news.notes20090527a

[Biography of the Day] from [Britannica]

Wednesday, May 27, 2009
Hubert Humphrey
Born this day in 1911, Hubert Humphrey was the 38th U.S. vice president (1965–69), a presidential candidate (1968), and a liberal Senate leader (1949–65; 1971–78) whose political base was a Democrat-Farmer-Labor coalition.

[On This Day] from [Britannica]

Wednesday, May 27, 2009
1703: Founding of St. Petersburg
Founded this day in 1703 by Peter the Great, St. Petersburg has played a vital role in Russian history and is especially known as the scene of the 1917 revolutions and as a fiercely defended city during World War II.

1905: The final conflict of the Russo-Japanese War, the Battle of Tsushima, commenced.


[TODAY'S TOP STORIES] from [The Japan Times]

[NATIONAL NEWS]
Wednesday, May 27, 2009
Japan scrambles for right response

By MASAMI ITO and JUN HONGO
Staff writers

The government Tuesday welcomed the U.N. Security Council's quick opposition to North Korea's nuclear test but continued to scramble for a fresh response to Pyongyang's latest provocation.

Prime Minister Taro Aso and U.S. President Barack Obama agreed during a phone conference in the morning that Pyongyang's nuclear test was "a serious threat to the peace and stability of Northeast Asia and the international community," and that a swift adoption of a U.N. resolution against the reclusive state is necessary.

They also confirmed that Japan, the U.S. and South Korea will cooperate more closely over North Korea and stressed the importance of coordinating with China and Russia.

Chief Cabinet Secretary Takeo Kawamura said the government plans to hold phone conferences with the Chinese and Russian leaders.

He said he had not received word of whether Japan would draft a U.N. resolution but refused to rule out the possibility.

"I have not received a clear report on whether Japan will draft the resolution or not," Kawamura said. "But considering that we asked for a Security Council (meeting), I believe that Japan is fully capable of playing a central role in the discussions."

The government's top spokesman added that Japan would focus on crafting an effective resolution, rather than becoming preoccupied with slapping additional sanctions on the North.

"Discussions must be made on how to make the resolution effective because the fact is North Korea did not follow the presidential statement nor the statement issued by the six-party talks," Kawamura said. "Also, what needs to be discussed is the future of North Korea and how it is going to step into the international community."

Foreign Minister Hirofumi Nakasone reiterated that there "needs to be a strong resolution this time," referring to the nonbinding statement the Security Council settled on after Pyongyang's missile launch in April.

The council has so far acted swiftly and its members share a strong opposition to the nuclear test, Nakasone said, adding they will proceed to discuss measures to be included in the new resolution.

Penalties, including economic sanctions, must be the result of a global effort to be truly effective, Nakasone said.

He spoke by phone with U.S. Secretary of State Hillary Rodham Clinton on Monday night and was reminded of Washington's commitment to the region's security. Clinton reportedly reassured Nakasone that the U.S. is determined to carry out its duties under the bilateral security treaty.


[NATIONAL NEWS]
Wednesday, May 27, 2009
Welfare ministry official arrested over postage discount

OSAKA (Kyodo) Osaka prosecutors arrested a 39-year-old welfare ministry official Tuesday on suspicion of falsifying public documents and using them to abuse the postal system's discount for disabled people.

The arrest of Tsutomu Kamimura, in charge of administration concerning the disabled, adds a new twist to a case that has already spurred a series of arrests in the private sector.

Kamimura allegedly fabricated a ministry document around April 2004 that is required for organizations to get permission to use the postage discount for disabled people.

Hakusan-kai, an organization for the disabled headed by Kunio Kurasawa, 73, tied up with companies such as Osaka-based Shinsei Kigyo to send direct mail from multiple companies, including electronics discount store Best Denki Co., by wrongfully using the postage discount system.

Under Japan Post's discount for the disabled, postage is sharply discounted to around 8 per item instead of the regular 120.

Also arrested Tuesday for alleged conspiracy with Kamimura was former Hakusan-kai member Tadashi Kono, 68, the prosecutors said.

They believe Kurasawa, who is already under arrest, initially tried to get access to the discount system by using the ministry document to seek membership in a nonprofit association dealing with periodicals aimed at disabled people.

But the association declined Hakusan-kai's request.

Hakusan-kai later decided not to join the association and instead submitted another Health, Labor and Welfare Ministry document to Japan Post Service Co. to obtain permission to use the discount system.

This document is also suspected to have been fabricated.

Prior to being questioned by prosecutors, Kamimura said, "I have not met anyone from the organization and I had never even heard of it." He also denied fabricating documents.

The welfare ministry has claimed it has no record of a certificate or any other documents issued for Hakusan-kai to apply for the special discount system.

The prosecutors suspect ministry officials falsified the document because its format closely resembles that of internal documents of the Health, Labor and Welfare Ministry.


[NATIONAL NEWS]
Wednesday, May 27, 2009
As flu fears ease, most Kyoto schools reopen

KYOTO (Kyodo) Most of the kindergartens, elementary schools and junior high schools in Kyoto reopened Tuesday after students were asked to stay home for nearly a week to contain the swine flu outbreak.

The Kyoto prefectural and municipal governments decided to resume classes two days earlier than scheduled because the infection rate of the new H1N1 virus appeared to be slowing.

On Tuesday, kids at 40 schools and kindergartens in the ancient capital resumed classes.

However, a boy in Nakagyoku Ward was confirmed Thursday to have H1N1, while a girl who goes to a vocational school in Shimogyo Ward tested positive Saturday.

Some schools — including the one attended by the infected boy — decided to stay closed until Wednesday.

In Yao, Osaka Prefecture, students resumed classes Tuesday, a day after the rest of the prefecture.

Shiga Prefecture decided to resume classes in and around Otsu on Wednesday.

Two from U.S. positive
Two people from the United States tested positive for swine flu after arriving at Narita airport on a flight from Los Angeles, the health ministry said Tuesday.

The two — a father in his 30s and his son, who is under 10 — were admitted to a hospital in Chiba Prefecture after arriving at 5:39 p.m. Monday on Singapore Airlines Flight 11, the Health, Labor and Welfare Ministry said.

Officials said there were 260 people on the flight.


