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Problems With New California Bar Exam Spark Lawsuit and Enrage Test Takers
Even under normal circumstances, the California bar exam is one final harrowing hurdle before aspiring lawyers can practice. But last week was worse than any other, as they were thrown into limbo by technical glitches, delays and what many said were bizarrely written questions on a revamped test that didn’t match anything in preparation.
The faulty rollout last week of the new licensing test, which was approved by the California Supreme Court in October and was touted by the state bar as a way to save money, has outraged test takers and the law school community at large, and prompted an investigation by California lawmakers and a lawsuit.
“You can talk to any attorney — because they have all been through the bar experience — and they will tell you how hard it is and how stressful it is to go through the bar exam,” said Erwin Chemerinsky, the dean of the University of California, Berkeley, School of Law. “To have to then take it again because of the incompetence of the bar is inexcusable,” said Mr. Chemerinsky, who had raised concerns along with other law school deans about the new exam before it was approved.
The botched exam, which is administered digitally, has left test takers in a bind that puts their career aspirations and personal finances in jeopardy. Many took weeks off work and missed time with family — and have job offers contingent on passing the February exam.
“I just kind of feel ripped off,” said Zack Defazio-Farrell, who took the exam last week. He added: “You spend a lot of money preparing. You spend a lot of time not making money. And this happens.”
Test takers reported a range of technological problems over the course of the two-day exam, which on Day 1 included five one-hour essay sessions and a 90-minute section that assesses the ability to carry out legal tasks, and on Day 2 involved 200 multiple choice questions over the course of four 90-minute sessions.
Test takers said they had encountered delays of over an hour to gain access to the exam, and some said they could not access the test at all. Others reported chronic freezing and lags, and an unresponsive copy and paste function.
Some also said the questions were written in a strange manner, were missing key facts, contained typos or simply did not make sense. And according to the state bar, there were reports that on-site proctors often did not have answers to basic questions.
The technology and proctoring of the exam was provided by the company Meazure Learning, which provided the ability to take the exam remotely, a change from previous years. The company now faces a class-action lawsuit by test takers.
Meazure Learning could not be reached for comment. On its website, the company says it has more than 30 years of experience successfully launching licensing programs. “We excel at developing fair, reliable and secure exams that you can trust,” it says.
The state bar, which said in August that the new test would save the organization up to $3.8 million annually, said that it was examining whether the company’s performance had failed to meet its contractual obligations and that a full accounting of how many people had experienced issues was still underway on Saturday.
Tom Umberg, a state senator who chairs the body’s judiciary committee, which is tasked in part with funding the state bar, said there would be an inquiry. “We are going to be doing a deep dive as to what happened and how to make sure this doesn’t happen again,” he said.
The new exam was written by Kaplan North America, a test preparation company. It replaced questions by the National Conference of Bar Examiners, which writes the exams in a majority of states. The state bar said that the questions developed by Kaplan had undergone the same reviews as previous exam questions.
Russell Schaffer, a spokesman for Kaplan, said in a statement that “the portion of the exam we wrote was subjected to a rigorous quality control process.” He added that the company was unaware of any questions it was responsible for that contained typos.
For generations, California’s bar exam was widely considered the nation’s hardest. Even elite law students often had to take it more than once to clear the high threshold for passage. Former governors Jerry Brown and Pete Wilson and former Vice President Kamala Harris are among the many famous lawmakers who failed the California bar on their first try. The threshold for passing was lowered slightly several years ago, but the test still remains exceptionally rigorous relative to exams in the rest of the United States.
Some have said the bar was aware of glitches months in advance, after an experimental exam in November contained technical issues for some. But the bar said those problems were isolated.
The state bar appeared to anticipate issues with the new exam before the rollout ahead of last week. Before the test, it offered people who withdrew from or failed the February exam a fee waiver for the next test date. Exams are administered twice a year, in February and July.
“This new exam has not rolled out the way it should have, and we, the board, apologize along with state bar leadership and staff,” the bar’s board of trustees said in a statement on Feb 21. “The continued issues with testing locations, scheduling, technical issues and communication lapses have distracted applicants from their studies and created confusion.”
