Politics
Biden's prisons chief tapped to fix lagging mental health care in California lockups

SACRAMENTO — Following through on intentions broadcast a year ago, a federal judge is putting control of California’s troubled inmate mental health programs into the hands of an outsider: President Biden’s former chief of prisons.
With inmate suicide rates at an all-time high, U.S. District Senior Judge Kimberly Mueller said her aim is to force changes in California’s prison mental health system, which a federal judge in 1995 deemed to be so poor as to constitute cruel and unusual punishment.
To do that, Mueller is naming a federal “receiver-nominee” to develop an oversight plan for psychiatric services for California’s prison population. Three prior candidates, for varying reasons, passed up the job.
Mueller’s pick to tackle the prisoner mental health care system is Colette Peters, who stepped down as Federal Bureau of Prisons director the day Donald Trump returned to the White House. The choice was announced Tuesday during a closed-door meeting with lawyers for inmates and Gov. Gavin Newsom, and published Wednesday as an order. Participants in the case said Peters has accepted a four-month position.
In that time, Mueller proposes that Peters work with opposing sides to come up with a plan of attack. Her full appointment as receiver would hinge on that plan. Lawyers for the state and for inmates have 10 days to comment on the judge’s proffer.
Newsom’s office would not immediately comment on what it described as “pending litigation.” State lawyers Tuesday told Mueller that while Peters was an acceptable choice, they reserved the right to contest California’s loss of control over a critical and expensive component of its sprawling incarceration system, a hearing participant said.
In that vein, a state lawyer in December argued that the “weighty decision” for a court takeover requires evidentiary hearings. At the time, Supervising Deputy Atty. Gen. Damon McClain said the need for a receiver was negated by improving conditions — namely the hiring of more social workers, just one of the positions for which the prison system has chronic shortfalls.
The state’s rosy depiction of improvements drew a rebuke Wednesday as the 9th Circuit Court of Appeals upheld Mueller’s July 2024 civil contempt findings against the state. The state argued it had “substantially complied” with orders to hire mental health staff “by taking all reasonable steps to comply.”
The appellate panel said that was untrue. It pointed to delays in responding to job applicants, and unaddressed grievances from staff frustrated with high workloads, lack of security protection, insufficient supplies and lousy workspaces “which often took the form of windowless converted cells in old and unheated prisons.”
The appellate opinion noted the state did not rebut this evidence or show why it could not address those problems.
Lawyers for inmates in the long-running class-action lawsuit described Mueller’s decision to name a receiver-nominee as a breakthrough. Plaintiff’s attorney Michael Bien said a receiver is empowered to make decisions that otherwise could be entangled in years of litigation. Dockets show lawyers for both sides have been wrangling for years over a policy to permit half of mental health staff to work remotely and deliver care by video and phone.
More than 34,000 inmates — more than a third of the California prison population — are considered to have some sort of serious mental disorder. According to court findings, not once in 35 years of litigation has California had enough mental health staff to provide an acceptable minimum level of care.
Court declarations cite a 2023 state analysis that found that of the 30 inmates who killed themselves in 2023, more than a fourth had received inadequate mental health care because of understaffing. One who hanged himself with a bedsheet had not had a mental health visit for more than seven months.
A special master appointed by the court to do fact-finding in the case said last year that a “bona fide mental health staffing emergency” persisted and in some prisons had gotten worse. The report concluded that only 38% of reviewed patients received adequate care.
The class-action lawsuit is named after a 1990 complaint filed by inmate Ralph Coleman, objecting to a lack of psychiatric services at Pelican Bay State Prison. It was expanded by prison rights attorneys to address what they allege are lapses in care that have resulted in inmate suicides, mentally ill prisoners being held naked in barren isolation cells and lengthy waiting lists for treatment.
In the course of the proceedings, prison rights attorneys have shown videotapes documenting the use of pepper spray, restraints, hoods and batons on mentally ill inmates in the throes of psychotic episodes.
Mueller, a former Sacramento City Council member who studied law at Stanford, was named to the Eastern District bench in 2010 by President Obama. She inherited the Coleman case from Judge Lawrence Karlton, who died in 2015 after retirement.
The Coleman case is one of two landmark class-action suits against California’s prison system that have been overseen by a three-judge panel that 10 years ago issued sweeping orders requiring California to reduce prison crowding.
