Politics
David H. Souter, a retired Supreme Court Justice, has died
WASHINGTON — Retired Supreme Court Justice David H. Souter, the shy and frugal small-town New Englander who was touted as a conservative but surprised his Republican backers and nearly everyone else by becoming a staunch liberal on the high court, has died, the court said in a statement Friday. He was 85.
Souter stepped down in 2009 after nearly two decades on the court where he cast key votes to uphold laws on campaign finance, environmental protection, civil rights and church-state separation. He also played a crucial role in upholding a woman’s right to choose abortion in 1992.
Chief Justice John G. Roberts said in a statement that “Justice Souter served our court with great distinction for nearly 20 years. He brought uncommon wisdom and kindness to a lifetime of public service.”
Souter often said he liked the court work, but he did not like living in Washington and looked forward to returning home.
“After retiring to his beloved New Hampshire in 2009, he continued to render significant service to our branch by sitting regularly on the court of appeals for the First Circuit,” Roberts said.
As an appointee of President George H.W. Bush, Souter was expected to join with then-Chief Justice William H. Rehnquist and other conservatives who were determined to overturn Roe v. Wade, the landmark 1973 decision that expanded abortion rights.
But when a Pennsylvania test case came before the court in 1992, Souter instead joined moderate Justices Sandra Day O’Connor and Anthony M. Kennedy to affirm the right to abortion. Souter saw the issue as a matter of precedent.
Repealing the constitutional right to abortion would be “a surrender to political pressure,” he wrote. “To overrule under fire in the absence of the most compelling reason to re-examine a watershed decision would subvert the Court’s legitimacy beyond any serious question.”
That decision stood for 30 years, but in 2022, three new justices appointed by President Trump played key roles in overturning the constitutional right to abortion and leaving it to the states to decide.
Souter had also cast key votes to maintain church-state separation. In 1992, he joined a 5-4 decision that upheld the strict ban on school-sponsored prayers at graduations. The five justices who voted to uphold the abortion right and the ban on school prayers were all Republican appointees.
But they no longer reflected the views of a more socially conservative GOP, and Souter was denounced by some in the party as a turn-coat. By the late 1990s, “No more Souters” had become a rallying cry for conservative legal activists.
“Justice Souter was a judicial version of a disappearing phenomenon: the moderate New England Republican,” said Pamela Karlan, a professor at Stanford Law School. “He was not a true liberal and would not have been a liberal on the court of the 1960s and ‘70s. But he believed in privacy and civil rights and precedents, and that made him a liberal on the court of his day.”
He was unusual in other ways. Shortly after he arrived as a new justice in 1990, he was dubbed one of the city’s “most eligible bachelors” in the Washington Post, leading to a series of dinner invitations. He usually found himself seated between a single woman and a guest who spoke only Japanese, he later joked.
Souter became adept at turning down invitations. He would dine with Justice John Paul Stevens and his wife, or with O’Connor, but mostly he worked and ate alone. He spent evenings jogging along the waterfront near his small apartment.
Whenever the court took an extended break, Souter drove to the farmhouse where he grew up in tiny Weare, N.H., so he could hike.
He was in good health and not yet 70 when President Obama moved into the White House in early 2009. Soon after, Souter passed word that he intended to retire. Obama chose Judge Sonia Sotomayor, the first Latina on the high court, to replace him.
Souter was dubbed a “stealth nominee” when he arrived in Washington in 1990, and he remained a mystery when he left. He did no interviews and made no public statements.
Back in New Hampshire, he continued to serve part time as a retired judge on the 1st Circuit Court of Appeals in Boston, deciding low-profile cases out of the public spotlight.
Souter was not the first justice to surprise the president who appointed him, but he may be among the last. Since Souter’s time — and indeed, partly in reaction to him — presidents have carefully selected court nominees with public records showing they shared similar views on legal issues.
Souter had deep ties to the Republican Party. He carried a gold watch that was a prized possession of a great-great-grandfather who attended the Republican party convention of 1860 that nominated Abraham Lincoln as president.
