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Supreme Court rules against Los Angeles couple denied visa in part over husband's tattoos

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Supreme Court rules against Los Angeles couple denied visa in part over husband's tattoos

The Supreme Court on Friday ruled 6-3 against a Los Angeles woman who argued her constitutional rights were violated when the federal government denied a visa to her Salvadoran husband, in part because they viewed his tattoos as gang-related.

The broad ruling is a major setback for Americans with foreign spouses because it explicitly rejects the idea that a citizen has a constitutional right to attempt to bring their noncitizen spouse into the country.

The majority, led by Justice Amy Coney Barrett, said that while the plaintiff, L.A. civil rights attorney Sandra Muñoz, does have a fundamental right to marriage, she failed to establish that right extends to living with her husband in the U.S.

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“In fact, Congress’s longstanding regulation of spousal immigration — including through bars on admissibility — cuts the other way,” Barrett said, concluding that “a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”

Luis Asencio Cordero, who lived in the U.S. until 2015, has been separated from Muñoz since his visa was denied during a consular interview in El Salvador.

The couple sought to file a new visa application with evidence refuting his alleged membership in the MS-13 gang, and wanting assurance that the federal government would review it.

The government said it denied the visa due to concerns that Asencio Cordero would be likely to engage in unlawful activity if he were allowed back into the U.S.

Muñoz argued the government violated her rights to marriage and due process by failing to provide a timely explanation for her husband’s visa denial. After the couple sued, they learned through their lawsuit that the government believed he was an MS-13 gang member, based on his tattoos, an interview and a background check including “confidential law enforcement information.” Asencio Cordero had no criminal history in the U.S. or in El Salvador.

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Asencio Cordero’s tattoos depict the comedy and tragedy theater masks, La Virgen de Guadalupe and a tribal design with a paw print. He denies they are affiliated with a gang, and a court-approved gang expert agreed.

A long-established judicial policy — the doctrine of consular nonreviewability — prevents court reviews of visa determinations except in limited cases.

The 9th Circuit Court of Appeals ruled in favor of the couple in 2022. The Biden administration asked the Supreme Court to reverse the ruling, arguing that because Muñoz and Asencio Cordero could choose to live outside the U.S., her right to marriage has not been violated.

Immigration officers have broad discretion about whom to admit into the country, administration lawyers said. They also said that requiring the government to disclose specific details about the evidence and intelligence used in such decisions would slow processing, pose a risk to public safety and could chill future information-sharing with foreign partners.

But the dispute over tattoos and what role they played in Munoz’s denial was not at issue. Instead, the majority agreed with the State Department’s concern that Muñoz’s claims could have “unsettling collateral consequences.” They questioned whether a wife could then challenge her husband’s assignment to a remote prison or overseas military deployment, or whether a citizen could challenge their immigrant spouse’s deportation proceedings.

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Muñoz’s position would “usher in a new strain of constitutional law,” Barrett wrote, because the Constitution doesn’t prevent the government from taking actions that indirectly burden a citizen’s legal rights.

Barrett wrote that while Congress can use its authority over immigration to prioritize family unity, that is “a matter of legislative grace.” She said the 9th Circuit Court based in San Francisco stood alone in having embraced that as an “asserted right.”

“Muñoz has suffered harm from the denial of Asencio-Cordero’s visa application, but that harm does not give her a constitutional right to participate in his consular process,” Barrett said.

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented. Writing for the dissent, Sotomayor said the majority’s fear that the case could result in a slippery slope of constitutional challenges is groundless.

Sotomayor said she agreed with Justice Neil M. Gorsuch, who wrote in an opinion concurring with the majority that because the factual basis for the government’s denial of Asencio Cordero’s visa has been revealed, Muñoz has already received the process she was due.

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“There is no question that excluding a citizen’s spouse burdens her right to marriage, and that burden requires the Government to provide at least a factual basis for its decision,” Sotomayor wrote.

That simple resolution should have ended the case, Sotomayor said, but instead “the majority swings for the fences,” limits the court’s longstanding precedent about the fundamental right to marriage, “and gravely undervalues the right to marriage in the immigration context.”

Just because a married couple could move their home elsewhere does not suddenly remove the burden on their constitutional rights for not being able to live together in the U.S., Sotomayor wrote. She cited Loving vs. Virginia, which struck down state laws banning interracial marriage.

The court “did not tell Richard and Mildred Loving to stay in the District of Columbia,” she said. “It upheld their ability to exercise their right to marriage wherever they sought to make their home.”