[BUSINESS NEWS]
Wednesday, May 27, 2009
Nissan, Europcar to sell, lease electric cars

(Kyodo News) Nissan Motor Co. and Europcar Groupe, a European leader in the passenger car and utility vehicle rental business, have agreed to form a partnership to sell and lease electric vehicles starting next year in a bid to promote zero emission mobility worldwide, officials from the two companies said Tuesday.

Nissan will sell electric vehicles to Europcar, which will then lease the cars to its clients, thus serving a broader reach of customers, a Nissan official said. It has yet to be determined whether the vehicles will carry the Nissan brand.

The vehicles will be introduced in various parts of Europe and the Asia-Pacific region, including France, Germany, Spain and Australia, and eventually spread to more countries, the companies said.

Rafael Girona, chief operating officer of Europcar, said the partnership gives customers "the option of exploring a new means of mobility by giving them the unique experience of using an electric vehicle in order to encourage them to become better eco-citizens."

The agreement with Europcar is the latest among Nissan's joint efforts with ally Renault S.A. to promote the use of electric vehicles globally.

Nissan has said it plans to introduce the zero-emission vehicle in Japan, the United States and Europe next year, and that it will begin mass-marketing electric vehicles worldwide in 2012.

news.notes20090527b

[TODAY'S TOP STORIES] from [The Japan Times]

[BUSINESS NEWS]
Wednesday, May 27, 2009
MHI opens in Kiev, Johannesburg

(Kyodo News) Mitsubishi Heavy Industries Ltd. said Tuesday it has set up offices in Kiev and Johannesburg for research and marketing as it anticipates growth in energy- and environment-related businesses.

Mitsubishi Heavy, noting that the government agreed in March to buy 30 million tons of greenhouse gas emission rights from Ukraine, said it expects business in transportation machinery and other machines to expand.

The company said it hopes the Johannesburg office will help it to cash in on business opportunities in such areas as nuclear and other power systems, construction and transportation equipment, and industrial machinery such as machine tools.

The company has had close business ties with South Africa and is participating in a program related to small nuclear power plants.


[BUSINESS NEWS]
Wednesday, May 27, 2009
Rio agrees to 33% iron ore price cut with Nippon Steel

MELBOURNE (Bloomberg) Rio Tinto Group, the world's second-largest iron ore exporter, agreed to a 33 percent cut in contract prices with Japanese steelmakers, the company said Tuesday, making it the first decline in seven years as the global recession slashes demand.

Nippon Steel Corp. agreed to pay Rio 97 cents a dry metric ton unit for its benchmark product in the year started April 1, London-based Rio said. Goldman Sachs had forecast a 40 percent drop from last year's record.

Rio's shares reversed a decline and rival Australian iron-ore exporters surged on optimism the agreement will set a global benchmark for contract prices, which had risen more than fivefold since 1999. Chinese steel mills, the world's biggest producers, are likely to resist the accord after calling for prices to be as much as halved.

"What looks like a pretty good deal might end up being a bit tougher when they come across the Chinese," said Mark Pervan, a senior commodity strategist at Australia & New Zealand Banking Group Ltd. in Melbourne. "Historically you could say this is a done deal, when Rio strikes with Nippon, well everyone follows, but I get a feeling maybe the Chinese have got something else in store."

The price accord is the second highest on record, according to Bloomberg calculations. "The fines settlement is better than most brokers expectations for a 35 to 40 percent fall," Marcus Padley, a broker at Paterson Securities Ltd., wrote in his trading newsletter.

Nippon Steel spokesman Hayato Uchida confirmed an agreement with Rio at the cited prices. JFE Holdings Inc., Japan's second-biggest steelmaker, agreed to the same prices, according to a company spokesman who declined to be named. Kobe Steel Ltd., Japan's fourth-largest producer, also reached an agreement for a 33 percent cut, said spokesman Ryuichi Nakagami.

Sumitomo Metal Industries Ltd., Japan's third-largest steelmaker, reached agreement with Rio on the same conditions, said spokesman Nobuaki Masuda.

Posco, Asia's third-biggest steelmaker, is still in talks with Rio, Choi Doo Jin, a spokesman for the South Korean company, said.


[BUSINESS NEWS]
Wednesday, May 27, 2009
Showa Shell eyes 10% slice of solar panels

(Compiled from Bloomberg, Kyodo) Showa Shell Sekiyu KK aims to secure a 10 percent share of the global solar panel market by the end of 2014, up from less than 1 percent now, the company announced Tuesday.

Showa Shell, a refiner and solar equipment maker, is targeting pretax profit excluding inventory valuations of 100 billion in 2014, according to a five-year business plan released to the Tokyo Stock Exchange. The solar business will earn half that total, the company expects, up from break-even earnings in the year ended December 2008.

Showa Shell posted 45.6 billion in group pretax profit in 2008, with most of the profit coming from the oil business.

The unit of Royal Dutch Shell PLC is diversifying from fuel production as Japan's petroleum demand declines because of a shrinking population and increased energy conservation by households and businesses. Showa Shell has two solar panel factories in Miyazaki Prefecture with combined production capacity of 80 megawatts a year.


[SPORTS]
Wednesday, May 27, 2009
Naito wins unanimous decision to retain title

(Kyodo News) Daisuke Naito won a unanimous decision over Xiong Zhaozhong of China on Tuesday to successfully defend the WBC flyweight title for the fifth time.

With the victory, Naito rewrote his own record for the oldest Japanese boxer to defend a world title at 34 years, 8 months. He improved his record to 35 wins, 22 by way of knockout, two defeats and three draws.

"I want to apologize for a poorly fought match but this was the extent of my ability. I still have a lot to work on," Naito said. "No one is weak in the world rankings. I didn't take my opponent lightly, but I realize how difficult boxing is."

The 10th-ranked Xiong, the first Chinese male to take a crack at a world title, slipped to 12-2-1 (eight KOs). But Xiong had Naito on the ropes at points in the bout and sent the champion to the canvas with a crushing right to the jaw in the sixth at Differ Ariake.

Naito, who never relented despite being cut above both eyes in the slugfest, also matched the late Masao Oba for the number of flyweight title defenses by a Japanese boxer.

The match was originally scheduled to take place the same day in Shanghai but it was switched to Tokyo just three days prior after negotiations between Naito's Miyata gym and its Chinese counterpart broke down.

Elsewhere, Japanese challenger Hiroyuki Hisataka lost a split decision the same day against Thai champion Denkaosan Kaowichit for the WBA flyweight crown in his second attempt at a world title held in Uttaradit, Thailand.

