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Amy Coney Barrett Sides With Liberal Justice During Supreme Court Hearing

Amy Coney Barrett Sides With Liberal Justice During Supreme Court Hearing

Newsweek22-04-2025

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Supreme Court Justice Amy Coney Barrett appeared to side with her liberal colleagues while hearing arguments in a case that will determine the future of no-cost preventive care under the Affordable Care Act.
Why It Matters
The case, Kennedy V. Braidwood challenges the legal authority of the U.S. Preventive Services Task Force (PSTF), created by the Affordable Care Act, known as Obamacare. The task force recommends services insurers must cover at no-cost measures including cancer screenings and HIV prevention drugs like PrEP. But the conservative Christian employers in Texas who brought the case, argue that the 16 members of the task force, who are appointed by the HHS secretary, are unconstitutionally appointed.
The case will be consequential for the future of American health care. If the justices uphold a New Orleans-based fifth U.S. Circuit Court of Appeals ruling in 2024, treatments that are now cost-free may become subject to payments.
Supreme Court nominee Amy Coney Barrett testifies during the third day of her confirmation hearings before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 14, 2020.
Supreme Court nominee Amy Coney Barrett testifies during the third day of her confirmation hearings before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 14, 2020.
Andrew Caballero-Reynolds/Pool via AP
Coney Barrett, who was nominated by Trump in 2020, has emerged as a centrist judge in Supreme Court cases and has been criticized by Trump supporters for voting against her conservative colleagues in the past.
What To Know
The Court's three liberal members, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson have all appeared to side with the task force while conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch appeared sympathetic to the challengers, with Thomas suggesting Congress had never designated authority to run the task force.
Conservative lawyer Jonathan Miller, who is representing the plaintiffs, argued that PSTF members are meant to be independent from political pressure. He said they could not simultaneously retain independence while being subject to supervision by the health secretary.
But Coney Barrett said Mitchell's interpretation of the word "independent" was "maximalist" and pointed to the doctrine of "constitutional avoidance" which argues that if a statute is open to interpretation, the Court should pick an interpretation that raises the least constitutional problems—i.e. the Court should not interpret the word "independent" in a way that renders the PSTF unconstitutional.
It is the latest in a string of decisions and comments by Coney Barrett which put her on a different path to her more conservative colleagues. In March, she expressed concerns about reviving the non delegation doctrine, as suggested by conservative judge Clarence Thomas. This doctrine, which hasn't been used since the 1930s, puts a cap on the amount of money federal agencies and other nonelected officials can raise through tax dollars. Coney Barrett said it would be ineffective and could weaken the power of government agencies.
In April, Coney Barrett joined liberals as the sole conservative in opposing the Court's majority decision to allow the administration to continue deporting alleged gang members under the Alien Enemies Act of 1798.
What People Are Saying
Matthew Mangino, a former district attorney in Lawrence County, Pennsylvania told Newsweek: "It may be a bit premature to suggest that Justice Amy Coney Barrett will vote against an attack on the Affordable Care Act, although her questions during oral argument seemed to imply her disagreement with former Trump lawyer Jonathan Mitchell's argument.
"Coney Barrett has shown her independence. She has voted against Trump on key issues including his hush money sentencing, presidential immunity and cancellations of USAID contracts. As a result, she is already experiencing the wrath of the MAGA movement."
Arthur Caplan, head of the Division of Medical Ethics at NYU Langone Medical Center, told NBC News: "This is a really crucial case. The price will be paid in dead bodies if the court rules against it."
Daniel Grabowski, a lawyer with Alliance Defending Freedom, a conservative legal advocacy group supporting the plaintiffs told ABC News: "Americans have the constitutionally protected freedom to live and work according to their religious beliefs, and governments exist to defend that freedom. We urge the Supreme Court to restore this accountability within the federal government and to the American people."
Wayne Turner, a senior attorney at the National Health Law Program, a nonprofit group that advocates for low-income communities told ABC News: "The ACA's preventive services requirement has been a game changer, providing access to evidence-based preventive care and early detection of serious medical conditions. The ACA's coverage and cost-sharing protections are especially important for low-income persons, who will be harmed most if the Supreme Court refuses to allow the ACA provision to stand."
What Happens Next
A decision in the case is expected by the end of June.

