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Column: Californians sour on Newsom’s push to ban gas-powered cars

Gov. Gavin Newsom will soon leave office without gaining the support of fellow Californians for his most ambitious climate project: the banning of new gas-burning car sales by 2035.

Newsom issued an executive order in 2020 taking new fossil-fueled passenger vehicles off the California market nine years from now.

But roughly two-thirds of Californians think that’s a lousy idea, according to a poll released last week by the nonpartisan Public Policy Institute of California.

Among likely voters, 65% oppose the termed-out governor’s edict and just 34% support it. The opposition among infrequent or nonvoters is even stronger.

Negative attitudes are especially stiff in inland California — particularly the Central Valley — and among middle-class people with incomes between $40,000 and $100,000, those over age 55 and Republicans.

Opposition to being denied new gas vehicles has grown substantially since 2021, when Californians were evenly divided over the issue.

But the state’s anticipated next governor, moderate Democrat Xavier Becerra, is more in line with Californians’ thinking on gas cars than is Newsom.

Becerra told me during his primary election campaign that Newsom’s 2035 goal is not realistic.

“We can’t make it by ‘35,” he said. “But we can make it.” Sometime in the future.

The fact is lots of people can’t afford electric vehicles because they tend to cost more than cars fueled by gas.

Besides, there’s an inconvenience of having to pull off the road for a 40-minute recharging stop on a long trip — if you can find a vacant recharger.

And “electricity is not cheap. It often depends on the time of day,” notes PPIC Polling Director Mark Baldassare, who owns an electric vehicle and says he likes it.

Newsom has been hawking electric vehicles since he came into office, like some slick TV pitchman — his goal being to greatly reduce climate-warming greenhouse gas emissions.

The governor and the Legislature recently appropriated $135 million to motivate Californians to buy new or used electric vehicles.

First-time EV buyers will receive $3,500 rebates on vehicles with manufacturer’s suggested retail prices of $50,000 or less. Used car buyers will get $1,750 off if the sale price is $25,000 or less.

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Automakers will pay for half the incentive costs — obstensibly, at least, if they don’t just secretly add their tab to the vehicle price.

This smacks of a huge taxpayer giveaway to manufacturers if the state isn’t careful. Is it really the state’s job to sell cars? Shouldn’t it be the automakers’ responsibility to offer competitive prices? Whatever.

Newsom’s plan partially replaces a $7,500 federal tax incentive for new EVs that President Trump and the Republican-led Congress allowed to expire last year.

California already leads the nation in EV ownership, with around 1.3 million vehicles registered. That’s more than five times the No. 2 state, Florida. And it’s not just because California’s population is much larger. We also lead in per capita ownership.

There’s plenty of contradiction and hypocrisy in the divided minds of Californians, as highlighted in the lengthy PPIC survey into their views on environmental policies.

People strongly favor fighting climate change — at least in concept — until it adversely affects them directly. That’s just human nature.

Asked what they consider the most important environmental issue facing California, those surveyed placed wildfires first, followed closely by global warming.

Baldassare says what struck him in the poll was “the disconnect between what people support in policies and what they’re prepared to do.”

“Two things are going on in California now,” the pollster continues. “People have their long-standing concerns about the environment. But they also have immediate concerns about affordability.

“When it comes to what people are willing to do, they’re worried about living costs and particularly the cost of energy. It’s something we’ve noticed even more this year. It affects the political and economic landscape.”

Nearly two-thirds of those surveyed support Newsom’s goal of reducing greenhouse gas emissions to zero “as soon as possible, but no later than 2045.”

And there’s overwhelming support for taxing corporations based on the amount of carbon emissions they produce.

Roughly 60% favor requiring all electricity to be generated with renewable energy — such as wind and solar — by 2045, although support for that state edict has dropped by 15 percentage points in the last six years.

Paradoxically, people aren’t willing to pay more for electricity produced by renewable sources. Roughly 60% reject that idea. Ten years ago, almost that many told PPIC pollsters they were willing to pay extra.

And today they’re not nearly ready to surrender their option of buying a new gas-fueled automobile.

For one thing, they’re not convinced there’ll be enough charging stations to handle a lot more EVs. Twice as many people are not confident of that as are confident, the poll found.

The California Energy Commission reported in January that there were more than 200,000 public and private EV charging stations in the state, plus 800,000 chargers in homes. The state is helping to add more along highways.

Becerra has pledged to take a fresh look at several controversial Newsom projects, including the pokey bullet train. There’s much uncertainty about the pending new governor.

But there’s one pretty good bet: In 2035, sales of new gas cars will still be getting a green light.

What else you should be reading

The must-read: Trump escalates election attacks, threatens California over voter data
Bringing back competition: Too many congressional races are over before they start. Here’s a remedy
The L.A. Times Special: Trump’s voter fraud speech was bait. Stop biting

Until next week,
George Skelton


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Brazil’s top court denies Bolsonaro home visit by Argentina’s Milei

Former Brazilian President Jair Bolsonaro, who is serving a 27-year sentence for a coup attempt, was placed under further restrictions on Friday for breaching conditions of his house arrest. File Photo by Andre Borger/EPA-EFE

July 18 (UPI) — Brazil’s top court on Saturday denied a request from former President Jair Bolsonaro to be visited by Argentinian President Javier Milei while under house arrest.

The attempted visit by Milei, a political ally of the far-right Bolsonaro, was part of a campaign to drum up political support for the son of the former president, who is running against leftist President Luiz Inacio Lula da Silva.

Bolsonaro is serving a 27-year sentence for a coup attempt but has been in his home in Brasilia since March due to his health condition.

He was already barred from participating in national politics as part of his sentence.

But Bolsonaro was placed under further restrictions on Friday for breaching conditions of his house arrest, after he wrote a political letter supporting his son’s candidature for president.

The son, right-wing state Sen. Flavio Bolsonaro, then showed the endorsement letter during a live stream on social media.

Supreme Court Justice Alexandre de Moraes barred Bolsonaro from receiving any visits of a “political-electoral” nature until after Brazil’s general elections in October.

Bolsonaro’s defense lawyers argued in court he was unaware that his son would divulge his writing on social media, though the former president titled the text “letter to the Brazilian people.”

“The letter — written and personally signed by Jair Messias Bolsonaro — was addressed ‘to the Brazilian people,’ demonstrating that it was not of a private nature but rather intended for political and electoral purposes, with dissemination to the general public, using Flavio Nantes Bolsonaro as an intermediary, or in his own words, as his ‘spokesperson,'” Moraes wrote in his decision, G1 reported.

“The text of the ‘Letter to the Brazilian People,’ therefore, clearly shows that Jair Messias Bolsonaro intended to communicate with his political supporters through his son’s social media accounts,” the justice added.

Bolsonaro is now barred from receiving visits for 30 days, except by his medical and legal teams.

He is also not allowed to be visited by his son for 90 days.

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Nationwide redistricting war fuels congressional reform effort

Imagine if Sunday’s World Cup final were played under rules that blatantly favored one side over the other. Let’s say Argentina was spotted four goals against Spain.

Spain could, conceivably, overcome that 4-0 deficit. But it would be awfully hard and something of a miracle if the Spanish team prevailed.

Fans the world over would be rightly outraged. Why bother holding the tournament? What’s the point if one team is saddled with near-insurmountable odds?

Increasingly, that’s what elections for the House of Representatives look like.

As recently as the late 1990s, around 4 in 10 congressional districts were considered competitive, meaning Democratic and Republican candidates each had a plausible shot at winning. Today, per the nonpartisan handicappers at the Cook Political Report, only 18 of 435 House districts are considered toss-ups.

Another 20 districts are rated as either leaning Democratic or Republican, meaning candidates from one party or the other enjoy a noteworthy advantage, but aren’t necessarily a lock to win in November.

In sum, that means fewer than a tenth of all House seats are even somewhat competitive.

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That’s hardly an accident, as lawmakers have increasingly manipulated the election process to suit themselves, rejiggering congressional districts to sideline voters and boost their political parties.

It’s undemocratic, and it stinks.

Stifling competition, rewarding extremes

“Every voter has a stake in making sure that these elections are fair and that the process is transparent,” said Rep. Jeff Hurd, a Republican who represents a large, mostly rural swath of western and southern Colorado. “Gerrymandering undermines representative democracy … by preventing voters and communities from having cohesive representation.

“It unfortunately rewards political extremes,” he went on. “It reduces competition and contributes to the polarization and dysfunction that prevents Congress from effectively addressing the issues that our constituents care about.”

Hurd is a member of the Problem Solvers Caucus, a bipartisan group of 44 House members dedicated to working through their ideological and political differences to — lordy! — try to get stuff done.

Recently, to mark Independence Day, the caucus announced a framework for legislation aimed at bringing competition back to many congressional races, in part by limiting the redrawing of political maps to once every 10 years, following the census. Among other reforms, the bipartisan group also called for establishing a uniform, national standard requiring that congressional districts be drawn “using clear, objective criteria while rejecting partisan advantage and incumbent protection as legitimate goals.”

The effort is, of course, too late for this election. The hope is Congress will enact the changes in time for the next scheduled round of redistricting, which is due to take place after the 2030 census. The rules would be in place starting in 2032.

The chances of passage are not strong. As Hurd noted: “Any reform that asks politicians to give up political leverage is going to be challenging.” But if ever there was a time for a badly needed systemic fix, it’s now.

A race to the bottom

Gerrymandering has been around for more than 200 years. The term derives from the efforts of Massachusetts Gov. Elbridge Gerry to skew state Senate races in the election of 1812. The portmanteau, which appeared in the Boston Gazette, described one politically engineered, misshapen district that resembled a salamander.

The practice reached new heights of creativity (or deviousness, depending on your perspective) in the modern age, when ever-more sophisticated computers allowed for ever-finer slicing and dicing of the electorate.

In 2019, the Supreme Court effectively greenlighted the practice in a 5-4 decision by the conservative majority, decreeing that partisan gerrymandering was beyond the purview of federal courts. In other words, have at it! And lawmakers did.

But this last year, in particular, has broken new, insidious ground.

