supreme court

Federal appeals court strikes down ICE’s mandatory detention policy

An Immigration and Customs Enforcement officer walks back to his vehicle after checking the documentation of a construction worker during a random stop in Minneapolis, Minn., on January 9. File Photo by Craig Lassig/UPI | License Photo

Aug. 28 (UPI) — A federal appeals court on Friday ruled against a policy by the U.S. Immigration and Customs Enforcement that greatly expanded detention for migrants living in the country for years.

Under the Trump administration, ICE has changed its policies to treat people with extensive ties to the United States as still “seeking admission.”

That policy shift allows the agency to subject people who have lived in the country for years to mandatory detention without bond.

On Friday, the 3rd U.S. Circuit Court of Appeals struck down the policy, marking the eighth time ICE has been rejected over this same issue in federal appeals court.

In more than 13,000 cases challenging the policy, judges have ruled against ICE more than 90% of the time, Politico reported.

The federal panel said ICE’s policy is incongruent with the law, which is to be applied differently depending on how recently a specific person entered the country.

“Contrary to the Government’s view, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘IIRIRA’) retained two tracks for detention even though it overhauled the procedures for removing noncitizens from the United States,” the court wrote in its decision.

“Before IIRIRA, noncitizens arriving in the United States were subject to ‘exclusion’ and those already in the country were subject to ‘deportation’ — the former were held in mandatory detention while the latter were afforded bond.”

The appeals court also ruled that ICE’s policy violates the Constitution’s Due Process Clause.

“The Supreme Court has recognized the Fifth Amendment’s ‘Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.'”

The court added: “Because Petitioners here have lived in the United States for decades, they have ‘established connections’ in the country and are entitled to due process rights beyond those provided to noncitizens at the border.”

President Donald Trump signs an executive order to rename Lake Ontario as Lake America in the Oval Office of the White House on Thursday. Photo by Al Drago/UPI | License Photo

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Pentagon asks Supreme Court to allow ban on trangender troops

Aug. 28 (UPI) — The Trump administration on Friday asked the Supreme Court to allow the Pentagon to ban transgender individuals from serving in the military.

A federal appeals court ruled in June that the military’s attempts to remove transgender Americans was “both arbitrary and based upon animus.”

On Friday, Solicitor General John D. Sauer appealed to the country’s top court to reverse the ruling.

“The court asserted that the policy likely denies equal protection because it reflects invidious discrimination against trans-identifying people,” Sauer wrote in his petition. “That gravely erroneous holding warrants this Court’s review.”

“The authority of the U.S. military to determine who may serve in the Nation’s armed forces is a matter of exceptional importance,” he added. “Whether the Constitution prohibits the military from exercising that authority by adopting a policy like the one here is a recurring issue, which has arisen before and will likely arise again absent this Court’s review.”

President Donald Trump has targeted transgender service members since the first days of his second administration.

He signed an executive order saying transgender troops’ health needs are “inconsistent” with service in the military.

The National Center for LGBTQ Rights and GLAD Law sued in February, and the federal appeals court in the District of Columbia agreed with the plaintiffs.

Judge Robert Wilkins said the ban on transgender service members “appears driven by the bare desire to harm a politically unpopular group.”

“We are confident the Supreme Court will affirm that the Trump administration cannot base policies on hostility toward a group of people,” said Jennifer Levi, GLAD Law senior director of transgender and queer rights, in a statement.

“As the Trump administration’s own attorneys admitted, these are qualified individuals who are meeting all military standards,” Levi added. “There is no reason to waste millions of taxpayer dollars to kick out thousands of highly trained, skilled, and decorated troops based on nothing but hostility and this administration’s political whims.”

The Supreme Court is on summer recess and will return on Oct. 5.

President Donald Trump signs an executive order to rename Lake Ontario as Lake America in the Oval Office of the White House on Thursday. Photo by Al Drago/UPI | License Photo

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President Trump loses again in bid to erase his hush money conviction

A federal judge on Friday once again spurned President Trump’s effort to erase his hush money conviction, rejecting the president’s bid to move the state court case to federal court and have it dismissed on presidential immunity grounds.

Judge Alvin K. Hellerstein reiterated his earlier finding against Trump, saying that the reasons Trump cited for renewing his request were “neither new nor legally sufficient.”

The judge added: “He has failed to show good cause and diligence.”

It is the third time Hellerstein has blocked Trump from having the U.S. District Court in Manhattan seize control of the case from the New York court where he was tried and convicted.

And, like before, Trump will appeal, according to a spokesperson for his legal team who called Hellerstein’s ruling “baseless and lawless.”

“The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be removed to federal court, and immediately overturned and dismissed,” a statement issued on behalf of the legal team said. “President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”

The guilty verdict, reached in May 2024 while Trump was between terms, made him the first former — and now current — U.S. president to be convicted of a crime. Trump is also challenging his conviction through the state court appellate process, which is pending.

Hellerstein’s decision came after a federal appeals court last year ordered him to reconsider his prior denial. The judge previewed his ruling during oral arguments in February, slamming Trump’s lawyers for legal maneuvers that amounted to taking “two bites at the apple.”

State prosecutors did not immediately respond to a request for comment.

The case centered on a payment to Stormy Daniels

Trump was convicted in May 2024 of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to adult film actor Stormy Daniels, whose claim of a sexual encounter with Trump a decade earlier had threatened to upend his 2016 presidential campaign.

Trump was sentenced to an unconditional discharge, which left his conviction intact but spared him any punishment. He had long denied Daniels’ claim and said he did nothing wrong. He has sought to get the conviction overturned both by attempting to move the case to federal court and through the appeals process in state court, which is pending.

Hellerstein rejected Trump’s requests to move the case twice before. The first was after Trump’s March 2023 indictment. The second was after Trump’s trial, as his lawyers sought to nix his conviction in the wake of the Supreme Court’s July 2024 ruling that presidents and ex-presidents can’t be prosecuted for official acts and prosecutors can’t use official acts as evidence that unofficial actions were illegal.

Trump appealed Hellerstein’s post-trial ruling and, last November, the U.S. 2nd Circuit Court of Appeals ordered the judge to reconsider his decision, finding that he had failed to consider “important issues relevant” to the president’s request to move the case.

A three-judge appellate panel said it expressed no view on how he should rule but instructed Hellerstein to closely review evidence that Trump claimed was related to official acts and whether Trump could argue those actions were taken as part of his White House duties.

The judges also instructed Hellerstein to determine if Trump had “diligently sought” to have the case moved to federal court and whether the case can even be moved to federal court now that Trump has been convicted and sentenced in state court.

During oral arguments in February, Hellerstein took issue with the Trump legal team’s decision-making after the Supreme Court ruling.

Instead of immediately seeking to move the case to federal court, he noted, Trump’s lawyers first asked the trial judge in state court, Juan Merchan, to throw out the verdict on immunity grounds. Normally, such a request must be made within 30 days of an arraignment, but a federal appeals court in Washington, D.C. has ruled that exceptions can be made if “good cause” is shown.

Trump, a Republican, did not attend the arguments.

Trump lawyer Jeffrey Wall argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision and that Trump’s legal team was crunched for time after the high court’s ruling because his sentencing was scheduled for just 10 days later.

Trump’s lawyers did not ask Hellerstein to intervene until nearly two months later, while their request to Merchan was still pending. The judge called that a “strategic decision” and suggested that by going to the state court first, Trump’s lawyers cost him the right to pursue remedies in federal court.

“No, your honor,” Wall replied. “It is what any sensible litigant would do” in that situation.

“Not so,” Hellerstein replied.

“That is a decision on your part,” the judge added. “You didn’t have to do that. You could have come right to the federal court. Just by filing a notice of removal, there would be no sentencing.”

Trump’s lawyers “made a choice,” Hellerstein said, “and you sought two bites at the apple.”

In his written ruling Friday, Hellerstein said Trump was asking for a “‘second bite at the apple,’ a result the law disfavors.”

The judge added that “Trump’s delay in filing for removal constitutes a ‘quintessential strategic decision,’ and the ‘fact that he later came to view that decision as a poor one is not sufficient, by itself, to establish cause.’”

Sisak and Neumeister write for the Associated Press.

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Trump names new head of agency overseeing ballroom construction

Aug. 27 (UPI) — U.S. President Donald Trump on Thursday named a new head of the agency that oversees his ballroom project at the White House and a proposed national arch in Washington, D.C.

Mark Paoletta, the general counsel of the White House Office of Management and Budget, will take charge of the National Capital Planning Commission. He will replace Mark Scharf, who is set to become White House counsel on Monday.