The companion case found medical care in the prisons to be so poor as to cause preventable deaths, and resulted in appointment of its own federal receiver in 2006. Still present, that receiver has mandated increased funding for medical care and electronic health records, among other changes. Given the improvements, the court in 2015 began returning control of medical services to the state, one prison at a time. That process is nearly complete.
The Coleman case has so far failed to bring about similar improvements in inmate psychiatric care. As the prison population overall has decreased, the percentage of inmates in need of mental health services has risen.
Citing “ongoing constitutional violations,” Mueller in 2023 asked the U.S. attorney general to weigh in on California’s staffing for inmate mental health care and lagging efforts at suicide prevention.
“The state repeatedly has fallen short of its constitutional obligations in a number of critical areas: suicide prevention; the treatment of mentally ill inmates in administrative segregation; those inmates’ access to higher levels of care, including mental health crisis beds; and staffing,” she wrote in her 2023 petition.
Though the Ninth Circuit upheld Mueller’s 2024 contempt finding against California, the appellate panel asked the judge to show calculations for the associated monthly fines, which now exceed $197 million. The amount is intended to reflect the savings the state realizes from leaving prison mental health jobs unfilled.
In 2024, Mueller wrote that the contempt order and fines were having little impact.
“The court has exhausted virtually every mechanism for prodding defendants to finally achieve compliance,” Mueller wrote in a July 2024 order contemplating appointment of a receiver.
In the prison medical care case, the receiver crafted a turnaround plan for the state, ramped up physician salaries and negotiated with the administration for funding to build medical facilities. The medical receiver launched an electronic records system, tackled disease outbreaks including Valley Fever, and even monitored the health of prisoners staging a systemwide hunger strike.
It’s not yet clear what powers a mental health receiver would be given.
As head of the federal prison system under Biden from 2022 to early 2025, Peters confronted issues such as crumbling infrastructure, inadequate staffing and a scandal at a federal women’s prison in Alameda County so beset by allegations of sexual abuse that it was dubbed “the rape club.” She ordered that prison closed down.
Prior to that, she ran Oregon’s state prison system.

Politics
Trump Endorses Brad Schimel in Wisconsin Supreme Court Race

After weeks of appeals from Wisconsin Republicans, President Trump on Friday night endorsed Brad Schimel, the conservative candidate in a hard-fought contest that will decide control of the Wisconsin Supreme Court.
“All Voters who believe in Common Sense should GET OUT TO VOTE EARLY for Brad Schimel,” Mr. Trump posted on his social media site. “By turning out and VOTING EARLY, you will be helping to Uphold the Rule of Law, Protect our Incredible Police, Secure our Beloved Constitution, Safeguard our Inalienable Rights, and PRESERVE LIBERTY AND JUSTICE FOR ALL.”
The endorsement of Judge Schimel was hardly surprising, but Wisconsin Republicans had eagerly awaited Mr. Trump’s intervention, hoping for a burst of conservative energy in their bid to upend the State Supreme Court’s 4-to-3 liberal majority.
Judge Schimel, a Waukesha County judge, has long been a Trump loyalist, repeatedly defending the president in public and dressing as him for Halloween last fall. Last weekend, Judge Schimel posed for a photo in front of a towering inflatable representation of Mr. Trump at a Republican Party dinner in Wisconsin.
Judge Schimel faces Susan Crawford, a liberal Dane County judge, in an April 1 election that has already broken spending records for a judicial contest. A super PAC funded by Elon Musk, the billionaire White House aide, has spent $6.6 million on canvassing and get-out-the-vote operations to back Mr. Schimel. The group has also promised $100 for any voter in Wisconsin who signs a petition “in opposition to activist judges,” an attempt to identify and turn out conservative voters.
For weeks, Judge Schimel and his allies have beseeched Mr. Trump to get involved in the race. Judge Schimel told a private group of supporters that he had asked Mr. Trump’s political aides to hold a rally on the judge’s behalf in the state. Former Gov. Scott Walker, a Republican, said in a recent interview that he had asked the White House to send Mr. Trump to Wisconsin.
Judge Crawford’s campaign did not seem impressed by Mr. Trump’s endorsement.