Pressured by President Trump — who fears losing the GOP’s whisper-thin House majoritylawmakers in Texas tore up their political map mid-decade and redrew the state’s congressional districts in hopes of nabbing five additional seats this November. California responded in kind, with passage of Proposition 50, a measure that shelved the work of a nonpartisan redistricting commission in favor of a map aimed at handing Democrats five additional seats.

More than half a dozen other states — most of them Republican-run — have jumped into the fight, gerrymandering their congressional districts to gain a partisan edge. Lawmakers in several Democratic-run states are now looking at the prospect of retaliatory gerrymandering ahead of the 2028 election.

There’s not much upside to all this self-dealing — if, that is, you care about political competition and allowing the electorate a genuine say. But all that manipulation and maneuvering has, at least, made voters much more aware of the once-obscure practice of congressional line drawing. And that offers reformers a flicker of hope.

One ally, improbable though it may seem, is Paul Mitchell. He’s the Sacramento political guru who drew the gerrymandered map that California voters approved with passage of Proposition 50. (California, he said, was left no choice but to respond after Texas made its move.)

Mitchell said he has long favored a national redistricting standard that would apply to all 50 states and put the much-abused process on an even footing. “I really believe that redistricting should … serve the public, not serve the politicians,” Mitchell said.

Still looking on that bright side, he suggested perhaps the current redistricting war will prove so odious and have “done so much harm” that combatants will reach a point where they “put down [their] arms and embrace a kind of nonpartisan, non-politicized, public-oriented redistricting.”

It seems far-fetched. But miracles do happen.

What else you should be reading

The must-read: Californians rallied to save the coast 50 years ago. Trump is spoiling the celebration
The deep dive: On birthright citizenship, the Supreme Court originalists split on history and Trump
The L.A. Times Special: Inside the states’ case to block the Paramount-Warner Bros. merger: ‘Each side is taking risks’

Until next time,
mzb

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Wisconsin Elections Commission sends Elon Musk bribery complaints to prosecutors

Elon Musk appears in the Oval Office at the White House in Washington, D.C., on May 30, 2025. He paid out millions through his America PAC to Wisconsin voters in 2025. File Photo by Francis Chung/UPI | License Photo

July 14 (UPI) — The Wisconsin Elections Commission has sent two complaints to prosecutors accusing businessman Elon Musk of violating anti-bribery law when he gave out millions to people to encourage them to vote last year.

The bipartisan commission voted 5-1 to forward the complaints to the Brown County District Attorney, WISN-TV in Milwaukee reported.

Musk’s American PAC wrote $1 million checks to two voters in the 2025 election as part of tens of millions he invested in the failed campaign of conservative Brad Schimel, who sought a seat on the Wisconsin Supreme Court. He lost to Susan Crawford, a liberal, who previously served as a circuit court judge in Dane County.

Musk also gave out other prizes ranging from $20 to $100 for those who signed the “Petition in Opposition to Activist Judges,” Forbes reported.

The commission said Musk’s post on X offering $ 1 million to those who voted in the Wisconsin Supreme Court election to induce them to vote showed probable cause that he violated state election law banning bribery.

President Donald Trump shakes hands with Iraqi Prime Minister Ali al-Zaidi during their meeting in the Oval Office of the White House on Tuesday. This is Ali al-Zaidi’s first foreign trip since he took office in May 2026. Photo by Graeme Sloan/UPI | License Photo

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Kagan, Barrett to speak before House committee about justice security

Supreme Court Chief Justices John Roberts, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett listen as President Donald Trump delivers his State of the Union address in February. Kagan and Barrett plan to testify before Congress Tuesday about the need for increased security for justices. File Photo by Annabelle Gordon/UPI | License Photo

July 14 (UPI) — Two Supreme Court Justices are planning to testify before Congress Tuesday about the Court’s budget ask for extra security amid growing threats.

Supreme Court Justices Elena Kagan and Amy Coney Barrett plan to appear before the House Appropriations subcommittee that approves funding for the Court to discuss the request for a $16.6 million budget increase to improve security for the justices at work and home. But questioning could veer toward several recent controversial decisions the Court made in its 2025-2026 term.

The budget increase requested is $20.6 million for fiscal year 2027. It asks for $14.6 million to give each justice six more security agents and 25 extra officers at the Supreme Court building, The Washington Post reported. The request also includes $2 million for a residential security office to coordinate home security.

It will be the first time Court justices have gone before Congress since 2019.

Supreme Court justices regularly face personal attacks from politicians and the public who may be displeased with their decisions.

Barrett’s home was “swatted” in May, when a caller reported gunshots at her home to lure police there. In October, a woman was sentenced to eight years in prison for planning to kill Justice Brett Kavanaugh.

Chief Justice John Roberts spoke out in March against personal attacks on judges after President Donald Trump criticized the justices for striking down his tariffs.

“Personally directed hostility is dangerous and has got to stop,” Roberts said during a speech in Houston.

Sending justices to Congress has become rare. Until 2011, at least one justice had appeared before Congress every year. Since then, there have been only three appearances.

A book for condolences, sticky notes and flowers are seen outside the office of the late Sen. Lindsey Graham, R-S.C., at the Russell Senate Office Building on Monday. Graham died on the evening of July 11 at the age of 71 after what his office described as a brief and sudden illness. He served South Carolina in Congress for 31 years, including eight years in the House of Representatives and 23 years in the Senate. Photo by Bonnie Cash/UPI | License Photo

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California kids still struggle in our schools. Will this change help?

Recent news about literacy, education and general smarts in California and across the country has been somewhat distressing.

Along with claims that Americans are becoming illiterate, here in the Golden State there are worries that even the highest-achieving students aren’t prepared for our universities, and a study shows backsliding in civil rights protections in the vacuum created by federal changes under the Trump administration.

Despite being close to terming out of office, and also otherwise occupied with his ever-emerging presidential run, Gov. Gavin Newsom last week found time to announce a consequential, if controversial, move that has the potential to vastly improve educational outcomes for California kids: switching out an independent, voter-chosen leader for a hired gun.

In legislation signed last week, Newsom basically eviscerated the role of the elected superintendent of public instruction and instead shifted oversight of our K-12 schools to a newly created education commissioner — to be appointed by the governor.

The change, set to happen early next year, has been described as a “power grab” by some, and on its surface could be seen that way. The conservative candidate for state superintendent — Sonja Shaw, who says she is running to stop “political ideologies being shoved down everybody’s throats” — quickly claimed Newsom’s move was all about stopping her.

In reality, power grab or not, it’s the kind of reform we should all support — a long-overdue push to create accountability in a hot-mess system where there are too many people almost-sorta in charge of too many conflicting priorities.

‘A’ for accountability

It’s to Newsom’s credit that he’s setting up his successor to helm a system that at least has a chance at coherence, even if it raises the stakes for the next governor to deliver.

For years — decades, really — streamlining the governing structure of schools “has been proposed by Republicans and Democrats and bipartisan and nonpartisan commissions,” Linda Darling-Hammond told me. She’s a professor emeritus at Stanford University, an advisor to the governor and, by any measure, one of the preeminent education policy experts in the country.

“It’s not at all political. It is really about making the system run well,” she said. “The world is changing, the economy is changing. There’s just a need to be very efficient and effective in making policy and then implementing that policy.”

“Run well” is the key there. California operates the biggest and most diverse school system in the country. We’ve got roughly 10,000 regular schools (depending on how you count), including about 1,200 charter schools, around 1,00 school districts and 58 counties, each with their own slice of local control over those schools, according to the Department of Education.

That’s about 5.7 million students, nearly 300,000 teachers and $150 billion in costs (counting the new funding in the next budget).

To be kind, this system does not always run well. That’s in no small part because oversight and control are fragmented, overlapping and confusing. Currently, the State Board of Education sets policies, but the elected superintendent implements them through the Department of Education. Then control runs downhill to individual school districts, filtering through local school boards and even principals.

The board can’t control how the superintendent does their job, and vice versa. In fact, they don’t always agree, despite (or because of) the shotgun wedding nature of their relationship. At times, it can feel like they are working against each other. Never mind the complexities of local control.

This has been especially true in recent years as Newsom and the Legislature have pushed through big changes, such as the new prekindergarten grade, that have required massive coordination and effort. At the local level, administrators often complain there is little clarity on what is expected of them and, too often, outright conflict.

“The idea of having policy in one place and implementation in the other is really crazy,” Michael Kirst told me. He’s professor emeritus of education at Stanford and the longest-serving president of California’s State Board of Education, serving under both of Jerry Brown’s gubernatorial stints.

Newsom’s proposed system promises “much clearer, cleaner accountability,” Kirst said.

Expertise counts

It also has the benefit of putting an actual education expert in charge of schools. Because the superintendent role is elected, it has too often been coveted by career politicians looking for a landing spot. Its incumbent, Tony Thurmond, had a background in social work before running for various offices, but that kind of experience isn’t always the case. Neither is experience running a major organization with thousands of employees.

While Newsom’s plan leaves many, if not most, of the details to be ironed out later (a frustrating strategy he’s used more than once to keep the ball rolling on policy without having the drag of actual detail), it does promise to put in someone with the kind of high-level educational policy experience that should be required when managing this vast and important endeavor.

Kirst points out that this will be a “powerful position” charged with making sure our schools are indeed run well, and at the end of the day, it gives us one person to blame if they don’t: the governor.

So if schools don’t improve and our kids don’t learn, voters will know exactly who failed.

You’re reading the L.A. Times Politics newsletter

George Skelton and Michael Wilner cover the insights, legislation, players and politics you need to know. In your inbox Monday and Thursday mornings.

What else you should be reading

The must-read: Trump ousts members of bipartisan election commission ahead of midterms
The California edge: The Work of Helping A.I. Destroy Work
The L.A. Times Special: In bed 23 at Adelanto ICE detention center, a terrified teenager missed his mom

Stay Golden,
Anita Chabria


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On birthright citizenship, Supreme Court ‘originalists’ are split

The Supreme Court’s conservative justices say they decide cases based on the words and original history of the Constitution — and not on their personal or political views.

