Roberts struggles to keep Supreme Court out of ethics fight

Published

3 years ago

May 3, 2023

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Chief Justice John Roberts has long aimed to stay above the political fray, but his goal is being put to the test as Democrats vow to intervene in the Supreme Court’s recent ethics controversies.

Roberts’s refusal to appear before the Senate Judiciary Committee on Tuesday left Democrats pulling no punches as they asserted that the justices cannot be trusted to police their own ethics.

Republicans, meanwhile, portrayed the push as an attempt to smear Justice Clarence Thomas and the court’s other conservatives.

Even as the prospect of ethics legislation remains shaky in the divided Congress, the debacle has left Roberts, 68, grappling with how to remain neutral amid the partisan warfare and cratering public confidence in the high court.

Roberts’s absence came with little surprise. He has strived to insulate the court’s image from partisan politics since becoming chief justice in 2005, and Tuesday’s hearing consisted of outraged Democrats, on camera, delving into ProPublica’s investigation into luxury trips Thomas accepted from billionaire and GOP megadonor Harlan Crow.

The chief justice had cited separation of powers concerns in declining Senate Judiciary Committee Chairman Dick Durbin’s (D-Ill.) invitation, calling it an “exceedingly rare” offer.

“I’m more troubled by the suggestion that testifying to this Committee would somehow infringe on the separation of powers or threaten judicial independence,” Durbin said on Tuesday. “In fact, answering legitimate questions from the people’s elected representatives is one of the checks and balances that helps preserve the separation of powers.”

It follows a pattern of the decorum-conscious Roberts attempting to stay out of the partisan fighting on Capitol Hill. Even on ordinary topics, like the court’s budget, Roberts has left it to his colleagues to testify.

“One thing we have to do every year is get money from Congress, just like every other federal entity. And so we send a couple of justices to Congress, explain what we need, and they get it. Now, I knew that there are people on the court who are better at that than I am, so they go. I don’t go,” Roberts told Rensselaer Polytechnic Institute students in 2017.

After the 2010 State of the Union Address, when then-President Obama denounced the Supreme Court’s Citizens United v. FEC ruling on campaign finance with the justices sitting feet away, the mild-mannered Roberts issued an unusual critique.

Speaking to law students weeks later, Roberts questioned why the justices participate in what he said had “degenerated into a political pep rally.” Roberts has attended every address since, while Justice Samuel Alito, who mouthed the words “not true” in an infamous moment after Obama’s snipe, never returned.

“Some people I think have an obligation to criticize what we do, given their office, if they think we’ve done something wrong, so I have no problems with that,” Roberts told the students.

“On the other hand, as you said, there is the issue of the setting, the circumstances and the decorum,” he continued. “The image of having the members of one branch of government standing up literally surrounding the Supreme Court cheering and hollering — while the court, according to the requirements of protocol, has to sit there expressionless — I think is very troubling.”

Years later, Roberts was back in the Capitol at the center of a bitter political battle: presiding over the impeachment trial of then-President Trump.

He emerged unscathed and earned bipartisan praise, but not without some testy moments. As the prospect rose of an even split on the crucial issue of whether to allow witnesses, Roberts announced he would not step in to break a tie.

“I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed,” Roberts told senators.

Roberts has since avoided potentially going through the wringer on Capitol Hill. He declined to preside over Trump’s second impeachment trial, and on Tuesday, he dodged appearing before outraged Democrats. But that didn’t stop them from lambasting Roberts and the high court.

“What Chief Justice Roberts has done in refusing to come before this committee is judicial malpractice. It is a disservice to the courts,” said Sen. Richard Blumenthal (D-Conn.).

Roberts did not return a request for comment through a spokesperson.

Republicans spent much of the hearing condemning what they view as a double standard, portraying the effort as an attempt to derail the conservative-majority court.

They condemned Senate Majority Leader Chuck Schumer’s (D-N.Y.) warning last year that two conservative justices would “pay the price” if they voted against abortion rights, protests outside conservative justices’ homes and the financial dealings of the court’s liberals.

“We’re going to push back as hard as we can and tell the American people the truth about what’s going on. This is not about making the court better. This is about destroying a conservative court. It will not work,” said Sen. Lindsey Graham (R-S.C.), the committee’s ranking member.

Sen. John Kennedy (R-La.) had this take: “Today’s hearing is an excuse to slay more mud at an institution.”

