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Supreme Court Seems Ready to Reject Limit on Excessive-Force Suits Against Police Officers

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Supreme Court Seems Ready to Reject Limit on Excessive-Force Suits Against Police Officers

The Supreme Court seemed poised on Wednesday to reject a legal theory that puts tight limits on lawsuits seeking to hold police officers accountable for using deadly force.

The case arose, an appeals court judge wrote, from a commonplace occurrence. “A routine traffic stop,” the judge wrote, “has again ended in the death of an unarmed Black man.”

The question for the justices was how closely courts should confine their consideration to “the moment of threat” rather than the larger context of the encounter.

There was something like consensus that the theory was focused too narrowly on the seconds preceding a shooting.

“Everybody agrees it’s wrong,” Justice Neil M. Gorsuch said. “What’s the harm of saying that?”

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The case started on an April afternoon in 2016, when Ashtian Barnes, 24, was driving on a highway outside Houston in a car his girlfriend had rented. He was on his way to pick up her daughter from day care.

Though Mr. Barnes did not know it, the car’s license plate was linked to unpaid tolls that had been incurred by another driver. Office Roberto Felix Jr. of the Harris County Constable’s Office pulled the car over based on those unpaid tolls.

When Mr. Barnes could not immediately locate his license and the car’s registration, the officer asked him to step out of the car. Instead, Mr. Barnes began to pull away, with the car door still open. Officer Felix drew his gun, jumped onto the moving car’s door sill and twice shot Mr. Barnes, as recorded on dash cam footage.

Ashtian Barnes was killed in a police shooting in 2016. He was unarmed.Credit…Adam Fomby, via Reuters

Mr. Barnes’s mother, Janice Hughes Barnes, sued, saying the officer’s use of force was unreasonable, violating the Fourth Amendment.

A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled last year in favor of the officer on what it said was a narrow question. “We may only ask whether Officer Felix was in danger ‘at the moment of the threat’ that caused him to use deadly force against Barnes,” Judge Patrick E. Higginbotham wrote.

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Judge Higginbotham added a concurring opinion, writing only for himself. Had he been allowed to consider all of the circumstances surrounding the stop, he wrote, he could have ruled the other way.

“Given the rapid sequence of events and Officer Felix’s role in drawing his weapon and jumping on the running board,” the judge wrote, “the totality of the circumstances merits finding that Officer Felix violated Barnes’s Fourth Amendment right to be free from excessive force.”

At Wednesday’s argument in the case, Barnes v. Felix, No. 23-1239, some justices expressed concerns about second-guessing police officers’ split-second judgments. “An officer does not get the time we’ve spent here today to make the decision,” Justice Brett M. Kavanaugh said.

But most of the justices seemed inclined to allow the court to consider more than the seconds before the shooting.

“Would you be satisfied,” Justice Samuel A. Alito Jr. asked a lawyer for Ms. Barnes, “with a narrow holding that it is wrong for a court to look just at the moment of the threat?”

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The lawyer, Nathaniel A.G. Zelinsky, said he would, though he added that “it would be helpful if the court makes clear that that means that you can look at the jump in addition to the shoot.”

Charles L. McCloud, a lawyer for Officer Felix, said the court should narrow its focus to the moment he used force. “He was clinging to the side of a fleeing suspect’s car, and Felix reasonably believed that his life was in imminent danger,” Mr. McCloud said. “That conclusion should end this case.”

In rebuttal, Mr. Zelinsky disagreed. “You have to look at the whole picture,” he said, “and here that’s more than just two seconds.”

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Luigi Mangione’s lawyers withdraw plans for psychiatric defense

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Luigi Mangione’s lawyers withdraw plans for psychiatric defense

Luigi Mangione appears for a pretrial hearing at Manhattan Criminal Court in New York, June 17, 2026.

Angelina Katsanis/AP


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Angelina Katsanis/AP

New York — In a dramatic reversal, Luigi Mangione’s legal team on Thursday backed away from a plan to use a psychiatric defense when his case goes to trial in state court in September. Mangione has pleaded not guilty to murdering health insurance CEO Brian Thompson in 2024 on a Manhattan street.

At a hearing only a day earlier before state Judge Gregory Carro, Mangione’s attorneys confirmed that Mangione had been undergoing psychiatric evaluation. They signaled that his defense would be based at least in part on the argument that Mangione was experiencing “extreme emotional disturbance.”

But in a one-line letter sent to Carro on Thursday, Mangione’s team said that “at this time” they no longer intend to introduce psychiatric evidence during the trial. It’s unclear what sparked the shift. Mangione’s team didn’t respond to NPR’s request for comment.

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Former Manhattan prosecutor and legal analyst Gary Galperin told NPR it was a “stunning reversal” for Mangione to withdraw from the psychiatric defense. “One can only speculate at this point as to the reasons,” he said.

“What remains, of course, at this point is the question of what defense they will pursue at trial,” he added.

This maneuver came after Carro ordered Mangione’s attorneys to quickly share psychiatric information with prosecutors.

“They need to know what the malady is that this defendant suffers and how that triggered extreme emotional distress,” he said, during Wednesday’s hearing. “I’m not going to let you surprise people on the eve of trial. Get it done.”

Assistant Manhattan District Attorney Joel Seidemann repeatedly complained that Mangione’s team was “stonewalling” the prosecution by withholding medical information about his psychiatric state. “We have gotten nothing,” Seidemann said.

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Mangione’s lead attorney Karen Friedman Agnifilo denied her team was delaying the court process or improperly withholding information.