Denkaosan, who captured the title in a stunning second-round knockout of former champion Takefumi Sakata on New Year's Eve, was successful in his first title defense.

Hisataka was hoping to become the first Japanese challenger to win a world title bout overseas since WBA super lightweight champion Akinobu Hiranaka achieved the feat in Mexico in 1992 but instead became the 26th consecutive casualty.

Denkaosan improved to 47-1-1, including 20 knockouts.

"I was able to maintain my stamina up until the sixth round. I got hit with a lot of Hisataka's punches. If he punched harder, I might have been knocked out," Denkaosan said.

Hisataka, who slipped to 17-8-1 (six KOs), kept his distance as he tried to set up Denkaosan with a counterpunch and pushed the tiring Thai champion to the brink.

"He was an easy opponent for me. After hitting him with a big punch and piling on more he would escape in the clinch," Hisataka said. "It's too bad I wasn't able to win this match. I'd like to fight in Japan next."


[BASEBALL]
Wednesday, May 27, 2009
Knee injury sidelines Iwamura for season

CLEVELAND (AP) Tampa Bay Rays second baseman Akinori Iwamura will miss the rest of the season with a torn ligament in his left knee.

The Rays placed the infielder on the 15-day disabled list on Monday.

Manager Joe Maddon expressed sympathy for Iwamura.

"You feel for him," said Maddon, who received a three-year contract extension earlier Monday. "The rehab process is going to be difficult. We're going to miss him. He was probably playing as well as I've seen him overall."

Rays executive vice president of baseball operations Andrew Friedman said on a conference call that Iwamura will have surgery, likely in two or three weeks after swelling in the infielder's knee subsides.

Iwamura was injured trying to turn a double play in the eighth inning Sunday against the Florida Marlins and was carted off the field.

"They need to give it some time to stabilize," Friedman said. "It's a tough loss. Aki brings a lot to the team offensively, defensively and off the field.

Iwamura is in his third season with the Rays. In 44 games this year, he hit .310 (48-for-155) with no home runs, 16 RBIs and eight stolen bases in nine attempts.

With runners at first and second and one out in the eighth inning, Florida's Wes Helms hit a one-hopper to Rays pitcher Dan Wheeler, who threw to second. Iwamura took the throw for a forceout, and was ready to relay to first with his left foot planted when Chris Coghlan slid into him.

Iwamura pounded the grass in pain as teammates gathered around him, but after several minutes he sat up. Several Marlins also gathered around the second baseman, including Coghlan, who told Iwamura he was sorry.

Johjima sidelined
OAKLAND , Calif. (AP) Seattle catcher Kenji Johjima likely will be out for at least two weeks after breaking his left big toe on a play at the plate early in the Mariners' 6-1 loss to Oakland on Monday.

Johjima was hurt when Adam Kennedy slid into his foot while scoring the Athletics' first run in the first inning. Johjima stayed in the game and even homered in the second, but left the game in the third when his toe began to swell.

Postgame X-rays revealed the broken bone. Johjima probably will be out "at least a couple weeks," according to Seattle manager Don Wakamatsu.

Rob Johnson replaced Johjima, who began the day batting .241. The Mariners haven't decided how to replace Johjima on their roster.

news.notes20090527c

[National on Today's Paper] from [Los Angeles Times]

Sotomayor's record sets off few ideological alarm bells

Obama's choice for the Supreme Court is like outgoing Justice Souter in many ways, experts say. She has made some controversial remarks, but observers say she's not particularly liberal.

By David G. Savage and Christi Parsons
May 27, 2009

Reporting from Washington -- In nominating Sonia Sotomayor to the Supreme Court on Tuesday, President Obama tapped a veteran jurist whose humble upbringing and moderate-to-liberal record is unlikely to trigger an ideological battle in the Senate.

Sotomayor, 54, would be the first Latino on the court. Legal experts said that her narrowly written opinions resembled those of the justice she would replace, David H. Souter. She has not ruled squarely on controversial issues such as gay rights or abortion.

Standing with Sotomayor by his side in the East Room of the White House, Obama said, "I have decided to nominate an inspiring woman who I believe will make a great justice."

The president said he had considered many factors in his selection: "First and foremost is a rigorous intellect. . . . Second is a recognition of the limits of the judicial role," noting that "a judge's job is to interpret, not make, law." Obama also said he wanted a nominee with "a sense of compassion, an understanding of how the world works and how ordinary people live."

Sotomayor, who was raised in a Bronx housing project, spoke of the inspiration that her family and the law had provided.

"For as long as I can remember," she said, "I have been inspired by the achievement of our Founding Fathers. They set forth principles that have endured for more than two centuries. . . . It would be a profound privilege for me to play a role in applying those principles to the . . . controversies we face today."

In a statement after the nomination was announced, the abortion rights group NARAL Pro-Choice America said: "We look forward to learning more about Judge Sotomayor's views on the right to privacy and the landmark Roe vs. Wade decision as the Senate's hearing process moves forward."

One of Sotomayor's colleagues on the U.S. 2nd Circuit Court of Appeals in New York said he was surprised that some conservative groups had called Sotomayor a liberal or an activist judge.

"We have some judges on the left end of the spectrum. Sonia's well in the middle," said Judge Guido Calabresi, a former Yale Law School dean. "That's one of the things I have been pointing out to people. . . . Activism has a meaning -- judges who reach out to decide things that aren't before them. Sonia simply doesn't do that."

"She is a moderate liberal who often rules in favor of corporations and against civil rights plaintiffs," said Kevin Russell, a Washington lawyer who has studied her writings in recent weeks.

Though Sotomayor has avoided strong rhetoric in her rulings, she has made several controversial statements.

In 2001, she said her Puerto Rican heritage could cause her to see cases differently. "Whether born from experience or inherent physiological or cultural differences . . . our gender and national origins may and will make a difference in our judging. . . .," she said. "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

But she did not cite examples during the speech at UC Berkeley, and said at one point that she vigilantly checked her "assumptions, presumptions and perspectives" about other people.

She also spoke at a Duke University School of Law forum about how the appeals courts made policy. She quickly added that she did not mean the judges made law, but instead that they set the law for their regional circuits.

Her most controversial decision appears to be a two-paragraph, unsigned opinion last year in a racial bias case.