“President Trump has transformed D.C. into a capital worthy of the greatest nation in history,” Mr. Paoletta said in a statement to the news agencies. “I look forward to working with my new colleagues to further the president’s historic restoration and beautification of the National Capital Region, especially in the 250th year of our country’s independence.”

The NCPC is the federal government’s planning agency for projects in and around the capital city. According to its website, it “provides overall planning guidance for federal land and buildings in the region.”

In April, the 12-member panel approved the construction of the ballroom where the East Wing of the White House once stood.

Supreme Court Justice John Roberts last week temporarily blocked a ruling by a lower court stopping the project in a lawsuit filed by the National Trust for Historic Preservation.

In addition to his post at the OMB, Paoletta has been the acting chief of the Consumer Finance Protection Bureau since the start of August. Brian Johnson has been nominated to fill the role at the CFPB permanently.

Paoletta had represented Ginny Thomas, the wife of Supreme Court Justice Clarence Thomas, during the House Select committee’s investigation of the Jan. 6, 2021 attack on the U.S. Capitol.

President Donald Trump looks on as Secretary of Education Linda McMahon speaks during a back-to school event in the Rose Garden of the White House on Monday. The event focused on education and the Trump administration’s education policies. Photo by Will Oliver/UPI | License Photo

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Lawmaker outlines plans for Trump inquiry if Democrats win Congress

Where, Robert Garcia must consider, does one begin?

Garcia is a two-term Democratic congressman from Long Beach. He’s the ranking member of the House Oversight Committee, which makes him the top Democrat on the panel charged with patrolling and policing operations of the federal government — a role congressional Republicans have conspicuously abdicated. If, as seems likely, his party wins control of the House in November, Garcia is poised to take over as chairman.

After two years of reckless abandon, the most obvious target for some badly needed congressional oversight is the crooked occupant of the White House. Like a shoreline strewn with seashells or a meadow bursting with mushrooms, President Trump’s brazen corruption and naked self-dealing offer a field that is ripe for the plucking.

So, given the gavel, where to start?

“First we have to ensure that people understand that this president and the administration, what they’re doing, is unprecedented and the most corrupt administration we’ve ever seen,” Garcia said.

To wit: In just his first year back in the Oval Office, Trump reported earning at least $2.2 billion, which is 5,500 times the president’s $400,000 annual salary. (No wonder he gives away his paycheck.) But it’s not just Trump who’s raking it in hand over fist.

“You have Jared Kushner getting billions from the Saudis and other foreign governments,” Garcia said. “You have [Trump’s sons] doing real estate deals across the country, being on boards that are getting contracts from the federal government. You have the selling of pardons. I mean, the list goes on…. It is just like an endless amount of corruption.”

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Before he digs in, however, Garcia has to win reelection in November.

A vote, then a reckoning?

His reconfigured congressional district, which straddles Los Angeles and Orange counties, is somewhat less friendly than it used to be. As part of a redrawing under Proposition 50, the 2025 measure California voters passed to boost Democratic membership in the House, the lines were extended south, to take in the Trump-friendly territory of Huntington Beach and Newport Beach. (The remap gave away a chunk of Garcia’s Democratic voters to bolster other districts.)

Still, the odds are strongly in his favor — especially in a midterm election serving as a referendum on the deeply unpopular incumbent.

Though his district leans left even after modification, Garcia said his pursuit of Trump isn’t some ideological bender. The president’s malfeasance is something constituents raise often, he said. “It’s corruption and it is affordability,” Garcia said this week from his district office in Long Beach. “Those are the two issues I hear constantly about. It’s just nonstop.”

Apart from Trump and his family, Garcia has a long list of administration officials he’d like to hold to account, and an even longer list of questions he’d like answered.

Why, for instance, are “JD Vance and Susie Wiles and Kash Patel having secret meetings in the Situation Room about the Epstein files?” Garcia asked, name-checking, respectively, the vice president, White House chief of staff and FBI director. “Why is [White House Deputy Chief of Staff] Stephen Miller out there essentially creating this huge … loss-of-due-process crisis in this country as it relates to what he’s doing with” Immigration and Customs Enforcement and the Department of Homeland Security?

Also, Garcia said, he wonders what businesses have gotten in return for their generous giving to this most avaricious of administrations.

“If you are cutting secret deals with the Trumps, if you are helping to set up these these crypto schemes, if you are paying for this ballroom that no one knows about and you are gaining some sort of favor from the presidency,” he said, “we need to understand exactly what’s going on.”

Of course, any attempt to investigate and prosecute wrongdoing is sure to run into stonewalling from an obstructionist White House. The “Justice” Department, which has been thoroughly tainted and co-opted by Trump, won’t be any help either.

For that reason, Garcia said, “not only does there have to be efforts made by the Congress and the House … we also have to partner with our state partners and attorneys general and governors and outside organizations…. I think the state court process is going to also be really important for us.”

Impeachment in abeyance

Impeachment, which has a visceral appeal to certain of those deeply aggrieved by this lawless president, is not a first resort, Garcia said. Nor, he suggested, is it necessarily the second or third resort.

“Trump commits an impeachable offense every week,” Garcia said, exaggerating somewhat. But, as he noted, Trump was impeached twice in his first term and still won reelection in 2024. (Throw in a conviction on 34 felony counts and you can see the futility of trying to shame Trump into submission.)

“I don’t think you ever take anything off the table, and that includes impeachment,” Garcia said. “But that’s not our focus on Day One…. It’s time for [Democrats] to work on actually passing a forward-looking agenda and making sure that we are taking on this family and these dealings that are clearly the most threatening we’ve ever seen. To me, that has to be the immediate priority in front of us.”

Garcia and fellow Democrats are mindful of what’s driving unhappy voters who face a vexing mix of inflation and weak economic growth. Affordability is, for good reason, the central issue this election season.

But accountability matters, too. Indeed, in Trump’s debauched Washington, it’s long overdue.

That’s something else voters should consider in November.

What else you should be reading

The must-read: Supreme Court for now allows Trump to plan new mail ballot rules. California to sue again
The deep dive: Will Trump interfere in the midterms? Democrats and their allies are preparing
The L.A. Times Special: Two good ideas from Republicans dead on arrival in Democratic Legislature

Until next time,
mzb

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Trump administration names Palestine Action a global terrorist organization

Aug. 26 (UPI) — The U.S. Treasury issued sanctions Wednesday against British-based direct action group Palestine Action and two other organizations it called “violent far-left terrorist networks.”

The treasury declared Palestine Action a “specially designated global terrorist,” meaning that it can freeze the group’s assets, including bank accounts and property. The sanctions also prohibit people from giving funds, goods or services to the organization.

“Far-left extremists, their fronts and their enablers should be on notice: We will bring the full weight of our economic tools to bear,” said Scott Bessent, secretary of the treasury. “Political terrorism has no place in our society, and we will continue to cut the financial lifelines of these groups until they are eliminated.”

In response, Huda Ammori, the co-founder of Palestine Action, said the group’s activities in the United States and other countries “have always been about saving lives by disrupting the Israeli war machine, which is committing a genocide in Gaza with the support of the U.S. government,” The Guardian reported.

“Trump has been at the center of the mass murder of Palestinians, enabling the Zionist regime at every turn,” Ammori said.

Palestine Action was also the first direct action group named under Britain’s Terrorism Act in July 2025. The group is fighting the ban in a legal challenge before the country’s supreme court in November.

“The fact that Trump is now taking inspiration from Britain’s repression of the movement for Palestinian freedom exposes just how dangerous this ban is and should be a wake-up call to anyone who cares about free speech and civil liberties,” Ammori said.

The U.S. Treasury said Palestine Action “has supported numerous acts of terrorism since July 2020, including acts that have physically injured U.K. law enforcement personnel, as well as acts intended to intimidate lawful commercial enterprises and coerce the U.K. government.

“The group’s action include multiple high-profile instances of breaking into defense infrastructure and British military installations and causing millions of dollars’ worth of damage to military equipment,” it said.

In March 2025, Trump’s golf course in Scotland was targeted by Palestine Action supporters who painted graffiti on the clubhouse and damaged the course, spraying “Gaza is not 4 sale.” Trump at the time called those responsible “terrorists.”

Other groups named global terrorist organizations by the United States include Hamas, al-Qaida and the Islamic State.

The groups sanctioned Wednesday also include Autistici Inventati, an Italy-based group “that supplies specialized digital architecture, tools and services for Antifa cells and other violent far-left extremists,” and Masar Badil, “which operates as a front for the Popular Front for the Liberation of Palestine,” the treasury said.

