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Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct.

“We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now.

Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns.

“There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.”

Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years.

Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court.



The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.

McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.

During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.

“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.

McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.

The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.

McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.

In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.

At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him.



As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.

Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes.

States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said.

The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities.

The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years.

“EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said.

Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead.

The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing.

Washington accepted $85,000 of $63 million it could have taken and said the decision was based on the limited number of water systems that wanted loans. The EPA estimates the state has 22,000 lead pipes. Oregon, which could have accepted $37 million, said inventories are going to be done with existing staff and resources, adding that utilities have no known lead lines. The EPA projected that the state has 3,530 lead pipes — a relatively small number — based in part on information collected from utilities.



Grieving families confronted the Pittsburgh synagogue shooter at his sentencing hearing Thursday, one day after a jury determined that capital punishment was appropriate for the perpetrator of the deadliest attack on Jews in U.S. history.

The hearing at the federal courthouse in Pittsburgh got underway, with some 22 witnesses — survivors of the 2018 massacre and relatives of the 11 people who were fatally shot — expected to deliver victim impact statements.

U.S. District Judge Robert Colville was expected to formally sentence Robert Bowers to death later Thursday.

“Mr. Bowers, you met my beloved husband in the kitchen. Your callous disregard for the person he was repulses me,” testified Peg Durachko, wife of 65-year-old Dr. Richard Gottfried, a dentist who was shot and killed. “Your hateful act took my soulmate from me.”

Mark Simon, whose parents, Bernice and Sylvan Simon, were killed in the attack, testified he still has their bloodied prayer shawl. He said he remains haunted by the 911 call placed by his mother, whom Bowers shot while she was on the line.

“My parents died alone, without any living soul to comfort them or to hold their hand in their last moments,” said Simon, condemning “that defendant” as evil and cowardly and urging the judge to show him no mercy.

“You will never be forgiven. Never,” Simon told Bowers.

Bowers, a 50-year-old truck driver from suburban Baldwin, ranted about Jews online before carrying out the attack at Tree of Life synagogue on Oct. 27, 2018. He told police at the scene that “all these Jews must die” and has since expressed pride in the killings.

Jurors were unanimous in finding that Bowers’ attack was motivated by his hatred of Jews, and that he chose Tree of Life for its location in one of the largest and most historic Jewish communities in the nation so he could “maximize the devastation, amplify the harm of his crimes, and instill fear within the local, national, and international Jewish communities.” They also found that Bowers lacked remorse.

The jury rejected defense claims that Bowers has schizophrenia and that his delusions about Jewish people spurred the attack.

Bowers, who was armed with an AR-15 rifle and other weapons, also shot and wounded seven, including five responding police officers.

He was convicted in June of 63 federal counts, including hate crimes resulting in death and obstruction of the free exercise of religion resulting in death.



In a decision scrutinizing how colleges investigate sexual assault allegations, Connecticut’s highest court ruled Friday that a former Yale student is not immune from a defamation lawsuit by a fellow student who was exonerated in criminal court after she accused him of rape.

The Connecticut court ruled 7-0 that because he had fewer rights to defend himself in university proceedings than he would in criminal court, the rape accuser can’t benefit fully from immunity granted to witnesses in criminal proceedings.

The unanimous ruling came despite warnings from more than a dozen violence prevention groups that such immunity is crucial to prevent rape victims from being discouraged to come forward.

It’s one of the few state court rulings on the topic in any U.S. court and could be cited widely in future cases, legal experts said. It ruled that Jane Doe, the pseudonym she used in court proceedings, was not immune from liability for statements she made to Yale investigators accusing fellow student Saifullah Khan of raping her in her dorm room in October 2015.

The decision could add to the already vexing problem of sexual assaults going unreported, violence prevention groups said in a brief to the state Supreme Court.

“Without protections from retaliation, including absolute immunity, victims will be dissuaded from using school reporting and disciplinary processes and will lose out on their education while perpetrators dodge accountability,” a lawyer for the groups wrote in a filing supporting the accuser’s immunity rights.

Khan is suing Doe and Yale over the rape allegations and his November 2018 expulsion from the school, saying the sex was consensual. Khan was criminally charged, but a jury acquitted him earlier in 2018.



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