A three-judge panel that included Sotomayor upheld a lower court order that tossed out a lawsuit by white firefighters in New Haven, Conn., who had good scores on tests used for promotions. The firefighters sued the City Council after it dropped the test upon learning that it indicated that no blacks had qualified for promotions.

"We are not unsympathetic to the [white firefighters'] expression of frustration," the appeals court said. But the city, "in refusing to validate the exams, was simply trying to fulfill its obligations under the [Civil Rights Act] when confronted with test results that had a disproportionate racial impact."

Dissenting judges on the full appeals court accused Sotomayor and her colleagues of ignoring the real issue. They said the white firefighters were denied promotions because of their race, a clear violation of civil rights laws.

The Supreme Court agreed in January to hear the white firefighters' appeal. If the justices overrule Sotomayor's decision, it will be an embarrassment for her before her confirmation hearing. But White House lawyers said it would be hard for her critics to make a major controversy out of an unsigned two-paragraph opinion.

Sotomayor has been overturned by Supreme Court conservatives in several other cases, including an environmental decision handed down by the high court in April.

Disagreeing with the Bush administration, Sotomayor said the law did not permit officials to consider "cost-benefit analysis" when deciding how to protect river fish from power generators. The law itself spoke of using the "best technology" to protect the environment. But the high court disagreed with her in a 6-3 opinion by Justice Antonin Scalia.

In another case three years ago, Sotomayor won the favor of campaign funding reformers by upholding a Vermont law that would have strictly limited spending and contributions in state races. The Supreme Court disagreed by a 6-3 vote and said the strict limits violated candidates' free-speech rights.

In both cases, Souter took the same view as Sotomayor.

At times, Sotomayor's rulings have won approval from conservatives on the high court.

Ten years ago, she wrote an opinion holding that drug evidence could be used against a man who was stopped based on a warrant that should have been removed from a police computer. Earlier this year, the Supreme Court adopted the same view in a 5-4 decision written by Chief Justice John G. Roberts Jr.

And in a case that may have demonstrated to Obama some of the capacity for empathy he said he wanted in a judge, Sotomayor dissented Friday when the 2nd Circuit Court threw out a suit brought by county jail inmates who were strip-searched after being arrested on misdemeanor charges. She called the searches needlessly humiliating and unconstitutional.

White House spokesman Robert Gibbs said the president hoped that Sotomayor -- who if she follows a moderate-to-liberal course is not likely to shift the court's ideological balance -- would be confirmed by the Senate by September.

Washington lawyer Thomas Goldstein, who appears regularly before the high court, predicted that Sotomayor would not be the outspoken liberal some on the left had hoped for.

"On the modern court, she's on the center left, pretty much right in line with Justice Souter," he said, based on an analysis of her opinions. "Back in the day of the Warren court, she certainly would have been regarded as a moderate."

news.notes20090527d

[Politics on Today's Paper] from [The New York Times]

Obama Hails Judge as ‘Inspiring’

By PETER BAKER and JEFF ZELENY
Published: May 26, 2009

WASHINGTON — President Obama announced Tuesday that he would nominate Sonia Sotomayor, a federal appeals judge in New York, to the Supreme Court, choosing a daughter of Puerto Rican parents who was raised in a Bronx public housing project to become the nation’s first Hispanic justice.

In making his first pick for the court, Mr. Obama emphasized Judge Sotomayor’s “extraordinary journey” from modest beginnings to the Ivy League and now the pinnacle of the judicial system. Casting her as the embodiment of the American dream, he touched off a confirmation battle that he hopes to wage over biography more than ideology.

Judge Sotomayor’s past comments about how her sex and ethnicity shaped her decisions, and the role of appeals courts in making policy, generated instant conservative complaints that she is a judicial activist. Senate Republicans vowed to scrutinize her record. But with Democrats in reach of the 60 votes needed to break a filibuster, the White House appeared eager to dare Republicans to stand against a history-making nomination at a time when both parties are courting the growing Hispanic vote.

“When Sonia Sotomayor ascends those marble steps to assume her seat on the highest court of the land,” Mr. Obama said as he introduced her in the East Room of the White House, “America will have taken another important step towards realizing the ideal that is etched above its entrance: Equal justice under the law.”

Ms. Sotomayor, 54, a graduate of Princeton and Yale who served as a prosecutor, corporate litigator and federal district judge before joining the United States Court of Appeals for the Second Circuit, in New York, a decade ago, would become the nation’s 111th justice.

She would be the third woman to hold a seat on the court and the sixth person on the current nine-member panel with a Roman Catholic background.

If confirmed to succeed Justice David H. Souter, a mainstay of the liberal wing who is retiring, Judge Sotomayor would probably not change the court’s broad philosophical balance. But her views on same-sex marriage, gun rights, financial and environmental regulation, executive power and other polarizing issues could help shape judicial rulings for years, if not decades, to come.

At the heart of the fight over her nomination will be a debate over the role that a judge’s experience should play in rendering decisions. Although Mr. Obama said on Tuesday that “a judge’s job is to interpret, not make law,” his emphasis on a nominee with “empathy” has generated criticism from Republicans, who saw that as code for legislating personal views from the bench.

Judge Sotomayor has said that “our experiences as women and people of color affect our decisions.” In a lecture in 2001 on the role her background played in her jurisprudence, she said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

She also said at a conference in 2005 that a “court of appeals is where policy is made,” a statement she seemed to understand at the time would be controversial, because she added, “I know this is on tape and I should never say that, because we don’t make law.” The White House said she meant that appeals courts play a greater role in interpreting laws than district courts, but Republicans pointed to the comment as another sign that she would try to impose her values in rendering decisions.

“Judge Sotomayor is a liberal activist of the first order who thinks her own personal political agenda is more important than the law as written,” said Wendy E. Long, counsel to the Judicial Confirmation Network, a conservative group. “She thinks that judges should dictate policy and that one’s sex, race and ethnicity ought to affect the decisions one renders from the bench.”

Other conservatives said they would focus on her ruling in a New Haven affirmative action case or on how she might rule on same-sex marriage. “Abortion is in some sense a stale issue that has been fought over many times, but gay marriage is very much up for grabs,” said Curt Levey, executive director of the Committee for Justice, a legal group. “Gay marriage will be bigger than abortion.”

