Constitution

WASHINGTON — The U.S. Supreme Court on Friday turned down an appeal from Virginia Democrats whose new voter-approved state election map was canceled by the state’s Supreme Court.

The justices made no comment, and the legal outcome came as no surprise.

The U.S. Supreme Court has no authority to review or reverse rulings by state judges interpreting their state’s constitution — unless the decision turned on federal law or the U.S. Constitution.

But the Virginia ruling came as a political shock, particularly after 3 million voters had cast ballots and narrowly approved a new election map that would favor Democrats in 10 of its 11 congressional districts.

That would have represented an increase of four seats for Democrats in the House of Representatives.

Even worse for Democrats, the court setback in Virginia came a week after the Supreme Court’s ruling in a Louisiana case had bolstered Republicans.

In a 6-3 decision, the justices reinterpreted the Voting Rights Act and freed Republican-controlled states in the South to dismantle districts that were drawn to favor Black Democrats.

In the two weeks since then, the GOP has flipped seven districts in Tennessee, Alabama, Louisiana and Florida.

The Virginia Supreme Court decision pointed to a procedural flaw which turned on the definition of an “election.”

To amend the state Constitution, Virginia lawmakers must adopt the proposal twice — once before a “general election” and a second time after the election. It is then submitted to the voters.

Last fall, Democrats proposed to amend the state Constitution to permit a mid-decade redistricting.

However, by a 4-3 vote, the state justices said the General Assembly flubbed the first approval because it took place on Oct. 31 of last year, just five days before the election.

By then, they said, about 40% of the voters had cast early ballots.

In defense of the Legislature, the state’s attorneys said the proposed amendment was approved before election day, which complies with the state Constitution.

But the majority explained “the noun ‘election’ must be distinguished from the noun phrase ‘election day’.”

It reasoned that because early voters had already cast ballots before the constitutional amendment was first adopted, the proposal was not approved before the election.

The dissenters said the election took place on “election day” and the proposal had been adopted prior to that time.

The state’s lawyers adopted that view in their appeal and argued that under federal law, the election takes place on election day.
But the Supreme Court turned away the appeal with no comment.

The result is that a state amendment that won approval twice before both houses of the Legislature and in a statewide vote was judged to have failed.

The state says it will use the current map, which had elected Democrats to the House in six districts and Republicans in five.

Who won the 2020 election?

Was the Capitol attacked on Jan. 6, 2021?

Can Donald Trump be elected to a third term as president?

No brainers, right?

The answers are, of course, “Joe Biden,” “yes” and “no.” Any fact- and reality-based American would say so. But that humongous class of people pointedly doesn’t include the president of the United States. And apparently for that reason, his nominees for federal judgeships — the very jobs in which you’d most want fact-based individuals — hem, haw, stammer and ultimately decline to give direct answers when Democratic senators test them with such easy-peasy questions at confirmation hearings.

One after another, month after month, Trump nominees for district and appeals courts across the land say that the answers to the questions are matters of debate, of “significant political dispute.” Well, they’re in dispute only because Trump says they are, as does every ambitious officeholder and office-seeker desperate to remain in the retributive ruler’s good graces — including, alas, would-be judges.

To watch them squirm and then squirt out the same rehearsed reply, the same legalistic word salad, just like the dozens of nominees before them would be hilarious (see below) if it weren’t so ominous for the rule of law in the nation.

Trump nominees for other high-ranking jobs, likewise prepped for Senate Democrats’ questions by their Trump handlers, give the same rote response. But the fact that candidates for lifetime seats on the federal bench, making decisions of life-changing consequences for millions of Americans, would choose to dodge the truth is most sickening.

In their truth-trolling to keep Trump happy, lest he yank their chance at new black robes, these candidates fail the test of judicial independence. As one Democrat, Sen. Richard Blumenthal of Connecticut, told four district judge nominees last week at a Senate Judiciary Committee hearing, their humiliating hedging “on an issue of fact” — Biden won in 2020 — “reflects not only on your honesty but really on your fitness to be a federal judge.”

Indeed. That judicial nominees would curry Trump’s favor bodes ill for future federal jurisprudence in the one branch of government that’s stood up for the rule of law against Trump, repeatedly, when Congress and the Supreme Court have not. To be fair, a number of judges confirmed in Trump’s first term have been among the many who’ve ruled against his and his administration’s second-term abuses of power. Yet just as Trump has populated his Cabinet and executive branch with sycophants, unlike in Trump 1.0, he’s obviously applying new litmus tests to potential judges. One of them, clearly, is playing along with his election lies.

His nominees’ failure to speak truth to Trump’s power should be disqualifying. But they’re not disqualified, because the Senate is run by Republicans who share their fear of him.

That fact is a big reason to hope that Democrats capture the majority in November’s midterm elections and that, under new management, the Senate will finally take seriously its constitutional “advice and consent” responsibility to act as a check on Trump nominees for the final two years of his term — including, perhaps, one for the Supreme Court.

And, yes, this is Trump’s final term, for all of his teasing about “Trump 2028.” The Constitution’s 22nd Amendment says as much in its opening line: “No person shall be elected to the office of the President more than twice.”

Yet the four wannabe district judges at last week’s Senate Judiciary Committee confirmation hearing — Michael J. Hendershot of Ohio; Arthur Roberts Jones and John G.E. Marck, both of Texas; and Jeffrey T. Kuntz of Florida — struggled over that clear language.

All four hesitated when Sen. Chris Coons, a Delaware Democrat, asked them to describe the amendment. He even read its initial words before querying Marck, “Is President Trump eligible to run for president again in 2028?”

Marck paused, then sputtered: “Senator, with ah, without considering all the facts and looking at everything, depending on what the situation is, this to me strikes as more of a hypothetical of something that could be raised.”

