Good morning; it’s Tuesday.
Yesterday I wrote about a milestone Supreme Court decision, and today I find myself focusing on not one, but two notable Supreme Court-related items.
I’ve always been interested in the nation’s highest court – what other job is so influential and guarantees a lifetime of employment? None that I can think of.
I participated in mock trial during high school and Constitutional Law was one of my favorite classes as an undergrad.
Yeah, I didn’t go to law school, though I did toy with it. Interning with an Ulster County family court judge one summer was enough to convince me that a life of toiling with legal briefs was not for me. I like to argue but doing so professionally turned out to be more than I was cut out for – though I guess you could consider persuasive op-ed writing a form of argument.
Anyway, I’ve got The Nine on my bookshelf but haven’t gotten around to cracking it open yet. I have been paying a lot of attention since the Obama years to the appointment and confirmation battles, and, of course, the decisions rendered by the increasingly conservative leaning court that have (IMHO) set this country back decades from an equity and social justice standpoint.
Another pair of cases currently under consideration could well overturn affirmative action (the ability by institutions of higher education to consider race in their admissions process), which would be yet another setback in my view.
On this day in 1966, the court ruled in Miranda v. Arizona that the police must inform suspects of their rights before questioning them. You’ve heard of reading someone their Miranda rights, right? (If not, you really need to catch up on your Law & Order binging). Well, this is where that saying comes from.
“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.” – Chief Justice Earl Warren
The case stemmed from the arrest in 1963 of a man named Ernesto Miranda was arrested because police suspected he had stolen eight dollars from a bank employee. While he was being questioned, Miranda told the officers he had kidnapped and raped an 18-year-old girl just a few days earlier.
Miranda was charged, convicted and sentenced to up to 30 years in prison. But his conviction was set aside by an appeals court after it was determined that he had never been advised of his rights – namely that he didn’t have to answer any questions posed to him by the police with an attorney present and also that he didn’t have to incriminate himself.
The Supreme Court agreed, basically determining that presenting Miranda’s confession as evidence had violated his constitutional rights under the 5th and 6th Amendments. The rest – as they say – is history.
A year after the Miranda case was decided, President Lyndon B. Johnson nominated Solicitor-General Thurgood Marshall to become the first black justice on the U.S. Supreme Court.
Before he joined the Supreme Court bench, Marshall argued 32 cases before the court, winning 29. That included his claim to fame, the landmark 1954 Brown v. Board of Education case in which Warren noted that “in the field of public education, the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”
The Senate voted 69-11 to confirm Marshall. A number of Southern Democrats joined Republicans in voting against him. Interestingly, his nomination drew considerably less criticism and sparked a lot less controversy than some of those made in more modern times, which is kind of amazing, given the fact that it was the 1960s.
I’m droning on again, aren’t I? I’ll climb down off my virtual soapbox to give you what you really want – the weather (clouds in the morning and sun in the afternoon, with temperatures in the mid-to-high 70s) and the news.
In the headlines…
President Joe Biden’s packed schedule yesterday was derailed by a root canal. Biden was supposed to host College Athlete Day at the White House, but Vice President Kamala Harris subbed for him so he could undergo the dental procedure.
Biden complained of dental pain on Sunday and an examination was performed that day, said White House physician Dr. Kevin O’Connor. He had X-rays and an initial root canal was carried out. He had more pain yesterday and went under the knife again.
The president’s team was not planning to use general anesthesia for the procedure and the 25th Amendment transferring power to the vice president was not invoked, a White House official said. Biden did receive local anesthesia as a “numbing” agent.
There were no complications, and O’Connor reported Biden “tolerated the procedure well.”
It’s rare for the leader of the free world to be rendered silent, but Biden is clearly determined to say as little as possible about his predecessor Donald Trump’s federal indictment.
Jill Biden, in her first solo outing of the 2024 campaign, said it was “a little shocking” that a sizable number of Republicans are still thinking of voting for Trump even after his indictment – a subject that her husband has tried to avoid speaking about.
President Biden said he’s never influenced the DOJ as critics raise accusations following Trump’s indictment over classified documents.
Trump’s plane has landed in Miami International Airport ahead of his scheduled court appearance and arraignment today. He is expected to meet his lawyers and discuss a Florida-based legal team.