The GOP supported environmental conservation and the separation of church and state when Souter was growing up. But it grew increasingly more conservative over the decades, and Souter didn’t always agree.
In July 1990, he was a 50-year-old bachelor who lived alone in a farm house with peeling paint and books on the floor. He had just been named to the U.S. court of appeals in Boston. Until then, he had spent his entire career as a prosecutor, state attorney and judge in New Hampshire.
His scholarly manner and devotion to the law had won him influential admirers, including then-Sen. Warren Rudman and former New Hampshire Gov. John Sununu, who was then-White House chief of staff to the first President Bush.
When the Supreme Court’s liberal leader, William J. Brennan, suffered a stroke and announced his retirement, Souter’s name made the president’s short list of possible nominees.
Bush was anxious to avoid a fight with Senate Democrats over abortion and civil rights. Republicans still smarted from the Senate’s defeat in 1987 of Judge Robert Bork, whose strongly conservative writings convinced critics he was too extreme to be confirmed.
Souter seemed an ideal nominee. He was conservative, or at least old-fashioned. He wrote with a fountain pen, not a computer. And he ignored television. He only learned Brennan was stepping down when a postal clerk in his town shared the news.
Two days later, Souter stood in the White House press room as Bush announced his nomination. Souter was said to have no “paper trail,” but Sununu privately assured activists that he would be a “home run for conservatives.”
Liberal Democrats, led by Sen. Edward Kennedy of Massachusetts, were Souter’s sharpest critics that summer, while the arch-conservative Sen. Strom Thurmond of South Carolina led the fight to confirm him. In less than two years, it became clear that both sides had miscalculated.
By the mid-1990s, Souter had allied himself with Stevens, another moderate Republican who also seemed to move left, and with Justices Ruth Bader Ginsburg and Stephen G. Breyer, the two appointees of President Clinton. They formed a liberal bloc in cases where the court split along ideological lines.
David Hackett Souter was born in Melrose, Mass., on Sept. 17, 1939, the only child of Joseph and Helen Souter. His father was a banker and his mother a gift shop clerk. When he was 11, the family moved to the New Hampshire farm house in Weare that remained Souter’s primary home until after his retirement.
As a Harvard undergraduate, Souter dated a young woman and spoke of marrying her. But when he won a prestigious Rhodes Scholarship and went to England to study at Oxford University, she found someone else.
Souter told friends he was disappointed he never married. After graduating from Harvard Law School in 1966, he eschewed the big-city law firms and returned to the small-town life and rugged mountains of the New Hampshire he loved.
Friends and former clerks say Souter was never a true conservative as his early backers said, nor was he a solid liberal as he was portrayed years later.
Souter was “a judge’s judge,” said Penn Law Professor Kermit Roosevelt, who clerked for him in 1999. “He didn’t have a political agenda. People had a mistaken idea of what they were getting when he was appointed.”
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House Democrats ramped up pressure on Department of Homeland Security (DHS) Secretary Kristi Noem on Tuesday, calling for her firing and warning that impeachment proceedings would follow if she remains in office, citing deadly actions by federal agents in Minnesota.
The calls came from both House Democratic leadership and Judiciary Committee Democrats, marking a coordinated escalation from public condemnation to formal impeachment threats.
In a joint statement, House Democratic Leader Hakeem Jeffries, Democratic Whip Katherine Clark and Democratic Caucus Chair Pete Aguilar accused the Trump administration of using federal law enforcement to carry out deadly violence.
“Taxpayer dollars are being weaponized by the Trump administration to kill American citizens, brutalize communities and violently target law-abiding immigrant families,” the leaders said. “The country is disgusted by what the Department of Homeland Security has done.”
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House Democrats ramped up pressure on DHS Secretary Kristi Noem on Tuesday. ( Al Drago/Getty Images)
The leaders warned that unless Noem is removed, impeachment proceedings would follow.
“Kristi Noem should be fired immediately, or we will commence impeachment proceedings in the House of Representatives,” the statement said.
