The American public no longer believes the Supreme Court is impartial

Published

2 years ago

January 11, 2023

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Never in recent history, perhaps, have so many Americans viewed the Supreme Court as fundamentally partisan.

Public approval of the nine-justice panel stands near historic lows. Declining faith in the institution seems rooted in a growing concern that the high court is deciding cases on politics, rather than law. In one recent poll, a majority of Americans opined that Supreme Court justices let partisan views influence major rulings.

Three quarters of Republicans approve of the high court’s recent job performance. But Democrats’ support has plummeted to 13 percent, and more than half the nation overall disapproves of how the court is doing its job.

Public support for the high court sank swiftly last summer in response to Dobbs v. Jackson Women’s Health Organization, a landmark ruling that revoked a constitutional right to abortion. The decision delighted many conservatives but defied a large majority of Americans who believe abortion should be legal.

Anti-abortion advocates celebrate outside the Supreme Court in Washington on June 24, 2022, following the court’s decision to end constitutional protections for abortion that had been in place nearly 50 years. (AP Photo/Steve Helber)

Yet, partisan anger runs deeper than Dobbs. Liberals are fuming about a confluence of lucky timing and political maneuvering that enabled a Republican-controlled Senate to approve three conservative justices in four years, knocking the panel out of synch with the American public.

Judged by last year’s opinions, the current court is the most conservative in nearly a century, at a time when a majority of Americans are voting Democratic in most elections. Democrats say the court no longer mirrors society, a disconnect that spans politics and religion. All six of the court’s conservatives were raised Catholic, a faith that claims roughly one-fifth of the U.S. population.

Republicans counter that the high court’s job is to serve the Constitution, not to please the public.

“The Left was used to, for the most part, getting its way with the court,” said John Malcolm, a senior legal fellow at conservative think tank the Heritage Foundation. “Now that the Left is not getting its way with the court, they’re trying to tear it down and delegitimize it.”

Legal scholars may not care much about the high court’s popularity, but they care deeply about its legitimacy.

And what is legitimacy? James L. Gibson, a political scientist at Washington University in St. Louis, defines it as “loyalty to the institution. It is willingness to support the institution even when it’s doing things with which you disagree.”

Americans remained steadfastly loyal to the high court for decades, Gibson said, embracing it even after the powder-keg Bush v. Gore decision of 2000, which decided an election. Members of Congress near bottom of ethics ratings: Gallup

But then, with Dobbs, the high court suffered “the largest decline in legitimacy that’s ever been registered, through dozens and dozens of surveys using the same indicators,” Gibson said. “I’ve never seen anything like it.”

One Gallup poll, taken after someone leaked a draft of the Dobbs ruling, found that only 25 percent of the American public had confidence in the court, the lowest figure recorded in a half century of polling.

Around the same time, journalists revealed that Ginni Thomas, wife of high court Justice Clarence Thomas, had pressed state lawmakers to help overturn former President Trump’s 2020 defeat at the polls.

“The idea that you have the spouse of a Supreme Court justice advocating for overthrowing the government — sui generis, I think,” said Caroline Fredrickson, a visiting law professor at Georgetown University, invoking the Latin term for “unique.”

With the high court’s legitimacy eroding, Gibson said, the panel faces “greater institutional vulnerability to congressional manipulation.”

An unsympathetic legislature could add seats to the court, “packing” it to dilute the influence of the conservative majority. Congress could impose term limits on justices who now serve for life. Lawmakers could narrow the court’s jurisdiction, limiting its authority to hear contentious cases.

“Practically nothing about the court is free from congressional manipulation,” Gibson said. “And, man, John Roberts is aware of this.”

President Donald Trump, left, walks with Supreme Court Chief Justice John Roberts on Monday, July 22, 2019, in Washington. (AP Photo/Alex Brandon)

The chief justice has emerged as a voice of moderation on the right-leaning panel. One Gallup poll, taken in December 2021, found that 60 percent of Americans approved of how Roberts was handling his job. Roberts outpolled other A-list leaders, including the president, vice president and leaders of the House and Senate.

“He’s the justice who twice saved Obamacare,” Malcolm said. Roberts joined the court’s liberals in rejecting legal challenges to health care reform by a popular president.