Following the lead set by the late Justice Antonin Scalia, they say they see history and “originalism” as a guiding principle to prevent judges from changing the Constitution to adjust to new and changing times.

This text-and-history approach is said to contrast with an evolving or “living Constitution” favored by progressives and liberal activists.

But this year saw a flip of sorts on birthright citizenship.

The foremost conservatives agreed with President Trump that the surge of illegal immigration called for reconsidering the promise of citizenship at birth set out in the 14th Amendment of 1868.

“The number of illegal immigrants in this country exploded” in recent years, Justice Samuel A. Alito Jr. wrote in dissent. The rule of citizenship at birth provides “a powerful incentive to enter or remain in this country illegally,” he added.

“The Constitution is an enduring document,” wrote Justice Brett M. Kavanaugh, but its rules and meaning must adjust to “modern situations that were unknown or unanticipated by the Constitution’s Framers.”

In a concurring opinion, he said that “significant illegal immigration into the United States is a new circumstance that was largely unknown as of 1868.”

There were no federal immigration laws in the mid-19th century, but it was an era when a surge of Irish immigrants had settled on the East Coast and large numbers of Chinese immigrants came to California.

Under the law, their children were deemed to be citizens at birth.

Among the conservative originalists, only Justice Amy Coney Barrett signed the majority opinion that was written by Chief Justice John G. Roberts Jr. and joined by the three liberals.

The opening words of the 14th Amendment of 1868 say: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

In 1898, the Supreme Court upheld the rule of citizenship at birth in the case of Wong Kim Ark, who was born in San Francisco to Chinese parents.

In an executive order, Trump proposed to end birthright citizenship for the newborns whose parents were in the country illegally or temporarily.

Writing for the court, the chief justice said the words of the 14th Amendment were clear and were clearly understood at the time. He dismissed the “dramatically revisionist view” that has been cited recently.

Kavanaugh voted with the majority to block Trump’s order from taking effect. He did so because Congress had adopted birthright citizenship in a 1952 law.

“Consistent with the 14th Amendment, Congress could … enact new legislation establishing exceptions to birthright citizenship,” he wrote.

Justices Clarence Thomas and Alito wrote long dissents arguing that the framers of the 14th Amendment did not or would not have favored birthright citizenship.

They pointed to recent scholarship by law professors that raised questions about the accepted understanding of the 14th Amendment and the citizenship rule.

Thomas said citizenship of the child should turn on whether the parents were “domiciled” in this country. Black people who were enslaved were undoubtedly domiciled here, but the same is not true of temporary visitors.

Justice Neil M. Gorsuch agreed in part with Thomas and questioned whether the newborns of temporary visitors should be deemed as citizens at birth.

Many court commentators were surprised by the close 5-4 divide on the constitutional issue.

“Given how clear the language was, I expected it to be 7 to 2,” said Melissa Murray, a New York University law professor. “I really gasped when I saw it was 5-4. This is not settled. We’re not done with this debate.”

Sarah Isgur, a podcaster and SCOTUSblog analyst, said that “originalism is getting more and more muddled. Either the history matters or it doesn’t.”

However, she agreed with Kavanaugh’s approach of leaving it to Congress to reconsider the issue.

Not all originalists are conservative.

Yale Law Professor Akhil Amar, a constitutional historian, argued that the history of birthright citizenship is clear and not subject to revisionist thinking. He said the Reconstruction Congress adopted this principle of citizenship at birth and stated their intent in clear words in the 14th Amendment.

“When a baby is born on American soil and an American flag flies above, that baby is a birthright citizen, as the Reconstruction Republicans across the land understood,” he wrote in February. This rule “has virtually nothing to do with the baby’s parents.”

Last week, he was mostly cheered by the court’s ruling.

“It’s a triumph, but it should have been 9-0,” Amar said on a review of the court term sponsored by SCOTUSblog. “Shame on the dissenters. They didn’t even the address the statute” and its wording.

But the majority led by Roberts “clearly affirmed the plain meaning of the constitutional text and its history. And that’s a win,” he said.

History has a recurring role at the Supreme Court.

Isgur noted the court will hear arguments in the fall on whether the 2nd Amendment of 1791 gives gun owners a right to have “assault weapons” like AR-15 rifles.

She said the court will decide then between history and changed circumstances.

At issue is whether these modern rapid-fire rifles fit within the history of the gun rights protected by the 2nd Amendment or instead represent a new and dangerous threat to public safety that was unknown in 1791.

Scalia’s opinion upholding gun rights in 2008 is often cited as a model of originalism, but it too emerged from a court divided 5-4.

The 2nd Amendment says, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bears Arms, shall not be infringed.”

For decades, the Supreme Court had all but ignored the 2nd Amendment, viewing it as a somewhat outdated provision involving militias, akin to the 3rd Amendment. It forbids having soldiers “quartered in any house … in time of peace.”

Four liberal dissenters in 2008 said the court should stand by that understanding of history.

Justice John Paul Stevens said the 2nd Amendment was added to the Constitution to protect state militias from federal interference. Moreover, the reference to “bear arms” suggests it was about militias, he said.

But Scalia’s opinion stands as the landmark precedent, and he said the dissenters had the history all wrong.

The right to have guns for self-defense arose in England and came to the American colonies. “By the time of the founding, the right to have arms had become fundamental for English subjects,” he wrote.

The 2nd Amendment did not establish a new right, he said. Rather, it “codified a pre-existing right [of] having and using arms for self-preservation and [defense],” he wrote.

“There seems to us no doubt, on the basis of both text and history,” Scalia wrote, “that the 2nd Amendment conferred an individual right to keep and bear arms.”

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Jared Huffman is one of few nonreligious members of Congress

Jared Huffman was unstinting and unbowed as he raised an arm heavenward. Not for fear of a thunderbolt hurtling through the blue sky and, punitively, creasing his skull. Rather, he was illustrating a point.

“I believe in a lot of things,” he said over a tuna melt at a small Marin County cafe. “I just don’t believe in magic and a sky god that looks like an old bearded man sitting just beyond the clouds.”

Huffman is the rare American — one of only about 10% or so — who flatly state they do not believe in God, or any higher power for that matter. What makes him rarer still is his place in Congress. Huffman, who represents a sprawling slice of Northern California, reaching from the Bay Area to the Oregon border, is one of just four members (out of more than 500) who are openly agnostic or religiously unaffiliated.

He is, by far, the most outspoken.

Huffman, who publicly revealed his nonreligious status in 2017, helped form the Congressional Freethought Caucus, which consists of about three dozen members of various religious stripe, each dedicated to the proposition that church and state should be distinct. He’s written a book, due out next month, raising an alarm and summoning Americans to fight the rising tide of Christian nationalism roiling our divided land.

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An overwhelming favorite to win an eighth congressional term in November, Huffman, a Democrat, calls himself a humanist and described it this way:

“To me, it means good without God. It means you don’t need the inducement or fear of an afterlife to have a moral framework and to know your place in the universe. You’re sort of at peace with the reality that, as far as we know, this is it. You get one time around.

Rep. Jared Huffman, right, shaking hands with Marin County Executive Derek Johnson.

Rep. Jared Huffman, right, greets Marin County Executive Derek Johnson during the opening of a housing community in Point Reyes Station, Calif., on Wednesday.

(Godofredo A. Vasquez / For The Times)

“There are people of faith who sometimes think, well, that must be sad, that must be incomplete,” Huffman went on. “I find it’s just the opposite. It makes this world and our opportunity to be part of it more sacred.”

Growing up in the Mormon faith

Huffman, 62, grew up in a religious household in Independence, Mo. His family practiced an offshoot of the Mormon faith; as a youth, Huffman served in the priesthood.

He began to question the church and its teachings when his father died of lung cancer at age 56. Huffman was 19 and enrolled at UC Santa Barbara on a full-ride volleyball scholarship. (A lean 6-foot-3, Huffman was a three-time NCAA All-American and is a member of the school’s athletic hall of fame.)

“I think in hindsight ignorant faith kept me from coming to terms with the fact that he was dying, and it made it way more traumatic than it should have been,” Huffman said of his father’s passing. “I didn’t really own up to the reality of what was happening, because I was this person of faith who thought rotten things would never happen to me and my father.”

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Shaken, Huffman spent years in a period of reflection and deep study — of various religions, spirituality, the Bible, which he can cite chapter and verse — before landing in his place of humanism and nonconformity.

After earning a law degree at Boston College, Huffman moved to the Bay Area and served as a senior attorney for the Natural Resources Defense Council, the environmental group. His political career began in 1994 with his election to the Marin Municipal Water District. Huffman served for 12 years, until his election to the state Assembly. He won his congressional seat in 2012.

Huffman’s secularism never came up, he said, until his arrival in Washington, where religiosity, God-fearing and worship of a higher power are taken as articles of faith.

“All of a sudden, religion is all around you and everyone wants to know your religion,” Huffman said. “I knew that I was a nonbeliever. I knew that I was a humanist. But that was a very private thing and I had kind of intended to keep it that way.”

Losing his religion

Two things changed.

First, Huffman’s mother died at age 87. She was fervently religious, Huffman said, and “I didn’t really want to break her heart and tell her how deep my nonbelief actually was.” (In his book, Huffman recounts an awkward scene where he takes the congressional oath of office for the first time on a hastily borrowed Bible, to please his proud mom.)

The second factor was the ascent of Trump, riding a wave of ardent evangelical support.

Huffman was put off by the hypocrisy of such a blasphemous president surrounding himself with extremists using the language and symbols of religious faith to enact what he perceived, and perceives, as a distinctly antidemocratic, un-American agenda.

“I was always uncomfortable with the way I saw religion encroaching into government in Washington,” Huffman said. “My previous concerns were heightened by an order of magnitude because of what he did.”

Ignoring the counsel of family, friends and political advisors who, to a person, warned against it, Huffman revealed his religious disbelief in a series of statements and interviews in November 2017. At the time, the only member of Congress to ever publicly come out as an atheist was Rep. Pete Stark, who announced his sentiments in 2007; though the Fremont Democrat was reelected twice, he was eventually defeated by a Democratic rival who turned his lack of faith against him.

That rival was Eric Swalwell; make of it what you will.

