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JONATHAN TURLEY: Chief Justice Roberts could learn from baseball great Ted Williams when it comes to leaks
The legendary baseball player and manager Ted Williams once wrote a letter to the Angels outfielder Jay Johnstone on improving his hitting. Among his pieces of advice was that “with two strikes, you simply have to protect the plate.”
Williams’s advice on not striking out came to mind this week when another leak of confidential information rocked the Supreme Court. (The prior leak of the Dobbs decision went unsolved). For Chief Justice John Roberts, the message is clear: it is times like these that you have to protect the plate.
Roberts, of course, is famous for his own baseball analogies. In his confirmation, he declared that “judges are like umpires. Umpires don’t make the rules. They apply them…Nobody ever went to a ballgame to see the umpire.”
Yet, justices do make rules not only in new precedent, but in the operation of the court system. Those rules are being broken.
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In the same week at the new leak, Justice Sonia Sotomayor attacked her colleague Brett Kavanaugh as essentially an out-of-touch prig who had never even met an hourly wage worker. It was an unfair insult and a departure from the Court’s long-standing rules of civility. (Sotomayor later apologized).
Additionally, a forthcoming book by Mollie Hemingway’s on Justice Samuel Alito contains an embarrassing account of how Justice Elena Kagan allegedly screamed at Justice Stephen Breyer so loudly before the Dobbs opinion that the “wall was shaking.” (The book suggests that Kagan was upset with Breyer agreeing to spur along the dissents to get out the final opinions in light of rising threats against conservative colleagues after the leak).
For an institution that prides itself on its confidentiality and insularity, the Court is looking increasingly porous and partisan in these leaks. Worse yet, people are indeed coming to the Court “to see the umpires.”
The most recent leak was published by the New York Times, which was given internal memos from various Supreme Court justices on the use of what is known as the “shadow docket” to issue rulings without oral arguments.
Notably, the leaks occurred after a controversial speech by Justice Ketanji Brown Jackson at Yale Law School in which she denounced the use of the shadow docket by her conservative colleagues to release decisions that were sometimes “utterly irrational.”
The memos reveal the concern of the justices that the Environmental Protection Agency was effectively gaming the system, imposing unlawful regulatory burdens on electric utilities despite a countervailing earlier ruling in Michigan v. EPA.
Chief Justice Roberts noted that the EPA was using the ongoing litigation to force utilities to spend billions of dollars to comply with the new regulations: “In other words the absence of stay allowed the agency to effectively implement an important program we held to be contrary to law.”
The controversy over the use of the shadow docket is immaterial to this story. The most immediate concern for Roberts should be that this is strike two: another leak from within the Court that was clearly designed to wound some of its members.
Unlike the Dobbs leak (which appeared to be an effort to influence the final opinion), this is a leak about a decade-old case. It had a purely malicious purpose to embarrass or disrupt the Court.
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The question, again, is the identity of the culprit. There is no reason to assume that the same person was involved in both leaks. Rather, the leaks appear to reflect a deteriorating culture at the Court.
After the Dobbs leak, Chief Justice Roberts launched a fruitless investigation through the federal marshals to find the responsible person. The use of the marshals as the lead investigators (rather than the FBI) was criticized at the time. Roberts may have been sensitive to an executive-branch agency rooting around in the highest court of a sister branch.
The result was the worst possible outcome. The culprit succeeded in both leaking the opinion and evading any accountability.
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The fact is that the Court’s culture and institutional identity have always been its greatest protection of confidentiality. In a city that floats on a rolling sea of leaks, the Court was an island of integrity and civility. The “umpires” could call balls and strikes without playing the leak game.
That culture is fast becoming nothing but a relic in the wake of yet another major leak. For the future of the Court and the faith of the public, Roberts has to set his reservations aside and bring in the FBI to find the culprit. Most importantly, he has to guarantee total transparency in allowing the public to see the results wherever they may lead. In other words, with two strikes, Roberts needs to protect the plate.