One Republican senator, Lisa Murkowski (Alaska), has joined Democrats’ calls, but the odds for passing any ethics legislation remain slim in the GOP-controlled House.

“It’s very difficult to do anything in a divided Senate, especially when the committee of jurisdiction is equally divided. I think Roberts is using that to his advantage and just taking the easy way out, because he knows there’s no real way to compel anything beyond that,” Gabe Roth, executive director of judicial watchdog group Fix the Court, said in an interview ahead of the hearing.

It wouldn’t be Democrats’ first failed attempt. Roughly a decade ago, Roberts rebuffed their calls to formally adopt the code of conduct in place for lower federal judges. He said the justices leverage it as a starting point, characterizing criticisms that the court is exempt from ethical principles “misconceptions.” Trump will not testify at E. Jean Carroll civil trial Hundreds of Democrats urge appeals court to reverse abortion pill ruling

Roberts added, “In particular, Congress has directed Justices and judges to comply with both financial reporting requirements and limitations on the receipt of gifts and outside earned income. The Court has never addressed whether Congress may impose those requirements on the Supreme Court.”

As the chief justice strives for an insular approach, he faces more than just angry lawmakers. Public confidence has declined sharply in the court, spurred by the court’s recent decision to overturn Roe v. Wade.

An NPR/PBS NewsHour/Marist poll last month recorded that only 37 percent of Americans have a great deal or quite a lot of confidence in the court, the lowest measure recorded since the pollster began asking the question in 2018.

Entertainment

Samantha Morton calls for manslaughter charges over deaths of children in care

Published

2 hours ago

November 12, 2025

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Samantha Morton calls for manslaughter charges over deaths of children in care

Actor and director Samantha Morton has said councils who fail to prevent the deaths of children in care should face manslaughter charges.

Warning: This story contains references to suicide.

In a powerful interview with Sky News, the Oscar-nominated, BAFTA-winning actor and director, who grew up in care, said Britain’s care system needs to be “completely rethought”.

It comes after a Sky News documentary, A Girl Called Nonita, told the story of 18-year-old Nonita Grabovskyte, who died in the care of the state following a catalogue of failures by those responsible for her care.

Nonita took her own life on railway tracks in December 2023, just two weeks after her birthday. She had previously told doctors and social workers that she intended to kill herself as soon as she turned 18. But nothing was done to prevent her death.

“I was a child of the state, just like Nonita,” Morton told Sky News.

“I was put in care at birth until I got the letter to say I was no longer the council’s responsibility. I was kicked out at 16 and put into a homeless hostel.”

After spells of homelessness, she found a local TV actors’ workshop and managed to secure roles that would eventually lead to Hollywood.

But she says she has never forgotten her childhood, which saw her in and out of children’s homes and foster families.

“The lack of care historically is shocking,” she said. “But the lack of care today is worse. Back then, it felt like there was at least some comeuppance.

“The system now is not fit for purpose. It needs root and branch reform. It needs to be completely rethought.”

The data shows a sharp rise in deaths among care leavers – young adults who have aged out of the care system and are expected to live independently, often with little or no support.

The Department for Education only began collecting data for care leavers aged 22 to 25 in 2023, meaning the true scale of deaths over the past decade is likely to be far higher.

Morton says councils should be held more accountable for the deaths of children in their care, especially if local authority failings contributed to deaths.

‘State manslaughter’

“A failure to care has massive consequences,” she told Sky News. “And the consequences are that people like Nonita die. I believe that that is a kind of state manslaughter.

“And individuals who fail to do their job properly should be in a dock.”

Education Secretary Bridget Phillipson has told Sky News that deaths of care-experienced young people should “shame us all”.

All deaths of children in the care of the state must be reported to the government via the Child Safeguarding Incident Notification Scheme.

But there are doubts as to whether all deaths are being reported.

‘Shames us as a country’

Ms Phillipson told Sky News she has asked officials to urgently review the process to check for underreporting.

“I’m concerned about serious incident notifications – about making sure we’re receiving all notifications of such incidents taking place,” she said.

“Because it’s only if we know what’s happening, if we fully understand what’s going on in the lives of children, that we as a government, as a country, can provide the support they need.”

Ms Phillipson added: “It shames us all as a country that we so badly fail many of the most vulnerable children who’ve experienced such appalling trauma and abuse in their early lives.