“We can do this the easy way or the hard way.”
The demands come as Noem faces widespread criticism after federal agents killed two U.S. citizens in Minnesota this month.
Separately, Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, called on Judiciary Committee Chairman Jim Jordan, R-Ohio, to immediately begin impeachment proceedings if Noem is not fired or forced to resign.
“Unless Secretary Noem resigns or is fired, the Judiciary Committee’s Chairman, Jim Jordan, should immediately commence House Judiciary Committee impeachment proceedings to remove her from office,” Raskin said.
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Federal agents try to clear demonstrators near a hotel, using tear gas during a noise demonstration protest in response to federal immigration enforcement operations in Minneapolis. (Adam Gray/AP Photo)
Raskin accused Noem of overseeing what he described as unlawful killings and a subsequent cover-up.
“Far from condemning these unlawful and savage killings in cold blood, Secretary Noem immediately labeled Renée Good and Alex Pretti ‘domestic terrorists,’ blatantly lied about the circumstances of the shootings that took their lives, and attempted to cover up and blockade any legitimate investigation into their deaths,” he said.
Separately, Sen. John Fetterman, D-Pa., called on Trump to fire Noem directly on Tuesday.
In a post on X, the senator accused Noem of “betraying” the department’s central mission.
In a joint statement with other Democratic leaders, Hakeem Jeffries, D-N.Y., accused the Trump administration of using federal law enforcement to carry out deadly violence. (Roberto Schmidt/Getty Images)
However, President Donald Trump confirmed on Tuesday that he has no plans to ask Noem to step down from her role.
Trump was asked about Noem’s status during a gaggle with reporters outside the White House. He told the press that he still thinks Noem is doing a “great job.”
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“Is Kristi Noem going to step down?” a reporter asked.
“No,” Trump responded bluntly.
He later said he believes she is doing a “very good job,” citing her role in closing down the border.
Fox News’ Anders Hagstrom contributed to this report.
Politics
Trump signs executive order to ‘preempt’ permitting process for fire-destroyed homes in L.A.
President Trump has announced an executive order to allow victims of the Los Angeles wildfires to rebuild without dealing with “unnecessary, dupicative, or obstructive” permitting requirements.
The order, which is likely to be challenged by the city and state, claimed that local governments have failed to adequately process permits and were slowing down residents who are desperate to rebuild in the Palisades and Altadena.
“American families and small businesses affected by the wildfires have been forced to continue living in a nightmare of delay, uncertainty, and bureaucratic malaise as they remain displaced from their homes, often without a source of income, while state and local governments delay or prevent reconstruction by approving only a fraction of the permits needed to rebuild,” Trump wrote in the executive order, which he signed Friday.
The order called on the Secretary of Homeland Security and the Federal Emergency Management Agency to “preempt” state and local permitting authorities.
Instead of going through the usual approval process, residents using federal emergency funds to rebuild would need to self-certify to federal authorities that they have complied with local health and safety standards.
The order comes as the city and county approach 3,000 permits issued for rebuilding. A December review by The Times found that the permitting process in Altadena and Pacific Palisades was moving at a moderate rate compared to other major fires in California. As of Dec. 14, the county had issued rebuilding permits for about 16% of the homes destroyed in the Eaton fire and the city had issued just under 14% for those destroyed in the Palisades fire.
While Mayor Karen Bass did not immediately provide comment, the executive order drew intense pushback from Gov. Gavin Newsom.
A spokesperson for Newsom, Tara Gallegos, called Trump a “clueless idiot” for believing the federal government could issue local rebuilding permits.
“With 1625+ home permits issued, hundreds of homes under construction, and permitting timelines at least 2x faster than before the fires, an executive order to rebuild Mars would do just as useful,” Gov. Gavin Newsom wrote in a post on X, citing the number of permits issued solely by the city of Los Angeles.
Newsom said that the federal government needed to release funding, not take over control of the permitting process. The governor said that what communities really lack is money, not permits.