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Warsh’s $226 million fortune under scrutiny as Fed nominee faces Senate confirmation
Kevin Warsh heads into his Senate confirmation hearing Tuesday morning vying to be the richest-ever chair of the Federal Reserve amid mounting questions over his sizable financial portfolio.
Newly released disclosures reveal the extent of Warsh’s wealth but leave key portions of his holdings unclear, which could complicate his path toward confirmation since the position he is up for wields enormous influence over financial markets.
The disclosures are likely to draw scrutiny from lawmakers due to potential conflicts of interest and concerns over transparency, both central focuses of the confirmation process — particularly at a time when the central bank’s credibility is already under a microscope.
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According to documents submitted to the Senate last week, Warsh reported assets valued at roughly $135 million to $226 million, positioning him to become the wealthiest chair in the Federal Reserve’s history if confirmed.
The nearly 70-page filings, released by the U.S. Office of Government Ethics as part of the standard vetting process for senior nominees, detail a portfolio spanning investments, board roles and other financial interests.
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Still, the disclosures leave some gaps.
For example, certain holdings are listed in broad ranges or lack full detail, a common feature of such filings but one that can draw scrutiny when nominees are poised to oversee institutions with vast influence over financial markets.
In fact, a note from a government ethics official attached to the filings says Warsh is currently out of compliance with ethics rules for certain holdings where he did not disclose the funds’ underlying assets.
The Office of Government Ethics said the rest of the filing meets federal requirements and that Warsh would return to full compliance once he divests those assets, which he has pledged to do within 90 days of confirmation.
That dynamic could prove especially sensitive for Warsh as lawmakers weigh potential conflicts of interest and the steps he would need to take to avoid them.
Beyond that, the filings also underscore the scale of wealth tied to his family.
They do not include the far larger fortune connected to his wife, Jane Lauder — granddaughter of Estée Lauder’s founder — which Forbes estimates at about $1.9 billion. Separate disclosures show Lauder holds millions of dollars in additional assets, further adding to the family’s overall financial footprint.
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Warsh’s potential ascent comes at a turbulent moment for the central bank.
Senators are still weighing ethics concerns tied to Federal Reserve Chair Jerome Powell, with at least one Republican vowing to block Warsh’s confirmation over the issue.
Sen. Thom Tillis, R-N.C., who has been holding up the nomination, said he supports Warsh but will not back his confirmation until a Justice Department investigation into Powell is resolved. But that’s unlikely considering President Donald Trump’s push for the probe and refusal to back off pressuring DOJ to investigate.
On Jan. 11, Powell confirmed that the Justice Department opened a criminal investigation into his congressional testimony regarding the renovation of the Federal Reserve’s two historic buildings on Washington, D.C.’s National Mall.
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That probe comes as the Federal Reserve faces mounting pressure on multiple fronts, including a Supreme Court case testing its independence and persistent cost-of-living concerns weighing on President Donald Trump’s economic agenda.
Against that backdrop, scrutiny of Warsh’s finances — and how he manages them — is likely to intensify as his nomination advances.
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Mexico pyramid shooter who took hostages and killed 1 is identified
A gunman who fatally shot a Canadian tourist and wounded more than a dozen others atop a historic pyramid in Mexico on Monday has been identified, according to officials.
Authorities identified the gunman as 27-year-old Julio Cesar Jasso, a Mexican national, according to a state official who spoke anonymously because they were not authorized to discuss the case publicly.
Jasso later died by suicide after turning the gun on himself, and security officials found a gun, a knife and ammunition. Authorities said he acted alone, with the State of Mexico government confirming he was the sole assailant on Monday night.
Officials said seven of the victims were struck by gunfire, while others were hurt in the chaos as people scrambled to get down from the pyramids, with some falling during the panic.
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Those hospitalized included tourists from several countries, among them the United States, Colombia, Russia, Brazil and Canada, authorities said. The victims ranged in age from 6 to 61.
Footage circulating in local media appears to show the suspect positioned atop the structure as visitors rushed for safety below, with gunfire echoing across the site.