“He’s the justice who said, ‘I would not have overturned Roe v. Wade,’” Malcolm said. While he joined his conservative colleagues in the majority on Dobbs, Roberts wrote in a concurring opinion that he would have preferred not to reverse the 1973 abortion decision, but instead to rule more narrowly on the case at hand.

Roberts, chief justice since 2005, has defended the court’s legitimacy in public remarks since Dobbs. Legal scholars say he is keenly aware that his court is drifting away from the mainstream of public opinion.

“I think Chief Justice Roberts cares a lot about the optics,” Fredrickson said.

In its first term with a six-person conservative bloc, the high court overturned Roe, posited a Second Amendment right to carry guns in public and restricted the government’s role in combating climate change, among other rulings.

According to a scholarly database, the Dobbs court delivered its most conservative term since 1931.

In previous decades, by contrast, “the U.S. Supreme Court has rarely been out of step with the preferences of its constituents, the people,” Gibson said. “Throughout history, the court has ratified the views of the majority, not opposed them.”

If the current court has a historical precedent, it is the Warren court of the 1950s and 1960s. The panel led by Chief Justice Earl Warren inspired mass protests with decisions that expanded civil rights and outlawed segregation in public schools.

“You ended up having ‘Impeach Earl Warren’ signs throughout the Southeast during this time,” Malcolm said.

But even the Warren court didn’t cleave the nation by political party.

“While the divisions over the Warren court may have been just as deep or deeper, they didn’t break down deeply along party lines,” said Ilya Somin, a law professor at George Mason University. “There used to be liberal Republicans and conservative Democrats.”

Over the decades, the transfer of presidential power between parties has guaranteed a steady stream of liberal and conservative appointees to maintain political balance on the court. Former Presidents Clinton, George W. Bush and Obama each appointed two Supreme Court justices in a two-term, eight-year presidency.

And then came President Trump, who collaborated with a Republican Senate to deliver three justices in a single term.

Trump’s first appointment, Neil Gorsuch, plugged a vacancy Obama had attempted to fill with Merrick Garland, now the attorney general. The Republican Senate majority blocked Garland, stalling until the 2016 election in hope that a Republican candidate would prevail. Democrats howled.

Trump’s second pick, Brett Kavanaugh, followed a more orderly process but seeded even more controversy when a congressional witness, Christine Blasey Ford, accused the nominee of sexual assault.

Trump’s third appointment, Amy Coney Barrett, arrived on the eve of the 2020 election. This time, the Republican majority chose not to await the results. Again, Democrats howled.

Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Friday, Oct. 7, 2022. (AP Photo/J. Scott Applewhite)

Barrett replaced Ruth Bader Ginsburg, a liberal icon who had clung to her seat through two bouts of cancer before dying in office at 87. Liberal strategists had urged her to resign during the Obama presidency. Some progressives fault her still for not stepping down.

In the months to come, President Biden and congressional Democrats could restore the court’s ideological balance by packing it with liberals, or hobble it by narrowing its jurisdiction. But they probably won’t, legal observers say, because the Republicans could one day weaponize the same tools against the Democrats.

Far more possible, in the long term, is a bipartisan consensus to impose term limits on the court. With medical advances extending human life, high-court justices now routinely serve for 30 years. Lifetime appointment “gives them a bizarrely monarchical sort of power,” Fredrickson said.

A 2021 bill proposed 18-year terms, with the president allowed to nominate a new justice every other year.

Two-thirds of the public support term limits. But Republicans have little incentive to back legislation that, from their perspective, solves a nonexistent problem.

“There’s a good chance that, sooner or later, we will get term limits for the Supreme Court,” Somin said. “But later is more likely than sooner.”

World

Teenager describes forced separation from family as Israel evacuates 90% of North Gaza

Published

45 mins ago

November 5, 2024

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Teenager describes forced separation from family as Israel evacuates 90% of North Gaza

“We sat in the yard from 8am to 5pm under the sun with no water or food.”

Sixteen-year-old Mohammed* was separated from his mother by Israeli forces as his family tried to flee northern Gaza.

Mohammed’s mother was taken to a “sandy pit” with other women and children and sat in the heat for hours before the group were released and told to move south. She took this video as she waited.

Mohammed and his mother are among tens of thousands of Palestinians who have been forced to flee northern Gaza in the past few weeks, as Israel’s military assault against Hamas has intensified.

Using geolocated videos, an interview with a teenage boy held in a school by Israeli forces and evacuation orders issued by the military, Sky News has investigated the conditions that some civilians have faced while leaving.

