LyrArc Article Gist
Immigration rulings on questioning by ICE- Kavanuagh ruling and Sotomayor dissent plus later apology. Kavanaugh supported ICE questioning for illegal immigrants in the Supreme Court decision. Sotomayor dissented and said Kavanugh would not understand as his parents never worked by the hour. Kavanugh wrote the Opinion of the Court saying that the questioning was temporary short and if legal the immigrant was free to go about his work.

LyrArc Article Gist
U.S. Supreme Court nominee BrettKavanaugh, a Court of Appeals judge in the District of Columbia, could affect the Mueller investigation and issues of pardon, because of his expansive views of the presidency. He was part of the Kenneth Starr investigation of president Clinton. During that investigation he pursued it vigorously but later his opinion was that the president should be not distracted from his important duties, and should have some freedom from being prosecuted. For this reason it is not clear how he would act in the Mueller investigation. President Trump could have considered this when he selected Kavanaugh, says this report.

LyrArc Article Gist
Supreme Court nominee Kavanuagh has shown a pro-business tilt on many issues. On net neutrality he favored telecom and IT companies. On a ruling on the Consumer Protection Bureau he empowered the president to fire the director on the legal reasoning that there should be several commissioners running the agency. The Net Neutrality ruling from the Obama years was overturned by president Trump, the Consumer Protection Bureau continues to have a Director. On other issues such as Clean Air Act he overturned a ruling. He also defended the rights of pharmaceutical companies vs. the FDA.

LyrArc Article Gist
Justices at the US Supreme Court question firing of Fed Governor Lisa Cook for her views by DJT. Justice Kavanaugh said to Solicitor General Sauer-

“Your position that there’s no judicial review, no process required, no remedy available, a very low bar for cause that the president alone determines . . . would weaken, if not shatter, the independence of the Federal Reserve.”

It shows that on the independence of the Federal Reserve all Justices have similar views.

LyrArc Article Gist
Justice Kavanaugh as part of majority opinion in the US Supreme Court, concurs that illegal migration is an issue in the Los Angeles area. Solicitor General Sauer contended that the area has 2 million undocumented migrants. Kavanaugh writes that race can be a factor for police checks to tackle illegal migration.

“To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors.”

 

LyrArc Article Gist
Kamala Harris at the Kavanaugh hearings during confirmation hearings for the Supreme Court for Brett Kavanaugh. She was senator from California on the Senate Judicairy Committee. In an ardent, clearly comprehending, and mindful voice Harris asked Kavanaugh :

“Can you think of any laws,” she asked the nominee, “that give the government the power to make decisions about the male body?” Kavanaugh was speechless.

LyrArc Article Gist
This analysis in the New York Times shows Supreme Court nominee not as conservative as Neil Gorsuch, yet less likely to drift left because of his federal experience. Justice Kennedy who is retiring drifted left on social issues such as abortion and gay rights. A Kavanuagh appointment would bring the conservative majority to 6 - 4.

LyrArc Article Gist
Textualism or strict interpretation of the Constitution word for word may be back but one can never be sure. No sooner is one decision made in a certain direction with a particular approach to the law whether it be textualism or something else it then comes up for rethinking a few years later, under a different approach to the law or from a new angle. This is the law practiced in most British style courts of law including the US.  Former Justice Breyer of the US Supreme Court replaced by his law clerk Ketanji Jackson, is interviewed by NYT's Adam Liptak. Today so much is written about Breyer as a non textualist, and Gorsuch, Kavanaugh recent additions to the Court as textualist or strict interpreters of the Constitution based on when it was written with what intent. Yet as thinking individuals who like the rest of the American people grow in their understanding all Justices cannot be categorized  in this way. Breyer says he worked with retired Justices Kennedy and Souter and found them to be willing and keen on hearing all angles. Then it has to be said that both Kavanaugh and Gorsuch were law clerks for Kennedy. Much of American law at the highest court actually is no better than any other human creation - it tries to approximate as best one can the people of the US. Sotomayor coming from Puerto Rican descent, Ketanji Jackson from minority black, Kavanaugh and Gorsuch from Georgetown preparatory schools where Kavanaugh's paternal grandfather attended Yale something even JFK could not claim, Chief Justice Roberts coming from a company professional type background, Barrett a professor at a Catholic university, Kagan with a Bostonian JFK style background, Alito old Italian and Clarence old minority black background. Breyer retired recently to make way for a younger judge, Judge Ketanji Jackson who was law clerk to Breyer. Breyer is writing a new book which he hopes the conservatives on the Supreme Court will read- Justices Kavanaugh, Barrett and Gorsuch. The book coming out March 26 has the title- Reading the Constitution- Why I Chose Pragmatism not Textualism. He hope these Justices will read the book and say their colleague was making sense, would say that it was not a bad point. ...