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CNET's Tariff Price Tracker: What I've Found Watching 11 Key Products for Changes
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time25 minutes ago

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CNET's Tariff Price Tracker: What I've Found Watching 11 Key Products for Changes

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Trump travel ban hits immigrant family coming to U.S. amid bloody civil war in Myanmar
Trump travel ban hits immigrant family coming to U.S. amid bloody civil war in Myanmar

Yahoo

time41 minutes ago

  • Yahoo

Trump travel ban hits immigrant family coming to U.S. amid bloody civil war in Myanmar

A Burmese American woman was eager to bring her siblings over to the U.S. from Myanmar amid a more than 15-year wait for visas. She'd been hoping to reunite with them since the 1990s, during military rule in her home country, so her brother's family could start a life in the U.S. But a day after she bought the plane tickets, President Donald Trump ordered a travel ban that included Myanmar. The woman, 51, and her husband, who were granted anonymity due to fear of retaliation, had sponsored her brother and sister-in-law to immigrate to the U.S. The siblings were then were hoping to bring their own adult kids, too, so that they wouldn't have to fulfill mandatory military service in the country's active civil war. With the travel ban in effect Monday, they said the policy has a heightened impact on people from war-torn countries like Myanmar who had hopes of finding sanctuary in the U.S. 'It's really frustrating because we were on the cusp of securing their safety to leave that situation,' said her husband, 57, adding he felt like a 'rug got pulled out from under us in an instant.' White House spokesperson Abigail Jackson said Trump's policy is in the 'best interest of the American people and their safety.' 'His commonsense, country-specific travel restrictions include places that lack proper vetting, exhibit high visa overstay rates, or fail to share identity and threat information,' Jackson said. 'The restrictions fulfill the President's day one promise to protect American citizens from dangerous foreign actors who may come to the United States and cause us harm.' The travel restrictions, announced on Wednesday, completely bar entry to the U.S. for people from Myanmar, formerly known as Burma, in addition to those from Afghanistan, the Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen. Other countries, including Cuba, Laos and Venezuela, are under partial travel restrictions. According to Trump's proclamation, several of the countries on the list had declined to accept the repatriation of their nationals while others had visa overstay rates that the administration deemed 'unacceptable.' A few countries lacked 'the competence of the central authority' for issuing passports, the proclamation said. Jackson also pointed out a section in the proclamation that allows for applications for refugee status. 'Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the [international Convention Against Torture], consistent with the laws of the United States,' the proclamation said. However, after he took office, Trump limited refugee admissions for almost all countries including Myanmar. And in May, the Supreme Court allowed the Trump administration to revoke the temporary legal status of more than 500,000 immigrants that was granted by the Biden administration. Those immigrants came from Cuba, Haiti, Nicaragua and Venezuela and are now subject to deportation. Myanmar was among the nine countries in the latest proclamation that Trump also targeted during his first term. In fiscal year 2023, the U.S. issued 13,284 visas to the country, with business and tourism permits making up the most common types of visas. Myanmar recorded 1,384 overstays that fiscal year, equating to an overstay rate of almost 30%. The new travel ban comes as Myanmar's violent military regime fights to hold on to power after it seized control from the elected government of Aung San Suu Kyi in a 2021 coup. Since then, violence has escalated across the region as the military clashes with ethnic minority rebel groups and pro-democracy militias. 'Junta forces have slaughtered thousands of civilians, bombed and burned villages, and displaced millions of people,' Tom Andrews, United Nations special rapporteur on the human rights situation in Myanmar, said in a press release earlier this year. 'More than 20,000 political prisoners remain behind bars. The economy and public services have collapsed. Famine and starvation loom over large parts of the population.' Under the new travel ban, anyone who obtained a visa prior to the policy is still able to come to the U.S. But there's confusion over how the restrictions will be implemented and enforced. The Burmese American woman and her husband are among those with concerns, particularly as there have been several cases of lawful permanent residents and citizens being swept up in the dragnet of Trump's immigration policies. 'It's terrifying to think that they could be randomly picked up because somebody had a bad day at the office, or somebody didn't do their job or didn't believe that their visa was true,' the woman's husband said. 'It's quite frankly terrifying.' For the woman, reunification with her brother has been a long time coming. She became a citizen in the late 1990s and began the process to help bring her sibling over a few years later. At the time, Myanmar had been under the control of a strict military junta that held power from the 1960s until 2011, and for decades had kept the country in a state of extreme isolation and deprivation. She said her brother, whose children were just a few years old then, hoped to come over and root his family in more stability. 'Their circumstances in Myanmar at that time were very, very bad. That was the system that I grew up in. There was no future for them, no prosperity,' the woman said. 'My brother was concerned for his children's future and education.' Amid moves and address changes, the couple said they never received the standard letter notifying them that the woman's brother had been able to progress in his visa process. They assumed the wait was a product of notorious immigration backlogs. It wasn't until the situation in Myanmar intensified again in recent years that the couple found out that the brother was close to finally being able to immigrate. But by then, the woman said, her brother's kids had aged out of the system. According to U.S. Citizenship and Immigration Services, those who turn 21 before being approved for legal permanent resident status are no longer considered a child for immigration purposes and need to file an entirely new application, prolonging the green card process. At this point, the woman said, her brother and sister-in-law said they were willing to risk possible detention to come to the U.S., particularly if it meant easier access to the American immigration system that would enable them to fight to get their children to come over as well. However, with Myanmar's military draft in effect, the family is particularly concerned for their safety now that the travel ban adds another barrier to leaving. 'The reason they wanted to come here was for their kids,' the woman said of her brother and sister-in-law. 'Now, it's really hard to bring my nephews here to save their lives.' Quyen Dinh, executive director of the Southeast Asia Resource Action Center, said the bans are ultimately another part of 'the engine of Trump's mass deportation machine.' 'It's focused on demonizing immigrant families and communities by denying them family reunification, that we all rightfully deserve to be whole — especially now, when the world is more dangerous than ever,' Dinh said. Rather than protecting individuals' safety, Dinh said, she believes Trump's policy punishes those who need an escape from dangerous conditions. 'It perpetuates the violence that is happening across the world, as opposed to creating conditions for peace or humanitarian relief, and for these families who've been separated,' Dinh said. She also said she views the ban as evidence that the U.S. is misunderstanding its role as a humanitarian leader. 'We've got people who are legitimately trying to escape a civil war,' the woman's husband said. 'Now, because of some arbitrary decision by the Trump administration to pick a certain number of countries … without consideration of the actual cases, without an exception policy, it hurts them. They've done nothing wrong.' This article was originally published on