Huffman braced for political blowback. There was none, though he’s gotten death threats and plenty of admonishments he’s bound for Hell.

(Meantime, the congressional ranks of the religiously unaffiliated have grown to include Democratic Reps. Yassamin Ansari of Arizona and Emily Randall of Washington and Republican Rep. Abraham Hamadeh of Arizona.)

In the first election after his announcement, Huffman was returned to Washington with 77% of the vote. He’s won reelection three times since, with never less than 72% support. “It turns out [constituents] don’t much care what my religion is if I’m doing good work,” Huffman said, “and that’s pretty great in my opinion.”

He underscored the sentiment with a hearty bite of his tuna melt.

The book Huffman has coming out next month — with chapters that include “Breaking Faith,” “Christian Privilege” and “Christian Zionism” — is a work that explains his personal evolution and expresses a dire fear the country is headed, if unchecked, toward a system of authoritarian theocracy.

He describes the Christian nationalism that informed the attempted coup on Jan. 6, 2021, and explains the biblical prophecies behind the messianic support among some Trumpian true-believers.

“The book is not so much about humanism,” Huffman said. “It is about the fight to protect our secular democracy, which, I think, is the bedrock of America as we know it.”

The dedication reads, “For everyone who refuses to bow.”

What else you should be reading

The must-read: 14 propositions that could remake California taxes, housing, healthcare and elections
The deep dive: Even without birthright citizenship, Supreme Court co-signs much of Trump’s immigration agenda
The L.A. Times Special: The right and left need to control the radicals in their own parties

Until next time,
mzb

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Judge grants payout to E. Jean Carroll of $5 million plus interest

July 8 (UPI) — New York Federal Judge Lewis Kaplan ordered that writer E. Jean Carrol be paid $5 million plus interest in damages owed to her after President Donald Trump was found liable for sexual abuse and defamation.

But Trump’s attorneys have already filed an appeal of Kaplan’s order with the 2nd Circuit U.S. Court of Appeals.

“The American People stand with President Trump as they demand an immediate end to all of the Witch Hunts, including the Democrat-funded travesty of the Carroll Hoaxes. President Trump will keep winning against Liberal Lawfare, as he continues to focus on his mission to Make America Great Again,” a spokesperson from the legal team told CNBC.

Trump and his attorneys filed a motion Tuesday to pause the payout, arguing there was still a case pending before the U.S. Supreme Court. They were arguing against Carrol’s motion to disburse the money from escrow filed on June 30.

Trump’s attorneys had argued that a “timely petition for rehearing remains pending before the Supreme Court.”

“Collection cannot begin while proceedings remain pending before the Supreme Court, which is currently the case,” lawyers Josh Halpern and Michael Madaio wrote in their response to Carroll’s petition.

In his order, Kaplan mentioned an agreement between Carroll and Trump that called for the money to be given to her if the Supreme Court denied his appeal.

The Court declined to hear Trump’s case on June 29. That means the verdict finding him liable stands.

Kaplan didn’t agree with lawyers’ arguments about the Supreme Court because Trump’s petition for reconsideration isn’t likely to succeed. The Court rarely grants those requests, CNBC reported.

Carroll was awarded the damages by a jury in 2023 after finding him liable for sexual abuse in a department store dressing room in the 1990s and for defaming her in 2019 after she came forward with the allegations. Trump denies the allegations.

In the defamation case, Carroll was awarded $83.3 million in damages.

“Surprisingly, the Supreme Court declined to ‘review’ a Fake Case brought against me by a woman I never met (Decades old celebrity photo line, standing with her husband, does not count!),” Trump wrote on Truth Social in late June. “I will continue the fight against this Weaponization and Lawfare Case against me, including the ridiculous claim of Defamation, with all of my power and strength.”

Trump’s lawyers claim that a petition for rehearing is “pending” before the Supreme Court, but records show it wasn’t accepted for filing this week, The Hill reported.

In the petition, the lawyers argue that Trump would have “unrecoverable loss” if the money were disbursed then overturned on appeal because Carroll has said she would donate all the money from the defamation suit.

“Plaintiff has repeatedly stated that she intends to give away all funds that she collects from him, and once those funds are distributed to third parties, they likely cannot be recovered,” lawyers Josh Halpern and Michael Madaio wrote in the filing.

Carroll’s attorneys argued that Trump is trying to unjustly delay the payment.

“This is the end of the line,” they wrote in a June 30 filing. “After four years of litigation across every level of the federal court system, it is time for this case to end.”

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Appeals court rules Florida Stop WOKE Act violates free speech

Gov. Ron DeSantis of Florida speaks during a roundtable event in March in the East Room of the White House in Washington, D.C. On Tuesday, a U.S. Court of Appeals ruled that the De-Santis-championed Stop WOKE Act violates free speech. File Photo by Aaron Schwartz/UPI | License Photo

July 7 (UPI) — A federal panel of appeals court judges ruled Tuesday that the Stop WOKE Act championed by Florida Gov. Ron DeSantis violates the free speech of professors and is a “breathtaking assertion of power.”

The Florida law restricted how professors can teach, especially when speaking about gender and race, in colleges and universities. The U.S. Court of Appeals for the 11th Circuit ruled 2-1 to support a 2022 decision that called the law “positively dystopian,” Politico reported.

The court Tuesday went further, saying the act is a “breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the state’s own statutes recognize as centers of inquiry — classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth.”

“If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,” the ruling said.

Judge Britt C. Grant wrote the opinion, joined by Judge Charles R. Wilson. Judge Barbara Lagoa, however, wrote a dissent saying the First Amendment “does not compel all viewpoints to be worthy of state-sponsored endorsement.”

The Florida Legislature approved the act, also called the Individual Freedom Act, in 2022. The state has been fighting it in court ever since.

The lawsuits that led to the ruling Tuesday were brought by the Foundation for Individual Rights and Expression, a student free-speech group, and the American Civil Liberties Union, ACLU of Florida and Legal Defense Fund.

FIRE senior attorney Greg Greubel said the decision “means that college remains a place where professors and students are allowed to debate controversial topics — even if politicians disagree with them.”

DeSantis’ office did not immediately respond to a request for comment Tuesday, Politico said. Florida Attorney General James Uthmeier praised Lagoa on social media, saying she “may be the best jurist in our country” and should be on the U.S. Supreme Court.

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Philippines VP Sara Duterte not present for first day of impeachment trial

1 of 3 | Philippine Congresswoman Gerville Luistro (L), a member of the prosecution panel, delivers an opening statement during proceedings for the impeachment trial of Philippine Vice President Sara Duterte at the Philippine Senate in Pasay City, Metro Manila on Monday. Photo by Rolex Dela Pena/EPA

July 6 (UPI) — Prosecutors in the Philippines called for accountability Monday on the first day of an impeachment trial for Vice President Sara Duterte, whose lawyers said the case was politically motivated.

Sara Duterte, who is the daughter of former President Rodrigo Duterte, faces allegations of misusing public funds. The House of Representatives voted overwhelmingly to impeach her in May, with 257 of 290 lawmakers voting in favor.

The allegations center on the wealth she gained after becoming mayor of Davao in 2019 along with her use of funds as vice president.

In opening arguments, Gerville Luistro, a House representative from Batangas, questioned, “does accountability still matter in our country?”

“If a small village treasurer can’t explain missing funds, he is investigated. If a school principal squanders public funds, even just 5,000 pesos, she is punished. If ordinary people are held to account, why not the most powerful government official,” Luistro questioned, as reported by the BBC.

Sara Duterte’s lawyer, meanwhile, said lawmakers are targeting her politically because she received more votes in the 2022 presidential election — 32.2 million — than President Bongbong Marcos did in his race — 31.6 million.

“It is clear that the objective is to oust her,” lawyer Sheila Sison said.

“Whatever one’s political persuasion is, the reality is that the prosecution now comes for this court to remove a vice president chosen by an overwhelming number of the electorate,” she added, as reported by the Philippine Star reported.

After opening statements, Sen. Chiz Escudero, the presiding officer in the trial, ordered the return of Sara Duterte’s tax records to the Bureau of Internal Revenue.

Sara Duterte was not present in the courtroom as the trial got underway.

She issued a statement saying her decision not to attend the proceedings and not to testify are a “legal strategy.” She also criticized Marcos for speaking against that decision.

“The burden remains on the prosecution to prove its case,” Sara Duterte wrote in her statement on Facebook. “Choosing to appear through counsel rather than testify personally does not diminish accountability or imply a lack of transparency. The integrity of an impeachment trial depends on adherence to the rule of law — not on whether the respondent personally takes the stand.”

Marcos, who was on a trip to Canada, told reporters in Vancouver that he would appear in person in court if he were facing an impeachment trial.

While this is Sara Duterte’s first impeachment trial, it’s her second impeachment as vice president. In 2024, she claimed to have arranged for Marcus to be killed if she were killed. The House of Representatives voted to impeach her for the comments, but the country’s Supreme Court blocked the effort.

Troops in landing craft approach Omaha Beach on D-Day in Normandy, France, on June 6, 1944. D-Day was the largest seaborne invasion in history and turned the tide of World War II. Photo by UPI | License Photo

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Even without birthright citizenship, Supreme Court co-signs much of Trump’s immigration agenda

Over the past year and a half, the Trump administration has turned repeatedly to the Supreme Court for clearance on its sweeping immigration enforcement plans. While the administration lost its bid this week to do away with birthright citizenship by executive order, its strategy has, in large part, been a success.

In a White House news release listing 60 actions the administration has taken as part of its America First agenda to restrict immigration, the first four actions were decisions by the Supreme Court.

After the court ruled in June that President Trump can, without judicial review, end temporary legal protections for hundreds of thousands of immigrants, his administration celebrated the ruling as a “major victory for American sovereignty.”

The list of accomplishments also noted that the high court had granted immigration officers greater leeway to remove green card holders who are accused but not convicted of crimes; allowed the administration to limit how many people can apply for asylum; and gave it the green light to continue deporting immigrants to third-party countries where they have no connection.