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Judge removes one hurdle for Trump mail voting order as states file new challenge before midterms

A federal judge on Wednesday lifted a major obstacle to President Trump’s executive order limiting mail voting, even as Democratic state officials filed a new court challenge with the midterm elections fast approaching.

The fresh round of legal wrangling comes just two days after the Supreme Court handed down a procedural ruling in Trump’s favor, and could mean the issue lands before the high court again before the pivotal contests for control of Congress. The first mailed ballots are set to be sent out next week.

U.S. District Judge Indira Talwani in Boston agreed to lift an order prohibiting the U.S. Postal Service from carrying out Trump’s order for November’s elections. She wrote that she was “compelled” to do so after the Supreme Court’s conservative majority ruled that a similar injunction she granted in a separate case was premature.

Talwani nevertheless said the executive order could unleash “chaos” and referred to it as “likely unconstitutional.”

The administration can now move forward and implement a Postal Service rule published late Friday. It would require states to follow a uniform envelope style for mail ballots and to give the Postal Service a list of voters eligible to receive them. Talwani found on Tuesday that the rule’s issuance technically violated her injunction, but she declined to penalize the administration.

The new lawsuit, filed by about two dozen Democratically controlled states against the U.S. Postal Service, marked a new phase in the high-stakes litigation creating confusion around the midterm elections.

It came after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal.

The high court majority found the initial Democratic lawsuit was premature, but that was before the Republican administration issued a rule governing Postal Service delivery of mail ballots. Election officials warn it will be impossible to implement before the first wave of mail ballots are sent out next week.

“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”

The Trump administration plan faces a third lawsuit originally filed in May in the nation’s capital, though judges there have so far declined to block it.

All previous challenges were filed before the administration published its mail ballot rule Friday night.

White House spokesperson Lauren Bis on Wednesday said the Postal Service’s proposals were “commonsense measures that protect the security of mail-in ballots” and that the administration would continue to work to implement them to boost “the safety and security of our elections.”

The Postal Service said it would not comment because of the pending lawsuit.

National Democrats on Tuesday cited the rule in asking the federal judge in the Washington case to block Trump’s order after he declined to do so last spring, saying the administration at the time had not taken concrete action. In Boston, Talwani also found that the administration had violated a separate injunction she had placed on the Postal Service in drafting the new rule, although she did not take any action against the government.

Talwani had issued the injunction against Trump’s executive order in the prior Democratic state case, which is the one the Supreme Court overturned on Monday. She also issued a second injunction Aug. 11 in a case filed by the League of Women Voters and other voting rights groups, while the Supreme Court was considering the administration’s appeal of the judge’s first order.

Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations. Since returning to power, Trump has tried to claim authority over election rules, saying he thinks Republicans should “take over” vote counting in Democratic areas.

He issued his first election executive order just months after retaking office, attempting to require documentary proof of citizenship to vote, among other changes. He has also been pushing a sweeping election bill that has stalled in the Senate amid opposition from Democrats and even some within his own party.

Riccardi and Whitehurst write for the Associated Press.

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Man accused of forging Supreme Court Justice John Roberts’ signature

Aug. 25 (UPI) — A man is facing federal charges for forging the signature of Supreme Court Chief Justice John Roberts and impersonating a federal agent.

Joshua M. Culver was indicted Friday in the Northern District of Indiana on four counts of falsely impersonating an officer of the United States and one count of forging the signature of a judge and court seal.

He was arrested in Colorado and has been assigned a public defender there.

The indictment alleges that Culver identified himself as a National Security Agency agent on at least two occasions in September 2025. He allegedly did so at the Tippecanoe County Sheriff’s Office trying to get information about the location of a family member. The indictment also alleges that he made phone calls to someone at their employer threatening them and accusing them of breaking the law.

In January 2026, Culver allegedly claimed to be a “Special Master enforcing orders of the United States Supreme Court” to get a Lake County, Ind., judge to dismiss criminal cases and judgments against him.

He’s accused of forging Roberts’ signature and using a counterfeit seal on an order in September that told a Grant County, Ind., court to drop theft charges against him.

President Donald Trump looks on as Secretary of Education Linda McMahon speaks during a back-to school event in the Rose Garden of the White House on Monday. The event focused on education and the Trump administration’s education policies. Photo by Will Oliver/UPI | License Photo

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Supreme Court: Trump can start carrying out order restricting mail-in voting

Aug. 24 (UPI) — The U.S. Supreme Court on Monday ruled that President Donald Trump can begin implementing measures from an executive order intended to restrict mail-in voting in many states and Washington, D.C.

However, legal challenges to that order could still cause issues for that plan before the midterm elections in November.

The ruling Monday means that the Department of Homeland Security can begin moving forward with compiling state-specific lists of people it believes are eligible to vote in the states — all led by Democrats – that had challenged the executive order.

Another part of the executive order required the U.S. Postal Service to require states that want to send ballots through the mail to submit lists of eligible voters with information allowing those ballots to be tracked by the government. A lower court had blocked that policy nationwide in a separate case, meaning that more legal action will be needed before the postal service can continue.

The high court’s ruling did not address the overall legality of the executive order.

“If the Postal Service’s final rule harms the states, theymay challenge that rule,” the ruling said.

The postal service entered an unpublished version of that final rule into the Federal Register late Friday despite the court injunctions against it.

Trump has repeatedly and without evidence claimed that mail-in voting is “inherently corrupt” and full of fraud, although voting experts have criticized the order and say such fraud is exceedingly rare. The president himself has voted by mail as recently as this year, NPR reported.

The high court handed down the ruling in an unsigned order over the dissent of three of its members: Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

In a dissent, Jackson said the ruling “needlessly injects chaos and uncertainty into the upcoming midterm elections,” CNN reported.

She noted that, in the past, the Supreme Court has turned away challenges to election law because they were too close to elections. “Today’s revelation is that such claims can also come too early — never mind that an election is looming and related harms are presently occurring.”

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Supreme Court allows Trump plan to regulate but not block mail ballots

The Supreme Court cleared the way Monday for President Trump to seek new limits on the use of mail ballots, but they are not likely to take effect this year.

Acting by a 6-3 vote, the court’s conservatives granted an emergency appeal from Trump’s lawyers and set aside a judge’s order that blocked new federal regulations on states and their use of mail ballots.

It’s not clear, however, what happens now, since the midterm elections are less than three months away.

About 30% of the nation’s voters — and 80% of Californians — cast their ballots by mail in 2024. Trump, however, has long maintained the voting by mail leads to fraud, including voting by noncitizens.

The court’s order stressed the new regulations do not put new requirements on the states this year.

Trump’s executive order “is internal directive from the President to his subordinates mandating that certain agencies pursue certain policies. It neither requires nor forbids anything of anyone outside the Executive Branch,” the court said.

The Department of Homeland Security will compile state-by-state lists of citizens who are over 18 and eligible to vote.

“States are not required to use the Lists,” the court said, although they could lead to future prosecutions.

The most disputed provision could have authorized the Postal Service to restrict mail ballots to those who are on the Homeland Security lists, but that is a future proposal, not a rule that will take effect this year.

The unsigned order spoke for the six Republican appointees. The three liberals, all Democratic appointees, dissented into two separate opinions.

Justice Ketanji Brown Jackson said Trump’s order was unlawful and should have been struck down. “It needlessly injects chaos and uncertainty into the upcoming midterm elections,” she said.

“Today’s decision does not address whether the President’s attempts to interfere with States’ administration of the November 2026 elections are lawful,” Justice Sonia Sotomayor wrote in a dissent joined by Justice Elena Kagan. “Nor does it suggest that the Executive Branch has any constitutional or statutory authority to implement the President’s directives. Instead, today’s decision merely postpones adjudication of those challenges.”

Trump issued his executive order on March 31 with the aim of “ensuring citizenship verification” in federal elections. California and 22 other Democratic-led states sued a few days later and said Trump sought to use the Postal Service to impose new restrictions on voting by mail. They also argued the Constitution gives states and Congress the power to regulate elections, not the president.

A federal judge in Boston and 1st Circuit Court agreed with the challengers and blocked Trump’s executive order from taking effect for the November elections.

The case on appeal was Trump vs. California because California Atty. Gen. Rob Bonta was a leader of the Democratic state attorneys who sued.

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Two good ideas from Republicans dead on arrival in Democratic Legislature

Memo to Democrats and independents: Just because an idea emanates from a Republican, doesn’t mean it necessarily stinks. Here are two examples.