Sotomayor continued: “The majority’s holding will also extend to those couples who… depend on American law for their marriages’ validity. Same-sex couples may be forced to relocate to countries that do not recognize same-sex marriage, or even those that criminalize homosexuality.”

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Immigrant advocates slammed the decision, calling it another form of family separation.

The National Immigrant Justice Center said the decision will make litigation by families in similar situations all but impossible moving forward. So, while Muñoz and Asencio Cordero eventually got a basic explanation for his visa denial, others might never access such information.

The couple’s attorney Eric Lee said he worries the decision opens the door to justifying the dismantling of other rights that are not explicitly spelled out in the Constitution, such as gay marriage.

“It’s hard to overstate how dangerous this decision is not only for our clients and for similarly situated mixed immigration families,” Lee said. “It sets the stage for taking the country back to a very dark period in its history.”

Separately this week, President Biden announced an executive order to protect immigrant spouses of U.S. citizens who have lived consecutively in the country for at least a decade. At the White House on Tuesday, Biden said it’s the right thing to do.

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“There’s already a system in place for people we’re talking about today,” Biden said. “But the process is cumbersome, risky, and it separates families. From the current process, undocumented spouses of U.S. citizens must go back to their home country… to obtain long-term legal status. They have to leave their families in America, with no assurance they’ll be allowed back in the United States.”

Had he never left the country, Asencio Cordero could have qualified for protections. For Lee, the announcement was bittersweet. He implored Biden to extend similar protections to families who are already separated because of such visa denials.

“We hope the new relief applies to as many families as possible,” Lee said, “but it is hard not to ask: If these are the new criteria, then why did the administration fight Sandra and Luis’ case as hard as they did for so many years?”

Times staff writer David G. Savage contributed to this report.

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Who is Valli Geiger? Meet the Maine Dem that Platner urged to run for Senate

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Who is Valli Geiger? Meet the Maine Dem that Platner urged to run for Senate

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Maine state Rep. Valli Geiger, a Rockland Democrat, former nurse and former mayor, is drawing sudden national attention after saying now-former Democratic Senate nominee Graham Platner encouraged her to consider taking his place on the ballot in the Maine Senate race.

While Geiger has not been named the replacement nominee, her name entered the Maine Senate scramble after she told local outlet WMTW that Platner called her Monday night, praised her as a “fighter” and asked whether he could put her name forward. Platner’s campaign told the outlet he had not made an endorsement decision but confirmed he encouraged Geiger to consider running if he stepped aside.

After Geiger said Platner called her about potentially putting her name forward, Geiger posted Tuesday she would not “throw Graham under the bus,” while also saying she would not “slander or accuse” Jenny Racicot, the woman who accused Platner of rape, “of anything more than telling the truth as she experienced it.” 

By Wednesday, local outlets were reporting that Geiger said Platner had encouraged her to consider running if he withdrew. Platner, who suspended his campaign Wednesday night, has denied the claim.

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WHAT HAPPENS NEXT IF PLATNER DROPS OUT? HERE’S WHO COULD REPLACE HIM ON THE BALLOT AND HOW IT COULD WORK

Graham Platner Maine State Rep. Valli Geiger  (Maine State Legislature/Getty Images)

“For the movement to continue, it can’t be me. For that reason, we are suspending campaign operations,” Platner said in a video posted to social media.

Geiger is a third-term Democratic state representative from Rockland, according to her legislative biography, representing a coastal House district in Maine that includes Rockland, Criehaven Township, Matinicus Isle Plantation, the Muscle Ridge Islands, North Haven and part of Owls Head. Her biography says she serves on the Labor Committee and the Energy, Utilities and Technology Committee.

Before entering the state legislature, Geiger served six years on the Rockland City Council, including one year as mayor and four years on the Rockland Comprehensive Planning Commission, three of them as chair. 

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Her biography says she holds a master’s degree in sustainable design and built her own passive-solar, net-zero-energy house. It also describes her as a former nurse at Pen Bay Medical Center who later worked as a health policy analyst and health administrator, including as director of the Healthreach Hospice program and clinical director for Federally Qualified Health Centers around Maine.

The Maine State Capitol May 18, 2026, in Augusta, Maine. (Joe Raedle/Getty Images)

PLATNER CAMPAIGN PUTTING ‘THUMB ON SCALE’ TO INFLUENCE POSSIBLE REPLACEMENT, MAINE DEM ALLEGES

Geiger’s connection to Platner predates the latest replacement speculation. Local reporting has described her as a close Platner supporter, and WMTW reported she previously stood with him and credited him with helping secure funding for rape kit tracking in Maine.