The decisions raise significant consequences for immigrants who have made their lives in the U.S., and stand to reshape public views over the country’s historic position as a place of refuge. The administration has not only tried to restrict illegal immigration, it has also targeted people residing in the country legally and stepped up efforts to drive them out.

The court’s term that ended last week is the most robust judicial affirmation of executive power over immigration in the court’s history, said Muzaffar Chishti, a senior fellow at the Migration Policy Institute, a nonpartisan think tank. Chishti said the rulings signify that future presidents could continue to change immigration policies at their discretion.

“The biggest impact is that we have now fully understood the power of the presidency, especially in immigration matters,” Chishti said. “Where there is any discretion left to the president or the executive, this Supreme Court has widened the limits of that authority.”

One of Trump’s earliest wins since returning to the White House came last September, when the Supreme Court affirmed that immigration agents can stop anyone they suspect of being in the country illegally on the basis of their perceived race and ethnicity, job or the language they speak.

Afterward, federal officials launched enforcement operations in Chicago, North Carolina and Minneapolis, using increasingly aggressive tactics until two U.S. citizens were shot and killed by immigration agents in January and the administration shifted course.

The Supreme Court’s rulings have landed with particular force in South Florida, which is home to the largest share of Venezuelan immigrants in the country.

The end of Temporary Protected Status — a program intended to protect people in the event of a natural disaster — heightened concerns about deportation to a country that is reeling after twin earthquakes from June 24. More than 100 Venezuelans deported from the U.S. hours before the disaster are among those missing.

Some Florida Republicans called on the administration to renew the legal protections for Venezuelans in the U.S.

“Congress specifically included earthquakes in the TPS statute for moments exactly like this,” said Rep. Maria Elvira Salazar (R-Fla.). “I urge the Administration to redesignate TPS for Venezuelans already in the United States because sending them back after this catastrophe is simply not the right thing to do.”

The White House did not respond to a request seeking comment on whether Trump would authorize humanitarian relief for Venezuelan immigrants.

Immigrants from El Salvador are now holding their breath for an upcoming decision on their TPS designation, which is set to expire Sept. 9.

About 1.3 million people from 17 countries were enrolled in the program when Trump took office last year. The administration has already terminated TPS for many of them, and the Supreme Court’s decision last week, which concerned Haitians and Syrians, clears the way for federal officials to continue.

“The implication of this is that at least most of the claims that have been litigated to challenge this administration’s illegal war on TPS are now foreclosed,” said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA, who presented arguments for the Syria case.

The concern among advocates took on greater urgency after The New York Times and other outlets reported on Thursdaythat immigration officials, seeking to reach a goal of 2,000 arrests per day, had detained more than 10,000 people in less than a week.

Arnulfo De La Cruz, who leads a California union representing thousands of home care workers with temporary protected status, said he is alarmed by the Supreme Court’s many immigration rulings.

“We’re getting into really dangerous territory with, in some ways, the Supreme Court almost legislating the priorities of the administration,” said De La Cruz, who is president of SEIU California and SEIU Local 2015. “That’s the responsibility of Congress.”

In a blow to a centerpiece of the administration’s immigration agenda, the divided Supreme Court upheld birthright citizenship — that, with few exceptions, a person born in U.S. soil is citizen.

Stephen Yale-Loehr, a retired Cornell University immigration law professor, called the ruling one setback among Trump’s largely successful restructuring of how the U.S. treats immigrants. He pointed to a tracker led by a Stanford University law professor that lists more than 700 immigration policy actions by the Trump administration so far.

“Despite this seemingly historic loss, the Trump administration is winning its war on immigrants,” Yale-Loehr said.

And now some Republicans, including Trump, are saying Congress should lead the attack on birthright citizenship.

“You can’t have the kinds of immigration programs other countries have when you can just have a baby here, and now that child is an American citizen,” said Stephen Miller, a Trump aide who is behind much of his immigration agenda.

But Chishti, of the Migration Policy Institute, said in reality, “Congress can’t do anything — it was left powerless by the Supreme Court.”

Other conservatives called on the administration to lean on the considerable authority it already has.

Dale Wilcox, executive director of the Federation for American Immigration Reform, a hard-line restrictionist group, said the birthright decision “makes it all the more urgent to step up enforcement to the maximum possible extent.”

Democrats, meanwhile, cheered the win while acknowledging that their fight against the administration’s immigration policies continues.

“We cannot rest,” said Sen. Alex Padilla (D-Calif.). “Because this is certainly not the end of Trump’s attacks on our Constitution, our democracy, and the notion of what it means to be American.”

More immigration-related cases are among those in the Supreme Court’s docket starting in October and could offer further expansions of executive power.

One case concerns more than 50,000 petitions filed in federal courts in hopes of obtaining the release of detained immigrants. Those petitions ballooned after the administration began limiting the ability of many immigrants to seek release through bond hearings in immigration court.

The administration is expected to put up a fierce defense.

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Column: The Founding Fathers pledged their fortunes to the cause of liberty. Trump enriches himself

Could the Declaration of Independence be signed today by this crop of political leaders, particularly the one who occupies and defaces the White House?

Not just sign, but sincerely mean it.

Especially the guy who bangs a wrecking ball against the historic East Wing to make room for an incongruous ballroom monstrosity, who mars the sacred Oval Office with gold glitter and paves over the lovely Rose Garden.

But never mind these displays of egotism and tackiness that currently blemish landmarks throughout the nation’s capital, including the National Mall, traditional site of the annual July Fourth fireworks.

Back to my central question: Would there be enough patriots today to affix their John Hancocks to a rebellious document that bravely concludes:

“For the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

Political leaders would very likely sign the more famous preamble that includes this passage, widely regarded as the most important sentence in American history:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

Those words probably would poll well and make salable talking points in local town halls. Even if the notion that all people are created equal would be recognized, as it was 250 years ago, as merely a lofty, hypocritical pie-in-the-sky goal. After all, the eloquent document’s principal author, Thomas Jefferson, owned 600 slaves.

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We’ve made a world of progress since then on equality. But clearly President Trump and much of America today don’t agree that all people are created equal and guaranteed the same right, for example, of due process in court. People such as undocumented immigrants — the tired, the poor and the “huddled masses yearning to breathe free.”

But that’s a heated and politicized 250-year-old debate that will continue indefinitely.

For me, the most striking and sincere sentence in the Declaration of Independence is the last one, in which 56 delegates to the Second Continental Congress in Philadelphia on July 4, 1776, unanimously pledged “our Lives, our Fortunes, and our Sacred Honor.”

“It was not a throwaway line,” notes UC Berkeley Law School Dean Erwin Chemerinsky, a constitutional scholar. “It was an acknowledgment that they were committing treason. It showed how deeply committed they were.”

The nation’s founders understood that in British King George III’s view, they were traitors. And if their rebellion failed, they’d be targets for execution.

“We must indeed all hang together or most assuredly we shall all hang separately,” Benjamin Franklin supposedly told delegates.

In fact, nine of the signers died during the Revolutionary War from disease, prison hardships or combat wounds.

An estimated 6,800 U.S. soldiers died in combat and more than 8,500 were wounded. An additional 17,000 Americans perished.

Several signers sacrificed their fortunes, some to help pay for the war.

Gen. George Washington — an immensely rich Virginia planter — refused to accept a salary as commander in chief of the Continental Army. He bought much of the ammunition and fighting gear himself, then was reimbursed after the war.

Sacred honor? That meant what it said back then. The revolutionary leaders proved their character with sacrifice and bravery.

The nation’s first president, Washington, could not tell a lie, according to myth. Of course, he routinely lied during the war to deceive the British. But our 47th president, Donald Trump, is a pathological liar who seems to prevaricate daily.

Would Trump pledge his fortune to the cause of liberty?

That’s hard to imagine of a president who uses the office to promote and prosper from his own brand name. And whose income ballooned to $2.2 billion in 2025, his first year back in the White House after being booted by voters in 2020, a humiliation he still doesn’t have the integrity to acknowledge.

“President Trump is using the office to enrich himself and his family in ways we’ve never seen before,” Chemerinsky asserts.

Pledge his life? Please!

This is a man who once faked bone spurs to avoid the military draft. OK, he wasn’t the only young fellow who dodged combat in the unnecessary Vietnam War, which claimed the lives of 58,000 Americans.

But Trump has called America’s war dead “suckers” and “losers,” according to former aides. He denies it.

There’s no question he expressed contempt for the late Sen. John McCain, who spent more than five years as a North Vietnamese prisoner. “He’s not a war hero,” Trump said. “I like people who weren’t captured.”

The Declaration of Independence was about severing the chains of a British monarchy and creating a government powered by the people with checks and balances.

Trump has attempted — often successfully — to govern as a monarch, ignoring the checks and balances of Congress and the judiciary. He has gotten away with it because bullied Republican congressional leaders have mostly rolled over like lapdogs.

But we may be seeing the early signs of a mild revolt against the king as Trump sinks further in the polls and we draw closer to the November elections.

That’s sort of what the founders had in mind: a government deriving its power “from the consent of the governed.” And when citizens are subjected to “absolute Despotism, it is their right, it is their duty, to throw off such Government.”

So could the Declaration be signed today? Hard to say. There’s no King George hovering over us. Only a wannabe king.

But, yes, I suspect there’d be a signing. Independence is a dominant gene in America’s DNA.

What else you should be reading

The must-read: What you should know about the $351.7-billion state budget Newsom just signed
Go your own way: Facing setbacks and resistance, Trump presses bid to reshape elections on multiple fronts
The L.A. Times Special: More money and patience could help California’s vote count

Until next week,
George Skelton


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La. Supreme Court grants stay of AG Liz Murrill’s indictment

July 3 (UPI) — The Louisiana Supreme Court granted a stay on state Attorney General Liz Murrill’s indictment, less than 24 hours after a grand jury approved charges.

The New Orleans grand jury charged Murrill, a Republican, with 16 felony counts of malfeasance in office and public intimidation related to alleged threats contained in a letter she sent to Orleans Parish leaders in May.

The letter allegedly threatened recipients, including Democratic Mayor Helena Moreno and District Attorney Jason Williams, that they could lose their positions if they opposed a new law to combine New Orleans’ criminal and district clerks of court. The eliminates the position of newly-elected Clerk of Court Calvin Duncan, a Democrat.