Legislators wearing red jerseys have proposed to:

  • Make the California secretary of state officially nonpartisan. Rip off the seemingly inevitable blue jersey and replace it with a neutral referee’s garb.
  • Similarly, seize the job of writing official ballot proposition titles and summaries from the partisan attorney general and hand it to the nonpartisan, universally trusted Legislative Analyst‘s Office.

Both ideas, of course, were dead on arrival when introduced in the Democratic-dominated state Legislature, which is about to wrap up a two-year session.

But both make good government sense and promote democracy, which the Democratic Party claims it’s fighting for against the President Trump-led GOP.

The secretary of state is the chief overseer of California elections. That office holder, regardless of party, has never favored one side over the other in balloting, although many GOP politicians have been parroting Pied Piper Trump’s nonsense about election rigging.

California Republicans pushing to neutralize the office argue that Democratic incumbent Shirley Weber has taken public policy positions that echo her party’s stands. Shock! This is America. She has a right — a democratic duty — to take any position vocally that she desires.

But it’s logical for the secretary of state to officially operate as a political nonpartisan — as does the state superintendent of public instruction and all county voter registrars, who actually administer the elections and count votes.

“It’s time to take the secretary of state out of the partisan mix,” says former Orange County Assemblyman Don Wagner, who is Weber’s underdog Republican opponent in the November election.

“The secretary should be calling balls and strikes as opposed to being on the red team or a blue team.”

Realistically, no red team member is likely to win any statewide office in California for the foreseeable future, given that Democratic voters outnumber Republicans by nearly 2 to 1 and Trump is widely detested in this state.

“Sometimes Trump does make it harder in California for Republicans,” Wagner acknowledges.

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The legislation to make the secretary of state nonpartisan was a proposed California constitutional amendment, introduced by Republican Assemblymembers Natasha Johnson of Lake Elsinore and Josh Hoover of Folsom.

But it was submitted so late in the legislative session that there was no chance of it ever receiving a committee hearing. It didn’t really matter anyway. Even if it had been introduced on Jan. 1, Democrats would have instinctively tossed it in the trash.

They’re never going to make it remotely possible for a Republican to win this office any time soon.

The measure’s authors say their proposal would help “restore Californians’ trust in the electoral system.”

Actually, the only Californians who largely distrust the electoral system are Republicans. And the best way to fix that is for Trump to shut up and stop telling lies about stolen elections and hordes of undocumented immigrants voting illegally.

A recent poll by the UC Berkeley Institute of Governmental Studies found that 88% of Democrats and 64% of independents have confidence in California’s election system. But 76% of Republicans do not — a sign of our polarized times.

Of the two Republican proposals, the most significant is the one stripping the attorney general of the power to write titles and summaries of ballot measures.

Often, the only thing many voters know about a proposition is what they’re told in the title. They aren’t inclined to wade through neutral details in the official state Voter Information Guide.

The legislative analyst is a political noncombatant appointed by the Legislature and basically agreed to by both sides. The highly respected policy wonk already writes the proposition analyses included in the voter guide. Why not also the measures’ titles?

Increasingly in recent years under Democrats, including projected next governor Xavier Becerra, the attorney general has been dishing out party propaganda in official proposition titles.

State law requires the attorney general to provide an “impartial statement of the purpose of the measure” in language unlikely “to create prejudice for or against” the proposal.

But often on hotly contested measures, the language reads like talking points for the blue side.

The latest example is Proposition 39, a Republican proposal requiring Californians to show identification when voting. Election officials also would have to verify that registered voters are U.S. citizens.

I’m no fan of that measure. It overreaches, is unnecessary, could suppress voting and is merely a tool to drive up the GOP vote. Democratic legislative leaders and the party are fiercely opposed.

But Proposition 39’s title is unfairly negative and loaded against the measure. It reads: “Prohibits citizens from voting unless they present government-issued identification.” All some voters will focus on are the first four words.

Proponents sued, but judges are historically reluctant to interfere in election campaigns. A Sacramento judge OKd Democratic Atty. Gen. Rob Bonta’s biased wording.

The legislation for nonpartisan labeling of propositions cleared the Senate Elections Committee but later was quietly killed behind closed doors in the Senate Appropriations Committee, a notorious graveyard for measures sentenced to execution by legislative leaders.

“The Democratic leadership doesn’t want it passed,” notes the author, Sen. Roger Niello of Sacramento County, who recently was elected the next Senate minority leader. “If they kill it [in appropriations] nobody has to vote on it and it dies without fingerprints.”

That’s common legislative games-playing: Keep potentially popular but politically undesirable bills off chamber floors so majority party members can avoid shamefully voting “no.”

But these are still excellent Republican ideas.

There are times when politics should be taken out of elections.

What else you should be reading

The must-read: California backtracks on good-government policies in divided Trump era
Law & Order & Politics: Eric Swalwell briefly detained as feds seize his phone at San Francisco airport, source says
The L.A. Times Special: It’s beyond debate. California voters deserve a Becerra-Hilton face-off

Until next week,
George Skelton


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Postal Service publishes mail-in voting rule despite court injunctions

Aug. 22 (UPI) — The United States Postal Service has prepared a final rule changing how mail voting is administered under an executive order issued by President Donald Trump despite a pair of court injunctions against it, documents show.

An unpublished version of the rule was entered into the Federal Register late on Friday, indicating the USPS intends to press ahead with implementation of a measure the administration says is necessary to prevent fraud in mail-in voting — a popular method of casting ballots that Trump has called “inherently corrupt.”

But critics contend actual fraud in mail-in voting is exceedingly rare and have denounced the measure as one of the most serious attempts by the administration to federalize control of elections in violation of the U.S. Constitution, which reserves such power for the states.

A federal judge 10 days ago expanded an earlier injunction against Trump’s executive order, under which the USPS would be required to decide who will get mail-in ballots.

The injunction blocked it from implementing Section 3 of the order for this year’s midterm elections, which most polls shows will likely favor Democratic congressional candidates.

Despite the court rulings, USPS promulgated the final rule with Friday’s filing, thus making it available to be officially published in the Federal Register on Wednesday. After that it would theoretically take effect immediately, even though it will be blocked for this year’s midterm elections unless a court decides otherwise.

The current filing is an amended version of the initial proposal which received more than 200,000 comments during its review phase.

Trump signed the order on March 31 directing the Department of Homeland Security to build a list of citizens from federal data, which would then be sent to state election officials.

The USPS would then only send absentee or mail-in ballots to people it has determined are eligible to vote, and the U.S. Attorney General would investigate and prosecute election officials who issue federal ballots to those ineligible to vote.

Twenty-three mostly Democratic-led states sued to block the order and U.S. District Judge Indira Talwani agreed with the plaintiffs.

The administration appealed the decision and failed. It appealed again on July 27 to the Supreme Court, which has yet to make a ruling.

“Yesterday’s new mail-in voting rule is an attempt to weaponize USPS as part of the Trump administration’s efforts to take over elections,” Michael McNulty of the bipartisan political reform group Issue One said in a statement issued Saturday.

“If it holds up in court, it would mean postal workers shift from neutral transporters of a state-led process to a federal gatekeeper of states’ outbound mail ballots — requiring states to provide USPS with voter-level ballot information and giving USPS authority to reject ballots that do not meet the new federal requirements.”

He dismissed Trump’s oft-stated concerns about voter fraud as “tired, debunked conspiracy theories to justify gaining control over secure, verified, and effective methods of voting, including mail-in voting, to tilt the playing field” in favor of Republican candidates.

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Supreme Court allows Trump’s ballroom construction to continue

Aug. 21 (UPI) — The Supreme Court on Friday temporarily allowed construction on President Donald Trump‘s White House ballroom to continue, staying a lower court injunction demanding that it stop.

In a one-page order signed by Chief Justice John Roberts, the high court for now blocked an injunction issued in April by U.S. District Judge Richard Leon ruling that only that security-related, underground components of the $400 million project could move go ahead without congressional approval.

Leon’s ruling found that construction at the White House requires authorization from Congress and ordered the construction to halt while a legal challenge brought by the National Trust for Historic Preservation plays out.

He carved out an exception for the government to continue underground work deemed necessary for the White House’s safety and security.

The administration quickly appealed that order, citing a shooting incident at the White House Correspondents’ Dinner as evidence that the 90,000-square-foot ballroom is a security necessity.

Trump, meanwhile, harshly criticized Leon, calling him an “out of control Trump hating” judge whose ruling “severely jeopardizes the lives and welfare of the people who work, and will be working, at the White House.”