LyrArc Article Gist
Supreme Court Justices, Roberts, Jackson, Thomas, Kavanaugh, and Alito remain unpersuaded by TikTok arguments before the Court. TikTok's foreign ownership and possibility of the enormous data it collects being over many years in the hands of foreign powers is not taken lightly by the Court. Chief Justice John G. Roberts Jr. -“Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”  Justice Elena Kagan- “How are those First Amendment rights really being implicated here?” Justice Samuel A. Alito Jr.- It is “an enormously powerful, popular application” that is “gathering an arsenal of information about American citizens.” Justice Kavanaugh- “There is a long tradition of preventing foreign ownership or control of media in the United States.” ...

LyrArc Article Gist
The actual text of the Feb. 1, 2025 Executive Order  from the White House and president DJT says about the flow of fentanyl that has taken the lives of more of America's young people than the wars- the Korean War, Vietnam War and the First World War combined. That is the astonishing story of what has happened to American society over the last two decades. "The influx of these drugs to our Nation threatens the fabric of our society.  The PRC plays a central role in this challenge, not merely by failing to stem the ultimate source of many illicit drugs distributed in the United States, but by actively sustaining and expanding the business of poisoning our citizens." What the US Supreme Court and Justices Roberts, Thomas, Scalia, Barrett, Alito, Gorsuch, Kavanaugh, make of this one can only guess. One has only to walk from the US Supreme Court Building to the faces from the 1950's at the Korean War Memorial to get a sense of what the Justices have to be thinking.  ...

LyrArc Article Gist
A case on whether a US government official can pressure social media platforms to remove content the government deems harmful is before the US Supreme Court. During the pandemic president Biden sought to quell rumors and misinformation about Covid vaccines. An Appeals court in Louisiana took a very conservative position that social media platforms could not be pressured in any way even from the bully pulpit not as a bully, meaning even persuasion was not allowed. The US Supreme Court will issue its decision in 3 months after it votes and the majority opinion is assigned to be written by one of the Justices It appears to be skeptical of the Louisiana Appeals court position.This NYT report shows exchanges between the Louisiana lawyer, deputy Solicitor General Fletcher speaking for the government, and Justice Kavanaugh. Justice Kavanaugh seems to agree with Fletcher that as long as it was a bully pulpit, that the president is saying it is harmful, but not threatening, it is acceptable under the First Amendment for president to do so. The president saying the rumor and misinformation was "killing people" was still only bully pulpit, no threat was involved.  ...

LyrArc Article Gist
US president's sweeping powers to use tariffs as a tool for policy when American people's jobs, communities, health, is threatened by fentanyl and concentration of manufacturing jobs in China, unfair trade by EU and Japan, is the issue presented to the US Supreme Court. The US president presented it in this way- tariffs as a foreign policy tool, not a way to impose economic policy in the form of a tax on American importers or buyers which is the power allocated to Congress by the US Constitution. Justices who mentioned these powers called them sweeping powers but would not say the word fentanyl or look back at the recalcitrant behaviour of Asian nations Japan and China when it comes to unfari trading practices, where the US could literally negotiate forever and get no result, or to the enormous concentration of manufacturing power and supply channels in China that not only ships out American jobs but leaves Americans at the mercy of foreign powers for cost of living. Nowhere was this more evident as during covid years and now in rare earths export restrictions from China. The Justices assumed it was just alright to ignore this or leave it unsaid.  The cost to American buyers is small because most of the tariffs are borne by foreign suppliers in China, Japan and Germany, who as in the case of automobiles unfairly benefitted for decades and are now bearing most of the cost of tariffs. The large business in the US have increased their margins so much in the 2020-2024 period that they are now bearing some of the cost of the tariffs, as reported in WSJ. So that inflation in the US is at 3.0 % in the US less than anticipated, when average tariffs are at about 10% overall, not what the headlines say of 15-20% because of the product exceptions made in the tariffs for each nation. Justice Roberts may be right when he says more care should be exercized in the placing of a tariff, but even Roberts and Justices Barrett, Gorsuch, Kavanaugh and others know that the US has used this as a last resort, as a policy tool to protect the American people. Sweeping powers need care and caution as Justice Roberts stated- “power to impose tariffs on any product from any country in any amount for any length of time. It does seem like that’s a major authority."   ...