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Inside Trump’s Touring Exhibition of American Heroes

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Inside Trump’s Touring Exhibition of American Heroes

Video by Zack Wittman for The New York Times

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The museums, designed by conservative nonprofits and Trump appointees, tell the story of early America, from colonization to revolution. The one exhibition looking beyond the early years is the “Wall of American Heroes.” It is a list of 51 people, chosen to illustrate 250 years of American history.

A White House spokesman said they were “individuals who shaped this nation’s history, culture and spirit across generations.”

The people pictured on this national honor roll — and the people left out — help illustrate what this administration sees as the highlights of American history.

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Amid the administration’s efforts to reshape the nation’s relationship with its past, Trump appointees heavily weighted the list toward a single era of American history — and a few specific kinds of hero.

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MOUNT RUSHMORE, 1927

1936-1937

1933-1934

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1939

MOUNT RUSHMORE, 2025

Some of those featured are American icons who would be on just about anyone’s list of the country’s heroes. Many are already honored with monuments, holidays or their faces on coins.

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Photo cards show Harriet Tubman, Martin Luther King Jr., the Wright Brothers, Susan B. Anthony, Clara Barton and Sacagawea.

But nine of the 51 people fit one surprising mold: They were all in show business in the 1960s.

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Photo cards show John Wayne, Jimmy Stewart, Johnny Cash, Frank Sinatra, Aretha Franklin, Walt Disney, Irving Berlin, Elvis Presley and Louis Armstrong.

The list also focuses on just one of America’s wars. All four people shown in military uniform served in World War II.

Photo cards show George S. Patton, Louis Zamperini, Audie Murphy and Grace Hopper.

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All four religious leaders on the wall are Christian.

The wall also features some of the wealthiest people of their time.

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Cards show Steve Jobs, John D. Rockefeller, Andrew Carnegie and Henry Ford.

Tens of millions of people have immigrated to America in the past 250 years. But the “Wall of American Heroes” includes only four immigrants, all white men born in the 19th century.

Photo cards show Irving Berlin, Alexander Graham Bell, Andrew Carnegie and Albert Einstein.

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The center of the display includes a long quotation by President Trump.

A wall featuring 51 photographs of people, with the space in the middle dedicated to a quotation from President Trump.

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The other exhibitions in the Freedom Trucks were crafted by a pair of conservative nonprofits, PragerU and Hillsdale College. But the “Wall of American Heroes” was created by Freedom 250, a nonprofit effort whose leaders were chosen by President Trump and that was created to lead the planning of celebrations of the nation’s 250th birthday, overshadowing a bipartisan congressional commission.

A spokeswoman for Freedom 250 said Mr. Trump was not directly involved in the selection of those featured.

But the list clearly tracks Mr. Trump’s own lifetime and the heroes of the conservative political movement.

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In May, a Freedom Truck stopped at the Villages Public Library in Wildwood, Fla. Zack Wittman for The New York Times

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The wall’s tilt toward heroes of the baby boomer generation, for instance, extends beyond Hollywood stars and musicians. Of the four religious leaders on the list, two — Archbishop Fulton Sheen and the Rev. Billy Graham — also appeared on TV regularly in the 1950s and 1960s. The only painter on the list is Norman Rockwell, known for his idealized depictions of American life in that period.

By contrast, there is only a handful of figures from the first decades of American independence.

“That’s a disservice, if your intention is to present the last 250 years,” said Sarah Weicksel, the executive director of the American Historical Association. “Because all of the people on this list are building on the work and struggles and progress that was made by the people in the 150 years prior.”

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The “Wall of American Heroes” was inspired by a similar display in a traveling museum created by the State of Virginia. But Virginia’s display celebrates little-known historical figures.

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Virginia’s display of heroes highlights little-known figures. Jason Andrew for The New York Times

Mr. Trump’s, by and large, celebrates people who are already well-known — and, often, people who were famous in their own time. For example, it praises P.T. Barnum, a circus impresario who used hoaxes and freak shows to draw crowds. The wall calls him an “icon of American sensationalism.”

The spokeswoman for Freedom 250 said that many of the names on the wall were drawn from a list of 250 people that Mr. Trump wants to include in a “Garden of American Heroes” in Washington.

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The spokeswoman declined to say what criteria were used to narrow down the list.

The only president whose name appears on the wall — not on the list of heroes, but alongside his quotation — is Mr. Trump himself.

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Explore the Wall of Heroes

Navigate the display by dragging from side to side.

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Zack Wittman for The New York Times

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GOP Rep. Tom Kean, missing from Congress for months, set to return on June 30

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GOP Rep. Tom Kean, missing from Congress for months, set to return on June 30

Washington — Republican Rep. Tom Kean Jr. of New Jersey will return to Congress on June 30, his spokesperson said, after being away since March in an unexplained absence that has confounded Capitol Hill.

“Congressman Kean is eager to return to in person work on June 30 and resume a full schedule,” Kean’s spokesperson, Harrison Neely, told CBS News on Thursday. The New Jersey Globe first reported on his return date. 

Kean’s whereabouts since he last voted on March 5 have not been disclosed. When he first made a statement about the absence in late April, the New Jersey Republican said he was addressing a “personal medical issue.” 

Kean said earlier this month that he would return to Washington within a matter of weeks, at which point he would provide more details about his health.

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“Right now I am focused on my recovery and under the advice of healthcare professionals, I will transition from virtual work to in person work within a matter of weeks. At that time I will be completely transparent as to the nature of my medical condition,” Kean said in a June 2 statement released by his campaign.

The statement came hours before polls closed in New Jersey’s GOP primary for his seat, in which he ran unopposed. 

He has missed more than 130 votes during his absence.

House Speaker Mike Johnson told reporters earlier this month that he had recently spoken with Kean. Johnson said he was aware of the health issue, but would not disclose the details. 

“What he’s dealing with is not very common and not a big thing,” Johnson said.

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