention of immigrants, uranium mining in Virginia and the settlement of a class action lawsuit involving Google where the settlement largely directed money to organizations rather than search engine users.
Supreme Court terms often get off to a slow start, then roar to their finish.
Francisco, in his Federalist Society talk, suggested that could be the case over the next few months.
“The real key to the coming term is what’s in the pipeline,” he said.
Lawsuits over the Obama-era program that shields young immigrants from deportation, a new challenge to the health care law, anti-discrimination protections for LGBT people, the Trump policy on transgender service members and a new fight over partisan gerrymandering all are percolating in federal courts and could reach the justices this term.
Another wild card is special counsel Robert Mueller’s Russia investigation and the possibility that he could try to force Trump to testify to a grand jury or, perhaps less likely, indict him. The court has never directly addressed either issue regarding a president.
northwestward as it weakens, bringing 2 to 4 inches (5-10 centimeters) of rain to central and southern Arizona and 1 to 2 inches (2.5-5 cm) to the rest of the desert Southwest, Central Rockies and Great Basin. Some isolated areas might be more.
Rosa had maximum sustained winds of 50 mph (85 kph) early Monday and was centered about 105 miles (170 klm) west-southwest of Punta Eugenia in Mexico. It was heading northeast at 12 mph (19 kph). (AP)
Las Vegas victims honored:
A somber sunrise remembrance ceremony started Monday in Las Vegas with survivors, families of victims, first-responders and elected officials remembering the lives lost when one year ago when a gunman opened fire on a crowd attending an outdoor country music concert in the deadliest mass shooting in modern US history.
Several hundred people gathered at an outdoor amphitheater during an event that began with a prayer and words from Nevada Gov Brian Sandoval.
“Today we remember the unforgettable. Today, we comfort the inconsolable,” Sandoval said. “Today, we are reminded of the pain that never really goes away.”
Among the attendees who are offering prayers, songs and speeches at the event was Mynda Smith.
She remembered her sister, Nyesa Davis Tonks, who pronounced her name “Neesha” and was a 46-year-old single mother originally from the Salt Lake City area raising three boys in Las Vegas. Smith said her sister she was energetic, adventurous, a fan of all kinds of music.
“I want to bring the message about living life to the fullest,” Smith said. “About how grateful we are for our community, the love and support that we got, and being ‘Vegas Strong.’” (AP)