“Please actually help us. We are begging you,” Newsom wrote.
Instead of descending into the permitting process, Newsom called on the president to send a recovery package to congress to help families rebuild, citing a letter from a bipartisan delegation of California legislators that called for federal funding.
“As the recovery process continues, additional federal support is needed, and our entire delegation looks forward to working cooperatively with your administration to ensure the communities of Southern California receive their fair share of federal disaster assistance,” wrote the California legislators on Jan 7.
Los Angeles City Councilwoman Traci Park, who represents Pacific Palisades, responded in a statement that read: “If the federal government is interested in expediting recovery from the most expensive disaster in this country’s history, they can start by committing to real financial support — to close insurance gaps, to repair critical infrastructure damaged in both the fire and the debris removal process, to help this region rebuild two entire communities from the ground up.”
Park also said that “dangling SBA loans and hazard mitigation funding in front of victims while summarily denying FEMA claim and other support to municipalities behind the scenes is subterfuge, not support. The City can only approve permits that have been submitted and the reality is that many disaster victims are still not ready to move forward with their rebuilds. This federal government can fix that by allowing desperately needed financial assistance to flow down to the Los Angeles region and let us get to work.”
Los Angeles County Supervisor Kathryn Barger, who represents Altadena, said she would “welcome any effort to responsibly accelerate rebuilding.”
Barger said permits take 30 days to move through the county’s plan check, but often encounter delays due to “complex multi-party work of architects, engineers, and builders.”
She also called for more federal funding and long-term disaster aid.
“The most urgent need in the Altadena region is financially driven,” she said in a statement to The Times.
Some in the Palisades agreed that money was a bigger issue than permitting.
“When I talk to people it seems to have more to do with their insurance payout or whether they have enough money to complete construction,” said Maryam Zar, a Palisades resident who runs the Palisades Recovery Coalition.
Zar called the executive order “interesting” and said that it was fair of the president to call the recovery pace slow and unacceptable.
Jonathan Zasloff, a UCLA Law professor who focuses on land use, called the executive order “childish and irresponsible policy.”
Zasloff, who lost his Palisades home in the fire, said that the president does not have the authority to get rid of state and local law just because he doesn’t like them. Instead, Zasloff said, the president should focus on fully funding disaster recovery so that the city and county can have adequate staff to process permit applications.
“My house burned down in the Palisades. Getting rid of the building codes would make it easier to rebuild something, but it could also make things a lot more dangerous,” he said.
Politics
Mamdani’s early moves as mayor clash with affordability pledge: ‘Ripple effects are significant’
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New York City Mayor Zohran Mamdani ran on a message of making the Big Apple more affordable for everyday Americans, but some of his actions in the first few weeks of his tenure have served to undercut that reality.
In the early days of his time as mayor, Mamdani has already shown a penchant for vehemently defending low-wage, unskilled delivery-app workers in a manner that industry executives and business experts think will hit consumers’ pocketbooks. He sued a delivery app startup earlier this month for allegedly violating the city’s worker-rights laws, and warned the broader range of delivery app companies operating in the city to abide by ramped up worker rights being imposed at the end of the month, or else.
At a press conference announcing the lawsuit and accompanying demand letters issued to delivery app companies warning them to follow the updated worker protections, Mamdani also accused the delivery-app startup, MotoClick, of stealing workers’ tips. Among the reforms Mamdani has signaled he plans to vigorously enforce is a mandated tipping framework that estimates show could push more than half-a-billion in additional costs on consumers annually.
The updated protections will also add more delivery-app companies, such as those that deliver groceries, to the list that must follow the delivery-app worker rights laws, including a mandated minimum wage higher than what some emergency medical services (EMS) personnel in the city make.
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“We know affordability is not just about the cost of goods — it’s about the dignity of work,” Mamdani’s Commissioner of the Department of Consumer and Worker Protection (DCWP) Sam Levine told companies including DoorDash, GrubHub and Uber. “Today’s lawsuit against Motoclick is not just an action against one company, it’s a warning to every app-based company from this Administration. You cannot treat workers like they are expendable and get away with it. We will seek full back pay and damages. We will seek full accountability.”