Of the 5,600 people who registered for the February exam, 1,066 withdrew, the state bar said.
On Friday, the state bar said it was looking into remedies for those who took the exam and experienced technical difficulties, including conducting analyses to adjust scores. Mr. Chemerinsky has called on the bar to offer provisional licenses to test takers and revert to the old exam in the future.
For some of those who were not able to complete the exam, the bar offered a chance to retake the test this week. But that opportunity has been delayed to later this month after some test takers allegedly leaked the questions online.
But for those who don’t get a chance to retake the test this month, it means waiting until July — which provides little comfort.
Some said that may be too late to avoid devastating financial situations dependent on becoming licensed by May, when February test results are released.
“If I have to take it in July, I probably will not be living in California anymore,” said Alexandra Sennet, who said she was hundreds of thousands of dollars in debt from law school. She added that she has a job offer that is contingent on her becoming licensed in May.
Ms. Sennet said she was also in debt paying for bills associated with a spinal injury she sustained after a car accident. That injury forced her to miss last July’s bar exam and has limited her ability to work a regular job.
“I’m banking on this to pay my bills, literally,” she said, adding, “This is my livelihood.”
Mr. Defazio-Farrell said he was unsure how he was going to pay off his student loans without a lawyer’s salary.
“I’m not employed at the moment, and getting back into it is going to be difficult without a license,” he said.
For others, the thought of committing yet more time for the test presents more than financial anxiety. Becky Hoffman, 38, said she decided to pursue becoming a lawyer in part to give her three young children a better life, and sacrificed spending time with them over the past three and half years during law school.
She wrote over 45 essays and took over 1,600 multiple choice questions to prepare in the weeks leading up to the exam.
After the second day of testing ran late on Wednesday because of glitches, Ms. Hoffman stepped outside the testing site where her wife and children were waiting to take her home.
“I tried my hardest to just be brave and tell them that it’s over, and mommy is done, and I’m so happy to be able to spend more time with you,” she said. “And I don’t know if that’s true or not.”
Shawn Hubler contributed reporting.
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Video: In Charlotte, Border Patrol Arrests Send Families Into Hiding
new video loaded: In Charlotte, Border Patrol Arrests Send Families Into Hiding
transcript
transcript
In Charlotte, Border Patrol Arrests Send Families Into Hiding
After Border Patrol agents showed up to an afterschool care facility for immigrant children in Charlotte, N.C., staff members mobilized to deliver food and essentials to local families in hiding. The New York Times spoke to one mother with three children who said they have not left their home in several days.
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This afterschool program in East Charlotte has been a safe space for immigrant children. But today, there are reports that Customs and Border Patrol agents are approaching. Staff rush to lock down the building. They say this is the second day in a row that immigration enforcement has showed up. We’re walking up right now to a CBP sighting here. In a statement to The Times, the Department of Homeland Security stated it did not target a school or daycare, and denied trying to enter or make any arrests near the building. Across Charlotte, more than 370 people have been arrested so far, sending large parts of the immigrant community here into hiding. A lot of families, even regardless of legal status, they’re afraid and they’re staying home. People aren’t going to work. Businesses are closing, and kids aren’t going to school. According to city officials, about 20 percent of the city’s student population was missing from school on Monday. Maria asked to only be identified by her first name for fear of being arrested. She said she and her husband, who are both undocumented, and their three children have not left home in four days. Ourbridge suspended its afterschool program after Border Patrol showed up on Monday. Its staff is now delivering food and essentials to families like Maria’s, who remain in hiding with their children. These specific families that we’re heading to right now, they contacted our team and they let us know what specifically they needed. So that’s what we’re dropping off. In just two days, their number of requested deliveries jumped from 40 to 267. Maria said she doesn’t know when the immigration operation will end, but she and her husband will stay home until it does.