“I read every single notification personally – and it always stays with you. Every case is a child or young person who deserved better.”

If you have been affected by any of the issues raised in this story, help, and support is available. You can call Samaritans free on 116 123 anytime day or night. You can also email jo@samaritans.org or visit www.samaritans.org to find support online.

Entertainment

Sally Kirkland, famous for her Oscar-nominated roles in The Sting and Anna, dies aged 84

Published

2 hours ago

November 12, 2025

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Sally Kirkland, famous for her Oscar-nominated roles in The Sting and Anna, dies aged 84

Sally Kirkland, a former model and Oscar nominated actress known for her roles in films such as Anna, The Sting and JFK has died aged 84.

Her representative, Michael Greene, said Kirkland died on Tuesday morning at a Palm Springs hospice.

Kirkland had been unwell and struggling to cover medical bills after she fractured six bones last year and developed two life-threatening infections. She had also been diagnosed with dementia.

A GoFundMePage that was set up by her friends to help pay for her ongoing treatment had raised over £45,000 ($60,000).

Her biggest role was in the 1987 film Anna, as a fading Czech movie star remaking her life in the United States and mentoring a younger actor.

Kirkland won a Golden Globe and earned an Oscar nomination alongside Cher in Moonstruck, Glenn Close in Fatal Attraction, Holly Hunter in Broadcast News and Meryl Streep in Ironweed.

Born in New York City, Kirkland was encouraged to start modelling at age five by her mother, who was a fashion editor at Vogue and Life magazines. Kirkland went on to graduate from the American Academy of Dramatic Arts in 1961.

An early breakout for the star was appearing in Andy Warhol’s 13 Most Beautiful Women in 1964.

Some of her earliest roles were playing Shakespeare parts, including Helena in A Midsummer Night’s Dream and Miranda in an off-Broadway production of The Tempest.

She once told the Los Angeles Times: “I don’t think any actor can really call him or herself an actor unless he or she puts in time with Shakespeare.”

Kirkland was also infamous for her nude scenes, often disrobing in films and for social causes. In particular, Kirkland volunteered and advocated for people with AIDS, the homeless and prisoners.

Business

Thousands of NHS staff to be made redundant after funding agreed

Published

2 hours ago

November 12, 2025

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Thousands of job cuts at the NHS will go ahead after the £1bn needed to fund the redundancies was approved by the Treasury.

The government had already announced its intention to slash the headcount across both NHS England and the Department of Health by around 18,000 administrative staff and managers, including on local health boards.

The move is designed to remove “unnecessary bureaucracy” and raise £1bn a year by the end of the parliament to improve services for patients by freeing up more cash for operations.

NHS England, the Department of Health and Social Care, and the Treasury had been in talks over how to pay for the £1bn one-off bill for redundancies.

It is understood the Treasury has not granted additional funding for the departures over and above the NHS’s current cash settlement, but the NHS will be permitted to overspend its budget this year to pay for redundancies, recouping the costs further down the line.

‘Every penny will be spent wisely’

Chancellor Rachel Reeves is set to make further announcements regarding the health service in the budget on 26 November.

And addressing the NHS providers’ annual conference in Manchester today, Mr Streeting is expected to say the government will be “protecting investment in the NHS”.

He will add: “I want to reassure taxpayers that every penny they are being asked to pay will be spent wisely.

“Our investment to offer more services at evenings and weekends, arm staff with modern technology, and improving staff retention is working.

“At the same time, cuts to wasteful spending on things like recruitment agencies saw productivity grow by 2.4% in the most recent figures – we are getting better bang for our buck.”

Mr Streeting’s speech is due to be given just hours after he became entrenched in rumours of a possible coup attempt against Sir Keir Starmer, whose poll ratings have plummeted ahead of what’s set to be a tough budget.

Mr Streeting’s spokesperson was forced to deny he was doing anything other than concentrating on the health service.

He is also expected on Wednesday to give NHS leaders the go-ahead for a 50% cut to headcounts in Integrated Care Boards, which plan health services for specific regions.

They have been tasked with transforming the NHS into a neighbourhood health service – as set down in the government’s long-term plans for the NHS.

Those include abolishing NHS England, which will be brought back into the health department within two years.

Watch Wes Streeting on Mornings With Ridge And Frost from 7am on Sky News.