In her Facebook post responding to Racicot’s allegation, Geiger wrote that Racicot’s story “seems credible” but added that “none of us knows the truth nor will we ever.” She also described Platner as “a man becoming a better man” and said she had hoped he would lead the political movement his campaign had built and will not “throw Graham under the bus.”

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In the post, Geiger also praised Platner’s “passion for economic populism” and said she had granted him “an enormous amount of grace” for his behavior during what she described as his “dark years” after multiple deployments.

Dr. Nirav D. Shah, director of the Maine Center for Disease Control and Prevention, speaks during a news conference about COVID-19 at Maine Emergency Management Agency in Augusta. (Derek Davis/Portland Press Herald via Getty Images)

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The Maine state representative is not the only Democrat whose name has surfaced as Maine Democrats prepare for the possibility that Platner exits the race against Republican Sen. Susan Collins. 

Several Democrats have expressed interest or are considering bids, including former gubernatorial candidate Troy Jackson, Secretary of State Shenna Bellows and former Maine CDC Director Nirav Shah.

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Under Maine law, the Maine Democratic Party can replace him on the general election ballot by selecting a new nominee through its party process, with the replacement required to be chosen by July 27.

Fox News Digital’s Andrew Mark Miller and Paul Steinhauser contributed to this report.

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Nexstar launches its first digital subscription service with The Hill Insider, aimed at political junkies

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Nexstar launches its first digital subscription service with The Hill Insider, aimed at political junkies

Nexstar Media Group’s The Hill, the political web site that started as a free newspaper read in most congressional offices in Washington, is launching a new direct-to-consumer streaming service that will be behind a paywall.

Starting Wednesday, Nexstar will offer The Hill Insider, which will carry daily streaming video programs and newsletters. Subscribers will also be able to interact with The Hill’s journalists and analysts, who will take questions live.

The service, available for $5.99 a month or $59.99 a year, is the first digital subscription product for the Irving, TX-based Nexstar, the largest owner of television stations in the U.S. Premium memberships are available for $9.99 a month, or $99.99 a year, which will be ad-free and offer access to live events presented by The Hill.

The endeavor is the first subscription streaming service offered by Nexstar. The Hill already produces a free ad-supported streaming channel distributed on such platforms as Roku.

The free version of The Hill is the most viewed political web site in the U.S. with 1.24 billion page views in 2025, a year-to-year increase of 7%, according to Comscore. The Hill is known for offering brisk, up-to-date reports out of each branch of government in Washington, and is often linked to on other websites.

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Nexstar, which also owns the cable network NewsNation, acquired The Hill in 2021 from New York-based entrepreneur James Finkelstein for $130 million. NewsNation adapted The Hill brand name for its Washington-based programs, including a Sunday roundtable show with Chris Stirewalt, politics editor for The Hill and NewsNation.

NewsNation politics editor Chris Stirewalt on the set of “The Hill Sunday.”

(NewsNation)

Stirewalt and the Washington journalists and commentators seen on NewsNation programs will be featured on The Hill Insider. The service will also use the resources of Decision Desk HQ, the political media firm that was the first to call President Trump’s victory on election night in 2024. Decision Desk will be involved in a streaming show called “Data Nerds.”

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The Hill Insider will be aimed at the political junkie who wants to go deeper on polling data and hear longer, in-depth discussion on issues. Bill Sammons, senior vice president of editorial content for Nexstar, said the company’s research shows there is a national appetite for such content, as only 5% of The Hill’s current audience is based in Washington.

The Hill has long touted itself as non-partisan and Stirewalt hopes users will gravitate to the subscription version to become better informed about legislative and political issues and not reaffirm their existing opinions.

“My imagined audience is of people in America who are not addicted to politics but are addicted to good citizenship and the idea of fulfilling their civic virtue,” Stirewalt said in a recent interview. “And they would like to do it in a way that doesn’t insult their intelligence.”

While the free version of The Hill has been growing, the new subscription product enters a crowded field of digital programs and platforms aimed at the consumers of political news.

The launch comes as journalists from legacy media such as former CNN anchor Jim Acosta, former ABC News correspondent Terry Moran, and Chuck Todd, the longtime moderator of NBC’s “Meet the Press,” have launched their own daily podcasts and newsletters as second acts in their careers.

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MS NOW, the progressive-leaning cable news channel, is entering the direct to consumer market later this year making the channel available outside of pay-TV packages for the first time. Like The Hill Insider, the MS NOW streaming product is expected to offer users additional benefits, such as access to live events and content not seen on the cable network.