As she was nominated on Tuesday, Judge Sotomayor did not retreat from her view that judges ought to look at the impact of their rulings. “I strive never to forget the real-world consequences of my decisions on individuals, businesses and government,” she said.

While conservative groups took aim, Republican senators responded more cautiously, weighing how aggressively they want to fight her confirmation. Twenty-nine Senate Republicans voted against her confirmation to the appellate bench in 1998, including Mitch McConnell of Kentucky, now the party’s Senate leader, while 25 voted for her. Of those still in the Senate, 11 voted against her and 9 for her.

Mr. McConnell said on Tuesday that the Senate would not be a “rubber stamp” and promised that Republicans would “examine her record to ensure she understands that the role of a jurist in our democracy is to apply the law even-handedly, despite their own feelings or personal or political preferences.”

Senator Jeff Sessions of Alabama, the ranking Republican on the Judiciary Committee, told Fox News that he was “uneasy with” Judge Sotomayor’s approach and expressed concern that if Mr. Obama appointed two or three more justices like her it would shape the court “in a way that would be different from our heritage so far.”

Rather than recruiting an elder statesman to lead the confirmation effort, as past presidents have, Mr. Obama has decided to enlist Senator Charles E. Schumer, Democrat of New York. The White House worked quickly to build support by organizing conference calls and sending tailored information to potential allies.

The Rev. Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference, an evangelical group courted by Democrats and Republicans, said the administration sent him information emphasizing evidence of moderation in Judge Sotomayor’s record, including a ruling against an abortion-rights group.

In that 2002 case, Judge Sotomayor ruled that the group did not have grounds to try to overturn the Bush administration’s ban on aid to overseas family planning organizations that performed or promoted abortions.

“She went against the abortion lobby,” Mr. Rodriguez said. “The spin was that Obama did not reach into the far left, and that is great for me and it is great for my constituents.”

Mr. Obama selected Judge Sotomayor from a field dominated by women as he sought to add a second female justice to the court. Advisers culled through writings of 40 candidates before narrowing the list to nine who were actually contacted, officials said. From there, Mr. Obama chose four finalists, who were spirited into the White House to meet with him secretly last week.

The president conducted one-on-one interviews with Diane P. Wood, a federal appeals judge, and Elena Kagan, his solicitor general, last Tuesday, and then Judge Sotomayor and Janet Napolitano, the homeland security secretary, two days later. Each session in the Oval Office lasted an hour, officials said. Vice President Joseph R. Biden Jr. also interviewed the four, and his chief of staff, Ronald A. Klain, and counsel, Cynthia Hogan, ran the selection process.

To dispense with any health concerns about Judge Sotomayor, officials said the White House contacted her doctor and independent experts to determine whether diabetes, which she learned she had at 8 years old, might be problematic and concluded it would not. The Obama team also interviewed colleagues on the Second Circuit to check out reports that she was difficult to get along with, and was reassured it was not true.

Judge Sotomayor was the only finalist Mr. Obama had never met before last week. She spent seven hours in the White House last Thursday, and by Friday the president told advisers he was leaning toward her but wanted to think about it over the weekend, officials said.

At 8 p.m. Monday, he told aides he had made his decision, and at 9 p.m. he called Judge Sotomayor from the White House residence. He then called the runners-up. Judge Sotomayor was rushed to Washington that night, driven by a friend in time to attend Tuesday’s announcement.

Her mother, Celina Sotomayor, who moved to New York from Puerto Rico during World War II, wiped away tears as the president announced the nomination.

Judge Sotomayor recalled visiting the White House when President Bill Clinton nominated her for the appeals court. “It was an overwhelming experience for a kid from the South Bronx,” she said. “Never in my wildest childhood imaginings did I ever envision that moment, let alone did I ever dream that I would live this moment.”

news.notes20090527e

[Supreme Court on Today's Paper] fom [The Washington Post]

First Latina Picked for Supreme Court; GOP Faces Delicate Task in Opposition
By Shailagh Murray and Michael D. Shear
Washington Post Staff Writers
Wednesday, May 27, 2009

President Obama nominated federal judge Sonia Sotomayor to the Supreme Court yesterday, putting her in line to become the nation's first Hispanic justice and creating a difficult political equation for Republicans as they weigh how aggressively to fight her appointment.

An all-out assault on Sotomayor by Republicans could alienate both Latino and women voters, deepening the GOP's problems after consecutive electoral setbacks. But sidestepping a court battle could be deflating to the party's base and hurt efforts to rally conservatives going forward.

In introducing Sotomayor at the White House yesterday morning, Obama hailed the 54-year-old appeals court judge as an accomplished and "inspiring" individual with a compelling life story. She would replace Justice David H. Souter, who was appointed by President George H.W. Bush but became a reliable member of the court's liberal wing.

Senate Republicans responded with restraint to the announcement yesterday, and their largely muted statements stood in sharp contrast to the fractious partisanship that has defined court battles in recent decades. Leading conservatives outside the Senate, however, did not hold back, targeting a pair of speeches in which Sotomayor said appellate courts are where "policy is made" and another in which she said a Latina would often "reach a better conclusion than a white male who hasn't lived that life."

Critics also targeted her support for affirmative action, with Rush Limbaugh calling her a "reverse racist" in his syndicated radio program, citing a case in which she ruled against a group of white firefighters who claimed discrimination in hiring practices.

White House officials argued that the comments in the speeches were taken out of context, and they said that the firefighters case was an example of Sotomayor accepting established precedent, something they said conservatives should applaud. Senate Democrats, meanwhile, who are on the verge of controlling a filibuster-proof 60-vote majority in the Senate, warned Republicans of the dangers of pushing too hard against Obama's first court pick.

Strong Words

"They oppose her at their peril," Sen. Charles E. Schumer (D-N.Y.) said of his GOP colleagues and conservative activists who are leading the court fight. "I think this process is going to be more a test of the Republican Party than of Sonia Sotomayor."

Conservative interest groups have been warily preparing for the prospect of Sotomayor's nomination since word of Souter's retirement first circulated last month, viewing her as among the most liberal contenders for the appointment. But some Senate GOP officials privately conceded that, barring a major stumble, the judge will probably be confirmed with relative ease.

"You don't have to be a rocket scientist to figure out that we need to tread very carefully," said John Weaver, a Republican political consultant who advised Sen. John McCain (R-Ariz.) for years. "The only way we'll find ourselves in a political predicament is if we don't treat her with the same respect that other nominees received."

