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U.S. NEWS Monday 5 october 2020
Supreme Court opens new term on cusp of conservative control

Associated Press coronavirus pandemic
WASHINGTON (AP) — The and allowing the public
Supreme Court opens a to listen live to arguments.
new term Monday with The biggest change is the
Republicans on the cusp absence of Ginsburg, who
of realizing a dream 50 died of cancer last month
years in the making, a solid at age 87 after 27 years on
conservative majority that the bench. When the jus-
might roll back abortion tices met remotely in May,
rights, expand gun rights she already was suffering
and shrink the power of from a recurrence of pan-
government.Eight justices creatic cancer that was
are getting back to work first diagnosed in 2009.
at a most unusual, po- The only time her col-
litically fraught moment in leagues, masked and re-
American history. They're maining at some distance
still mourning the death of from each other, gathered
their colleague Justice Ruth in person since March,
Bader Ginsburg, the leader when the court was closed
of the court's liberal wing. to the public, was for Gins-
They're working in the midst burg's memorial service in
of a pandemic that has the court's Great Hall.
forced the court to drasti- "I'm still trying to get my
cally change the way it In this May 3, 2020, file photo the setting sun shines on the Supreme Court building on Capitol Hill head around the idea that
conducts business. And the in Washington. Justice Ginsburg won't be
presidential election is less Associated Press on the bench any longer,"
than a month away. said Donald Verrilli, the
President Donald Trump's tices. publicans were content to land, Florida and Texas. Obama administration's
nominee for Ginsburg's "I would guess that on the leave a Supreme Court seat Among the issues: ballot top lawyer before the Su-
seat, Judge Amy Coney whole we're going to see open through the election, witness requirements and preme Court who will ar-
Barrett, could be on the a considerable and per- even if it meant having an allowing all voters to vote gue in the Affordable Care
bench in time for one of the haps quite rapid shift to the eight-justice court decide by mail. Pending are pleas Act case in November.
term's biggest cases, post- right," said Orin Kerr, a law any election challenges. from Republicans to re- The cases being argued
Election Day arguments in professor at the University High-court involvement in verse decisions extending over the next two weeks,
the latest Republican bid to of California, Berkeley. the election could make the deadline for receiving meanwhile, all had been
strike down the Affordable The term is so far short on this "the most tumultuous and counting mail-in bal- scheduled for last spring,
Care Act, which provides high-profile cases, but that and divisive term since the lots in the battleground but were postponed when
more than 20 million peo- could change quickly be- Supreme Court decided state of Pennsylvania and the virus forced the court
ple with health insurance. cause of the prospect of Bush v. Gore 20 years ago suspending a ballot witness to shut down for a time. The
Barrett's confirmation would court involvement in law- and effectively deter- requirement in South Caro- most consequential case
cement a 6-3 conservative suits related to the election. mined who would become lina, where polls find a tight in October is a dispute be-
majority and diminish Chief Trump has said he wants president of the United race between Republican tween technology giants
Justice John Roberts' ability Barrett in place soon so States," said Irv Gornstein, a Sen. Lindsey Graham and in which Oracle claims it's
to moderate the court's de- that she could be among Georgetown University law Democratic challenger Jai- owed $9 billion by Google
cisions. That's because con- nine justices, including his professor. me Harrison. for using Oracle's copy-
servatives would have five other appointees Neil Gor- Already this year, the jus- The court will begin the righted code in the devel-
votes even in cases where such and Brett Kavanaugh, tices have weighed in on term the way it ended the opment of Google's An-
Roberts might side with the who weigh in on any voting election issues in Wiscon- last one, meeting by tele- droid operating system for
remaining three liberal jus- cases. Four years ago, Re- sin, Alabama, Rhode Is- phone because of the smartphones.q

AP Explains: Transfer of power under 25th Amendment

By JESSICA GRESKO WHY WAS IT PASSED? erally been brief and happened polyp from his colon in 1985, but he
WASHINGTON (AP) — President The push for an amendment de- when the president was undergo- said at the time he wasn't formally
Donald Trump announced early tailing presidential succession ing a medical procedure. invoking the 25th Amendment.
Friday on Twitter that he has been plans followed the assassination of In 2002, President George W. While he said he was "mindful" of
diagnosed with the coronavirus, President John F. Kennedy in 1963. Bush became the first to use the it, he didn't believe "that the draft-
and he will spend several days at President Lyndon B. Johnson in amendment's Section 3 to tempo- ers of this Amendment intended
Walter Reed Medical Center for his 1965 State of the Union prom- rarily transfer power, to Vice Presi- its application to situations such as
treatment and evaluation. ised to "propose laws to insure the dent Dick Cheney while Bush was the instant one." Bush was acting
The 25th Amendment provides necessary continuity of leadership anesthetized for a colonoscopy. president for eight hours according
some answers about how presiden- should the President become dis- Bush temporarily transferred power to a book on the amendment by
tial power could be transferred, abled or die." The amendment was in 2007 to undergo another colo- John D. Feerick.
either temporarily or more perma- passed by Congress that year and noscopy. HOW DOES IT WORK?
nently. Trump has not invoked the ultimately ratified in 1967. WHAT ABOUT RONALD REAGAN? To temporarily transfer power to the
amendment in this case. In fact, HAS IT BEEN INVOKED TO TRANSFER The 25th Amendment was never in- vice president, a president sends a
the White House said he will con- POWER BEFORE? voked after President Ronald Rea- letter to the Speaker of the House
tinue to work from an office set up Yes, presidents have temporarily gan was shot in 1981. Reagan did of Representatives and President
for him at the hospital. relinquished power but not all in- temporarily transfer power to Vice pro tempore of the Senate that he
Here are some questions and an- voked the 25th Amendment. Pre- President George H. W. Bush while is "unable to discharge the powers
swers about the amendment. vious transfers of power have gen- undergoing surgery to remove a and duties of his office." q