Looser gun laws tied to thousands more US child shooting deaths
Looser gun laws tied to thousands more US child shooting deaths

Yahoo

time41 minutes ago

  • Yahoo

Looser gun laws tied to thousands more US child shooting deaths

US states that loosened their gun laws following a landmark court ruling saw thousands more childhood firearm deaths than they otherwise would have -- the vast majority homicides and suicides -- according to a study published Monday. Jeremy Faust, an emergency physician at Brigham and Women's Hospital in Boston and lead author of the paper in JAMA Pediatrics, told AFP he was drawn to the topic as a father wondering whether today's world is safer for children than when he was growing up. "Mortality from car accidents has fallen dramatically, but at the same time, firearm mortality rose and replaced car accidents as the leading cause of death in children over the age of one," he said -- a trend unique among peer nations. To probe this shift, Faust and his colleagues analyzed state-level data before and after McDonald v Chicago, the 2010 Supreme Court decision that extended the Second Amendment to state and local governments. The ruling sparked a wave of legislation, some tightening gun laws but much of it loosening them. The team grouped states into three categories -- most permissive, permissive, and strict -- and used Centers for Disease Control data on firearm deaths among children aged 0–17. They ran an "excess mortality analysis," comparing actual deaths from 2011 to 2023 against projections based on prior trends from 1999 to 2010 and population growth. The results were stark: more than 7,400 excess pediatric firearm deaths in states that loosened gun laws -- including over 6,000 in the most permissive group of states. By contrast, the eight strictest states overall saw no excess deaths. The model predicted 4,267 fatalities, while 4,212 were recorded -- a near-match that bolstered confidence in the analysis. "The biggest thing people always want to know is, what's the intent behind these?" said Faust. "And I think what surprises most people is that accidents are a very small number of these deaths -- it's mostly homicide and suicide." While the study showed strong associations, it cannot prove causation -- a key limitation. But in a test of whether broader increases in violence might explain the trend, rather than changes to the law, the team analyzed non-firearm homicides and suicides and found no similar rise, a result that makes the findings "pretty compelling," said Faust. Black children saw the steepest increases. While the reasons are unclear, the authors speculated that disparities in safe firearm storage could play a role. There were some exceptions. Deaths rose in Illinois and Connecticut despite tighter laws -- though in the latter case, the spike was entirely attributable to the 2012 Sandy Hook mass shooting at an elementary school. "Big picture, we have a major problem in this country," said Faust. "But we also have a handful of states that are resisting these increases and, in fact, turning the other direction." ia/aha

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