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What Ketanji Brown Jackson might be grilled about in her Supreme Court confirmation hearings

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What Ketanji Brown Jackson might be grilled about in her Supreme Court confirmation hearings

“It is going to be an historic second on Monday, as Choose Jackson seems earlier than the committee,” Senate Judiciary Chairman Dick Durbin stated on the Senate flooring final week. “Her {qualifications} are distinctive. In each function she’s held, she has earned a repute for thoughtfulness, evenhandedness, and collegiality.”

The 2 days of Jackson questioning will start Tuesday, after a spherical of proceedings Monday that includes opening statements and her introduction.

Here’s what would possibly come up at her listening to.

‘Mushy on crime’ framing

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Senate Judiciary Republicans have grilled decrease court docket nominees on legal justice insurance policies that they describe as tender on crime. And in flooring remarks on Thursday, Senate Minority Chief Mitch McConnell previewed that concentrate on Jackson. His speech critiqued the reward she has acquired from supporters for the way her expertise as a public defender provides her “empathy” as a choose.

“Even amidst the nationwide crime wave, a disproportionate share of the brand new judges President (Joe) Biden has nominated share this skilled background that liberals say provides particular empathy for legal defendants,” the Kentucky Republican stated. He added that Biden “is intentionally working to make the entire federal judiciary tender on crime.”

Jackson could level to her private background to counter this assault, as she has finished earlier than. With an uncle who was prosecuted for a drug offense, and a number of other members of her household — together with her brother — who served in legislation enforcement, Jackson has relationships that she says have helped her see either side of the difficulty.

Scrutiny of her strategy to youngster porn offenses

An extension of the “tender on crime” assault is the declare, considerably misleadingly made by GOP Sen. Josh Hawley final week, that Jackson is tender on youngster pornography crimes.

His claims depend on two components: First is her sentencing document in some instances, which is throughout the mainstream of what number of different judges strategy the offenses in query; second are statements she’s made in regards to the authorized points round intercourse crimes, together with in a 1996 legislation assessment article and in her function on the sentencing fee.

Among the sentencing fee feedback Hawley highlighted had been in response to the testimony of witnesses at fee hearings. A assessment of the listening to transcript and interviews with two consultants who testified belie the declare that Jackson confirmed leniency towards youngster pornography throughout a daylong session that Hawley quoted from in questioning her document. Nonetheless, the Missouri Republican has stood by his criticism.

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Work on the US Sentencing Fee

Along with the fee work on youngster intercourse crimes, different elements of Jackson’s tenure there might come up. Earlier than serving as vice chair, she served a two-year stint as an assistant particular counsel for the fee within the mid-2000s.

Republicans are poring over 1000’s of paperwork for extra data on the stances she took whereas working for the fee.

Assist from teams that push Supreme Courtroom enlargement

At her 2021 listening to, a number of Republicans requested her in regards to the assist her nomination had acquired from the left-wing group Demand Justice and different progressive organizations which have advocated for increasing the variety of justices on the Supreme Courtroom. Jackson declined to weigh in on the thought.

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Her refusal to reply the query in her current assembly with McConnell, in line with his account of their dialogue, has prompted criticism from the Kentucky Republican.

Anticipate Democrats to notice that Trump nominee and now Justice Amy Coney Barrett also dodged the court docket enlargement query when she was testifying in her Supreme Courtroom affirmation listening to.

Does she have a judicial philosophy?

Republicans say they weren’t happy that Jackson didn’t elaborate on a particular judicial philosophy — similar to originalism or the “dwelling Structure” strategy — throughout her DC Circuit nomination listening to. They’re more likely to ask questions that attempt to suss out extra about how she approaches the legislation.

Advocacy for Guantanamo Bay prisoners

As a public defender, Jackson represented a Guantanamo Bay detainee, however it’s her advocacy for detainees whereas she labored at a non-public agency that Republicans are significantly skeptical of.

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“More often than not you’ve got a alternative of who your purchasers are. And generally you ought to simply say, simply say no,” Sen. John Cornyn, a Texas Republican who sits on the Judiciary Committee, instructed CNN earlier this month.

The advocacy got here within the type of amici briefs, penned whereas an legal professional on the agency Morrison & Foerster, supporting detainees in instances earlier than the Supreme Courtroom. A 5-4 ruling, with then-Justice Anthony Kennedy becoming a member of the 4 justices within the liberal wing on the time, in a case known as Boumediene v. Bush established that Guantanamo prisoners had habeas corpus rights.

Choices in politically charged instances

Jackson has twice dominated in opposition to former President Donald Trump or his administration in instances regarding the disclosure of data from his White Home.
The primary was the 2019 opinion she penned as a district court docket choose wherein she wrote that “Presidents are usually not Kings” whereas rejecting the Trump administration’s argument that White Home counsel Don McGahn was completely immune from a congressional subpoena. (After a number of twists on the DC Circuit degree, the case was finally settled by the Biden administration).
Late final 12 months, Jackson was on the DC Circuit panel that unanimously rejected Trump’s makes an attempt to stop the discharge of his White Home information to the Home committee investigating the January 6 rebellion — a call the Supreme Courtroom refused to overturn.
Republicans could search to distinction these rulings favoring disclosure with a 2015 Freedom of Data Act resolution she issued shielding the emails of an aide to former Secretary of State Hillary Clinton.