The Louisiana Supreme Court halted the criminal proceedings Friday morning, citing potential conflicts of interest tied to special prosecutor Laurie White’s past actions representing Duncan.

The court’s ruling also questioned reports of incidents during the grand jury proceedings, including allegations that journalists were forcibly removed from the proceedings in handcuffs.

“While the record before this Court is undeveloped, there is considerable support for the view that the Attorney General is likely to succeed on the merits of a motion to quash this indictment on either a legal basis or due to apparent procedural irregularities,” The Hill quoted the ruling as stating.

“The Attorney General makes a compelling argument concerning the disturbing defects in the grand jury proceedings and in the trial court’s handlings of those proceedings. This indictment appears to turn the law on its head and flows from what appear to be extraordinary procedural defects and improprieties.”

Murrill praised the development in a statement posted to social media.

“I’m grateful to the Louisiana Supreme Court for swiftly issuing a stay in this matter. The constitution and laws of Louisiana impose a wide swath of duties on the Attorney General. I will continue to carry out those duties to the best of my ability,” she wrote. “This matter is not over. I will still need to file the necessary motions to seek a dismissal, which will be forthcoming.”

Louisiana Gov. Jeff Landry, R, had earlier pledged to pardon Murrill.

“I would like to inform the great citizens of Louisiana who care about the rule of law, that our fabulous Office of the Louisiana Attorney General Liz Murrill will not have to worry about having her reputation tarnished by this kangaroo grand jury or the Orleans Kangaroo court as I will pardon her as fast as the law allows. The criminal justice system is a circus at its finest in Orleans and we will not have any of that,” he wrote on social media.

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California puts more money toward speeding its election count

Chances are, right about now, you’re considering how you’d like to spend this upcoming Fourth of July weekend. At the beach, maybe, at a barbecue or whatever place sets fireworks pinwheeling through your holiday-happy mind.

Which makes it a perfectly excellent time to talk about elections and vote counting.

Every two years, in the spring and fall, California holds an election. Every two years the state faces an outraged chorus, voices raised nationwide, decrying the length of time it takes to tally the millions of ballots cast and, in a handful of races, determine the winner.

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Then, just as suddenly, the din fades away, the focus shifts and the election process is forgotten until the next round of howling protest.

Just that word, process, can throttle and snuff the life out of the subject.

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So it’s good news that lawmakers in Sacramento have used this inattentive time to address the biennial hullabaloo and perhaps shut some people up.

The budget that Gov. Gavin Newsom signed into law Monday includes an additional $40 million aimed at speeding up California’s vote count, and even if the sum is less than half the $90 million sought by reform-minded advocates, it’s something.

Most of the money will go toward staffing, technology and equipment upgrades. Another $10 million will pay for voter education and outreach. A further $750,000 will be used to combat election misinformation. (A $3.50 roll of duct tape would be a far more economical way to address the latter were it applied to the inciteful mouth of America’s election-denier-in-chief. More about him in a moment.)

“While the amount budgeted is less than we had recommended, it still represents a sizable investment that prioritizes timely election results,” said Kim Alexander, head of the nonpartisan California Voter Foundation, which has been at the forefront of election reform efforts in the state.

A surprise Supreme Court decision

As it happens, the budgetary infusion came the same day the U.S. Supreme Court upheld the right of states to count mail ballots that are postmarked by election day, even if they arrive days afterward. In California, where most voters mail their ballots, that lag time can be up to a week.

It was a surprise decision from this most Trump-obeisant court, a setback for the petulant president and a ruling that will have very little effect on California’s prolonged vote counting.

That’s because those late-arriving ballots have very little to do with the time it takes to complete the count. My colleague Kevin Rector reported that in 2024 California tallied more than 406,000 late-arriving mail ballots — which represents only about 2.5% of the more than 16 million ballots cast. The long count is a result of the huge number of ballots placed in drop boxes or arriving at processing facilities on or just before election day — and, really, is it such a bad thing for voters to watch for late developments before letting go of their ballot?

(Does the name Eric Swalwell ring any bells?)

Lawmakers in California made a purposeful decision that voting should be convenient and not a chore, as a way to to encourage the greatest turnout possible. That’s a good thing if you believe in our system of representative democracy. The voice of the people, and all that.

There wasn’t much hue or cry — especially about mail balloting, which has exploded in popularity and introduces all sorts of time-consuming steps, such as signature verification — until Trump cried fraud and made other specious claims. That’s what happens when you have a sore, whiny loser astride the bully pulpit; Trump is perfectly willing to torch people of good faith and burn working systems to the ground if it salves his eggshell ego.

An election, not a soccer match

Many political commentators are complicit in Trump’s arson.

Awaiting California’s election results, they act like pouty birthday children forced to leave their presents unopened until all the kids have had their cake. They speak of voters losing faith in the election process without explaining the commendable reason for the delay — seeking maximum voter participation — or acknowledging how their impatience contributes to the sense that something wrong is afoot.

At bottom, the push for instant results, and instant gratification, is much more about sating the curiosity of pundits and political junkies than some widespread agita among voters glued to the ballot-counting as if it were a World Cup match.

Is there a soul out there who feels there’s insufficient time between June 8, when the Associated Press called the Los Angeles mayoral race, and June 9, when the call came in the gubernatorial contest, for candidates to present their cases and voters — who haven’t already decided — to make up their minds?

Hang out with family and friends. Enjoy some barbecue. Watch fireworks paint the night sky. There’s plenty of time for speechifying, TV ads and campaign mailers to blitz the state between now and the election on Nov. 3.

Frankly, most Californians welcome the break.

What else you should be reading

The must-read: What you should know about the $351.7 billion state budget Newsom just signed
The deep dive: Costs of Iran war will linger despite conflict’s end, experts say
The L.A. Times Special: This California bill is so bad it has me agreeing with a Trump Republican

Until next time,
mzb

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Supreme Court to consider challenge to semiautomatic weapon bans

Supreme Court Associate Justice Brett Kavanaugh, left, speaks with Chief Justice John Roberts in January 2025 in the U.S. Capitol in Washington, D.C. The Supreme Court on Tuesday announced that it will decide if states and cities can bar people from owning semiautomatic weapons, including AR-15-style rifles. File photo by Chip Somodevilla/UPI | License Photo

June 30 (UPI) — The U.S. Supreme Court on Tuesday announced that it will decide if states and cities can bar people from owning semiautomatic weapons, including AR-15-style rifles.

The court had previously declined to hear this challenge in 2025 and other times previously, CNN reported. It includes an appeal from two Illinois residents who want to buy AR-15 rifles but cannot because of a county ordinance making it illegal to buy or possess some assault weapon types. The case will be combined with one involving Connecticut residents who challenged the state’s ban on the weapons.

The high court’s current 6-3 conservative majority often backs gun rights, NBC News reported. When the court declined to hear a similar case last year, conservative Justice Brett Kavanaugh wrote in an opinion that the court “should and presumably will address the AR-15 issue soon,” CNN reported. He said most states do not ban the weapons and those that do are “something of an outlier.”

Fifteen states and the District of Columbia ban the weapons.

People have used assault weapons such as AR-15 rifles and other semiautomatic rifles in multiple mass shootings, including the 2012 shooting at Sandy Hook Elementary School in Connecticut. Twenty children and six adults died in that shooting, leading to the change in Connecticut’s laws to ban the weapons. Nineteen children and two adults died in a similar shooting involving semiautomatic weapons in 2022 at an elementary school in Uvalde, Texas.

The court will hear the challenge in its next term, which starts in October.

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Supreme Court rules that states may ban trans athletes from girls’ sports teams

The Supreme Court on Tuesday upheld laws in West Virginia and Idaho that forbid transgender athletes from competing on girls’ sports teams.

In a 6-3 decision, the court said the federal Title IX law envisioned separate teams for girls and boys based on their biological sex at birth.

“Separate sports teams for biological males and biological females are reasonable,” wrote Justice Brett M. Kavanaugh. “Given the inherent physical differences between the sexes, allowing only biological females to play on women’s and girls’ teams can reduce the risk of physical injury and ensure fair competition.”

Kavanaugh, who has coached girls’ teams for many years, said 27 states have adopted laws prohibiting transgender athletes on girls’ teams.

But his opinion does not say states such as California must change their laws that forbid schools from discriminating based on gender. Instead, he stressed states are free to make their own decision.

“Consistent with Title IX and the Equal Protection Clause, we hold that the states may maintain women’s and girls’ sports for biological females. They may determine eligibility for women’s and girls’ sports based on biological sex. The Constitution and Title IX do not require an overhaul of women’s and girls’ sports throughout America,” Kavanaugh said.

Justice Sonia Sotomayor dissented in part. She said the state should have considered transgender students on a case-by-case basis to decide whether they had an unfair advantage. Justices Elena Kagan and Ketanji Brown Jackson dissented as well.

The court’s decision is likely to bolster the Trump administration’s drive to pressure states, schools and universities that permit transgender athletes to compete on girls’ and women’s sports teams.

Because the Education Department provides federal funds to these states and schools, it can require them to comply with Title IX.

The sole plaintiff in the court case was Becky Pepper-Jackson. Now 15, she has carried on a lonely legal fight to compete on her school’s track team in Bridgeport, W.Va.

Designated male at birth, she says she is the only transgender girl competing in her state and has been the target of complaints and protests.

Her case drew strong reactions on both sides of the issue.

West Virginia Gov. Patrick Morrisey hailed Tuesday’s decision as “one of the most important victories for women’s athletics” since the passage of Title IX in 1972.

“We defended a simple principle most Americans instinctively understand — that women’s sports exist to provide women and girls a fair opportunity to compete and succeed,” he said.

Penny Nance, president of Concerned Women for America, said “it is self-evident that males and females are biologically different, and the U.S. Supreme Court has confirmed this truth. It is fundamentally unfair for a male who feels like a female to demand that biological categories be ignored to accommodate his desire to compete among females.”