Trump seemed to win the judicial lottery when his newest criminal case — a 37-count indictment for hoarding classified documents and obstructing a grand jury probe — landed before U.S. District Court Judge Aileen Cannon.
A chorus of legal experts is calling for Cannon, a Trump appointee, to recuse herself from the former president’s trial on charges relating to his handling of classified documents after leaving the White House.
The top judge for the US District Court of the Southern District of Florida ruled that journalists covering Trump’s arraignment in Miami today may not bring cellphones into the courtroom.
Nikki Haley called Trump “reckless.” Tim Scott described the federal charges brought against him as “serious allegations.” Their comments marked a significant departure from the two presidential contenders’ initial reaction to Trump’s indictment.
A studio founded by the actors Matt Damon and Ben Affleck denounced Trump’s use of audio from its movie “Air” in a campaign video posted online over the weekend.
The former president has already tested a variety of arguments to challenge his indictment in the classified documents case. They could be hard to sustain in court.
Republican rebels who blocked action in the House for the past week said they would allow votes today, but warned that they would wrest control of the floor again unless leaders met their demands.
The Biden family is planning to host an intimate dinner for Prime Minister Narendra Modi on June 21, a day before the much-in-demand State Dinner at the White House, a senior administration official has said.
California Gov. Gavin Newsom sparred with Fox News host Sean Hannity last night, insisting President Biden is physically fit for a second term as president while refusing to say whether supporters have urged him to run against Biden on the 2024 ballot.
The Seneca Nation and the administration of Gov. Kathy Hochul have possibly negotiated an agreement that could bring a casino to Rochester.
The Hochul administration signed a “non-disclosure agreement” with the Seneca Nation and could not share the details of the potential casino with members of the Rochester delegation, who were not at all pleased.
Assembly Speaker Carl Heastie’s office on Saturday indicated there is support for the bill, which could spawn a casino in Rochester, but the potential rejection of the gaming compact could offer another point of tension between the Legislature and the governor.
A return to Albany by the Assembly (possibly on June 20) also represents a second chance for divisive bills that divided the Democratic supermajority in the final weeks of the scheduled legislative session despite passing the state Senate with relative ease.
Tens of thousands of state workers will be getting a 3% raise under a tentative labor deal reached between Hochul and two public employee unions.
Major health care, business and labor unions in New York are making a final push for the Assembly to advance a measure that would use untapped federal funds to expand health care coverage to include residents without legal status living in the state.
New York’s 150-year-old process to incorporate a village may be getting a 21st Century update. A bill authored by state Sen. James Skoufis and passed by the state Legislature would change provisions in the process.
Marijuana growers who have been unable to sell thousands of pounds of crops they cultivated last year received some hope last week when the Legislature passed a bill that would allow the sale of the stockpiled cannabis to tribal nations.
A Jewish group is calling on Hochul to remove City of New York (CUNY) Chancellor Felix Matos Rodriguez from his position following his response to a recent anti-Israel and anti-American commencement speech by one of the school’s law graduates.
Albany’s Department of Motor Vehicles unveiled a new line of custom license plates that showcase 14 different regions of the state, instead of the current plates that jam attractions from Niagara Falls to Montauk into one backdrop.
NYPD Commissioner Keechant Sewell, the first woman to lead the nation’s largest police force, has resigned, ending her 18-month tenure amid an ongoing power struggle with City Hall.
“While my time here will come to a close, I will never step away from my advocacy and support for the NYPD, and I will always be a champion for the people of New York City,” Sewell said.
Sewell gave no reason for the abrupt end to a tenure during which she won over many in the rank and file even as she jockeyed for position against other appointees and top officers.
Mayor Eric Adams thanked Sewell for her leadership. “When we came into office, crime was trending upwards, and thanks to the brave men and women of the NYPD, most of the major crime categories are now down,” an emailed statement read.
It was not immediately clear who would be taking over to lead the largest police force in the country. In the absence of a commissioner, the top-cop’s first deputy, in this case Edward Caban, would step into the role.
For the third time in a week, a report has highlighted the sharp disparity between arrests of white New Yorkers and minorities. The Police Reform Organizing Project (PROP) said of 715 arraignments from 2022 it analyzed, 91% were for people of color.
A federal monitor who supervises the jail complex on Rikers Island is expected to deliver a sharp rebuke of New York City’s jails chief, Louis A. Molina, in court today over violent or negligent treatment of incarcerated people by jail staff.