LyrArc Article Gist
A US Supreme Court 6-3 ruling that president Biden calls one that "contradicts common sense and the Constitution, which should trouble us all." The 6 conservative Justices and 3 liberal Justices vote along party lines to strike down a century old New York law with restrictions on the use of concealed weapons or weapons carried openly. Appointments to the Supreme Court have only meant taking the party disagreements into the Court- Mr. Trump appointed 3 Justices Gorsuch, Kavanaugh and Brett who joined Thomas, Alito and Roberts, appointed by the 2 Bush presidents, for this decision. The three on the Democratic side Breyer appointed by Clinton, Sotomayor, Kagan appointed by Obama. Today the presidents who made these appointments Clinton, Obama, Bush and Trump are all seen in a different light with their thinking and ideas not drawing support from all corners of America for a common sense approach to the Constitution. Following the pandemic and the war in Europe there is a shift in thinking all over America and the world, and the old politics simply don't fit in with this. Biden calls this a decision that "contradicts both common sense and the Constitution."  A group of Senators from both major parties are coming up with a common sense approach in a gun control bill in the US Senate. ...

LyrArc Article Gist
Michael Cavanaugh, a former CFO of JP Morgan Chase, who was moved to the treasury and securities unit in 2010, will now head the Chief Investment Office (CIO) unit to replace Ms. Drew. He is a trusted aide to CEO Jamie Dimon, having moved with him when Dimon was fired by Sanford Weil at Citigroup in 1998.

LyrArc Article Gist
Justice Ruth Bader Ginsberg, the oldest person on the U.S. Supreme Court dies at 87. The U.S. Supreme Court is unique in that there is no retirement age as in India and other countries. She died of pancreatic cancer. She is one of the rare jurists in that she continued to work almost to the end. She was unique in other ways because she got along well with colleagues on the court of different persuasion. Justice Scalia who was the complete opposite in thinking and views than Ginsburg said that this did not matter much as Ginsburg was "fun to be with." Former president Clinton nominated Ginsburg in 1993. Recently Justices Gorsuch and Kavanaugh joined Roberts, Alito, and Thomas,  for a 5-4 majority on the court for conservatives. Ginsburg was a woman's rights advocate in the 1970's. She will be missed mostly for her vigorous personality and feisty attitude to life working and being active even with her health condition. The death of Ginsburg means that the court is now deadlocked with 4 to 4 and no majority for conservatives or liberals. The country has also changed. Both conservatives and liberals claim they uphold the constitution of the country. Ginsburg saw this as the inclusiveness the founders intended- for women, and minorities. The conservatives see this also from the vantage of inclusiveness as the country has splintered into those who are largely college educated and tech savy, and the high school educated and less tech savy more rural and in small town that lost jobs and social services from the shift of manufacturing to China. The conservatives  see the lack of inclusiveness for the rural communities and small towns left out in the tech booms of the last three decades and shift of manufacturing overseas. Cultural attitudes add another layer to basic economic issues and a sense of alienation on both sides. In this climate and with an approaching election in 41 days the Republicans want to nominate their conservative choice supported by their Senate majority, and the Democrats want to block this appointment till after the election.   ...

LyrArc Article Gist
Governor Newsom of California is joining Republican Governors of Montana and Alabama to allow cities to act to limit encampments of the homeless in American cities, taking the case to the US Supreme Court. The Biden Administration is walking a delicate path by supporting rights of the homeless that lower courts support  yet not wanting to see the spread of homeless encampments affect the overall safety and health of cities where homeless encampments affect quality of life in neighborhoods. Homelessness of 600,000 people in the US, with more than half sleeping outside in open spaces and parks is now before the US Supreme Court. The pandemic, the large increase in housing costs in the western states, and the cost of living have pushed many people over the edge, at an alarming rate for four years. Justices ask city attorneys of Grants Pass, and in effect other cities in the US, where are people supposed to go if no other shelter is offered by the city, that they have a right to sleep, and breathe. "Sleeping is a biological necessity- Justice Elena Kagan. "Are they supposed to kill themselves, not sleeping," Justice Sotomayor.  Justices Kavanaugh and Roberts questioned whether judges should be making decision that should be made by policymakers. US Supreme Court is reviewing a lower court ruling upholding rights of homeless people in the US  under the 8th Amendment that is opposed by the city of Grants Pass, Oregon. A small western town of 40,000 people facing a problem of a significant portion of its population, about 8%, having to sleep in parks and in open public spaces because they have nowhere to go. It has only 138 beds from the Gospel Rescue Mission for homeless situations with strict rules. It faces in today's America rising homelessness- affordability of housing affecting people in many states. In 2022 an three judge panel of the 9th Circuit Court of Appeals which covers western states Oregon, California, and Washington upheld a lower court decision barring the city of Grants Pass from enforcing a citywide ban on sleeping in parks at night if no other shelter was available with fines ranging $75 -$295. As a result of this decision encampments of the homeless are increasing in the western states because restrictions on public camping no longer play a deterring role. Cities say this increases crime and drug use, disease, and hazardous waste.  ...