By Ang Li, Alex Pena and Amy Marino
November 22, 2025
News
Marjorie Taylor Greene could have led the anti-Trump resistance but the mob boss got his way
It has been a head-spinning 48 hours in Washington. Liberal TV host Rachel Maddow showed up at the funeral of conservative vice-president Dick Cheney. Donald Trump embraced Zohran Mamdani, a democratic socialist set to be the first Muslim mayor of New York, like a brother.
And then Marjorie Taylor Greene, a Trump acolyte-turned-nemesis who bested him over the release of the Jeffrey Epstein files, stunned the political establishment again. In what should have been her hour of triumph, the Maga star abruptly announced that she was quitting the House of Representatives.
Everyone seemed surprised but one man was very happy. “I think it’s great news for the country,” Trump told ABC News. “It’s great.”
It was also great news for a president having the worst month of his second term. Trump’s approval rating is in freefall. Democrats romped to victory in elections. Unthinkably, even the Republican party is finding a spine, defying him on the Epstein files, Senate filibuster and congressional redistricting in Indiana.
They know that every day takes Trump a little further away from his epic comeback victory in 2024 and a little closer to the status of a lame duck. Watching the limelight and cameras shift from the Oval Office to his would-be successors may be too much for him to bear.
But Greene’s departure shows all that may be wishful thinking for now. In one timeline, she could have used the Epstein win as the foundation of an anti-Trump resistance in the Republican ranks. The party has spent the past decade demonstrating that cowardice is contagious; perhaps the courage to reassert congressional autonomy would be too.
It was not to be. Instead Greene follows the likes of fellow dissenters Liz Cheney, Bob Corker, Jeff Flake and Adam Kinzinger in heading for the exit. Trump has presided over the homogenisation of the Republican party: you are loyal to him or you are out. He drives out opposition with the fear and intimidation tactics of a mob boss.
Trump’s backing can make all the difference in Republican primary contests that select which candidate will run for Congress. He endorsed a challenger to Cheney in Wyoming and she was duly unseated. Weary of Greene’s independent streak, he called her “wacky”, accused her of going “far left” and pledged to endorse a primary challenger “if the right person runs”.
Greene could have fought a primary in her Georgia district and maybe won. But it would have taken place in a poisonous and violent political climate. She says the insults from Trump have already led to unwanted pizza deliveries, hoax emergency calls and death threats. He has given his antagonists too many reasons not to run.
Explaining her decision, Greene said: “I have too much self-respect and dignity, love my family way too much, and do not want my sweet district to have to endure a hurtful and hateful primary against me by the president we all fought for, only to fight and win my election while Republicans will likely lose the midterms. I refuse to be a battered wife hoping it all goes away and gets better.”
The image of a “battered wife” is one that will linger, especially in light of Trump’s recent misogynistic outbursts and those who defend them.
Greene, 51, did not indicate in her resignation speech what she will do next. Her sudden break from Trump prompted speculation that she is lining up her own presidential bid in 2028, although she has dismissed that “baseless gossip”.
Democratic congressman Jamie Raskin told the Axios news site on Friday: “I wouldn’t be surprised if MTG runs for president as a rightwing independent in 2028.”
Kinzinger said on the Bulwark podcast: “I’ll give her a little credit, which is she could see the tea leaves, which is like, Trump is going away, if I want to run for president or governor or whatever – I can be the former crazy that now is normal. It’s not a bad tactic to be honest with you because you’ll maintain credit with the crazies.”
When it comes to crazy, Greene used to be most famous for endorsing the death penalty against her opponents, heckling Joe Biden’s State of the Union address and theorising that a wildfire was caused by a space laser controlled by a Jewish banking family. She argued in 2019 that Ilhan Omar and Rashida Tlaib, both Muslim women, were not “official” members of Congress because they used Qur’ans rather than Bibles in their swearing-in ceremonies.
But last week she hinted at a conversion on the road to Damascus. Greene told CNN she was “sorry for taking part in the toxic politics” of recent years, acknowledging that “it’s very bad for our country”. Does this mean she will now stand for civility, tolerance and building bridges? If so, the tragedy is she will be anywhere but Washington.