Our analysis of the evacuation orders reveals that over the course of five days in mid-October, the Israeli military ordered the evacuation of 90% of the North Gaza governorate – an area half the size of Manchester. The UN says within two weeks in October alone, 60,000 people were displaced from North Gaza.

It comes as experts told Sky News Israel has a responsibility as the occupying power to look after civilians, “especially those civilians it may move for military reasons”.

In response to our report, the IDF said it makes “every effort to prevent harm to uninvolved civilians” and takes “additional measures” alongside evacuation maps to move civilians to safer areas.

It said: “Extensive efforts are being made to identify each individual examined and to detain only those who are terror operatives or suspected of being involved in terrorist activities”. It added that those who are not involved are released “as soon as possible” and IDF protocols are to “treat detainees with dignity”.

Videos show mass evacuations

Northern Gaza has become the focus of Israel’s military efforts in the strip. It says it aims to destroy Hamas who they say are regrouping in the north.

Sky News geolocated 17 videos and images taken by civilians, soldiers and shared by the IDF showing mass evacuations and detentions in northern Gaza posted online in the past three weeks.

The footage below shows hundreds of civilians fleeing on foot. Taken from an Israeli armoured vehicle, women and children are seeing carrying their belongings. It offers a glimpse into the scale of the evacuations taking place in the north.

We mapped the locations of these videos to an area just north of the Indonesian Hospital. The IDF has also published multiple videos online in the past two weeks showing its efforts to help civilians leave.

But other footage, geolocated to a similar area, captures a different part of the IDFs operation.

One video, posted online on 23 October, shows at least 23 Palestinian men barefoot, blindfolded, dressed in white suits and led away by Israeli soldiers.

The IDF had said in the days previously, that its forces had been operating against “terrorists” in the area. But the exact circumstances of this video are unclear.

Defence and security analyst Professor Michael Clarke says that while it’s not “unreasonable” to separate people for interrogation in a counter-terrorist operation, there are conditions.

He said: “They have to be interrogated properly. They can’t be held indefinitely. They have to have some form of representation and evidence has to be produced. Simply taking all the men away and locking them up is strictly against the laws of war and the Geneva Convention.”

In response, the IDF said recently its forces have been operating in Jabalia in northern Gaza against “terrorist infrastructure” and Hamas militants and has detained and questioned “individuals suspected of involvement in terrorist activities”.

It added that “relevant suspects are transferred for continued detention and investigation in Israel” and those who are not involved are released, adding that individuals detained are treated “in accordance with international law”.

Teenager separated from family

Mohammed is among Palestinians who have been separated from their family during evacuation. With his parents, the family started their journey out of northern Gaza on 22 October after an Israeli evacuation order for Beit Lahia was issued that morning.

Mohammed said they walked from a house they were staying at near the Kamal Adwan Hospital and headed towards the Indonesian Hospital. His mother said casualties were “flooding” in and out of the hospital and described it as “the most terrifying scene ever”.

Mohammed said: “The soldiers were laughing at us and hurling insults as we walked among them… When we arrived at the Indonesian hospital, the solders separated the men from the women and put them in a school and made the women continue walking along Salah al Din Road.

“I’m 16 years old, I’m still young. I continued walking with my mother, but the soldier ordered me in Arabic to go to the school.

“My mother told me, ‘don’t answer him and keep walking with me. I can’t leave you alone’. My father went, but I was still walking with my mother. But then the soldier raised his weapon at me and said to me, ‘I told you to go the school’.”

Mohammed and his father were taken to the al Kuwait School next to the hospital where they were ordered to sit outside for nine hours. His mother, separated from her son, was told to continue walking towards the Salah al Din Road.

He said: “The army was summoning 10 people then 10 more for examination for security… they put them in white uniforms blindfolded and walked barefoot the soldiers beat them if they fell.”

With a group of women and children, Mohammed’s mother was taken to a sandy area just off the Salah al Din Road where they sat in the sun for hours before eventually being released and walking to Gaza City. Three of the videos we geolocated were taken by Mohammed’s mother, 800m south of the Indonesian Hospital.

She told Sky News: “I filmed everything. I don’t know why I did it, I just wanted to show my son and husband what we were experiencing when I was reunited with them.”

Mohammed and his father were released separately that evening. He says he walked for five hours with no clothes to get to Gaza City, where he found his parents. They are unsure when or if they will be able to return safely to the north.