The administration said in Supreme Court filings last week that construction on the ballroom is already 65% complete as a 250-person crew is working on it nearly 24 hours per day.

Leon’s ruling would “halt the ongoing construction of the integrated military complex, including a totally secure ballroom space, at the East Wing of the White House, which is vitally required by national security,” U.S. Solicitor General D. John Sauer argued, while also claiming the group does not have standing to sue.

The National Trust, meanwhile, contended the administration is illegally trying to complete construction as soon as possible in a bid to “outrun judicial review” and push the project “beyond the point of no return.”

But its efforts “to foil judicial review and arrogate Congress’s exclusive powers should not be rewarded with a stay that allows [it] to complete a ballroom [it] lacked any authority to commence in the first place,” the Trust argued.

Demolition equipment continues to break up the East Wing of the White House in Washington on October 22, 2025. Photo by Pat Benic/UPI | License Photo

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Trump cites national security as Supreme Court weighs challenge to ballroom

The Supreme Court is weighing President Trump’s claim that his new White House ballroom is urgently needed to protect him, his staff and guests from attacks by drones, terrorists and snipers.

On Friday, with a lower-court order about to go into effect halting construction on the controversial project, Chief Justice John G. Roberts decided that the court needed more time. He issued a temporary order pausing the case and allowing construction to continue while the justices decide on a pending legal challenge.

Last week, Trump’s lawyers described the East Wing ballroom as an “integrated military complex” that is “vitally required by national security.” They argued that a judge’s order blocking further construction threatened the safety of the president and must be overturned. They also said the project is nearly two-thirds completed.

At issue is whether the president acting on his own may build a huge new ballroom complex that is expected to dwarf the historic Executive Mansion.

It is a confrontation over the boundaries of executive power at a moment when Trump has repeatedly tested the ability of courts, Congress and independent institutions to constrain his agenda.

Trump bulldozed the historic East Wing before the courts had resolved whether the administration had the authority to proceed, leaving opponents to argue the project could become effectively irreversible before judicial review was complete.

The National Trust for Historic Preservation sued in December and argued that the president had overstepped his authority.

U.S. District Judge Richard Leon agreed and ordered a stop to the above-ground construction — that is, on the ballroom. He said the work on the underground bunker may proceed.

The U.S. court of appeals affirmed his order by a 2-1 vote on Aug. 7 but put the decision on hold until Friday. Roberts’ order did not explain the reason for the delay, or how soon the court might rule.

In a fast-track appeal to the Supreme Court, Trump administration lawyers sought to refocus the case as one about national security and the president’s safety.

“Given the current unprecedented levels of danger … every day the President does not have access to the vital security features of the military complex presents unacceptable risk,” Solicitor Gen. D. John Sauer said Wednesday in his final brief to the court.

Construction continues on the White House East Wing ballroom

Construction continues on the White House East Wing ballroom on Aug. 20.

(Andrew Harnik / Getty Images)

The Constitution and federal law say new buildings may not be erected on public property in the District of Columbia “without the express authority of Congress.”

But acting on his own, Trump ordered the East Wing of the White House torn down in October and work began on a new and much larger building to replace it.

He said the new ballroom could provide safe and secure seating for 1,000 dinner guests. He did not ask Congress to weigh in or approve the massive project.

In defense, Trump administration lawyers pointed to an annual appropriation from Congress that funds “the care, maintenance, repair, alteration, refurnishing” and other such improvements at the White House.

They also said private donations would pay most of the $400-million cost of the new ballroom. One estimate placed the cost of the ballroom and the bunker at $600 million, with taxpayers covering half, the Washington Post reported.

The president, his family and White House employees would have secure underground space, Sauer said, while a “totally secure ballroom space” would provide a new level of protection for guests and foreign dignitaries.

Otherwise, they would be seated outside in tents on the lawn, Trump said, which was neither appealing nor safe.

President Trump speaks at the White House

President Trump speaks to the media as the construction of a new helipad on the South Lawn of the White House continues on Aug. 19.

(Alex Wong / Getty Images)

His solicitor general also argued it was too late to stop the project.

“A 250-person crew is working 20 hours a day, seven days a week to keep the project ahead of schedule and under budget,” he wrote on Aug. 13. “Today, the project is 65% complete in its entirety, and moving quickly toward total completion.”

Trump’s signature construction project has fueled accusations from his political opponents that he is abusing his power to build a lavish space for entertaining guests as ordinary Americans struggle with affordability.

In April, Republicans in Congress sought to put federal money behind the project, despite Trump’s earlier insistence that private donors would pay for the ballroom.

The effort never became law, faced with bipartisan opposition to a bill that would tie them to the unpopular project, leaving the administration to proceed with a privately financed effort whose legal authority was already being challenged in court.

The Society for the Rule of Law and a group of former White House lawyers warned the court against accepting Trump’s broad claims of power.

“Under the executive’s view, the President could bulldoze the entire White House and replace it with a new building of his own design, including a skyscraper. No other President has asserted such transformative power,” they wrote in a friend-of-the-court brief.

“The invocation of national security is not a magic incantation that suspends the rule of law,” they added.

The biggest hurdle facing the challengers may be the issue of standing.

The court’s conservatives are often skeptical of lawsuits if it is not clear the plaintiffs have or will suffer a distinct injury that goes beyond their opposition to a government policy.

In this case, the National Trust said its historians and preservationists will be disturbed to walk by the White House grounds if there is a massive new structure that is not in keeping with the historic Executive Mansion.

Construction continues on the East Wing ballroom at the White House

Construction continues on the East Wing ballroom at the White House on Aug. 10, 2026, in Washington, D.C.

(Andrew Harnik / Getty Images)

“The subjective displeasure of an offended observer does not amount to a concrete injury,” Sauer said.

The D.C. Circuit judges were also split on the threshold issue of standing.

Judges Patricia Millett, an Obama appointee, and Bradley Garcia, a Biden appointee, ruled the suit may proceed because the plaintiffs suffered injuries to their “aesthetic, cultural and historical interests.”

Judge Neomi Rao, a Trump appointee, dissented and said the preservationists walking by the White House would not suffer the kind of concrete injury that gives them standing.

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California voters deserve to see Becerra and Hilton debate

Barring some extraordinary event — a health emergency, a career-ending scandal, a killer asteroid destroying all life on earth — Xavier Becerra will be the next governor of California.

That’s not partiality or wish casting on the part of your friendly political columnist. The fact is Democrats and Democratic-leaning independents overwhelmingly outnumber Republicans in California, in both registration and inclination.

The GOP brand has been political poison in this Tahoe-blue bastion for decades now. But under Donald Trump, it’s grown even more toxic. His endorsement, which the president bestowed upon Republican Steve Hilton mid-primary, is the political equivalent of sarin; like the deadly nerve agent, it can kill on contact.

Still, give credit where due.

The gregarious and media-savvy Hilton has been waging an energetic and effervescent run for governor, with multiple appearances a day and frequent updates to his cheeky social media accounts.

“He’s going to San Francisco” — into the bowels of the liberal beast — “he’s going into schools, talking to labor groups,” said Hector Barajas, a campaign spokesman. “He’ll go everywhere.”

Becerra not so much.

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The Democrat has appeared here and there since finishing first in the June 2 primary, securing one of two slots in November’s runoff. He’s offered a few modest proposals, including a plan to deliver two free hours of electricity a day to low-income households and a call for stiffer regulation of artificial intelligence.

A sprint vs. a stroll

That said, if Hilton is flat-out running for a job he stands virtually no chance of winning, Becerra is embarked on more of a leisurely stroll toward his all-but-certain perch in Sacramento.

That’s not a terrible thing at this midsummer stage of the race. Once, in the blessed era before the 24/7 news cycle and the omnipresence of social media, there was a lull in the months after the primary, with campaign activities picking back up around Labor Day.

On Tuesday, during a walking tour of Los Angeles’ Little Tokyo neighborhood, Becerra pushed back on the notion he was taking his election — and California voters — for granted. “If I were trying to coast,” he told reporters, “I’d be out on the coast right now instead of here with you all.”

Becerra’s pace aside, the days between now and the Nov. 3 election offer him plenty of time to spell out what, exactly, he has to offer his home state and how, in a broad sense, he plans to tackle one of the highest profile, most vexing jobs in all of American politics.

At least one of those days should include a face-to-face debate between Hilton and Becerra. The two shared a stage multiple times during the primary season. They have not appeared together since.

More than a half-dozen news organizations have offered to host the gubernatorial rivals in a one-on-one session. Several other groups have proposed forums that would allow them to discuss their differences together in person.