Ruling in opposition to Trump administration immigration initiatives

In 2019, Jackson halted a Trump administration transfer to broaden the classes of noncitizens that could be subjected to expedited deportation procedures in a ruling that finally was reversed on enchantment.

Sen. Marsha Blackburn, a Republican from Tennessee, introduced up the case throughout Jackson’s 2021 circuit court docket nomination listening to.

“I’ve plenty of immigration instances and in these instances — just like the one you talked about — what I’m doing is, I’m evaluating the … immigration legal guidelines’ very complicated scheme, the info within the explicit case and the claims which are being made, the arguments of the events,” Jackson stated on the time. “I’m not assessing the coverage.”

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Jackson additionally notably dismissed Trump-era lawsuits in search of to problem the constructing of a wall alongside the US Southern border.

Professional-labor rulings in opposition to Trump-era public union insurance policies

In two separate instances — a 2022 DC Circuit case and a 2018 district court docket opinion — Jackson issued rulings principally favorable to labor that challenged Trump-era insurance policies focusing on public unions.

Service on Montrose Christian College board

The time Jackson spent on the board of Montrose Christian College, a non-public Christian college in Maryland, between 2010 and 2011 was a subject of Republican questioning in her appellate affirmation listening to, the place she distanced herself from the stances the college took in opposition to same-sex marriage and abortion.

Whereas asserting her dedication to the ideas of spiritual liberty, she stated on the 2021 affirmation listening to, “I’ve served on many boards and I do not essentially agree with the entire statements of all of the issues that these boards may need of their supplies.”

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Abortion rightsassociated advocacy

Jackson has not issued any substantive opinions on abortion rights. However as a district court docket choose, she halted the Trump administration’s makes an attempt to dam federal funding to Deliberate Parenthood.
Her work as a non-public legal professional, on an amicus transient supporting a Massachusetts clinic’s buffer zone legislation, has additionally attracted the ire of anti-abortion rights teams. The Supreme Courtroom finally struck down the legislation.

CNN’s Alex Rogers contributed to this story.

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Russia launches Christmas Day attack on Ukraine’s energy system

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Russia launches Christmas Day attack on Ukraine’s energy system

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Russia has carried out a Christmas Day attack on Ukraine’s energy system, leaving more than half a million people without heating, water and electricity. 

Ukrainian President Volodymyr Zelenskyy said the attack, the 13th large-scale assault of 2024 on the country’s grid, was “deliberate” and not a coincidence. “What could be more inhuman?” he wrote on X.

About 50 of the 70 missiles fired in the attack were intercepted, along with a “significant” portion of the more than 100 attack drones deployed, he added.

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This year Ukrainians marked Christmas Day on December 25 for the second time, after switching to the western Gregorian calendar last year. The decision to stop celebrating Christmas on January 7 in line with the Orthodox calendar was made by Kyiv to break with Russian influence.

Oleh Syniehubov, governor of Ukraine’s eastern Kharkiv region, told Ukraine’s national television news that the attack had left more than 500,000 people without heating, water and electricity.

Temperatures across Ukraine are around freezing point.

Heating supplies were also cut in some areas of Ukraine’s Ivano-Frankivsk and Dnipropetrovsk regions, in the west and south of the country. 

Ukraine’s energy grid operator, Ukrenergo, urged consumers to limit consumption by not switching on multiple appliances at once, adding that the system was still recovering from the previous Russian attack on December 13.

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Ukraine’s largest private energy company, DTEK, said that its power stations had been damaged and one of its long-term employees killed.

Ukraine’s foreign minister, Andriy Sybiha, said on X that the attack reflects Russian President Vladimir Putin’s response to “those who spoke about illusionary ‘Christmas ceasefire’”.

Hungarian Prime Minister Viktor Orbán said last week that Zelenskyy had rejected his proposal for a ceasefire and prisoner exchange on the January 7 Orthodox Christmas.

Ukraine denied that such a proposal was ever on the table, asking Hungary to “refrain from manipulations” regarding the war. On Friday, Heorhii Tykhyi, spokesperson for Ukraine’s foreign ministry, described it as “PR, a move” by Orbán.

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American Airlines lifts ground stop that froze Christmas Eve travelers

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American Airlines lifts ground stop that froze Christmas Eve travelers

An American Airlines agent talks to a customer at O’Hare International Airport in Chicago, Ill., last week. On Tuesday, the airline issued a national halt to flights.