The federal monitor on violence in New York City jails added fuel yesterday to his contention in several reports last month that the Correction Department engaged in attempted cover-ups of five serious incidents including two deaths.
Starting July 12, New York City’s app-based delivery workers must be paid at least $17.96 an hour, not including tips — the first such minimum pay-rate in the country for an industry that exploded in popularity during the pandemic.
New York City will expand its Summer Streets program next month with a plan to double the amount of car-free, pedestrian-friendly space to 20 miles.
Two Upper West Side college dorms are being turned into mega shelters for migrants, Adams announced — though many details about the sites were not immediately clear, including what will happen to a handful of New Yorkers who live there permanently.
The two new mega-shelters — dubbed Humanitarian Emergency Response and Relief Centers by officials — will open on the Upper West Side and include enough rooms to provide housing for more than 800 single women and adult families.
Adams is expected to use executive authority to abolish a rule that requires low-income New Yorkers to stay in homeless shelters for at least 90 days before they can apply for city-funded rental vouchers.
Gender-affirming treatments like reassignment surgery and hormone therapy will now be protected under an executive order signed by Adams yesterday.
The recent redistricting involving New York City Council seats has triggered some competitive June 27 primary races, and early voting in them begins Saturday.
Hailie Kim, a Democratic Socialist running for a Queens Council seat, was sued last year for allegedly stiffing a homeless woman on her salary — but Kim has records showing she tried multiple times to pay the woman, who seemingly refused to accept the cash.
New York City will delay enforcing a new municipal law that Airbnb said could limit the number of people who can host rentals in the city, a Friday court filing showed.
The City of Albany released a copy of its engineering report on the removal of the Maj. Gen. Philip Schuyler statue, saying it previously declined to provide the document due to concerns it might inform someone how to topple the monument.
John Mellencamp’s sold-out show at the Palace Theatre is canceled. The Palace was not given a reason for the cancellation, a spokesman said. The theater broke the news on Facebook, saying refunds will be available from the point of purchase.
The wait continues to see if Antonio Brown, the Albany Empire’s majority owner, will make his National Arena League playing debut Saturday when the Empire face the Jacksonville Sharks at MVP Arena.
Senate Majority Leader Chuck Schumer announced a “landmark” deal in which GlobalFoundries will make computer chips for Lockheed Martin, the defense contractor that makes helicopters, fighter jets and other equipment for the U.S. military.
The City of Troy has paid off the last $1.97 million in debt on its retirement accounts, closing the door on $44 million in legacy operating debt, Mayor Patrick Madden said.
Albany International Airport has become the first airport in the United States and fourth worldwide to receive an accreditation from Airports Council International that recognizes its accessibility for passengers with disabilities.
The home of the third and final leg of horse racing’s Triple Crown is finally getting a major makeover. But the timeline could have the 2025 Belmont Stakes looking for a temporary home, and the NYRA would like it to be at Saratoga Race Course.
One person was killed and more than a dozen had to be rescued after a tour boat capsized yesterday morning while carrying passengers through a narrow underground cavern in Lockport, prompting an all-out response, officials said.
Officials said there were 28 adults and one staff person on the boat when it became unbalanced and capsized around 11:20 a.m.
Love Canal was one of the nation’s worst toxic waste catastrophes and now — 45 years later — the site for a new, and sometimes unknowing, generation of homesteaders.
Pat Sajak, who has been one of the most familiar faces on American television for over four decades as the host of “Wheel of Fortune,” announced that he would retire next year.
“The time has come,” Sajak, 76, said on Twitter. “I’ve decided that our 41st season, which begins in September, will be my last.”
The Denver Nuggets beat the Miami Heat 94-89 last night to win their first NBA championship after 47 years in the league.
It took an unheralded center from Serbia who turned into the most formidable player in the game and a Canadian point guard who found himself again after a long and arduous recovery from a career-threatening knee injury.
Franz S. Leichter, a maverick state legislator for three decades whose progressive views on abortion, gay unions and the decriminalization of marijuana eventually became law, helped in no small part by his persistent prodding, has died at 92.
Flamboyant, freewheeling, slippery and preening, Silvio Berlusconi loomed over Italian politics for decades as billionaire businessman, media tycoon and prime minister. He died yesterday at 86.
