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Litman: With Supreme Court reform ideas, Biden is playing the long game

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Litman: With Supreme Court reform ideas, Biden is playing the long game

The first and easiest question to answer with respect to the package of Supreme Court reform measures that President Biden announced Monday is whether there is any hope of their passage or enactment by the current Congress.

There is not.

With Congress hopelessly polarized and the Supreme Court hopelessly politicized, there is no chance of action on Biden’s proposals in the coming months, and the administration well understands that point.

Indeed, before Biden even unveiled them in a speech at the LBJ Presidential Library in Texas, Republican House Speaker Mike Johnson pronounced them “dead on arrival.”

Why then choose now to introduce them? After all, Biden has steadfastly resisted pleas from progressives to try to reform the court — and he has been under pressure since he took office, because President Trump had just tilted the court to the right by appointing three justices.

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The straightforward explanation for the timing is to make the Supreme Court, now quite possibly the most unpopular of all federal governmental institutions, a focus of the election, which would presumably nudge voters toward Vice President Kamala Harris.

It was no surprise (and presumably exactly what Biden and Harris wished) when Trump came out with a strident defense of the court.

But the proposals shouldn’t be dismissed as a mere political gesture. Biden and the Democrats are also playing the long game, looking in particular to make the court a campaign issue. Then if they win control of both chambers and the White House, they can portray their election as a mandate for substantial reforms.

Biden’s proposals are in three basic areas. First, ethics, responding to the series of scandals involving eyebrow-raising or nakedly partisan conduct by Justices Clarence Thomas and Samuel Alito. Second, time of service and method of appointment, which Biden proposes be changed to 18 years per justice and a fixed allotment of two new justices per presidential term. And third, the court’s recent, stunningly broad immunity opinion in the Jan. 6 Trump prosecution brought by the Justice Department.

Biden announced the reforms in a Washington Post op-ed that, interestingly, led with the immunity decision, which Biden wrote transgressed a bedrock principle of the nation: “No one is above the law.”

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Indeed it does, but Biden and Harris, who was quick to endorse the proposals, obviously have calculated that of all the court’s recent unpopular moves, the immunity decision most offends the most American voters who might swing toward Harris.

Biden’s proposal recognizes that the decision can be overcome only by a constitutional amendment. I think that’s dubious; a careful reading of the Supreme Court’s sweeping immunity decision suggests it is ultimately anchored in perceived good government principles dressed up as constitutional law.

The problem here, as in one way or another with all the proposals, is the firmly entrenched principle that the Supreme Court has the last word. (One thinks of Justice Robert Jackson’s famous line “We are not final because we are infallible, but we are infallible only because we are final.”)

So that leaves the famously cumbersome process of a constitutional amendment, which requires either two-thirds of both houses or the states to request and three-quarters of the states to ratify.

The most recent constitutional amendment, the 27th, took more than 200 years to ratify. The Equal Rights Amendment, which was first proposed in 1923 to guarantee the rights of Americans regardless of their sex, still has not passed.

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The ethics provision of the Biden package probably has the strongest chance of passing. It is conspicuous that the Supreme Court justices — alone among government officials — get to make and apply their own rules on issues such as whether they can take or must disclose gifts from parties who may have an agenda with the court. Although the court adopted ethics rules for itself last fall, they have no teeth. Justice Elena Kagan just last week called for the rules to be subject to an enforcement regime other than the justices themselves.

But in my view, the most important component of Biden’s package is his proposal to change Supreme Court terms from lifetime to 18 years, and, with the consistent rhythm of that span, guarantee each president precisely two appointments.

The design of the reform is to obviate the Armageddon quality of current confirmation battles. Lifetime appointments create very high stakes, leading to carefully curated fairly young nominees who can serve 40 years or more and have enormous, longstanding influence, as with the relatively young cadre of Trump appointees.

Term limits would prevent the imbalance that results if one president makes many appointments and others make few. Democrats are understandably frustrated at the bad luck — and GOP obstructionism — that allowed Republican presidents to choose six of the current nine justices, in a country in which more people identify as Democrats than as Republicans and in which Democratic presidential candidates have won the popular vote in seven of the last eight elections.

This proposal would do nothing to alleviate the current imbalance. Progressives had been pushing Biden to instead propose four additional seats on the court to undo the current uber-conservative hammerlock. The Constitution permits such an expansion, but the history of FDR’s court packing plan and similar efforts obviously persuaded Biden that the approach would freight the package with political controversy and long odds that would diminish the clean appeal of the rest of the provisions.

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As for the court, today’s proposals only reinforce the grave loss of confidence it has brought on with its own overreaching. As a matter of raw power, it can continue on its path and remain oblivious to its many self-inflicted wounds. But Supreme Court history teaches that whatever its recognized authority in individual cases, it is untenable for it to operate indefinitely so against the grain of the American people.