“Schimel has spent his entire career on bent knee to right-wing special interests,” said Derrick Honeyman, a campaign spokesman. “We assumed he had this endorsement locked up months ago.”
Politics
NASA considers getting rid of Washington, D.C., headquarters: report

NASA is considering getting rid of its Washington, D.C., headquarters as part of the Trump administration’s effort to shrink the size of the federal government, according to a report.
The move could affect as many as 2,500 jobs at the space agency and redistribute operations to NASA’s 10 field centers, Politico reported Friday, citing two sources familiar with the matter.
“The NASA headquarters building lease is up in 2028, and the agency is looking at options to lease a different facility in the Washington, D.C., area,” a NASA spokesperson told Fox News Digital in a statement. “NASA does not have plans to build a new headquarters. In compliance with the executive order signed Jan. 20, NASA employees, including at NASA headquarters, returned to full-time onsite work by Feb. 28.”
It also comes after the administration recently let about 20 people go from its D.C. headquarters, including its chief scientist, according to The New York Times.
EXPERTS REVEAL HOW LONG IT WILL TAKE NASA ASTRONAUTS TO RECOVER AFTER NINE MONTHS STRANDED IN SPACE
NASA is considering getting rid of its Washington, D.C., headquarters as part of the Trump administration’s effort to shrink the size of the federal government, according to a report. (Celal Gunes/Anadolu Agency via Getty Images)
Members of Congress earlier this year proposed moving NASA’s headquarters to Florida, where its Kennedy Space Center is located, or to Cleveland, home of its Glenn Research Center.
“This is a no-brainer for @DOGE,” Florida Gov. Ron DeSantis said of moving NASA’s headquarters there. “Right now the Feds are planning on a building a new, expensive headquarters in DC for NASA — even though very few NASA employees have showed up to the current DC office over the past four years!”
SPACEX TO SEND STARSHIP TO MARS NEXT YEAR, ELON MUSK CONFIRMS
“To optimize our workforce, and in compliance with an executive order, NASA is beginning its phased approach to a reduction in force, known as a RIF,” Cheryl Warner, a NASA spokeswoman, said in an email, according to The New York Times. “A small number of individuals received notification Monday they are a part of NASA’s RIF.”
Much of the day-to-day work of NASA happens at its 10 field centers in eight states, but its Washington headquarters connects it more to Congress and the federal government, according to Politico.

One proposal suggests moving NASA’s headquarters to Florida. (Joe Raedle/Getty Images)
In addition to limiting its influence within Washington, the absence of a D.C. headquarters would make coordinating with international partners on matters like the International Space Station more difficult.
NASA’s 10 field centers include Ames Research Center, Armstrong Flight Research Center, the Jet Propulsion Laboratory in California, the Glenn Research Center in Ohio, the Goddard Space Flight Center in Maryland, the Johnson Space Center in Texas, the Kennedy Space Center in Florida, the Langley Research Center in Virginia, the Marshall Space Flight Center in Alabama and the Stennis Space Center in Mississippi.
Politics
Contributor: The chief justice is to blame for the Supreme Court's free fall
At his 2005 Senate confirmation hearing to be chief justice of the United States Supreme Court, John G. Roberts Jr. famously invoked America’s national pastime in describing his view of the judicial role in our constitutional order: “Judges are like umpires. Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see the umpire.”
If only!
Unfortunately, Roberts’ actual career on the high court has been one extensive repudiation of his lofty “umpire” proclamation. In exalting above all other concerns his personal conception of the institutional integrity of the Supreme Court, and by extension the entire judiciary, Roberts has ironically done more than anyone else to delegitimize the courts. His recent wildly out-of-line criticism of President Trump’s call for impeachment of a rogue lower-court judge is just the latest example. For the court’s own sake, in these politically tense times, Roberts must change course immediately.
Roberts first showed his hand in the landmark 2012 Obamacare case, NFIB vs. Sebelius. As was initially reported by CBS News’ Jan Crawford in the immediate aftermath of the decision and subsequently reported in later years by other court-watchers such as CNN’s Joan Biskupic, Roberts initially intended to rule against the constitutionality of the healthcare law’s individual mandate — its most controversial feature.