Barajas, the spokesman for Hilton’s campaign, said the Republican hopeful has agreed to each and every invitation.

“He’s got absolutely no problem” appearing anytime or anywhere, Barajas said. “He will go to East L.A.. He will go to South-Central. He will go into the heart of the Central Valley. It doesn’t matter to him.”

That’s no surprise.

When a candidate is an underdog, like Hilton, they’ll typically show up at the opening of an envelope if it means appearing before a crowd. Conversely, a candidate on a seeming glide path to election, like Becerra, will often balk at giving their opponent the exposure afforded by a debate, much less risk harming themselves with a bad performance.

The Democratic front-runner said Tuesday that “there will be debates,” though he didn’t say where or when.

An obligation to voters

There’s a lot of virtue signaling that surrounds the notion of candidate debates.

Far from a high-minded discussion of policy differences, they often devolve into a stale recitation of talking points and pre-scripted zingers. After a while, debates can grow redundant and, frankly, boring as contestants repeat well-worn phrases and replow deeply furrowed ground. Such was the case by the time California’s gubernatorial hopefuls met for their sixth televised debate in the spring.

Most voters — many of whom profess to care oh-so-deeply about issues and matters of great import — don’t even bother tuning in. If they found debates that captivating, shows such as the “PBS NewsHour” would routinely outdraw the latest season of “Love Island USA.”

No matter.

There is an audience, however limited, for debates. Even if they don’t bother watching, many voters read about the encounters afterward, catch snippets online, or glean useful insights from the extensive coverage that follows.

Above all, a willingness to debate is a sign of respect — for voters as well as the political process the candidates are a part of. Minimizing direct confrontation with Hilton may play to Becerra’s inherently cautious nature. It also makes sense from a purely strategic standpoint.

But it doesn’t serve the people of California, or give voters their due. This is a campaign for governor. Not a coronation.

Becerra owes California, and Hilton, the chance to take the candidates’ measure side by side before their contest is over. The sooner Becerra commits to a time and place, the better.

What else you should be reading

The must-read: Trump turns to containing the fallout from setbacks in Iran
The deep dive: War was supposed to crush Iran’s ‘Axis of Resistance.’ Instead, it’s bloodied but unbroken
The L.A. Times Special: Xavier Becerra won’t deliver the home runs — or strikeouts — racked up by Newsom, Schwarzenegger

Until next time,
mzb

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Missouri judge rules against referendum challenge to GOP redistricting

Aug. 19 (UPI) — A Missouri judge ruled Wednesday against voters seeking to put a Republican redistricting effort in the state to a referendum, stating that the new GOP-favored maps can be used in November’s midterm elections.

Cole County Circuit Court Judge Daniel Green ruled that referendum provisions in the state’s constitution do not apply to congressional redistricting.

“The Missouri Constitution does not supply any statement — let alone a clear one — reallocating authority over congressional redistricting away from the General Assembly to a referendum process,” Green wrote in his ruling.

The People Not Politicians coalition that filed the lawsuit told UPI in an emailed statement that what was important was that a ruling had been made, while accusing the Republicans of stalling the litigation process and stating that the case can now move forward toward the Missouri Supreme Court.

“The most important thing that happened today is that there was a ruling,” PNP Executive Director Richard von Glahn said.

“The state has tried to slow down the judicial process for months and now that we are out of Cole County, the real decision will be made. Our case now moves forward.”

Missouri Republicans spearheaded efforts to redraw the state’s congressional map last summer as part of President Donald Trump‘s push for GOP-led states to create more GOP-favored seats for November’s midterm elections.

The map, signed into law in September, redraws a Democrat-held district in Kansas City to be more rural, positioning it to lean more favorably toward Republicans. Of the state’s eight House seats, two are currently held by Democrats. The redraw is expected to reduce that to one.

Voters have challenged the redistricting effort. In December, PNP submitted more than 300,000 signatures to Secretary of State Denny Hoskins, a Republican, to trigger a statewide referendum on the issue. While PNP contended that delivering the signatures would pause use of the new map, Hoskins disagreed.

In May, the state Supreme Court upheld the new map, while rejecting an argument that submitting referendum petitions automatically suspended the map.

On the day of the Aug. 4 primary, Hoskins issued a certificate finding PNP’s referendum petition was insufficient, stating the state’s Constitution does not permit referenda on congressional maps, prompting PNP to file a lawsuit that evening.

Missouri Gov. Mike Kehoe, a Republican, celebrated Wednesday’s decision in a social media statement, calling Green’s decision a “quick, common-sense ruling.”

“Missourians voted for candidates using this map in August, and they deserve the ability to elect those candidates in November,” he said.

The Republican Party also cheered it as a “resounding victory for Missouri voters and election integrity.”

“The court rejected Democrats’ latest scheme to overturn lawful congressional maps and create chaos ahead of the election. Missouri’s maps were fairly enacted by the legislature, upheld in court and used in this year’s primary. Today’s ruling makes clear those maps will stand,” Republican National Committee Chairman Joe Gruters said in a statement.

The nationwide GOP effort to redraw maps comes as Trump has repeatedly voiced concern about potential impeachment proceedings if Republicans lose the House in November. Creating additional Republican-leaning seats increases the GOP’s chances of maintaining control of the chamber, making impeachment less likely while strengthening the Republicans’ ability to advance Trump’s agenda.

Texas was the first state to move on mid-decade redistricting, kicking off a gerrymandering arms race in which Democratic-led states sought to counter with their own maps and Republican-led states responded with additional redraws.

Since summer 2025, 17 statesMike Kehoe have moved to redistrict, with 10 states having changed their maps, according to the National Conference of State Legislatures. Of those 10 states, eight adopted GOP-favored maps while two adopted maps expected to benefit Democrats.

President Donald Trump speaks to the press as he tours a new helipad on the South Lawn of the White House on Wednesday. Photo by Al Drago/UPI | License Photo

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Justices urged to block Trump’s new ballroom so Congress can decide

The Supreme Court was urged Tuesday to block construction of President Trump’s huge new ballroom until Congress weighs in. A decision, perhaps only temporary, is likely by Friday.

Acting on his own, Trump had the East Wing of the White House torn down in October and ordered work to start on a massive new building that would dwarf the old executive mansion and seat 1,000 guests for dinner.

But a federal judge in Washington ruled that Trump had overstepped his authority, and the U.S. Court of Appeals agreed in a 2-1 ruling on Aug. 7.

Those judges would stop the above-ground construction but put their decision on hold until this Friday. This gave the administration time to appeal to the Supreme Court.

The National Trust for Historic Preservation had sued, arguing that the president has no authority to erect new buildings on government property.

Federal law protects “historic buildings, parks, and places, including perhaps the most revered site in our nation: the White House and President’s Park,” the group told the court Tuesday. It is “more than the President’s residence” and “is owned by American people.”

The historic trust said Trump is moving quickly so as to bypass the law.

“Rather than obtain permission from Congress,” Trump and his appointees “have instead decided to try to outrun judicial review,” it said.

Meanwhile, Trump’s lawyers have taken to describing the ballroom as a national security project.

Last week, Solicitor Gen. D. John Sauer told the justices they should throw out the “extraordinary and unlawful injunction that will halt the ongoing construction of the integrated military complex” because “a totally secure ballroom space … is vitally required by national security.”

He also contended it is too late for judges to intervene.

“Today, the project is 65% complete in its entirety, and moving quickly toward total completion. A concrete-and-steel superstructure stretches five stories deep and 70 feet high, and occupies nearly 50,000 square feet, with construction on and above the second-story level above ground.”

While the plans have changed, the “work has followed a single coherent design,” he wrote. “By now, it has passed the point where major changes to [that] design are feasible.”

U.S. District Judge Richard Leon, a George W. Bush appointee who ruled on the lawsuits, agreed the White House may proceed with the underground work to create a safe and secure location for the president, his family and White House employees.

The solicitor general said a new and secure ballroom is also crucial for social gatherings and foreign dignitaries.

He said that if Leon’s ruling is “allowed to go into effect, the injunction would wrongfully install a single district judge as sole arbiter of what further construction is strictly necessary to protect the safety of the President, his family, staff members, and visitors to the White House, including foreign dignitaries, and presidents and prime ministers of other countries.”

Sauer also argued the lawsuit should be thrown out on the grounds that National Trust for Historic Preservation and its members have no standing to sue because they have not suffered a particular injury.

The D.C. Circuit judges split on that issue. Judges Patricia Millett, an Obama appointee, and Bradley Garcia, a Biden appointee, ruled the plaintiffs had standing to sue. Judge Neomi Rao, a Trump appointee, dissented and said the members of the historic trust did not have standing.