As Alito said in an overheard comment, “one side or the other is going to win.”

Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman

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Navy Secretary John Phelan Is Leaving the Pentagon and the Trump Administration

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Navy Secretary John Phelan Is Leaving the Pentagon and the Trump Administration

Navy Secretary John Phelan was fired on Wednesday after months of infighting with senior Pentagon leaders and disagreements over how to revive the Navy’s struggling shipbuilding program.

Mr. Phelan is leaving the Pentagon and the Trump administration effective immediately, wrote Sean Parnell, the Pentagon’s chief spokesman, in a terse statement.

In his role leading the Navy, Mr. Phelan had championed the “Golden Fleet,” a major investment in new ships including a “Trump-class” battleship. But Mr. Phelan’s leadership was marred by feuds with senior leaders in the Pentagon, including Defense Secretary Pete Hegseth and Deputy Defense Secretary Stephen Feinberg, Pentagon and congressional officials said.

Mr. Phelan is the first service secretary to leave the administration, though he is the second one to clash with the defense secretary. Mr. Hegseth also has butted heads with Army Secretary Daniel P. Driscoll over promotions and a host of other issues. Mr. Hegseth fired the Army’s chief of staff, Gen. Randy George, earlier this month.

The Navy secretary has no role overseeing deployed forces, and Mr. Phelan’s firing is not likely to have significant implications for the conduct of the Iran war or U.S. Navy operations to blockade Iranian ports or open the Strait of Hormuz. As the Navy’s top civilian leader, his main responsibility is to oversee the building of the future naval and Marine Corps force.

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But the tumult could make it harder for the Navy to replenish its stock of Tomahawk missiles and high-end air defense systems, which have been in heavy use in Iran.

Tensions had been simmering for months between Mr. Phelan and his two bosses — Mr. Hegseth and Mr. Feinberg — over management style, personnel issues and other matters.

Mr. Feinberg, in particular, had grown increasingly dissatisfied with Mr. Phelan’s handling of the Navy’s major new shipbuilding initiative, and had been siphoning off responsibility for the project from him, said the congressional official, who spoke on the condition of anonymity to discuss personnel matters.

Mr. Phelan, a White House appointee, also had a contentious relationship with his deputy, Under Secretary Hung Cao, who is more aligned with Mr. Hegseth, especially on some of the social and cultural battles that have defined the defense secretary’s tenure, the officials said.

A senior administration official said that Mr. Hegseth informed Mr. Phelan before the Pentagon’s official announcement that he and President Trump had decided that the Navy needed new leadership.

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A spokeswoman for Mr. Phelan referred all questions on Wednesday evening to the Defense Department.

Last fall, Mr. Hegseth fired Mr. Phelan’s chief of staff, Jon Harrison, who had clashed with senior officials throughout the Pentagon. The unusual move highlighted the broader tensions between Mr. Hegseth and Mr. Phelan.

Still, the timing of Mr. Phelan’s firing caught some Pentagon and congressional officials off guard. On Wednesday, Mr. Phelan was making the rounds on Capitol Hill, talking to senators about his upcoming annual hearing with lawmakers to discuss the Navy’s budget request and other priorities.

“Secretary Phelan’s abrupt dismissal is troubling,” Senator Jack Reed of Rhode Island, the top Democrat on the Armed Services Committee, said in a statement Wednesday night. “In the midst of President Trump’s war of choice in Iran, at a moment when our naval forces are stretched thin across multiple theaters, this kind of disruption at the top sends the wrong signal to our sailors and Marines, to our allies, and to our adversaries.”

Mr. Phelan also had a close relationship with Mr. Trump. In December, Mr. Phelan appeared alongside Mr. Trump at his Mar-a-Lago resort to announce the “Golden Fleet” and the new class of battleships bearing Mr. Trump’s name.

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“John Phelan is one of the most successful businessmen in the country — in our country,” Mr. Trump said. “He’s been a tremendous success.”

Before joining the Trump administration, Mr. Phelan ran a private investment fund based in Florida.

“He’s taken probably the largest salary cut in history, but he wanted to do it,” Mr. Trump said at the December press conference. “He wants to rebuild our Navy. And you needed that kind of a brain to do it properly.”

But Mr. Trump’s effusive praise masked deeper tensions with Mr. Phelan’s Pentagon bosses.

Bryan Clark, a naval analyst at the Hudson Institute, said that Mr. Phelan was “driving the Navy in a different direction” than what Mr. Hegseth and Mr. Feinberg wanted.