Kamil Krzacznski/AFP via Getty Images


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Kamil Krzacznski/AFP via Getty Images

American Airlines passengers across the U.S. endured a sudden disruption of service on Christmas Eve, as a “technical issue” forced the airline to request a nationwide ground stop of its operations.

“The ground stop has now been lifted,” the Federal Aviation Administration told NPR shortly after 8 a.m. ET.

On Facebook and X, passengers shared stories of boarding planes early on Christmas Eve — only to be left waiting on the tarmac. In some cases, they described being told the flight would return to its gate so everyone onboard could deplane.

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The ground stop lasted for about one hour, according to the airline.

 “We sincerely apologize to our customers for the inconvenience this morning,” the airline said.

In a statement sent to NPR, American says the widespread delays were caused by a “vendor technology issue” affecting systems that are needed for a flight to be “released” — one of the final key steps before a plane takes off from an airport.

Early circumstances around Tuesday’s outage seemed ominous, reminding travelers of a nightmare scenario that played out two years ago when computer problems fueled a meltdown for Southwest Airlines as it tried to cope with bad weather during the holidays.

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Southwest stranded millions of travelers — and was later ordered to pay a $140 million civil penalty.

Aviation industry veterans like George Hamlin, a consultant, notes that Southwest took the brunt of the blame for the meltdown — but, he adds, “now we’re finding out that it’s a larger, more endemic problem than that.”

Delayed American Airlines passengers who posted to social media Tuesday said pilots blamed the slowdown on a computer system that aims to ensure an optimal center of gravity by balancing planes’ cargo weight and other factors.

Winter weather also threatens to snarl Christmas Eve travel, including storms along the East and West Coasts of the U.S.

The FAA’s operations page shows nearly a dozen airports were deicing planes Tuesday morning, including at Philadelphia International, and Dulles International and Reagan National outside Washington, D.C.

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If you’re flying, the FAA recommends checking your airline’s flight status updates for potential delays. As of 9 a.m. ET, the FlightAware website’s “Misery Map” showed some 544 flights had been delayed and five canceled since 6 a.m. Nearly 120 of those delays were at Charlotte, N.C.’s, airport.

Nearly 12.7 million passengers are expected to fly on American Airlines this winter holiday season, comprising more than 118,000 flights, according to the airline. The most-traveled days in that span are both Fridays, ahead of and just after Christmas.

NPR’s Joel Rose contributed reporting.

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Private equity payouts fell 50% short in 2024

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Private equity payouts fell 50% short in 2024

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Private equity funds cashed out just half the value of investments they typically sell in 2024, the third consecutive year payouts to investors have fallen short because of a deal drought.

Buyout houses typically sell down 20 per cent of their investments in any given year, but industry executives forecast that cash payouts for the year would be about half that figure.

Cambridge Associates, a leading adviser to large institutions on their private equity investments, estimated that funds had fallen about $400bn short in payments to their investors over the past three years compared with historical averages.

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The data underline the increasing pressure on firms to find ways to return cash to investors, including by exiting more investments in the year ahead.

Firms have struggled to strike deals at attractive prices since early 2022, when rising interest rates caused financing costs to soar and corporate valuations to fall.

Dealmakers and their advisers expect that merger and acquisition activity will accelerate in 2025, potentially helping the industry work through what consultancy Bain & Co. has called a “towering backlog” of $3tn in ageing deals that must be sold in the years ahead.

Several large public offerings this year including food transport giant Lineage Logistics, aviation equipment specialist Standard Aero and dermatology group Galderma have provided private equity executives with confidence to take companies public, while Donald Trump’s election has added to Wall Street exuberance.

But Andrea Auerbach, global head of private investments at Cambridge Associates, cautioned that the industry’s issues could take years to work through.

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“There is an expectation that the wheels of the exit market will start to turn. But it doesn’t end in one year, it will take a couple of years,” Auerbach said.

Private equity firms have used novel tactics to return cash to investors while holdings have proved difficult to sell.

They have made increasing use of so-called continuation funds — where one fund sells a stake in one or more portfolio companies to another fund to another fund the firm manages — to engineer exits.

Jefferies forecasts that there will be $58bn of continuation fund deals in 2024, representing a record 14 per cent of all private equity exits. Such funds made up just 5 per cent of all exits in the boom year of 2021, Jefferies found.

But some private equity investors are sceptical that the industry will be able to sell assets at prices close to funds’ current valuations.

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“You have a huge amount of capital that has been invested on assumptions that are no longer valid,” a large industry investor told the Financial Times.

They warned that a record $1tn-plus in buyouts were struck in 2021, just before interest rates rose, and many deals are carried on firms’ books at overly optimistic valuations.

Goldman Sachs recently noted in a report that private equity asset sales, which had historically been done at a premium of at least 10 per cent to funds’ internal valuations, have in recent years been made at discounts of 10-15 per cent.

“[Private] equity in general is still over-marked, which is leading to this situation where assets are still stuck,” said Michael Brandmeyer of Goldman Sachs Asset Management in the report.

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