But at some point during the court’s deliberations, Roberts changed his mind. He decided that he could throw a bone to the court’s conservative bloc by ruling against the mandate on Commerce Clause grounds, which the law’s drafters and the Obama administration alike had cited as its constitutional basis. But Roberts threw an even larger bone to the court’s liberal bloc, unilaterally opting to rewrite the statute so as to construe the mandate as a “tax” — which Obama himself had repeatedly told a skeptical public that it was not. Obama’s signature domestic achievement was thus upheld.
That is not what a judicial “umpire” calling legal “balls and strikes” looks like. Making matters worse, the timing of Roberts’ flip coincided with Obama’s spring 2012 Rose Garden speech, in which he ludicrously described the possibility that the Supreme Court could nullify his healthcare law as “unprecedented” or “extraordinary.” Did the chief justice conveniently switch his vote in a historically important case so as to mistakenly attempt to maintain the high court’s “institutional integrity” in the face of an imperious president? It certainly seems so.
In the years since the Sebelius decision, there have been any number of additional examples of Roberts ruling in a high-profile case in a way that can only be construed as a clumsy attempt to make “both sides” of the court — and both sides of the broader American public — happy. In the 2022 abortion case of Dobbs vs. Jackson Women’s Health Organization, which mercifully overturned the Roe vs. Wade decision of 1973, Roberts notably refused to join the Samuel Alito-written majority opinion, opting to write separately and merely concur in the judgment. It was a classic Roberts move: He argued the court could uphold Mississippi’s underlying 15-week abortion ban statute without overturning Roe.
Roberts’ Dobbs stunt was legally incoherent to the point of outright intellectual dishonesty, but it was politically convenient for Roberts’ idiosyncratic conception of the role of the Supreme Court chief justice — that of a jurist who should somehow attempt to “rise above the fray” and steer the ship of the court in a way that preserves the court’s public image and integrity. But once again: That is certainly not what a judicial “umpire” calling legal “balls and strikes” looks like.
Roberts’ pointed criticism this week of Trump’s call for the impeachment of Judge James Boasberg, who last weekend ruled that midair flights deporting individuals alleged to be associated with a Venezuelan gang had to be turned around, is in line with his history of prioritizing — in ham-handed and self-aggrandizing fashion — what he believes to be the judiciary’s integrity. But on this particular score, Roberts is dead wrong.
Judicial impeachment is a well-established remedy for rogue judicial behavior that goes back to the Jefferson presidency in the early 1800s. It is explicitly countenanced by Article III of the constitutional text, which states that federal judges shall sit only “during good behaviour” — which historically has been understood as coterminous with the “high Crimes and Misdemeanors” clause for presidential impeachment, not related to the substance of decisions, because appeals are considered the route for disagreeing with rulings.
Impeachment is here, there and everywhere a fundamentally political judgment: It is appropriate, Alexander Hamilton wrote in the Federalist No. 65, where there has been “abuse or violation of some public trust.” That is not a legally justiciable standard — it is the bailiwick of politicians, who must exercise prudence and discernment.
Roberts’ most recent outburst is even more absurd given the specific legal context of Boasberg’s standoff with Trump. In this instance, Boasberg ruled against the president’s ability to enforce the nation’s immigration laws. But the “plenary power doctrine” of constitutional law has long held that the judiciary has no business getting involved when the political branches wish to secure our sovereignty. As the notes to the U.S. government’s official online Constitution, available at Congress.gov, state: “[T]he Supreme Court’s jurisprudence reflects that … the Court will accord substantial deference to the government’s immigration policies, particularly those that implicate matters of national security.”
It seems Boasberg and Roberts need a remedial legal lesson or two.
Fortunately for Roberts, there is something he can do to actually help the judiciary regain credibility in the eyes of the public: He must expedite the Supreme Court’s review, and overturning, of outrageous lower-court decisions that are based less in law than they are in paroxysms of frothing Trump-hatred.
It is true, as it is often now said, that we are in the throes of a constitutional or legal crisis. It just isn’t coming from the direction those claiming as much think it is. The true crisis is coming from an unhinged lower-court judicial insurrection.
If only there were a person uniquely situated to bring these judges to heel and thereby bring the crisis to a halt, thus re-legitimizing the judiciary in earnest. If only!
Josh Hammer’s latest book is “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.” This article was produced in collaboration with Creators Syndicate. @josh_hammer
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