"If she answers questions in a crazy way, then that's one thing," said one senior Republican aide who participated in strategy discussions. "But the immediate reaction is not to just try and bring her down."

Sen. Jeff Sessions (Ala.), the ranking Republican on the Judiciary Committee, did not comment on Sotomayor's qualifications for the nation's highest court yesterday but indicated that he was not inclined to rush the confirmation process.

"We must remember that a Supreme Court justice sits for a lifetime appointment, and the Senate hearing is the only opportunity for the American people to engage in the nomination process," Sessions said in a statement. "Adequate preparation will take time."

Obama's Plan

Senior White House officials said the key to what they hope will be a 72-day campaign to confirm Sotomayor by Aug. 7, the start of the Senate's month-long recess, is to ensure that they retain control over the story line of the judge's life and career. A senior White House official said the administration had mapped out four distinct phases of what officials hope will be the path to an easy confirmation: the first 24 to 72 hours of the rollout; the period between the rollout and the start of Sotomayor's Judiciary Committee hearing; the hearing process itself; and the period between the hearing and the Senate floor vote.

"We have to keep control of the narrative, to make sure that her story doesn't get told by someone else," the senior aide said, speaking on the condition of anonymity to discuss strategy. Within hours of the announcement, White House officials and Senate Democrats circulated favorable quotes about Sotomayor from Republicans, including former senator Alphonse D'Amato of New York, who supported her 1992 appointment to the federal bench by President George H.W. Bush.

Schumer, who is Sotomayor's senior home-state senator, will take the lead in introducing her to his colleagues, officials said. One Democratic aide who is helping to manage the nomination said that to minimize potential missteps, Sotomayor will pay courtesy visits to Judiciary members "and then disappear" until the confirmation hearings begin.

On Record

Senate Democratic aides said one factor working in Sotomayor's favor is her long public record as a federal judge. The confirmation of Chief Justice John G. Roberts Jr., for instance, was slowed while the committee sought to extract records from the nominee's executive branch service from the Reagan presidential library. But no such obstacles appear to threaten information gathering on Sotomayor, aides said.

White House officials were scrambling to prepare materials to transmit to the Judiciary Committee yesterday. The nominee will submit an extensive committee questionnaire in the coming days, and a law enforcement background check is already underway, as is an effort to gather all of her judicial opinions. But if Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) and Sessions fail to reach agreement on a time frame for moving forward, and Republicans elect to exercise their right to procedural delays, the confirmation process could easily spill into September, giving Sotomayor's opponents four additional weeks to attempt to derail her nomination.

Sotomayor is no stranger to confirmation politics. In 1997, President Bill Clinton nominated the federal district judge to a vacancy on the U.S. Court of Appeals for the 2nd Circuit. The Judiciary Committee held her nomination hearing in September 1997 but took six months to approve her on a 16 to 2 vote, in March 1998. She was finally confirmed on Oct. 2, 1998, after facing extensive questioning about her position on federal sentencing guidelines.

The effort to confirm Sotomayor will be led inside the White House by Cynthia Hogan, the chief counsel to Vice President Biden. White House officials described her as a veteran of the process and said Biden, a former Judiciary Committee chairman, and his chief of staff, Ron Klain, will also play key roles.

Republican aides have already noted the warm response to Sotomayor's nomination from a key group of centrist Democrats and Republicans who could make or break their chances at waging a filibuster. Sen. Olympia J. Snowe (R-Maine) noted that White House Chief of Staff Rahm Emanuel called her before the announcement to inform her about the pick. And White House aides highlighted a conciliatory statement from Sen. Susan Collins (R-Maine).

"Judge Sotomayor has a compelling life story and a long record of judicial service that will require careful consideration for this most important appointment," Collins said. "I look forward to a timely confirmation process that is fair, thorough, and conducted with civility."

news.notes20090527f

[UK News] from [The Guardian]

MI5 faces fresh torture allegations
Ex-civil servant to sue home secretary over alleged complicity in beatings

Ian Cobain
guardian.co.uk, Tuesday 26 May 2009 21.36 BST
Article history

The home secretary Jacqui Smith faces legal action over allegations that MI5 agents colluded in the torture of a British former civil servant by Bangladeshi intelligence officers.

Lawyers for the British man, Jamil Rahman, are to file a damages claim alleging that Smith was complicit in assault, unlawful arrest, false imprisonment and breaches of human rights legislation over his alleged ill-treatment while detained in Bangladesh.

The claims bring to three the number of countries in which British intelligence agents have been accused of colluding in the torture of UK nationals. Rahman says that he was the victim of repeated beatings over a period of more than two years at the hands of Bangladeshi intelligence officers, and he claims that a pair of MI5 officers were blatantly involved in his ordeal.

The two men would leave the room where he was being interrogated whenever he refused to answer their questions, he says, and he would be severely beaten. They would then return to the room to resume the interrogation.

On occasion, he adds, his wife would be held in a nearby cell, and his torturers would threaten to rape her if he did not cooperate. Rahman's lawyers say that there is a wealth of evidence to support his allegations, including eyewitness testimony and medical evidence. Rahman was also able to provide his lawyers with the number of a mobile telephone that he says was used by one of the MI5 officers and a number for MI5 in London.

Rahman remains deeply traumatised, and is receiving treatment for post-traumatic stress disorder. His lawyer, Imran Khan, wrote to Smith last week putting her on notice of the intention to start proceedings. Smith and MI5 declined to comment; the Home Office said it would respond to Khan in due course.

Rahman's allegations follow recent claims of British collusion in the torture of a British citizen in Egypt, and growing evidence that MI5 officers have aided and abetted in the torture of several people in Pakistan.

Two high court judges say they have seen what they describe as "powerful evidence" of the torture by Pakistani agents of Binyam Mohamed, a British resident who was questioned by MI5 after being beaten and deprived of sleep, and was later "rendered" to Morocco for even more brutal torture.

In another case, MI5 and Greater Manchester Police drew up a list of questions for officers of a notorious intelligence agency to put to Rangzieb Ahmed while he was illegally detained in Pakistan.

Several other men have come forward to say they have been questioned by British intelligence officers after being tortured by Pakistani agents. Not all have gone on to be charged or convicted of terrorism: some have been innocent people who were released without charge.

