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Opinion: The Supreme Court's conservatives onstage, unplugged, unrepentant

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Opinion: The Supreme Court's conservatives onstage, unplugged, unrepentant

It’s that time of year when the life-tenured denizens of America’s imperial court, otherwise known as the Supreme Court, come down from their bench to mix with the masses.

Just kidding. The justices limit their appearances to friendly audiences, to elite folks too well-mannered to ask them about matters like gifts from billionaires with business before the court or misleading confirmation testimony to the Senate.

With oral arguments for this term’s cases ended in late April, the justices are now writing the decisions that will trickle out through June, including on whether to withhold gun rights from domestic abusers; limit access to mifepristone, the pill used for two-thirds of abortions; gut federal agencies’ regulatory power; and immunize Donald Trump from criminal prosecution. Amid their opinion-writing, they accept a few invitations to speak, cracking a window into their thinking as well as their gripes.

Opinion Columnist

Jackie Calmes

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Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

Four of the court’s six-member conservative supermajority were on the stump in recent days. Justices Clarence Thomas and Brett M. Kavanaugh spoke to groups of lawyers and judges in the congenial South. Samuel A. Alito Jr., one of the court’s six Catholics, was commencement speaker at “passionately Catholic” Franciscan University of Steubenville, in Ohio. And Chief Justice John G. Roberts Jr. gave a purposely anodyne address to a Washington-based judicial group.

The other three were more interesting. Kavanaugh defensively suggested that the unpopular court’s unpopular decisions — ending a half-century of abortion rights, for example — would be seen more favorably with time. Thomas whined to a sympathetic crowd about “the nastiness and lies” in the news media about himself and his would-be insurrectionist wife, Ginni; much of that coverage recently won a Pulitzer Prize for ProPublica. And Alito enjoyed a standing ovation when he was introduced as the author of the 2022 Dobbs antiabortion ruling, despite overwhelming opposition to it nationwide.

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Kavanaugh spoke Friday in Austin, Texas. The city is a progressive oasis in the red state, but Kavanaugh appeared before judges, attorneys and court officials connected with the most conservative of the federal appeals courts, the U.S. 5th Circuit Court of Appeals, covering Texas, Louisiana and Mississippi. At a time when the Supreme Court is polling at record lows on job approval and public trust, Kavanaugh was appropriately asked during a question-and-answer session how to boost confidence in the judiciary.

He didn’t seem to see the problem. Instead Kavanaugh blithely compared the current Roberts court — which has greatly expanded rights for gun owners, police and corporations, limited those for voters, consumers and women, and eroded the wall between church and state — to the court of the 1950s and 1960s led by Chief Justice Earl Warren, whose landmark rulings desegregated public schools, expanded voting and other civil rights, ended mandatory Christian prayer in schools and established new rights for criminal defendants.

The Warren court’s decisions were “unpopular basically from start to finish,” Kavanaugh said. And yet “a lot of them are landmarks now that we accept as parts of the fabric of America.”

He’s right about the Warren court legacy. But Kavanaugh is kidding himself if he thinks that Dobbs and other decisions that he has backed will eventually gain widespread favor. The Warren court is remembered for expanding individuals’ constitutional rights; the Roberts court, in overturning Roe, is the first to take one away. (Kavanaugh’s support for Dobbs provoked Republican Sen. Susan Collins of Maine, the decisive vote for his confirmation, to complain that he’d “misled” her during the Senate’s consideration of his nomination.)

Thomas spoke the same day at a conference of the conservative U.S. 11th Circuit Court of Appeals, covering Georgia, Florida and Alabama. His most noteworthy remarks reflected the Roberts court’s other legacy: ethical indifference. The event was held at a luxury resort on Alabama’s Gulf Coast, appropriate given Thomas’ affinity for such places, which has been well documented by ProPublica and other media. Republican donor and billionaire Harlan Crow provided Thomas with yacht trips, real estate deals and other benefits.

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Also appropriately, Thomas was with his wife, Ginni, who not only shared the largesse but also is central to Thomas’ other ethical transgression. She worked behind the scenes to overturn Joe Biden’s 2020 election, yet Thomas has refused to recuse himself from three cases before the court dealing with Jan. 6 and Trump’s role in conniving to stay in power.

To hear Thomas tell it, the problem isn’t his conflicts of interest but the critics and we journalists who report on him. “Especially in Washington, people pride themselves in being awful,” he said.

And that’s why he and Ginni like RV-ing across the country to see “regular people.” Thomas didn’t mention that an investigation by the New York Times found that his luxury 40-foot motor home was underwritten by another rich pal.

Alito, another billionaire’s beneficiary, received an honorary degree in Christian ethics on Saturday at Franciscan University. Like Thomas, he groused about his critics; fittingly, he quoted Rodney “I don’t get no respect” Dangerfield. Alito has become known for fussing that Christian conservatives get no respect, even as he and other conservative Catholics dominate the court. Free exercise of religion is “a disfavored right,” he’s carped in the past, and “you can’t say that marriage is a union between one man and one woman.”

In that spirit, Alito warned the Franciscan grads, “When you venture out into the world, you may find yourself in a job or a community or a social setting when you will be pressured to endorse ideas you don’t believe or to abandon core beliefs. It will be up to you to stand firm.”

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God knows he does. And so do Thomas and Kavanaugh. The rest of us, the masses, are worse off for their supreme myopia.

@jackiekcalmes

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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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