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Rare earths: Federal backing and tech advances aim to help the U.S. catch up to China
A rare earth minerals mine in China’s Jiangsu province, photographed in 2010.
/AFP via Getty Images
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/AFP via Getty Images
With names like neodymium and dysprosium, rare-earth elements sound exotic — and their perceived scarcity has only added to the mystique.
In reality, rare earths aren’t that rare, but just difficult to extract and refine. Yet they’ve become indispensable to modern life, embedded in everything from our smartphones and electric-vehicle motors to wind turbines and medical imaging machines.
And demand is climbing.
The real choke point is processing and refining — a complex and environmentally sensitive step that the U.S. has lagged behind in and that China now dominates, controlling nearly 90% of global output.
The need for high-torque, compact EV motors — which use rare-earth magnets that are three to four times stronger than conventional magnets — is helping drive demand. Production of these motors is soaring by roughly a third each year. Military aircraft also rely heavily on these elements; one RAND estimate suggests an F-35 contains over 900 pounds of rare-earth materials in its engines and electronics.
Taking a private-public approach
To reduce reliance on foreign supply, the White House is pursuing U.S. self-sufficiency in rare-earth production. The federal government under President Trump has supported the sector in ways that depart from traditional free-market principles. Rather than relying solely on private industry, the federal government has followed a strategy similar to China’s, providing hundreds of millions in loans and even taking stakes in key mines and startups.
Indiana-based ReElement Technologies is among the beneficiaries of this government backing. Earlier this month, the Trump administration announced a partnership between the Pentagon, via its Office of Strategic Capital (OSC), ReElement and Vulcan Elements, a North Carolina based firm that produces rare-earth magnets for military applications.
ReElement says it has developed a more efficient, environmentally friendly method of rare-earth processing and recycling that involves chromatography. The company operates a commercialization facility in Noblesville, Ind., with a larger production site in Marion, Ind., slated to come online next year.
Stacks separate rare earths at ReElement’s Noblesville, Ind., plant.
ReElement Technologies Corp.
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ReElement Technologies Corp.
ReElement Technologies CEO Mark Jensen says confidently that by the end of 2026, “we’ll be the largest producer of rare earth oxides in the United States.”

Because China’s dominance in refining is so great, the U.S. benchmark for success is modest, according to Bert Donnes, a research analyst at investment banking firm William Blair.
ReElement, in partnership with Vulcan Elements, aims in the next few years to produce 10,000 metric tons of neodymium-iron-boron magnets used not only in EVs, but also wind-turbine generators, hard-disk drives and MRI machines. Even that ambitious target is a fraction of the approximately 230,000 tons produced globally in 2024, according to the Institute of Electrical and Electronics Engineers, or IEEE.
“I would say if you see those numbers, you think this is going to be a massive facility,” says Donnes of ReElement’s current operation. “It isn’t.”
Compared to a traditional processing facility, ReElement’s operation is compact, he says, helping avoid any “not-in-my-backyard” (NIMBY) backlash. “So it’s not like people are scared of this process. Maybe they don’t know about it as much because you can keep the process so small,” he says.
How the U.S. lost its lead
Starting in the 1980s, China began surging ahead of the U.S. and the rest of the world in rare earth production. Around the same time, environmental concerns mounted at the only major U.S. rare earth mine, Mountain Pass in California, where spills of radioactive and toxic wastewater — byproducts of refining — raised alarms.
Mountain Pass is an open-cut mine where they “drill and blast, blend their types and locations in the pit” before grinding the solid materials into smaller particles, according to Kelton Smith, a lead process engineer for mining at Tetra Tech, a global consulting and engineering services firm. A flotation process then concentrates the rare earths that are in turn leached with hydrochloric acid.
The California mine had to halt production multiple times over the years due to environmental concerns. During that time, it changed ownership and ultimately filed for bankruptcy protection before being acquired by MP Materials in 2017, which reopened the mine.