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Hiltzik: The Democrats’ age revolt took down a progressive leader

The youth movement among our political leaders, especially among Democrats, is in full cry. On the whole, this looks to be a positive inflection point in our political leadership, empowering a new generation of leaders advocating needed changes in the government’s relationship with its constituents.

But in some particulars it’s misplaced. As the smoke from the recent party primaries clears, it’s proper to take stock in what we’ve lost, alongside what we may gain from a changing of the guard.

For example, take Rep. John B. Larson (D-Conn.), 78, who was turfed out of his seat in his state’s Aug. 11 primary by his Democratic challenger, former Hartford Mayor Luke Bronin, 47.

When it comes to fighting for Social Security, no one has worked harder than Rep. Larson.

— Social Security advocates Nancy Altman, Max Richtman and Rich Fiesta, the day before Larson’s defeat in a Democratic primary

Given that Larson is in his 28th year as a member of congress, it sounds reasonable to suggest that it’s his time to go. But that means overlooking Larson’s most important role in the House, as a member of both the majority and (currently) the minority. And that’s his persistent campaign to preserve Social Security — indeed, to enhance it so it serves today’s workers as well or better than it has served Americans since its enactment in 1935.

There doesn’t seem to be much risk that Bronin’s election, which looks likely, will undermine the progressive faction in the House.

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Connecticut’s 1st Congressional District, which Larson represents, is perhaps the bluest district in a blue state, and Bronin’s policy positions tick all the appropriate progressive boxes. But it will probably take years for Bronin to acquire the credibility on Social Security that Larson possessed, even assuming that he wishes to do so.

Larson’s instrument has been the Social Security 2100 Act, which he first introduced in 2017. The act has never passed, but in its draft versions it has embodied several principles that remain fundamental to the Democratic approach to Social Security.

Among them: augmenting benefits to the lowest-wage workers; providing coverage to those whose work has been outside the system, such as family caregivers; and raising Social Security taxes on the rich, who have increasingly avoided paying their fair share of the costs of this all-important antipoverty program. More on that in a moment.

Larson’s loss didn’t result from his championing Social Security. The thrust of Bronin’s campaign was almost entirely that Larson had grown too old in the job, and the path should be cleared for new blood (i.e., himself).

Nothing is new about the drive to bring fresh faces and fresh ideas into the political mainstream. Youth movements arise regularly in politics, especially in times of partisan discontent.

George Orwell, whose observations about the politics and mores of his time remain relevant to the present, wrote (in 1932) of the youth movement that erupted in Britain in 1918.

“At that time,” he wrote in “The Road to Wigan Pier,” his classic about class and economics, “there was, among the young, a curious cult of hatred of ‘old men.’ The dominance of ‘old men’ was held to be responsible for every evil known to humanity, and every accepted institution from [Sir Walter] Scott’s novels to the House of Lords was derided merely because ‘old men’ were in favor of it.”

Orwell traced the phenomenon to Britain’s experience in World War I, which he wrote “had been conducted mainly by old men and had been conducted with supreme incompetence. By 1918 everyone under forty was in a bad temper with his elders, and the mood of anti-militarism which followed naturally upon the fighting was extended into a general revolt against orthodoxy and authority.”

Today’s youth movement, which is concentrated among Democrats, has an analogous origin. It’s rooted in distaste for a politics that has impoverished a generation while filling the pockets of the wealthy.

In some cases, the need to usher superannuated politicians out the door is indisputable. A prime specimen was Sen. Dianne Feinstein (D-Cal.), whose mental and physical incapacities became manifest as she neared the end of her life; in 2023 she died in office at 90.

On the other hand, Rep. Nancy Pelosi (D-San Francisco), led her Democratic caucus with a firm hand as Speaker until she yielded the gavel in 2023 at age 82, having notched one of the most successful speakerships in history. (She’s not running for reelection this year.)

Joe Biden, whose apparently faltering faculties became a political talking point during his 2024 presidential reelection campaign, when he was 82 and was in the process of returning the U.S. economy to its pre-pandemic strength when he lost to Donald Trump — who at the age of 80 has been systematically dismantling Biden’s economic policies to the disadvantage of middle-class and working Americans.

Meanwhile, has anybody heard recently from Sen. Mitch McConnell (R-Ky.), age 84? He hasn’t been seen in public since mid-June. At the moment, he’s regarded as one of those politicians determined to hold on to their seats with what Orwell (him again) described as their “prehensile bottoms.”

As I wrote in 2023, when the age issue was all the rage, “concern-trolling about the advanced age of government leaders hasn’t always been a path to political success.”

Franklin D. Roosevelt cited a “hardening of the judicial arteries” in announcing his 1937 scheme to pack the Supreme Court, which involved shifting the politics of the court to the left by trying to force justices to retire when they reached the age of 70, or adding a justice to the court for every sitting justice who refused. FDR’s plan collapsed after it provoked widespread opposition, the most significant political failure of the New Deal.

That brings us back to the Social Security 2100 Act. The measure, which was introduced in the Senate by Sen. Richard Blumenthal (D-Conn.), isn’t perfect. In fact it has been revised at least three times, typically to address political wavelets that come and go.

In all versions, over time it would eliminate the cap on payroll taxes, which are currently limited to 12.4% on wage income up to a maximum of $184,500. That’s a maximum tax of $22,878, divided 50/50 between workers and their employers.

Because of the cap, the effective payroll tax rate on someone with income of $1 million falls to about 2.3%; in reality it’s even lower, because unearned income such as capital gains, interest and dividends, which constitute half or more of the income of wealthy households, isn’t taxed at all.

Originally, the bill called for raising the payroll tax rate by one-tenth of a percentage point a year, to an employer/employee combined 14.8% by the 2040. On the other hand, Larson would reduce the income tax on Social Security earnings, returning a bit to middle- and lower-income workers. Social Security’s actuaries calculated that Larson’s bill would ensure the program’s solvency for at least 75 years, but in practical terms into the almost limitless future.

The rate increase was dropped in subsequent versions, but it was supplanted by a 12.4% tax on net investment income for taxpayers with income over $400,000. That would guarantee the system’s solvency into the 2060s, the actuaries calculated.

Social Security’s advocates plainly could see Larson’s defeat coming. The day before the Connecticut primary, three of them published an op-ed calling Larson an “irreplaceable” asset to their cause. “When it comes to fighting for Social Security,” they wrote, “no one has worked harder than Rep. Larson.” They pointed out that the “Social Security 2100 Act earned in the last Congress support from over 90% of House Democrats, representing all corners of the Democratic coalition.”

Bronin hasn’t said anything specific about Social Security, beyond a campaign pledge that he’ll work for “strengthening” the program. I asked his campaign whether he had any details to offer, but didn’t get a reply. Larson, for his part, has reacted to his defeat with a gentlemanly call for all Democrats to come together to defeat Trump.

Unlike Republicans, who have spent decades slandering Social Security as an undeserved “entitlement” and suggesting that it’s responsible for federal budget deficits (impossible, as a matter of law) and sluggish economic growth (untrue, as a matter of fact), Democrats have worked to preserve it, if not always effectively.

In coming Congresses, Republicans will be offering all sorts of nostrums to “save” Social Security. History says that these will aim to impose benefit cuts on workers to protect the rich from higher taxes.

Will the Democrats stand fast against this long GOP campaign? With Larson’s defeat, they’ll be short one leader. Let’s hope the rest of the party keeps the faith.

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Texas families ask Supreme Court to hear appeal on TenCommandments law

Aug. 17 (UPI) — A group of Texas families are asking the U.S. Supreme Court to hear a challenge to a state law that requires public schools to post a version of the Ten Commandments in a visible spot in every classroom.

The more-than-two-dozen families of various religious faiths and none are appealing a lower court’s decision in April to uphold Senate Bill 10. The families are from 22 school districts throughout the state and are represented by the American Civil Liberties Union, the ACLU of Texas, Americans United for Separation of Church and State and the Freedom from Religion Foundation.

“Texas politicians shouldn’t have a seat at the table in deciding how our children receive their religious education,” said plaintiffs Rebekah and Ted Lowe of Austin, who are raising their children in Christian and Jewish religious traditions. “This law puts one version of religious beliefs above all other in our public schools and sends a message to our children that what we teach them about religion at home is somehow wrong.”

“I’m not only worried about my own kids, but I’m deeply concerned about all the children in my congregation,” said plaintiff Rabbi Joshua Fixler of Houston. “These displays put children in the position of having to defend themselves and their families’ religious beliefs against a government mandate that makes them feel different and separate from their classmates.”