LyrArc Article Gist
Sebarros of the WSJ takes a closer look at the key words used by U.S. president Trump in rallies in city after city during the 2016 election campaign and in the months before the Congressional elections in 2018. Analysis by the WSJ counted the unique two word phrases, how often Trump highlighted topics, the content of audience respones in 48 post election rally speeches through Oct 27.  In 2018 the words "tax cuts,"fake news," and "health care," appeared more often than in 2017 after the Republican party's win in passing a tax cut. Other phrases used frequently were "law enforcement," "North Korea," and "Supreme Court" after the win in nominating Judge Kavanaugh. The use of the 2 word phrases are carefully done. The words "fake news" were not used during sensitive periods such as when pipe bombs were mailed to government offices, yet resumed few weeks later. His own name is the seventh most used word, even for someone such as Mr. Trump, showing that behind the impromptu remarks there is a carefully worded effort to steer voters in a particular direction with carefully developed appeals. Another example is when the Dow Jones averages were reaching new highs in September and October Mr. Trump highlighted the stock market growth, and then when volatility increased by November said much less on this topic. Graphs by Jessica Wang provide a good look at how frequently and in what manner Mr. Trump has continued his unique campaigning style before the 2018 Congressional elections, with two word appeals to already receptive audiences. The audience participation is a singular feature and the words "U.S.A." were used in 85% of the rallies with "Build that Wall" at 65% as the next most frequent.  Much of it is repetitive in city after city and the WSJ analysis shows that the major television networks including Fox News are not covering the speeches from beginning to end as they did before, only C-Span public network does. To receptive audiences in carefully scripted surroundings, including larger ones such as the Toyota Center Houston, where larger numbers of supporters worried about immigration, health care, trade, and other issues can come together, president Trump has rallied core supporters with this kind of appeal. ...

LyrArc Article Gist
Anil Kumar, was adirector of Mckinsey & Company. He is alleged to have past insider information on AMD and other clients to Galleon founder Rajaratnam. He had investments with Galleon funds. He was closely connected to Mr Gupta, a former managing director of McKinsey who heads the executive board of the Indian School of Business in Hyderabad, and which was founded with the collaboration of Wharton and the Kellogg School of Management. It has a number of Indian executives on its board. He is agraduate of the Indian Institute of Technology in Mumbai and of Wharton. He joined McKinsey in 1986 and relocated to India in 1993 to build the Indian practice of McKinsey. He launched the McKinsey Knowledge Centre in Gurgaon, New Delhi, as a knowledge outsourcing centre, that supports Mckinsey consultants. Because of the close secrets confided to McKinsey, Richard Cavanaugh, a McKinsey partner says client confidential information leaking is the most mortal sin a person could commit.

LyrArc Article Gist
Under the law overturned by the US Supreme Court it was illegal to carry a gun openly and a permit was needed in New York to carry it concealed. Three Supreme Court Justices appointed by president Trump were of a disposition that opposed gun control laws- Gorsuch, Kavanaugh, and Barrett. The requirement under the New York law was that you had to show "good moral character" and "cause" to carry a concealed weapon or carry a gun openly. Many other states have such laws in California, Hawaii and urban states in the north east. Republican states are loosening gun control laws. This comes as many random shooting incidents are taking place in the US some in schools and grocery stores, the most recent being a shooting in Buffalo, NY. The vote was 6-3 after the Supreme Court for years had avoided hearing such cases based on Second Amendment rights from the Constitution that some had interpreted to include freely carrying guns without any common sense restrictions. This issue is second only to abortion as a cultural issue in the US on which sides are taken by the public including the Supreme Court Justices selected by Mr. Trump. Though not directly apparent these and issues of immigration, other cultural issues surrounding gay rights are putting those who would normally come together on issues of national interest on opposite sides when it comes to common sense support for everyday issues of feeding families, keeping workers employed in good factories at home, child care, education, health care, fair wages, restoring America's manufacturing leadership and bringing back manufacturing to the US. The emergence of Tech and tech companies, Silicon Valley, the finance sector in New York, has reinforced the prejudice in these opposing sides as Tech and the finance sector have largely embedded themselves into the Democratic side. Tech and finance sector employees with higher incomes have largely insulated themselves from the interests of ordinary workers and families creating a split Democratic party when it comes to supporting workers and families who form the vast majority of the American people. In a sense today the national interest is separate from these cultural issues and supporters of national interests can be found in both parties who can look beyond and above these cultural issues. It is also where many of these cultural issues can be resolved to some degree using common sense on which most informed members of Congress can agree. This is true for gun control as a group of bipartisan Senators from both parties are preparing gun control around common sense principles that today are even beyond the capacity of the Supreme Court of the US that itself now reflects a raucous public sphere. ...