The alleged complicity of the MI5 officers who failed to report or do anything to prevent torture appears to be in line with a secret government-approved interrogation policy at the time. Gordon Brown has ordered a review of the policy, but there have been numerous calls for an independent inquiry into the affair.

Among those demanding an inquiry are opposition leaders David Cameron and Nick Clegg; Ken Macdonald, the former director of public prosecutions; Lord Carlile of Berriew, the government's independent reviewer of counter-terrorism legislation; Lord Howe, foreign secretary in the Thatcher government, and Lord Guthrie, former chief of defence staff.

Rahman, 31, settled in Bangladesh in 2005 after marrying a woman he met while travelling in the country.

He returned to the UK last year and embarked upon legal action once his wife and child were able to join him earlier this month.

Rahman has not been questioned by police since his return, no attempt has been made to arrest him and he has not been subjected to a control order.


[World News] from [The Guardian]

Swine flu outbreak at Birmingham school infects 44
Welford school, hit by biggest outbreak in UK, will undergo 'deep clean' during half-term holiday

Polly Curtis and Helen Pidd
guardian.co.uk, Tuesday 26 May 2009 17.49 BST
Article history

An outbreak of swine flu at a Birmingham primary school led to 44 new cases of the virus being confirmed yesterday, the largest number in a single day since the spread began.

Pupils at Welford primary in Handsworth, Birmingham, began feeling ill last week when three cases were initially diagnosed. Yesterday, lab results confirmed a further 44 infections at the school. They included 41 children and three adults. Three more people from the east of England and London were also diagnosed, taking the total in the UK so far to 184, the Department of Health said.

The Health Protection Agency (HPA) insisted that high rates of infection were to be expected in school environments where children come into close contact with one another. The school is closed this week for half term and expected to open for all pupils who are feeling well next week.

Before the holidays began, the headteacher informed the HPA there had been an unusually high number of absences owing to illness. At least 100 children had been off sick, according to local reports. As a result of the first confirmed case, all parents and staff were told either to attend the school over the weekend to collect antiviral medication or to receive medical attention at home.

A joint statement issued by the school and the HPA, posted on the school's website, says that it is undergoing a "deep clean" of the premises during the holiday before it reopens. The headteacher, Chris Smith, was unavailable for comment yesterday.

The HPA said that all confirmed cases are being treated at home with antivirals and are responding well to treatment. HPA officers contacted every parent of children in the school as well as teachers to find out if they have symptoms.

A spokeswoman for the HPA said that they had not yet identified the source of the outbreak. "The initial case is still under investigation. The vast majority of cases have been in people recently returning from an infected country or who have been in close contact with someone who has just returned. This is one of a very small number of cases where there isn't that history," she said.

The school recently featured in a BBC2 documentary called The Primary, about building a multicultural school community with children of 17 different nationalities. The school has 420 pupils and 60 in its nursery unit.

Almost 50 countries have now confirmed cases of swine flu and about 13,000 people around the world have been diagnosed with the virus. The death toll from the virus in Mexico stands at 83, while 12 people have died in the United States and two have died in Canada.

Of four cases confirmed on Monday in the UK, one was yesterday revealed to be a two-year-old boy from Oxford.

A DoH spokesman said: "The localised cases of swine flu found in the UK have so far been mild, and we have not seen evidence of widespread community transmission. Our strategy of containing the spread with anti-virals appears to have been effective in reducing symptoms and preventing further spread of infection.

"But we must not be complacent – it is right to prepare for the possibility of a global pandemic. The UK's arrangements are continuing, to ensure that we are well-placed to deal with this new infection.

news.notes20090527g

[Today's Paper] from [Slate Magazine]

Sotomayor Presents a Quandary to GOP

By Daniel Politi
Posted Wednesday, May 27, 2009, at 6:55 AM ET

The New York Times　(NYT) and Los Angeles Times (LAT) banner, while everyone else leads with, President Obama's nomination of Sonia Sotomayor to the Supreme Court. The LAT easily wins the headline-of-the-day award by connecting Sotomayor's nomination to the day's other big news—California's Supreme Court upholding the ban on marriage for same-sex couples—with the banner headline: "A Latina in the Middle." By nominating the 54-year-old New Yorker, Obama is "aiming to make good on his promise to bring 'empathy' to the court by naming a liberal with a compelling life story who would be its first Hispanic justice," notes the Wall Street Journal (WSJ). Obama made a point of emphasizing Sotomayor's "extraordinary journey" from a Bronx housing project to the Second Circuit Court of Appeals in New York. "I have decided to nominate an inspiring woman who I believe will make a great justice," Obama said. The LAT points out that while she hasn't issued any significant rulings on hot-button issues like gay rights and abortion, "her narrowly written opinions resembled those of the justice she would replace, David H. Souter."

Obama's nomination, "paves the way for a heated summer debate on the role her gender, Hispanic roots and working-class Bronx background should play in her rulings," notes USA Today (USAT). But how much of a debate will there actually be? No one expects too many fireworks. The NYT says the "White House appeared eager to dare Republicans to stand against a history-making nomination." Indeed, Republicans seem to still be trying to decide how much they'll push back against Sotomayor, knowing full well that an "all-out assault … could alienate both Latino and women voters" while at the same time "sidestepping a court battle could be deflating to the party's base and hurt efforts to rally conservatives going forward," points out the Washington Post (WP).

Sotomayor, who would be the third woman on the country's highest court and the nation's 111th justice undoubtedly has an impressive resumé. She is a graduate of Princeton and Yale, and went on to serve as a prosecutor and then became a partner at a New York law firm before she was nominated by George H.W. Bush in 1992 to become a judge. Besides her professional experience though it undeniable that her "up-by-the-bootstraps tale, an only-in-America story that in many ways mirrors Mr. Obama's own," is one of the reasons why she was selected, notes the NYT in a separate front-page piece.

While Republicans in the Senate mostly stayed silent while vowing to closely examine her record, conservatives were ready with some attack lines, tagging her as a judicial activist. Conservatives focused on a speech where Sotomayor said a "court of appeals is where policy is made" and another where she said that "our gender and national origins may and will make a difference in our judging. … I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." In a front-page look at Sotomayor's story, the Post says that her life has "been heavily sculpted, if not fully defined, by her ethnicity."

