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U.S. NEWS Tuesday 6 OcTOber 2020
2 justices slam court's 2015 decision in gay marriage case

By MARK SHERMAN and of state judges affiliated
JESSICA GRESKO with the two major politi-
Associated Press cal parties fairly even. The
WASHINGTON (AP) — The justices seemed prepared
Supreme Court, already to uphold Delaware's politi-
poised to take a significant cal party provision, and the
turn to the right, opened argument passed without
its new term Monday with any comment about the
a jolt from two conserva- partisan fighting over the
tive justices who raised Supreme Court's makeup.
new criticism of the court's The justices will hear a total
embrace of same-sex mar- of 10 arguments this week
riage. and next, but the term is
The justices returned from so far short on high-profile
their summer break on a cases. That could change
somber note, following the quickly because of the
death of Justice Ruth Bad- prospect of court involve-
er Ginsburg, hearing argu- ment in lawsuits related to
ments by phone because the election. Perhaps the
of the coronavirus pan- biggest case currently on
demic and bracing for the the justices' docket is post-
possibility of post-election Election Day arguments in
court challenges. Anti-abortion activists with "Bound 4 Life" demonstrate at the Supreme Court in Washington, Mon- the latest Republican bid
The court paused briefly to day, Oct. 5, 2020, as the justices begin a new term without the late Justice Ruth Bader Ginsburg. to strike down the Afford-
remember Ginsburg, the Associated Press able Care Act, which pro-
court's second woman. But vides more than 20 million
a statement from Justice he said that the decision from LGBTQ rights groups proach to the law gener- people with health insur-
Clarence Thomas, joined "enables courts and gov- and others. Alphonso Da- ally to that of her mentor, ance.
by Justice Samuel Alito, un- ernments to brand religious vid, president of the Human Justice Antonin Scalia, one The justices last heard ar-
derscored conservatives' adherents who believe Rights Campaign, said in of the dissenters in the gay gument in their courtroom
excitement and liberals' that marriage is between a statement that Thomas marriage case. in February and skipped
fears about the direction one man and one woman and Alito had "renewed Reversing the court's deci- planned arguments in
the court could take if the as bigots." their war on LGBTQ rights sion in the gay marriage March and April before
Senate confirms President Thomas suggested the and marriage equality" as case would seem a tall or- hearing cases by phone
Donald Trump's nominee court needs to revisit the the direction of the court der, but Thomas' statement in May. On Monday, Chief
for Ginsburg's seat, Amy issue because it has "cre- "hangs in the balance." underscored liberals' fears Justice John Roberts began
Coney Barrett. ated a problem that only it With Ginsburg's death and that the court could roll the hearing by noting what
Commenting on an ap- can fix." Until then, he said, the retirement of Justice back some of their hardest- the public has only seen in
peal from a former county the case will continue to Anthony Kennedy in 2018, fought gains. pictures: that the door to
clerk in Kentucky who ob- have "ruinous consequenc- only three members of the The cases the justices spent the justices' courtroom and
jected to issuing same-sex es for religious liberty." majority in the gay mar- about two and a half hours the section of the court's
marriage licenses, Thomas The court turned away the riage case remain: Justices discussing Monday, howev- bench in front of Ginsburg's
wrote that the 5-4 majority appeal of the former clerk, Stephen Breyer, Sonia Soto- er, were far less prominent: chair have been draped
in a 2015 case had "read a Kim Davis, among hun- mayor and Elena Kagan. a water dispute between with black fabric.
right to same-sex marriage" dreds of rejected cases Barrett's confirmation would Texas and New Mexico and Said Roberts: "We at the
into the Constitution, "even Monday. cement a 6-3 conservative a case involving a provision court will remember her as
though that right is found Thomas' four-page state- majority on the court, and of the Delaware constitu- a dear friend and a trea-
nowhere in the text." And ment prompted outrage she has compared her ap- tion that keeps the number sured colleague."q

Another judge steps away from stalled Guantanamo 9/11 trial

WASHINGTON (AP) — An- for five men held at Guan- appearance of bias," Ke-
other military judge has tanamo who are charged ane wrote, before con-
stepped down from the with planning and assist- cluding that his recusal is
Sept. 11 war crimes tribu- ing the hijacking plot that "immediately required."
nal at the U.S. Navy base at killed nearly 3,000 people in Keane, describing his pos-
Guantanamo Bay, Cuba, a New York, Washington and sible conflicts, noted that
further blow to an already Pennsylvania.Keane said he grew up in the New York
long-stalled case. Marine he believes he could serve City area and had a close
Col. Stephen F. Keane said as an impartial judge in the relative who worked for the
in an order issued Friday death penalty case. But Fire Department but retired
that he must recuse himself the Marine colonel said he before the Sept. 11 attacks.
from the case because of did not want to cause fur- He also served in a Defense
his past work for the gov- ther delays or grounds for Department counter-terror-
ernment and personal appeal in a case that has ism task force, in which he
connections to victims of been bogged down in pre- conducted legal reviews
the Sept. 11, 2001, terrorist trial proceedings since the concerning the transfer of
attacks. He was appointed May 2012 arraignment. detainees from Afghani- In this June 27, 2006, file photo, reviewed by a U.S. Department
last month. Keane is the fifth "My continued presence stan to Guantanamo, of Defense official, U.S. military guards walk within Camp Delta
judge to preside over the as the military judge in this where the U.S. now holds military-run prison, at the Guantanamo Bay U.S. Naval Base,
trial by military commission case arguably creates an 40 prisoners.q Cuba.
Associated Press