Joshua Block, the ACLU attorney who argued the case, called it “a heartbreaking ruling for our clients and transgender girls like them who’ve asked for nothing more than the same opportunities afforded to their peers,” he said.

“The reality is that the equality of transgender women and girls takes nothing away from, and in fact promotes, the equality of all women and girls.”

“This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers,” said Sasha Buchert, senior attorney with Lambda Legal. “Countless studies have demonstrated the myriad benefits that come with participation in team sports.”

The sports career of Becky Pepper-Jackson reflects some of the difficulty of the issue.

In sixth grade, she participated in cross country and described herself as slow. She “routinely placed near the back of the pack,” her attorneys told the court.

Her court appeals focused on a wish to participate in sports, not to win. But upon reaching high school, she has been winning.

In 2024, she “placed in the top three in every track event in which B.P.J. competed, winning most,” the state’s attorneys said. In the spring of 2025, “focusing on strength events, B.P.J. bumped female competitors out of the state tournament, then placed third in the state in discus and eighth in shot put while competing against much older female athletes,” they told the court.

Her ACLU attorney explained she has been winning in the shot put and discus “through hard work and practice,” not because of an advantage based on biology.

He said she “received puberty-delaying medication and gender-affirming estrogen that allowed her to undergo a hormonal puberty typical of a girl.”

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Supreme Court will decide a gun-rights challenge to blue-state bans on assault weapons

The Supreme Court announced Tuesday that it will hear a 2nd Amendment challenge to the gun laws in Connecticut and Cook County, Ill., that ban most semiautomatic assault weapons.

Before leaving for the summer recess, the justices issued orders on new cases that will be heard in the fall. The new 2nd Amendment case figures to be a major test of what kinds of firearms and ammunition are off-limits to state or federal regulation.

The outcome will affect California and all the states led by Democrats that strictly regulate or prohibit semiautomatic rifles, such as the AR-15.

Gun-rights advocates say these are among the most common and popular weapons in the country, and they should not banned in some states.

In response, Connecticut state attorneys said only about 2% of Americans own assault weapons, and they rarely use them for self-defense.

Since 1989, California has prohibited the sale and possession of most semiautomatic rifles and pistols that can fire more than 10 shots before reloading. Nine other states led by Democrats have similar laws.

State lawmakers said these rapid-fire guns are not needed for self-defense but can be a weapon of mass murder. All of the blue-state bans could be struck down next year if the court’s conservatives rule in favor of the 2nd Amendment claim.

Gun-rights advocates say firearms in “common use” by law-abiding owners cannot be prohibited by the government.

Four of the court’s conservatives have said in past dissents they believe the state bans on assault weapons run afoul of the 2nd Amendment. They are Justices Clarence Thomas, Samuel A. Alito, Neil M. Gorsuch and Brett M. Kavanaugh.

That suggests the fate of those state laws depends on Chief Justice John G. Roberts and Justice Amy Coney Barrett.

Joining in support of the gun-rights challenge were the state attorneys for Montana, Idaho and 25 other Republican-led states.

They urged the court to prevent liberal judges and states led by Democrats from “rewriting the 2nd Amendment … to allow hostile jurisdictions to continue infringing on their citizens’ core constitutional right to keep and bear arms.”

In 2016, California’s voters approved a ballot measure that makes possession of large-capacity magazines illegal. At least 10 states have similar laws, but they apply only to the manufacture and sale of large-capacity magazines.

Gun-rights advocates sued in San Diego, leading to nearly a decade of back-and-forth litigation. A federal judge struck down these restrictions under the 2nd Amendment, but the state appealed. They were eventually upheld by the 9th Circuit Court in an en banc ruling.

Meanwhile, the 7th Circuit Court in Chicago has upheld an Illinois law and the Cook County ordinance prohibiting semiautomatic rifles and pistols. Its opinion said rapid-fire guns do not differ significantly “from machine guns and military-grade weaponry,” which can be banned under the 2nd Amendment.

Before Tuesday, the justices had repeatedly refused to weigh in on whether the 2nd Amendment’s right to “keep and bear arms” includes the right to semiautomatic “assault weapons” and large-capacity magazines.

Since 2015, the court has turned down gun-rights appeals from blue states like Illinois and Maryland over their bans on “assault weapons,” despite dissents from Justices Thomas, Alito and Gorsuch.

As an appeals court judge in Washington, D.C., Kavanaugh voted to strike down the city’s ban on assault weapons.

Three years after John Roberts became chief justice, the court ruled for the first time in 2008 that the 2nd Amendment protected individual gun rights, not just state militias. But the 5-4 decision simply struck down a city’s ban on having a hand gun at home for self-defense.

Justice Antonin Scalia’s opinion in District of Columbia vs. Heller said the Constitution gives law-abiding persons a right to have weapons in “common use” for self-defense, but not “dangerous and unusual weapons.”

Ever since, advocates for gun rights and gun control have been arguing over whether semiautomatic guns with large-capacity magazines can be regulated because they are uniquely dangerous or are protected because they are very common.

In the past two years, the Supreme Court has a mixed record on gun regulation.

Last year, the justices in a 6-3 decision struck down a federal regulation that banned “bump stocks,” which allow rapid-fire shooting with a semiautomatic rifle.

That regulation was adopted in the first Trump administration in response to the mass shooting at an outdoor concert in Las Vegas where a lone gunman fired as many as 1,000 shots from a hotel window.

The conservative majority ruled the bump stock devices did not fit the definition of a prohibited machine gun.

Earlier this year, however, the court in a 7-2 decision upheld a regulation prohibiting unregistered “ghost guns” that were made by parts kits.

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Supreme Court strikes down Watergate-era limits on campaign funds for political parties

The Supreme Court on Tuesday struck down Watergate-era limits on how much political parties can spend in a coordinated campaign with their candidates.

By a 6-3 vote, the court said the restrictions on parties and their campaign ads violate the 1st Amendment.

Justice Brett M. Kavanaugh said the court was restoring broad free speech protections for parties and their candidates.

“For nearly 200 years after the ratification of the 1st Amendment, parties could spend freely to support their candidates during campaigns and could do so in coordination with the candidates,” he wrote. “Notably, no one suggests ‘that these elections were not functional or that they were marred by corruption’.”

The decision is a victory for the National Republican Senatorial Committee and is likely to give a boost to Republicans this year in their bid to maintain control of Congress.

That’s because the national Republican committees that support their Congressional candidates have $230 million available to spend this year, while the struggling Democratic committees have less than $120 million.

The party funding limits were challenged in 2022 in a lawsuit filed by JD Vance, who was then running in Ohio for a Senate seat, along with the Republican party committees.

Republicans argued these restrictions on parties were outdated and unwise in an era when “SuperPACs” can raise and spend huge amounts of money to promote candidates because they are independent.

If so, they asked, why shouldn’t the parties be free to raise money and coordinate their campaign ads with the candidates?

Under the current limits, the Federal Election Commission says an individual donor may give only $3,500 to a candidate seeking a federal office, but $132,900 to the national party committees.

Since the 1970s, however, federal election law has limited the parties from funding the campaigns of their candidates on the grounds that it could allow wealthy donors to buy influence.

But the court’s conservatives have repeatedly ruled that campaign money is protected as free speech under the 1st Amendment.

In the Citizens United case of 2010, they struck down the laws that restricted election spending by individuals, companies, unions and other groups.

Left standing were the rather low limits on direct contributions to candidates as well as the limits on how much parties could contribute to directly support candidates.

The limitations on parties and how they support their candidates have been disputed for decades.

The Supreme Court upheld the limits by a 5-4 vote in 2001 and said these “coordinated expenditures” were more like contributions than independent spending, and therefore, could be limited to protect against corruption.

Two years ago, the Biden administration defended the law, and an appeals court upheld it based on the court’s 2001 decision.

But last year, the Supreme Court agreed to hear the new challenge in National Republican Senatorial Committee vs. FEC.

Rather than defend the law, the Trump administration sided with the GOP and said the party limits should be struck down.

In dissent, Justice Elena Kagan looked back to the history of the Watergate era.

“For over half a century, a federal statute has guarded against actual and apparent quid pro quo corruption in our political system by limiting the amount of money a donor can contribute to a candidate,” she said. “The law’s theory is simple: A candidate may be induced to trade official acts for campaign contributions—and the bigger the contribution, the stronger both the candidate’s temptation and the public’s suspicion.

“But today, the court rewrites the rules, to allow circumvention of the contribution limits … and ushers back in the same opportunities for quid pro quo corruption that the contribution limits were meant to check.”

Justices Sonia Sotomayor and Ketanji Brown Jackson agreed.

The Democratic National Committee and attorney Marc Elias had stepped in to defend the limits.

He said the parties are free to speak in favor of their candidates but he argued that allowing them to “subsidize the campaign expenses of their candidates” is a contribution that can be regulated.

Otherwise, the “potential for actual or apparent corruption is is obvious,” he said.

The ruling is another election-year boost for the GOP.

Last month, the court’s conservatives ruled the Voting Rights Act did not prevent Republican-controlled states in the South from redrawing congressional districts that favored Black Democrats.

New maps in Louisiana, Alabama, Tennessee and Florida are expected to flip several seats in favor of the GOP.

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Supreme Court rejects Trump’s plan to limit birthright citizenship

The Supreme Court on Tuesday upheld the Constitution’s promise that all those born here are citizens of the United States, regardless of the status of their parents.

In a 6-3 decision, the justices rejected President Trump’s plan to revise the Constitution by executive order and to end citizenship at birth for newborns whose parents were here illegally or temporarily.

Chief Justice John G. Roberts spoke for the court to reject Trump’s proposed limits on birthright citizenship.

“Citizenship, then and now, was the right to have rights — to freely participate in our political community,” he said. “The Framers of the 14th Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”

Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson joined in full. Justice Brett M. Kavanaugh concurred in the outcome based on the federal law that incorporates birthright citizenship.

But the outcome was closer than most had predicted.

Justices Clarence Thomas, Samuel A. Alito and Neil M. Gorsuch dissented in agreement with Trump.

The decision is the second major defeat for Trump from a conservative court that usually supports broad presidential power.