In response, the IDF said it addresses and examines events that deviated from IDF values through “command and disciplinary measures”. It said requested details necessary to examine the claim “were not provided” and therefore are unable to further review them.

Journey to Mawasi over 16km

The Israeli military has urged civilians to go to al Mawasi – a strip of land on the coast in southern Gaza which it deems a “humanitarian zone”. The United Nations humanitarian agency has said Gaza’s population of 2.3 million is increasingly concentrated in al Mawasi.

The military has frequently posted evacuation maps online – telling civilians which zones to leave and where they should go.

These maps are not the only form of evacuation notices issued by the IDF, who also use other methods like leaflets. But the Israeli military says they are created to minimise civilian casualties and Gazans are often told to refer to them.

Since the start of October, our analysis found the IDF’s Arabic spokesperson has posted three evacuation maps for northern Gaza – on 7, 8 and 12 October.

Two of the maps, posted on 7 and 8 October, show the same area, covering the majority of North Gaza governorate. The third map, posted on 12 October, covers the neighbourhood of Jabalia. Sky News compared these maps with UN maps of Gaza’s official administrative boundaries.

It is possible that the IDF has issued more evacuation orders in the period we analysed using maps and other methods which were not posted online. Our analysis is based on the information they have posted on their social media accounts.

Our analysis found that the areas evacuated between 7 and 12 October encompass 90% of the North Gaza governorate. The UN told Sky News that an estimated 90,000 people remain in the region.

Of the three maps we found, only one of them details the time period in which civilians were safe to travel on the given route. The other two do not provide a length of the evacuation order or an expiry date.

In response, the IDF said since the start of the war over two million evacuation notifications have been distributed, more than 12 million flyers have been dropped, over 100,000 phone calls made and over 800,000 voice messages sent for evacuations.

Measuring the distance between our geolocated videos of the evacuations and the Mawasi zone, we found civilians would have to walk at least 16km to get there.

We also found that the three hospitals that have recently been operational in northern Gaza – Kamal Adwan Hospital, Indonesian Hospital and al Awda Hospital, were included on two of the three evacuation maps we found.

The IDF expanded the area of the al Mawasi zone in October but has been criticised for its lack of support for civilians who have moved there.

Professor Clarke said: “If the Israelis are moving these people out, that can be permissible if they can provide evidence that they are providing for these people at the other end of their journey.

“Now, so far in the evacuations that we’ve seen in the last 12 months in Gaza, that has not been the case. The best the Israelis have managed is to allow the UN and relief organisations to do something. But the fact is it’s their responsibility, not the UN responsibility. It’s their responsibility as the occupying power to look after civilians, particularly civilians it may move for military reasons.”

The IDF said as part of its efforts in the humanitarian zone of al Mawasi, “proactive calls” were made for civilians to evacuate “to an area into which humanitarian aid was transported, including food, water, medical supplies, and shelter equipment, which included the provision of 40,000 tents purchased by the State of Israel”.

It added that due to recent operations in the Jabalia area, “prior notifications indicated the need for evacuation… which also includes several hospitals”. It said officials from the Palestinian healthcare system and international community requested IDF assistance in safely evacuating the hospitals in the area.

The military said “no specific time frame was set for the evacuation of the hospitals, and evacuations have been ongoing”.

There have also been significant changes to infrastructure in northern Gaza. Satellite imagery taken 10 days apart shows the disappearance of two large displacement camps and tents set up in schools.

Over 50 tents in a civilian displacement camp less than 500m north of the Indonesian Hospital is visible in imagery taken on 14 October but is not visible in an image taken on 24 October.

Another camp with over 100 tents less than 2km south is also not visible in the latest imagery of the area.

It’s unclear whether the camp was cleared by the military or civilians. The IDF facilitated evacuations in the area near the Indonesian Hospital within the 10-day period when the images were taken.

It’s not yet clear how long the Israeli offensive in the north will continue for. Aid organisations and members of the international community like the UN Palestinian refugee agency (UNRWA), have raised concerns about the humanitarian situation in northern Gaza, citing limited humanitarian aid getting through.

*Mohammed’s name has been changed to protect his identity.

Additional reporting by Celine Alkhaldi, Middle East producer, Michelle Inez Simon, visual investigations producer, Sam Doak, OSINT producer and Adam Parker, OSINT editor.