The Teotihuacan complex, located just outside Mexico City, is one of the country’s most visited archaeological landmarks, drawing millions of international visitors each year to its towering pre-Hispanic structures.
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The shooting took place shortly after 11:30 a.m. when dozens of tourists were at the top of the Pyramid of the Moon.
Security measures at the site have changed in recent years, with routine entry screenings no longer consistently in place, according to a local guide.
Mexican President Claudia Sheinbaum wrote on social media that the shooting would be investigated and that she was in touch with the Canadian Embassy.
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“What happened today in Teotihuacán deeply pains us. I express my most sincere solidarity with the affected individuals and their families,” she wrote.
Anita Anand, Canada’s foreign affairs minister, said on X that as a “result of a horrific act of gun violence, a Canadian was killed and another wounded in Teotihuacán” and that her “thoughts are with their family and loved ones.”
Later in the evening, U.S. Ambassador to Mexico Ronald Johnson also expressed “deep concern” and sadness over the deaths and numerous injuries, and said in a post on X that the U.S. is “ready to provide support as needed while Mexican authorities continue their investigation.”
The National Institute of Anthropology and History said in a statement that the Teotihuacán archaeological site will remain closed until further notice.
The Associated Press contributed to this report.
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Blue state poured thousands of dollars into study on reparations as effort launches
Washington reportedly began a study on “reparative actions” for descendants of slavery on Friday after allocating $300,000 to the effort.
Last year, the Washington State Legislature funded a study to examine the history and impact of slavery in the U.S. as it relates to “the geography of the former Washington and Oregon territories.”
The state also wants to analyze how residents were impacted by state laws and systems regarding criminal justice, economics and education, according to the Washington State Department of Commerce.
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State documents show that the legislature approved $300,000 to fund the project. The Washington State Department of Commerce reserved 10% of the money for administrative costs to manage the program and the remaining funds will be distributed yearly through fiscal year 2026 to 2027, beginning July 1 to the end of June.
The department is open to philanthropic or private donations to “expand the scope and depth of the study.”
Ashley Gardner, the lead director of the project, vowed a thorough review of the historical injustices during an info session last month.
“We intended to leave no research stone unturned,” Gardner said, according to Seattle Times reporting.
The amount of funding provided by the state resulted from consultation with the Commission on African American Affairs. The commission is a representative of the African American community in Washington advising the governor, legislature and state agencies on public policy and its execution.
Researchers must have a Ph.D. qualification in history, African American studies, sociology and several other listed social science and liberal arts degrees with a “direct focus” on “reparations or United States chattel slavery.” The study sought candidates with an “expertise in calculating the present value of uncompensated slave labor for direct victims of the United States chattel slavery.”
The launch of the study came after the state issued a survey to residents to help inform policy recommendations within the study.
“We’re tasked with looking at the national picture, and understanding, is Washington culpable, and if it is culpable, to what degree?” Marvin Slaughter Jr., co-lead of the valuation and policy team, said.
The research team, the Washington Department of Commerce and the Commission on African American Affairs did not immediately respond to Fox News Digital’s request for comment.
Washington follows several other local municipalities and states spanning from coast to coast looking to study the harms of slavery, Jim Crow-era policies, and redlining policies that led to housing discrimination in order to issue reparations in some form. Many others have already conducted a study, which resulted in reports on a detailed review of the past that linked to researchers’ policy recommendations.
A Chicago suburb — Evanston, Illinois — went as far as paying $25,000 in cash to Black residents to address past racial housing discrimination through its program.
As far as what reparations would look like in Washington, researchers reportedly believe it is too early to determine.
“Should it be cash payments? Should it be pensions? Should it be health care?” asked Thomas Craemer, the co-lead of the valuation and policy team on the research project.
“There’s a number of ideas,” he continued. “This is a research project. We’re not actually making any decisions, and we don’t want to. We want to let the community speak to us and to guide us.”
Despite efforts to issue reparations, some of the programs are facing obstacles due to budgetary or legal pressures. The cities of Evanston and San Francisco have been hit with lawsuits over alleged racial discrimination due to their reparations efforts.
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