In February, the court struck down Trump’s sweeping worldwide tariffs, his signature economic policy. Roberts said Congress, not the president, has the power to raise revenue and impose taxes, including duties on imports.

In April, Trump came to the court to hear the arguments over birthright citizenship. He sat in the gallery while the justices posed steadily skeptical questions to his solicitor general.

He left after an hour having heard enough to know he was likely to lose.

It was the rare Supreme Court case which was decided based simply on the words of the Constitution.

The justices, both conservative and liberal, say they look to what the Constitution says and how its words were originally understood.

The 14th Amendment adopted in 1868 says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State where they reside.”

The amendment overturned the infamous Dred Scott decision of 1857, which declared that Black persons could not become U.S. citizens.

In its place, the Reconstruction Congress adopted the broad view of citizenship based on the place of birth, not parentage, that had been part of English law for centuries.

In the 19th Century, it was understood that the only exceptions to this rule of birthright citizenship were for the children of foreign diplomats, foreign troops on American soil or, for a time, Native Americans who lived on tribal reservations.

In 1924, Congress extended full citizenship to all Native Americans who were born in this country.

The Supreme Court had also confirmed the broad understanding of birthright citizenship in 1898. The justices upheld the U.S. citizenship of Wong Kim Ark who born in San Francisco to Chinese parents who later returned to China.

“The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory,” the court said then. “In clear words and in manifest intent, [it] includes the children born, within the territory of the United States, of all other persons, of whatever race or color.”

Congress added birthright citizenship to the immigration laws in 1952.

But in his first day back in the White House, Trump signed an executive order to revise the citizenship laws.

“The privilege of United States citizenship is a priceless and profound gift,” he wrote, and in the future, it will not extend to newborns whose parents are in this country unlawfully or temporarily, such as on tourist, student or work visa, he said.

His proposal was quickly blocked by judges as unconstitutional, and it never went into effect.

In his appeal, Trump’s attorney argued that judges have been “misreading” the phrase “subject to the jurisdiction.”
He said this refers to “political allegiance.”

By that standard, the children of temporary visitors and unlawful immigrants are not citizens because they and their parents “not completely subject to the United States’ political jurisdiction,” according to the administration.

Trump could have proposed legislation on tariffs and birthright citizenship and urged the Republican-led Congress to adopt new laws. Instead, he chose to try to change the law and revise the Constitution by executive order.

Before the Supreme Court, Trump’s attorney pointed to the surge of illegal immigration in recent decades.

“We’re in a new world now,” he said, one that calls for new restrictions on citizenship.

“It’s a new world. It’s the same Constitution,” responded Roberts.

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Supreme Court refuses Trump’s appeal of E. Jean Carroll’s $5-million sexual abuse verdict

The Supreme Court on Monday turned down without comment President Trump’s appeal of a $5-million jury verdict for sexually abusing E. Jean Carroll in the dressing room of a Bergdorf Goodman store in Manhattan nearly 30 years ago.

None of the justices registered a dissent.

When Carroll reported the incident in a book, Trump called it “a hoax and a lie,” prompting her to file a second claim for defamation.

Trump and his lawyers argued he was unfairly held liable because the jurors heard from two other women who said Trump groped them. And they listened to Trump’s own words on his willingness to abuse women.

“When you’re a star … you can do anything,” Trump said on the “Access Hollywood” tape from 2005 that the jurors heard.

Trump defended those comments in a 2022 deposition that was used during the trial.

“Historically, that’s true with stars,” he said. “If you look over the last million years, I guess that’s been largely true. Unfortunately, or fortunately.”

Usually, a defendant’s prior bad acts are excluded from a jury trial.

But in 1994, Congress amended the federal rules of evidence to make an exception for civil suits involving alleged sexual abuse. Rule 415 says the judge “may admit evidence that the party committed any other sexual assault.”

In Trump’s case, the U.S. appeals court in New York said the rule “permits a jury to consider evidence of a different sexual assault precisely to show that a defendant has a pattern or propensity for committing sexual assault.”

Two women testified that Carroll had told them about the dressing room assault shortly after it happened. And two other women testified Trump had assaulted and groped them.

Carroll testified over three days at the trial. Trump did not attend and chose not to testify.

Trump posted on social media that he was surprised by the court’s refusal to act on his appeal.

“I will continue the fight against this Weaponization and Lawfare Case against me, including the ridiculous claim of Defamation, with all of my power and strength. This Case is really against the United States of America, and all it stands for, and should never be allowed to happen to another President, or Candidate to be!”

The federal rules say judges may exclude “propensity evidence” if they decide its value is “substantially outweighed by a danger of … unfair prejudice, confusing the issues or misleading the jury.”

U.S. District Judge Lewis Kaplan, who presided over the trial, permitted the use of the propensity evidence, and the 2nd Circuit Court of Appeals upheld his decision in December 2024, shortly after Trump won election to a second term.

Lawyers for a Missouri law firm founded by Solicitor Gen. D. John Sauer filed an appeal petition in November urging the court to review the case of Trump vs. Carroll and order a new trial.

They said Carroll’s claims were “facially implausible and politically motivated” and her trial “rested fundamentally on improper propensity evidence that courts ordinarily disavow.”

They devoted most of their appeal to arguing that the court should take up the case because judges are divided on when propensity evidence should be excluded.

But they also urged the court to intervene because they said Trump was being mistreated by the judges in New York.

“It is deeply damaging to the fabric of our Republic for President Trump, in the midst of a historic presidency, to have to take his focus away from his singular and unique duties as Chief Executive to continue fighting against decades-old, false allegations and the myriad wrongs throughout this baseless case,” they wrote.

Trump is also appealing a separate but related defamation verdict that ordered him to pay Carroll $83 million.

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Supreme Court: Trump may fire heads of independent agencies, but not the Federal Reserve

The Supreme Court on Monday gave President Trump new power to fire the heads of most independent agencies created by Congress — but not the Federal Reserve.

Chief Justice John G. Roberts Jr. announced two opinions, one of which bolstered the president’s power as the chief executive and a second which said this authority did not extend to the Federal Reserve board.

The first was a 6-3 decision that had the support of five conservatives, while the second had a 5-4 majority that included the three liberals.

Roberts, a former White House lawyer, has long been skeptical of independent agencies whose officials may wield regulatory power in conflict with the views of the president.

Since the 1880s, however, Congress has at times created independent agencies led by a bipartisan board of experts. In 1935, a unanimous Supreme Court had upheld these multi-member boards and commissions.

But Roberts and the court overturned that precedent and declared it conflicts with the executive power of the president.

“Our Constitution creates three branches, but only one President,” he wrote. “To discharg[e] the duties of his trust, the President must have the assistance of officers he can trust. … Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people.”

The decision upholds Trump’s firing of Rebecca Slaughter, one of two Democratic appointees on the five-member Federal Trade Commission.

Rebecca Slaughter leaves the Supreme Court in December.

The Supreme Court upheld President Trump’s firing of Rebecca Slaughter, a Democratic appointee to the Federal Trade Commission.

(Graeme Sloan / Bloomberg / Getty Images)

In dissent, Justice Sonia Sotomayor said that the ruling “distorts the structure of government to fit the majority’s theory of unitary, total executive control. The result is a President who emerges with far greater power than ever before. It is a power, however, that neither the People, nor Congress, nor the Constitution bestowed upon him.”

Under what has been dubbed the “unitary executive” theory, the court’s conservatives believe the president’s executive power in Article II of the Constitution overrides Congress’power in Article I to write the laws and structure the government.

The departments and agencies of the federal government exist only because Congress created them by law.

But in the second opinion, the court blocked Trump’s bid to fire Fed Governor Lisa Cook, an appointee of President Biden.

Roberts said the central bank dates back to the nation’s founding, and Congress created the Federal Reserve Board in line with “our Nation’s tradition of central banking protected from political interference.”

Trump tried to fire Lisa Cook in a social media post, he said.

But “the Federal Reserve’s Governors do not serve at the President’s pleasure — they instead serve staggered 14-year terms, and may be removed only ‘for cause’,” he wrote.

Justice Brett M. Kavanaugh cast a crucial vote to support the Fed’s independence. He said he joined the majority because it “confirms the longstanding historical practice and understanding that the Federal Reserve is an independent agency whose Governors enjoy for-cause removal protection consistent with Article II of the Constitution.”

The court did not finally decide on Cook’s case, except to say she deserved due process of law. She could not be fired without a hearing and evidence, the court said.

The setback for independent agencies came as no surprise, however.

Even prior to Trump’s election, Roberts has insisted agency officials must be accountable and under the control of the president.

Last year, the justices blocked lower court rulings that would have reinstated agency officials who were fired by Trump.

For most of American history, however, it had been understood that Congress had the power to structure the government and to create semi-independent agencies to carry out specific tasks like regulating railroad rates or the money supply.

These agencies and commissions were led by a bipartisan board of experts who were appointed with a fixed term. They could be fired only for cause, not because of a political disagreement with the president.

The Supreme Court upheld these multi-member commissions in 1935 on the grounds their work was more legislative and judicial than simply enforcing the law.

But the court’s current conservative majority has contended these commissions and boards wield executive authority and are therefore, subject to direct control by the president.

In creating such bodies, Congress often was responding to the problems of a new era.

The Interstate Commerce Commission was created in 1887 to regulate railroad rates. The FTC, the focus of the court case, was created in 1914 to investigate corporate monopolies.

The year before, the Federal Reserve Board was established to supervise banks, prevent panics and regulate the money supply.

During the Great Depression of the 1930s, Congress created the Securities and Exchange Commission to regulate the stock market and the National Labor Relations Board to resolve labor disputes.

Decades later, Congress focused on safety. The National Transportation Safety Board was created to investigate aviation accidents, and the Consumer Product Safety Commission investigates products that may pose a danger. The Nuclear Regulatory Commission protects the public from nuclear hazards.

Typically, Congress gave the appointees, a mix of Republicans and Democrats, a fixed term and said they could be removed only for “inefficiency, neglect of duty or malfeasance in office.”

Slaughter was first appointed by Trump to a Democratic seat and was reappointed by Biden in 2023 for a seven-year term.

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