The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open-source information. Through multimedia storytelling, we aim to better explain the world while also showing how our journalism is done.

US

Voter in UK ‘terrified’ by US election legal battle, as up to 4,000 ballots challenged in Pennsylvania

Published

45 mins ago

November 5, 2024

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Voter in UK 'terrified' by US election legal battle, as up to 4,000 ballots challenged in Pennsylvania

Up to 4,000 people voting overseas in the US election are having their ballots challenged in Pennsylvania, a key battleground state, according to the American Civil Liberties Union (ACLU).

They include Selma Aldi, 47, from Camden in north London who received a letter on Sunday explaining that her ballot in the US presidential election is at risk of being rejected.

“It was a shock,” she said. “It was terrifying to be targeted, to potentially lose a right that I hold as very important. It’s even a feeling that someone is questioning my identity.”

Latest on US election

The trainee GP, who grew up in Hershey, Pennsylvania left America in 2000 but has voted via absentee ballot in every US presidential election since.

A letter from election officials in Dauphin County outlines the legal challenge. It reads: “The applicant is not registered to vote and therefore is not eligible to vote in Pennsylvania.

“Under Pennsylvania law, it is a felony to permit any person to vote who is not registered.”

A hearing on the legal challenge is scheduled for Friday, in which Ms Aldi can respond.

Around 2.8 million US citizens living abroad are entitled to vote in the election, no matter where they are on polling day.

But each state has different procedures and rules on how election paperwork can be sent and received.

But Ari Savitzky, senior staff Attorney at the ACLU said “any attempt to challenge [voters] eligibility is a clear violation of their rights”.

He told Sky News: “Between 3,000 and 4,000 challenges have been filed in Pennsylvania to the absentee ballots of US citizens living abroad.

“For decades, federal law has guaranteed the right of US citizens living abroad to vote in federal elections at their last US residence.

“In addition to being legally baseless, these challenges are an abuse to voters and to election administrators.”

Deborah Hinchey from another voting rights group, All Voting is Local, said: “Election deniers across Pennsylvania have submitted thousands of mass challenges to overseas voters.

“They want to block as many ballots as possible and silence our voices… but these baseless challenges have failed before and the proper checks and balances are in place to make sure they’ll fail again,” she added.

Tonight, Sky News will have access to the most comprehensive exit poll and vote-counting results from every state, county and demographic across America through its US-partner network NBC.

You can find out more about Sky News’ coverage here.

UK

Suspicious parcel fire at Birmingham warehouse was ‘test run’ by Russian spies ahead of US attack

Published

46 mins ago

November 5, 2024

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Suspicious parcel fire at Birmingham warehouse was 'test run' by Russian spies ahead of US attack

An apparent firebomb attack at a DHL warehouse in Birmingham, linked to Russian-backed saboteurs, was believed to be a trial run for a US attack, according to Polish officials.

Poland’s National Prosecutor’s Office has confirmed four arrests after parcels “containing explosives” were allegedly sent via courier companies to countries including the UK.

Counter-terror police in the UK are already investigating whether Russia had any involvement after a suspicious package caught fire at a DHL warehouse in Minworth in July.

Authorities in Germany are also examining several fires thought to have been caused by incendiary devices hidden inside parcels at a warehouse in Leipzig.

Polish Prosecutor Katarzyna Calow-Jaszewska said the latest arrests were related to parcels “which spontaneously ignited or detonated during land and air transport” to EU countries and the UK.

She said the group’s goal was allegedly “to test the transfer channel for such parcels, which were ultimately to be sent to the United States of America and Canada”.

She added that four people involved in “sabotage” and “of an international nature were detained”.

On Monday, Counter Terrorism Policing said the arrests reported by Polish authorities were not carried out as part of its investigation.

It coincides with reports by the Wall Street Journal (WSJ) that the devices were “electric massagers implanted with a magnesium-based flammable substance” and “part of a wider Russian plot”.

Russia has denied involvement. A Kremlin spokesperson told the US newspaper the claims were “traditional unsubstantiated insinuations from the media”.

A suspicious fire took hold in July at a DHL warehouse in the UK after a package arrived by air, but further details about the plane and its flight path are unknown.

Last month British police said their investigation was “being led by officers from the Met’s Counter Terrorism Command with support from colleagues from Counter Terrorism Policing West Midlands”.