“It’s not a hypothetical,” Coons countered, then asked again whether Trump is “eligible to run for a third term under our Constitution.”

“Um, I would have to, to review the, the actual wording of it,” Marck blabbered.

Coons turned to the others: “Anybody else brave enough to say that the Constitution of the United States prevents President Trump from seeking a third term?” Silence.

“Anybody willing to apply the Constitution by its plain language in the 22nd Amendment?” Coons persisted. Crickets.

His Democratic colleague, Blumenthal, inquired of the foursome, “Who won the 2020 election?” All agreed in turn that Biden “was certified” the winner. None would say he “won” because — as we and they know —Trump insists to this day that he won; he’s turned the power of his “Justice” Department to trying to prove that obvious falsehood. Far be it from these future judges to contradict the president who nominated them.

Here’s Hendershot’s gibberish to Blumenthal’s simple query: “Senator, I want to be mindful of the canons here. I know this question has come up many times in these hearings and it’s become an issue of significant political dispute and debate. So, with, with that, I would say that, that President Biden was certified the winner of the 2020 election.”

After the others replied similarly, Blumenthal turned justifiably scathing: “It’s pretty irrefutable that Joe Biden won the election. But you’re unwilling to use that word because you are afraid. You are afraid. Of what? President Trump? That is exactly what we do not need on the federal bench today. We need jurists who are fearless and strong, not weak and pathetic.”

Apparently unshamed, each similarly demurred when he asked if the Capitol had been attacked. “You’ve seen the videos, have you not?” Blumenthal blurted.

No matter, Senator. These would-be triers of fact apparently won’t believe their eyes. Not when their patron, the president, insists on lies.

Bluesky: @jackiecalmes
Threads: @jkcalmes
X: @jackiekcalmes

SEOUL, May 6 (UPI) — North Korea has revised its constitution to remove all references to reunification with South Korea, a document shared by Seoul’s Unification Ministry showed Wednesday, formalizing leader Kim Jong Un’s push to redefine inter-Korean ties as relations between two separate states.

The document, which was shared at a news conference by the ministry, removes language calling for the “peaceful reunification” of the Korean Peninsula that had been part of the North’s constitution since a 1992 revision.

The new version codifies a policy shift Kim first laid out in 2024, when he abandoned Pyongyang’s long-standing goal of reunification and defined South Korea as an adversary.

At a March meeting of North Korea’s rubber-stamp legislature, where the revision is believed to have been adopted, Kim called for recognizing South Korea as the “most hostile state.”

However, the revised constitution did not define South Korea as a “primary foe” or “hostile state,” despite Kim’s increasingly confrontational rhetoric toward Seoul, Yonhap News Agency reported.

The new constitution also introduces language defining North Korea’s territory as bordering China and Russia to the north and South Korea to the south.

It does not specifically address maritime boundary lines, including the de facto maritime border in the Yellow Sea known as the Northern Limit Line. The NLL, which was drawn unilaterally by the U.S.-led United Nations Command after the Korean War, has long been a source of tension between the two Koreas.

The waters around the boundary, which Pyongyang does not recognize, have been the site of multiple naval clashes since the 1950-53 Korean War ended in an armistice, including the 2010 including the North’s 2010 torpedo attack on a South Korean warship that left 46 dead.

In January 2024, Kim called the line “illegal” and warned that even the slightest violation of the North’s territory would be considered a “war provocation.”

South Korean President Lee Jae Myung has sought to ease inter-Korean tensions since taking office in June, calling for the resumption of dialogue and making conciliatory gestures such as dismantling border propaganda loudspeakers.

Pyongyang has largely ignored those overtures while continuing to expand its military posture. In April, North Korea conducted several weapons tests, including tactical ballistic missiles with cluster bomb warheads and electronic warfare systems.

The revision also elevates Kim’s position as “head of state,” further consolidating his authority over state affairs and the country’s nuclear forces.

WASHINGTON  — The Supreme Court ruled Wednesday that U.S. troops may sue military contractors for their injuries, siding with a soldier who was badly injured when a Taliban operative working at the Bagram Airfield detonated a suicide bomb.

Five soldiers were killed and 17 were wounded, including 20-year-old Winston Henceley, who suffered a fractured skull and brain injuries and is permanently disabled.

In a 6-3 decision, the court ruled that neither federal law nor the Constitution shields military contractors if their mistakes or negligence result in solders being injured in a combat zone.

Justice Clarence Thomas wrote the court’s opinion for an unusual majority that included Justices Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson.

In the past, Thomas has objected to court precedents that prevented troops from suing the U.S. government for their injuries, including from medical practice.

And he said that rule should not be expanded to shield military contractors.

Justice Samuel A. Alito Jr. dissented, along with Chief Justice John G. Roberts and Justice Brett M. Kavanaugh.

“Because the Constitution gives the federal government exclusive authority over foreign affairs and the conduct of wars, federal law preempts all state law that substantially interferes with the Government’s exercise of those powers,” Alito wrote.

Hencely had tried to stop and question Ahmad Nayeb, an Afghan employee, as he walked toward soldiers who had gathered for a Veteran’s Day 5K race in 2016.

The Army concluded that Hencely’s intervention “likely prevented a far greater tragedy,” and its investigation concluded that the Fluor Corporation that had a contract to run operations at the base was primarily responsible for the attack.

The report said Fluor was negligent in hiring an Afghan who had been a Taliban operative, and it failed to closely supervise him.

But Henceley sued Fluor for his injuries; a federal judge in South Carolina and the 4th Circuit threw out his suit.

“During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor’s engagement in such activities shall be preempted,” the 4th Circuit said.

The court agreed to hear his appeal and overturn the 4th Circuit, clearing his suit to proceed.