Mamdani pointed to a recent report put out by Levine, which showed disobeying city mandates going into effect later this month, requiring apps to give the opportunity for customers to tip before or at the same time that an order has been placed, significantly impacts the amount of incoming tip revenue. Levine’s report that Mamdani touted estimates alternative tipping frameworks, such as only allowing tips upon completion of a delivery, have altered tipping revenue by an estimated $550 million per year.
Mamdani also stood by in tacit agreement during the press conference as delivery-app worker advocates called for an increase to their already mandated minimum wage they have that is approximately $4.50 higher for delivery-app drivers than the city’s base minimum wage of $17 per hour. The workers said they wanted a mandate that they get paid $35 per hour, to which Mamdani replied: “closed mouths don’t get fed.”
Mamdani campaigned on raising the base minimum wage to $30 per hour for all New Yorkers by 2030.
New York City Mayor Zohran Mamdani at a press conference defending worker rights for delivery-app drivers on Thursday, Jan. 15, 2026. (Michael Nagle/Bloomberg via Getty Images)
Meanwhile, his eager enforcement to protect delivery-app drivers will include making sure a wider breadth of delivery-app companies, such as those who deliver groceries like InstaCart and Shipt, abide by New York City’s extended minimum wage laws for their workers – plus the other mandates related to the tipping structure and more.
DCWP has indicated plans to set a minimum pay rate for all delivery apps by early 2027.
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“The challenges facing delivery workers, small businesses, and consumers are real, and deeply interconnected. That’s why this issue cannot be reduced to a single policy lever or viewed in isolation,” a spokesperson for the Bronx Chamber of Commerce told Fox News Digital. “Small businesses across the Bronx and throughout New York City are already under extraordinary pressure. When additional costs are layered on without a full economic analysis, those costs are predictably passed down to consumers or absorbed through reduced hours, reduced staffing, or closures. When businesses close, communities lose jobs, services, and economic anchors, and the ripple effects are significant.”
The Chamber of Commerce spokesperson added that Mamdani has an opportunity “to lead by tackling affordability in a holistic way,” which they said would require “comprehensive cost analysis and coordinated solutions that support workers while ensuring the small business ecosystem and consumer affordability are not unintentionally harmed.”
Signage reading ‘Days of a New Era’ is juxtaposed behind New York City Mayor Zohran Mamdani during a press conference he attended about reining in ‘junk fees.’ (Adam Gray/Bloomberg via Getty Images)
When reached for comment about the discrepancy between Mamdani’s message of making New York City more affordable for everyone, versus his push to protect delivery-app worker rights that could impact consumer pricing, a New York City Hall spokesperson argued that “the insinuation that putting more money in the pockets of delivery workers undercuts affordability is absurd.”
“Delivery Workers are important members of our city’s economy, and deserve to be paid fairly – anything less is unacceptable,” the spokesperson added. “As Mayor Mamdani continues to stand up for everyday New Yorkers and actualize his ambitious agenda to make New York City truly livable for families. Affordability has been, and will continue to be, a guiding light.”
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But DoorDash’s head of public policy for North America, John Horton, said that ensuring delivery-app workers “earn double what many first responders in the city make” is not a policy solution they believe will make New York City more affordable. Currently, a local fire technician and emergency medical services union in the city is in the midst of a public awareness campaign to raise their wages because they make less than delivery-app drivers at $18.94 per hour.
Delivery-app workers in New York City must be paid $21.44 per hour according to local worker protection mandates. (iStock)
“A thriving New York will take a partnership between elected officials, the business community and workers to ensure we are all working in the best interests of New Yorkers in the midst of the city’s affordability crisis,” Horton added.
Fox News Digital followed up with Mamdani’s campaign to inquire about the complaint that EMS and some firemen in the city are making less than delivery-app workers, but did not receive a response in time for publication.
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