In April, the Fifth Circuit Court of Appeals ruled that the law does not violate the First Amendment’s establishment clause — which prevents the government from establishing a religion — or free exercise clause — which forbids government from prohibiting “free exercise” of religion.

“This is a major victory for Texas and our moral values,” said Ken Paxton, Texas’s Republican attorney general, after the ruling. “The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day.”

However, in its release on the request Monday, the ACLU noted that a Supreme Court case in 1980 — Stone vs. Graham — already dealt with the matter of the Ten Commandments in public schools. In that case, the high court found that a Kentucky law requiring the Ten Commandments to be posted in every public-school classroom was unconstitutional and violated the establishment clause.

In the filing Monday, the lawyers for the families involved said the court should again reject the idea of government-imposed religion.

“If the permanent, unavoidable imposition of biblical scripture in public-school classrooms does not interfere with, or threaten to undermine, parents’ ability to direct their children’s religious education and ot instill particular religious beliefs and practices, it is difficult to imagine what would,” the filing said.

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Supreme Court again rebuffs Trump’s push to toss out $5 million verdict in E. Jean Carroll case

The Supreme Court on Monday again rebuffed President Trump’s push to throw out a jury’s $5 million finding that he sexually abused the writer E. Jean Carroll at a New York City department store in the mid-1990s and later defamed her.

The Republican president’s lawyers had asked the justices to reconsider their refusal to hear his appeal. The court denied Trump’s petition along with several others.

It’s unusual — although not unheard of — for the court to grant such requests. Trump paid the judgment shortly after the court declined to take up his appeal in June.

Trump and the Justice Department are also asking the high court to toss out a second Carroll verdict totaling $83 million. They argue he’s immune from being sued over comments he made about her in 2019, when he was president. The court has not yet acted on that appeal.

Carroll is a longtime advice columnist and former TV talk show host. She testified at a 2023 trial that Trump turned a friendly 1990s encounter into a violent attack in the dressing room at Bergdorf Goodman, a luxury retailer across the street from Trump Tower in Manhattan. The jury found Trump liable for defaming Carroll when he denied her allegation in 2022.

Trump has denied any wrongdoing.

The Associated Press does not identify people who say they have been sexually assaulted unless they come forward publicly, as Carroll has done.

Whitehurst writes for the Associated Press.

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Column: Xavier Becerra won’t deliver the home runs — or strikeouts — racked up by Newsom, Schwarzenegger

California’s next governor, Xavier Becerra, is a “small ball” player, to borrow a baseball term. He probably won’t be swinging for the fences like Govs. Gavin Newsom and Arnold Schwarzenegger.

But he also won’t be striking out a lot trying to hit home runs, like Newsom and Schwarzenegger.

Democrat Newsom has rapped some doubles, most notably streamlining the long-abused California Environmental Quality Act that has slowed housing development for decades and increased the cost of homeownership.

Republican Schwarzenegger slammed a home run when he signed Democratic legislation (AB 32) kicking off California’s nation-leading fight against climate change.

But stars Newsom and Schwarzenegger frequently fanned at the plate while overreaching.

Gov. Jerry Brown? He had the “good eye,” another baseball term referring to a batter adept at spotting a good pitch to swing at and knowing when to lay off. Brown was very choosy and strategic — a solid player in his second tenure as governor.

We don’t know for sure what type of governor Becerra, 68, will be. More like the low-profile but feisty Pete Wilson? Or the dull, but dedicated and determined George Deukmejian? Certainly not an all-star complete player like Gov. Ronald Reagan.

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We can only surmise based on Becerra’s long record of public service — legislator, congressman, state attorney general and U.S. Health secretary in the Biden administration.

That, and how he’s approaching his election campaign — basically the same way he has performed throughout his career: slow, steady, cautious. A gradual, careful climb to the top in California.

A workhorse, not a show horse, using a tired cliche that’s applicable to Becerra.

Framed by the background of struggling, working class Mexican immigrant parents — roots the candidate never forgets and frequently mentions.

We do know one thing for sure: He’ll be elected governor in November — California’s first elected Latino governor in history.

We’ll go through the motions of watching two candidates “compete.” But there’s no way that a moderate, essentially clean Democrat can lose in California to a Republican former Fox News host whose only previous political gig was as strategist for a British prime minister and — most damning — who is endorsed by the detested, despicable President Trump.

GOP candidate Steve Hilton contends that Trump’s unpopularity in California “doesn’t matter because we’re not talking about national policies here. This is about what we can do in our state to make life better for Californians.”

One thing we can do is continue to fight back against Trump. Becerra vehemently pledges to do that and points to his successful record as attorney general blocking the president’s policies in court.

Trump’s national policies don’t matter in California? Wrong. He shrinks federal healthcare funds, attempts to drill for oil off the pristine coast, invades our cities with the National Guard and poisons protection for salmon and other endangered species.

Californians will be voting against Trump up and down the ballot in November.

Back to Becerra.

Small ball is basically about playing methodically, scoring one run at a time rather than relying on home runs and extra-base hits, moving runners with walks, bunts, stolen bases and bloop singles. Patience and careful incrementalism. That’s Becerra.

“I would prefer not to run on inflated promises that then I can’t deliver on,” Becerra told Politico reporter Melanie Mason last week at a public forum in Sacramento. “I’m not going to promise you 3 million [new housing] units because that’s where I can’t go. That’s an inflated promise. But I will tell you we will build. There will be more Californians who own a home.”

Newsom promised to build 3.5 million new housing units when he ran for election in 2018 — and dramatically struck out.

Becerra told reporters that “realistically” he could double the roughly 100,000 new units annually being built today. A bloop single.

The Democrat made a small ball proposal last week. He pledged two free hours of electricity daily for low-income households. Details will be negotiated with the state Public Utilities Commission and presumably private utilities like Edison and Pacific Gas & Electric.

Becerra envisions, for example, that a family of four earning less than $82,500 annually would get two hours of free electricity mid-day when regional demand is low and solar is generating lots of unused energy.

So, if it’s unused electricity why not make it free for practically everyone regardless of their income? Maybe that could be considered. Probably not.

One thing we can look forward to: A full-time governor who won’t be dividing his time running for president. He’ll be solely focused on the job of governing.

He’ll also fully understand and respect the process of legislating — as a former member of the U.S. House Democratic leadership — and presumably feel comfortable dealing with legislative honchos.

Becerra already has one devoted fan in the Legislature: Powerful Assembly Speaker Robert Rivas (D-Hollister).

“This is a person who is always just incredibly focused, someone who is very engaged,” Rivas told Politico’s Jeremy White last week.

“One quality about Xavier is he doesn’t wake up every morning thinking how he can make headlines or be on the front page of our newspapers.

“He’s someone [who] doesn’t ever have to speak the loudest but you can’t mistake that for being passive. … He’s intensely competitive. He’s extremely persistent. … He’s going to have an ambitious plan and an agenda.”

OK, we’re all ears. We’d like to hear about it before election day. But don’t count on it. Small ballers tend to be agonizingly cautious, even when they end up winning.

What else you should be reading

The must-read: Californians split on proposed tax on billionaires, sour on voter ID requirement, poll shows
What the … : California’s bid to outlaw ‘glow-in-the-dark rabbits’ and ‘unicorn horses’ fails
The L.A. Times Special: What’s at stake — legally and politically — in Paramount merger

Until next week,
George Skelton


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Moroccan authorities block 111 migrants from entering Ceuta

Thousands of people attempted to cross into Ceuta last month, overwhelming local authorities. On Saturday, Moroccan officials said they detained 111 attempting to cross. Photo by Jalal Morchidi/EPA

Aug. 15 (UPI) — Dozens of migrants were detained in Morocco on Saturday as they attempted to cross into the Spanish territory of Ceuta.

Moroccan officials said they intercepted some 111 people near the town of Fnideq, about 2 miles from the border, BBC reported.

Local police chartered buses to return them to other parts of the country, El Pais reported.

The attempted crossings come weeks after more than 60,000 people crossed the border into Ceuta, overwhelming the small territory.

At least 57 people died during the mass crossing.

Migrants were trying to enter Ceuta after the Spanish Supreme Court ruled that Spain cannot send home migrants inside their territory.

Earlier this week, Spain’s Civil Guard reported the possibility of another attempt by migrants to cross into the North African exclave.

Civil Guard officials said messages began circulating on social media sharing calls for another mass crossing on Aug. 15, Euro News reported.

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