Original topical programming that does not have a shelf life is challenging to sustain on a streaming service. When Fox News Media launched its streaming service Fox Nation in 2018, it carried a line-up of live, politically-oriented shows aimed at its conservative-leaning audience. The service eventually pivoted to documentary, movies and lifestyle programming and became the home of the annual Fox News fan event, The Fox Nation Patriot Awards.

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WATCH: Dana White drops 2028 hints while raving about his favorite Trump cabinet secretary

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WATCH: Dana White drops 2028 hints while raving about his favorite Trump cabinet secretary

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Political heavyweight Dana White, whose endorsement of President Donald Trump was instrumental in his 2024 victory, is now hinting that he may jump back into presidential politics in 2028 because he has “become really close” with Secretary of State Marco Rubio.

This comes as White’s UFC announced a rare “sports diplomacy” partnership with the State Department this week. White and Rubio signed a memorandum of understanding establishing the partnership last month, according to a UFC statement. The league said that as part of the agreement, UFC athletes and coaches will serve as “sports ambassadors” for young athletes around the world through the State Department’s Sports Envoy Program.

White was explicitly asked by OutKick’s Tomi Lahren, whether there are any leaders he is looking at for 2028, to which he responded, “It’s funny, As I was, leading up to the White House fight, doing all this media, you know, a lot of the left media was saying to me, ‘So, you’re out of politics after this, right?’ And I can’t remember who it was that I said it to but … I said, ‘I’ve become really close to Rubio.’ We’ve become really close.”

“People are asking me if I’m going to get out of politics when the president leaves and I just said, ‘I’ve become very close to Rubio.’ He and I have become friends,” he emphasized.

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RUBIO ANNOUNCES FRAMEWORK DEAL BETWEEN ISRAEL AND LEBANON AS EXPERTS WARN IRAN WILL FIGHT TO SABOTAGE IT

UFC President and CEO Dana White and US Secretary of State Marco Rubio shake hands as htey participate in a Memorandum of Understanding signing ceremony at the State Department in Washington, DC, on June 11, 2026. (Brendan SMIALOWSKI / AFP via Getty Images)

White said that Rubio “is a great guy, I like him,” adding, “He’s smart, I like the way he handles himself.”

He also said, “I’ve met his sons, and I like his kids and, you know, so, never say never.”

Pressed on whether Rubio is his official pick to succeed Trump as president, White clarified, “I’m not saying I’m picking.” He noted that he also likes Vice President JD Vance, who, alongside Rubio, is a rumored 2028 presidential frontrunner.

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“JD is a great guy too,” said White, adding, “It’s a tricky situation, and I don’t know enough about politics to even comment on that, but, yeah, I don’t know, but it’s not a bad thing to have two strong candidates.”

Rubio and Vance are the two Republicans most discussed as possible successors to Trump. While Rubio ran for president in 2016, he has expressed support for Vance, calling him a “close friend” and saying the vice president “would be a great nominee if he decides he wants to do that.”

VIRAL MARCO RUBIO CLIP ON HIS VISION FOR AMERICA SPARKS MORE 2028 SPECULATION

Vice President JD Vance speaks during a visit to ALTA Refrigeration Inc., Aug. 21, 2025, in Peachtree City, Georgia. (Brynn Anderson/The Associated Press)

Though White stopped short of issuing a full-throated endorsement of Rubio, his partnership with the State Department through UFC underscores the high regard he appears to have for the secretary.

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This is the first time the UFC has entered into such a partnership with the State Department. The NFL, which entered into a similar agreement in January, is the only other major sports organization to have signed such a formal agreement with the department.

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UFC Chief Operating Officer Lawrence Epstein said the league is “thrilled” about the partnership. He said it would allow the State Department and UFC to “work together to build bridges through community engagement.”

“We’re excited to join this program, led by Secretary Rubio, as UFC is a truly global organization with athletes representing 75 countries. We can’t wait to get started later this year,” said Epstein.

VANCE TAKES LEAD SELLING TRUMP’S IRAN GAMBLE AS RUBIO, HEGSETH AND RATCLIFFE CEDE SPOTLIGHT ON FRAGILE DEAL

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President Donald Trump speaks with Secretary of State Marco Rubio and UFC CEO and President Dana White during UFC 327 at Kaseya Center on April 11, 2026 in Miami, Florida. (Julia Demaree Nikhinson – Pool / Getty Images)

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In turn, Rubio spoke very highly of the UFC, saying it “has become a global phenomenon by embracing values that resonate far beyond the Octagon: excellence, discipline, opportunity, and meritocracy.”

The secretary said the State Department is “proud” to launch the sports diplomacy partnership with UFC and to “continue growing the sport of MMA.”

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