Conservatives also focused on her support for affirmative action, particularly what appears to be her most controversial ruling in which she ruled against a group of white firefighters who said they were discriminated against. Sotomayor was part of a three-judge panel that issued a two-paragraph, unsigned opinion dismissing a lawsuit by the Connecticut firefighters who sued after they received good scores on tests that were supposed to be used to decide promotions but were later thrown out after no blacks qualified. The Supreme Court agreed to hear the case, and if the justices decide to overrule the decision it could an embarrassment before confirmation hearings. But the White House pushed back, saying that the unsigned decision was an example of Sotomayor following precedent, and, besides, officials seem confident that it would be difficult for opponents to turn two paragraphs into a major controversy.

Rush Limbaugh called her a "reverse racist," but her nomination "brought a surprisingly muted response from the Republican senators who will actually vote on it," notes the LAT. "The senators seemed to be taking their cues from quieter voices within the party who cautioned that opposing the country's first Latino Supreme Court nominee would amount to political suicide."

Some legal experts, including one of her colleagues, were quick to say that Sotomayor can best be described as a moderate liberal. "On the modern court, she's on the center left, pretty much right in line with Justice Souter," one lawyer who frequently argues in front of the Supreme Court tells the LAT. "Back in the day of the Warren court, she certainly would have been regarded as a moderate."

For those interested in the process, the NYT reports that Sotomayor spent seven hours at the White House last Thursday. By Friday, Obama said he was leaning toward selecting her but said he would take the weekend to think about it. The Post has the most detail about the White House plan for what "they hope will be a 72-day campaign to confirm Sotomayor by Aug. 7," when the Senate will go on a month-long recess. "We have to keep control of the narrative, to make sure that her story doesn't get told by someone else," one senior official said. The plan is to have Sen. Chuck Schumer introduce her to his colleagues and she will "then disappear" until confirmation hearings begin.

In a front-page analysis, the NYT's Adam Liptak says Sotomayor's "opinions are marked by diligence, depth and unflashy competence." Her decisions "are usually models of modern judicial craftsmanship" but "they reveal no larger vision, seldom appeal to history and consistently avoid quotable language." The WP says that on controversial issues, "Sotomayor has been difficult to categorize ideologically, with some rulings that have pleased conservatives and others liberals." Liptak adds that her penchant for "technical, incremental and exhaustive" decisions "makes her remarkably cursory treatment" of the firefighters case—Ricci v. DeStefano— "so baffling." This is why that one case will probably attract more attention than any other during confirmation hearings. Slate's Emily Bazelon writes that "Sotomayor punted when Ricci came before her, to such a degree that she raised more questions than she answered." (See here for Slate's complete coverage on Sotomayor.)

The NYT talks to some conservatives who say the big issue will be how she might rule on a same-sex marriage case. "Abortion is in some sense a stale issue that has been fought over many times, but gay marriage is very much up for grabs," said the executive director of the Committee for Justice. "Gay marriage will be bigger than abortion."

Same-sex marriage was certainly the topic of the day in California, where, as was widely expected, the state's Supreme Court upheld the ban on same-sex marriage that voters approved when they backed Proposition 8. At the same time, the court ruled that the marriages of approximately 18,000 same-sex couples who got married before the November election are still valid. The justices also emphasized that same-sex couples would continue to have the right to enter into ""committed, officially recognized and protected family relationships" recognized under the state's domestic partnership law. The LAT points out that certain parts of the ruling "read as a lament over the ease with which the California Constitution can be amended."

Within a few hours of the California Supreme Court decision, activists on both sides of the issue were already staking out their battle plans for their next fight, notes the LAT. As upset as gay rights activists may have been, the decision was largely expected so they wasted no time in urging supporters to donate money and time in anticipation of the next ballot measure that could come as early as 2010. Supporters of the ban were obviously pleased by the decision but emphasized that this is no time to rest on their laurels. It would be "foolish to think this will be the end of the battle," a pastor tells the LAT.

In an overview of the state of same-sex marriage in the country, the WP points out that, as of now, five states allow them, and four of them are in New England. The three other states that look set to approve it in the near future are in the Northeast, "making same-sex marriage appear increasingly to be a regional phenomenon rather than a national trend."

CONTINUED ON news.notes20090527h

news.notes20090527h

[Today's Paper] from [Slate Magazine]

Sotomayor Presents a Quandary to GOP

By Daniel Politi
Posted Wednesday, May 27, 2009, at 6:55 AM ET

CONTINUED FROM news.notes20090527g

The LAT, NYT, and WP front the other big news of the day as they all hear word that General Motors and the United Auto Workers have agreed to a new restructuring plan that would give the union a smaller stake in the company and leave the government owning as much as 70 percent of the automaker. It was previously thought that the government would get a 50 percent stake in the company. So now the much-repeated quip, which the NYT mentions today, that GM will now stand for Government Motors may be more appropriate than ever, although everyone is careful to mention the numbers could still change before GM files for bankruptcy, which is widely expected to happen Monday. The WP points out that once you add the stakes that Canada would get in the company, nearly three-quarters of the new GM could end up being government-owned.

The new bankruptcy reorganization proposal would have the United States lending the automaker around $30 billion more, which would be in addition to the $19.4 billion it has already spent. The NY points out that some estimate that "tens of billions beyond that amount may be required." The WSJ specifies that the plan would have the government paying off GM's secured lenders in full to the tune of around $6 billion. Out of concern for GM's future, the union sought to lower its stakes in the company down to 17.5 percent, in exchange for some concessions. As the NYT emphasizes, the idea that GM will effectively be a government company raises lots of questions since numerous "policy decisions—on matters such as fuel economy standards, tax incentives to replace aging cars and green technology initiatives—will present conflicting interests.

In the NYT's op-ed page, the paper's former Supreme Court correspondent, Linda Greenhouse, writes that many people ignore how the highest court in the land "is a dynamic institution whose component parts are always, although not always visibly, in motion." Even if Sotomayor holds similar views to that of Souter, the truth is that every time someone enters Washington's most exclusive clique, it makes a difference. "Will it be a difference that is discernible in the outcomes of cases? That may not be clear immediately." But she could eventually help some of her colleagues, particularly Justice Anthony Kenedy, see things through her eyes. Coming after a few years when it seemed the Court was "headed in the opposite direction from the country" Sotomayor's arrival "will, at the least, change the way the world sees the Supreme Court."