The troubles at Mountain Pass helped China to gain a foothold and eventually overtake the U.S. in rare earths — just as demand for them was rising. Beijing now produces about 60% of the world’s supply of these substances, according to the International Energy Agency. China also holds a substantial amount of the world’s proven reserves of the ores that contain these elements — roughly 34%, according to the U.S. Geological Survey, but several other countries — including the U.S. — have substantial reserves as well.
Trump’s trade war with China has made the squeeze in rare earths even more acute. Because the U.S. lacks the ability to process rare earths on a large scale, MP Materials has had to send its ore from Mountain Pass to China for refining. But no more. Instead, the company is having to ramp up its limited capability to process the ore on-site.
Further complicating the issue are expanded export controls that Beijing announced last month that require foreign companies to obtain a license in order to sell products overseas that contain Chinese-sourced rare earths.
Aaron Mintzes is deputy policy director and counsel at Earthworks, a national group focused on preventing the adverse impacts of mineral and energy development. “What we’re urging … is to do that processing in ways that reduce energy and water intensity and toxicity,” he says.

Brent Elliott, a research associate professor of geology at the University of Texas, estimates the U.S. has sufficient resources to meet demand. “It’s about the extraction potential and the logistics of getting it out of the ground in a way that is environmentally sensitive but also socially responsible,” he says.
Partly because it is environmentally messy, with toxic byproducts, Beijing has gained an advantage by ignoring those consequences. “China can do it faster and better because they don’t have the environmental concerns that we have,” Elliott says.
Many experts agree that the U.S. has enough reserves but lacks the processing capability to go along with it. Simon Jowitt, a geologist and the director of the Nevada Bureau of Mines and Geology, says there are a number of rare earth deposits in the U.S. that have potential, but it’s rarely a straightforward proposition.
“You need a source of the rare earths, some way of transporting the rare earths, some way of concentrating the rare earths, and some way of putting those rare earths into a form that they can then be extracted,” Jowitt says. “If you don’t have one of those, then you end up with something that isn’t a mineral deposit and you’ll never get anything out of it.”
Last year, China decreed new regulations for rare earth processing that include strict environmental and safety regulations, but it remains to be seen how stringent enforcement will be.
Meanwhile, it not only processes its own ore, but it imports raw ore from places like Southeast Asia and Africa. It’s part of a broader strategy by China to set itself up as a global hub for rare earths, according to Gracelin Baskaran, director of the Critical Minerals Security Program at the Center for Strategic and International Studies.
“They put a lot of state resources behind building processing capabilities, such that the minerals come from different places and then they get sent to China for refining,” Baskaran says. “What China has been extraordinarily good at is connecting their foreign policy to secure rare earths from around the world.”
A new process and federal investments
Refining is where ReElement comes in. The company uses large columns in a specialized filtration process developed at Purdue University to extract and purify valuable metals from raw ore, but also recycled rare earths from old magnets. The process is more efficient and less environmentally damaging than older methods, such as those used by China.
Jensen, the ReElement CEO, says that method, known as solvent extraction, is “ecologically challenging” and difficult to scale. “It’s a dead technology,” he says, adding that his company’s ultimate goal isn’t necessarily to achieve U.S. dominance, but to produce enough rare earths domestically to break China’s monopoly.
The One Big Beautiful Bill passed in July appropriated $7.5 billion toward securing critical minerals. Days later, the Pentagon’s Office of Strategic Capital announced a $400 million investment in MP Materials, making the U.S. government the company’s largest shareholder. The Pentagon agency plans further investments in “[c]ritical components, raw materials, and rare earth elements utilized in microelectronic manufacturing.”
As part of the deal with ReElement, Vulcan Elements will get a $620 million loan from the Pentagon’s OSC with an additional $50 million provided by the Department of Commerce under the CHIPS and Science Act signed by former President Joe Biden. ReElement Technologies will receive an $80 million loan to support the expansion of its recycling and processing operations.
“I think we’re making big strides now because of all the grants and all the critical-mineral-focused grants coming out,” says Elliott, the University of Texas geology professor. “I think it really can set us up for success.”
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