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“He was championing initiatives like the battleship and frigate that don’t align with where the D.O.W. leadership is taking the military, which is toward submarines, stealth aircraft, unmanned systems and software-driven capabilities like electronic warfare and cyber,” Mr. Clark said in an email, using the abbreviation for Department of War, as the administration calls the Defense Department.

Mr. Phelan also clashed with Mr. Hegseth over personnel issues in the Navy and Marine Corps, a former senior military official said. Mr. Hegseth has directed service secretaries to scrub the social media accounts of general- and admiral-level promotion candidates to ensure they are not deemed too “woke” by Mr. Hegseth’s standards, the official said.

Maggie Haberman and Eric Schmitt contributed reporting.

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Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway

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Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway

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An analyst with the Manhattan District Attorney’s Office was arrested Tuesday on allegations that he sexually abused a woman while off duty, police told Fox News Digital Wednesday. 

Tauhid Dewan, 28, is accused of inappropriately touching a 40-year-old woman’s private area during a late-afternoon rush-hour subway ride in Queens, according to local outlet PIX11. 

The victim was reportedly a random woman, the outlet added, citing sources who said she and the suspect were strangers. 

A spokeswoman for the office told Fox News Digital that the staffer has since been suspended.

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MAN ARRESTED IN NYC STRANGULATION DEATH OF WOMAN FOUND OUTSIDE TIMES SQUARE HOTEL

Tauhid Dewan, 28, was arrested in New York City Tuesday following allegations that the Manhattan DA staffer innapropriately touched a woman during a subway ride (LinkedIn)

According to the New York Police Department, Dewan was arrested around 5 p.m., possibly after returning from work.

PIX11 added that the arrest occurred minutes after the incident, which allegedly took place on a No. 7 train near the Junction Boulevard station.

He was subsequently arrested by the NYPD Transit Bureau and is facing multiple charges, including forcible touching on a bus or train, third-degree sexual abuse, and second-degree harassment involving physical contact.

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He was also charged with acting in a manner injurious to a child under the age of 17, suggesting a minor may have been nearby and either witnessed the alleged conduct or was placed at risk by it.

ERIC SWALWELL FACES MANHATTAN SEX ASSAULT PROBE AFTER ENDING CALIFORNIA GOVERNOR CAMPAIGN AMID ALLEGATIONS

Tauhid Dewan is an employee of the Manhattan District Attorney’s Office, which is led by DA Alvin Bragg. (Spencer Platt/Getty Images)

Law enforcement sources said Dewan has no prior arrests, local outlets reported.

According to city records, Dewan has worked at the Manhattan District Attorney’s Office as a senior investigative analyst for nearly four years, since July 10, 2022.

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People board a train at a subway station in New York City on Aug. 1, 2025. (Gary Hershorn/Getty Images)

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His arraignment in Queens Criminal Court was scheduled for Wednesday, according to state records. 

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As primary election nears, top candidates for California governor debate tonight

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As primary election nears, top candidates for California governor debate tonight

With the California governor’s race quickly approaching, six candidates will face off Wednesday evening in the first debate since former Rep. Eric Swalwell dropped out of the race in the aftermath of sexual assault and misconduct allegations.

The debate takes place at a critical moment in the turbulent contest to replace termed-out Gov. Gavin Newsom. Ballots will start landing in Californians’ mailboxes in less than two weeks, and voters are split by a crowded field of eight prominent candidates. The debate also takes place after former state Controller Betty Yee ended her campaign because of a lack of resources and support in the polls.

Two Republicans — Riverside County Sheriff Chad Bianco and conservative commentator Steve Hilton — and four Democrats — billionaire Tom Steyer, former Biden administration Secretary Xavier Becerra, former Orange County Rep. Katie Porter and San Jose Mayor Matt Mahan — will take the stage at Nexstar’s KRON4 studios in San Francisco. Former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond, both Democrats, were not invited to participate because of their low polling numbers.

As the candidates strive to distinguish themselves in a crowded field, the debate could include fiery exchanges about the role of money in politics and potential heightened attacks on Becerra, who has surged in the polls since Swalwell dropped out. With the debate taking place on Earth Day, environmental issues are also likely to be raised.

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The Wednesday night gathering is the first televised debate in the gubernatorial contest since early February. Last month, USC canceled a debate hours before it was set to begin over mounting criticism that its criteria excluded all major candidates of color.

The 7 p.m. debate is hosted by Nexstar and will be moderated by KTXL FOX40 anchor Nikki Laurenzo and KTLA anchor Frank Buckley. It can be viewed on KRON4 (San Francisco), KTLA5 (Los Angeles), KSWB/KUSI (San Diego), KTXL (Sacramento), KGET (Bakersfield) and KSEE (Fresno). NewsNation will also air the debate.

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