The U.S. Supreme Court, in an 8-1 ruling, said the federal government must pay health insurers $12 billion under a provision of the Affordable Care Act.; Credit: Patrick Semansky/AP

The U.S. Supreme Court has told the federal government that it has to pay $12 billion to insurance companies, money that was promised in the Affordable Care Act as part of the start-up costs of Obamacare in the first three years of its existence.

The law, as enacted, promised to limit profits and losses for insurance companies in the first three years of the Obamacare program. Some companies made more money than allowed by the formula, and had to pay some back to the government, and other companies lost money and were owed money by the government under the formula.

But in 2014, the first year that the ACA's plan was in place, the Republican-controlled Congress reneged on the promise to appropriate money for the companies that had lost money. It did the same for the next two years as well, adding to appropriation bills a rider that barred the government from fulfilling the promise in the statute. After President Trump was elected, his administration supported the GOP-led refusal to pay.

The insurance companies sued, and on Monday the Supreme Court ruled that the federal government has to pay up.

The vote was 8-to-1, with Justice Sonia Sotomayor writing for the majority that the decision reflects a principle "as old as the nation itself. The government should honor its obligations."

She noted that the language of the ACA was "rare" in that it permitted lawsuits to enforce the provisions at issue here, provisions that declare the government"shall pay" the losses suffered by insurance companies that participated over the first three years.

The lone dissenter was Justice Samuel Alito, who called the decision "a massive bailout" for the insurance industry, which "took a calculated risk and lost."

Monday's decision was the third involving Obamacare at the Supreme Court. Conservative groups, and now the Trump administration, have consistently sought to invalidate or undermine the law — so far, with limited or no success. But next year, the Supreme Court is scheduled to consider once again whether the law is unconstitutional.

Despite repeated efforts by Republicans in Congress and the Trump administration to either undermine or entirely do away with the program, Obamacare has remained popular, likely because it has enabled millions of Americans, including those with pre-existing conditions, to obtain medical insurance and medical coverage for the first time.

This content is from Southern California Public Radio. View the original story at SCPR.org.

The Supreme Court; Credit: Mark Sherman/AP

The U.S. Supreme Court begins an extraordinary two weeks of oral arguments Monday. It will be the first time in history that the court has allowed live streaming of its audio, and the first time that the court is hearing arguments via telephone hookup, instead of in the flesh.

The justices are trying to simulate their normal arguments as much as possible, beginning with Chief Marshal Pamela Talkin calling the court to order with a slightly modified version of her usual "Oyez, oyez, oyez...."

After that, very little will be as usual.

Because the arguments are conducted over the phone, the justices and the lawyers cannot see one another, and listeners will all try to imagine where the justices and lawyers are sitting or standing in their homes to hear or present arguments.

While most of the lawyers will be in their homes, the government's lawyers will be making their arguments from the office of the Solicitor General, and in a bow to formality, they plan to wear their usual formal morning coat attire.

The lawyers we sampled, to a person, said they are more comfortable standing, or even standing at a lectern, as they usually do during oral arguments, even though nobody can see them. The arguments are limited to a half hour on each side. And, as usual, each side will get to make an opening argument for two minutes uninterrupted.

After that, under normal circumstances, the justices engage in rapid-fire questioning of the lawyers, interrupting counsel frequently, and even, on occasion, each other.

But starting Monday, the justices will ask questions in order of seniority, for two or three minutes each, with Chief Justice John Roberts starting off, followed by Justice Clarence Thomas — if he has any questions, which he rarely does. (If Thomas asks a question, it will be the first time he has spoken from the bench in over a year, when he broke a three-year silence, which was preceded by a whopping 10-year silence from the bench.)

Next Justice Ruth Bader Ginsburg, who often asks the first question in oral arguments, will be at bat, and so on, ending with the court's newest appointee, Brett Kavanauagh. More questions will be permitted if there is time left at the end of the first round of questioning.

Lawyers say there will be big challenges with the new format.

"You lose the ability to read body language. That's No. 1," says Jay Sekulow, who will be representing President Trump in cases testing whether the president can be subpoenaed for his pre-presidential financial records either by Congress or by a state grand jury subpoena in a criminal case.

As Sekulow observes, oral argument is typically a "pretty intimate event when you're actually arguing in the courtroom. You see them. You can see their reactions. You see if they nod to each other. Here you're doing this literally over a telephone line. So you lose the intimacy."

Stanford Law professor Jeff Fisher, who will be arguing a religion case a week from Monday, agrees. "I just feel that not being able to see their faces and body language is going to be a real challenge. It's just a cost for how effective and useful the arguments are going to be."

The audio argument format presents another interesting twist for the court: For the first time ever, oral arguments will be available via livestream. Typically, Supreme Court arguments are followed by a narrow group of lawyers, law students and court watchers. But with millions of Americans stuck at home, and arguments carried live online and on C-Span, the justices will likely have a larger audience than usual.

Monday's case presents a trademark question — not exactly the kind of thing to rivet public attention. And it is the only case of the day. Clearly, the court is using this relatively unimportant case to see how the system is working, and whether it needs to be adjusted in any way — in short, to work out the bugs.

This content is from Southern California Public Radio. View the original story at SCPR.org.

It was a new day at the Supreme Court, which for the first time ever live-streamed oral arguments.; Credit: Andrew Harnik/AP

The U.S. Supreme Court made history Monday. The coronavirus lockdown forced the typically cautious court to hear arguments for the first time via telephone, and to stream the arguments live for the public to hear.

Chief Justice John Roberts was at the court as the telephone session began, one or two other justices were in their offices at the court, and the rest of the justices dialed in from home.

The first and only case heard Monday involved an arcane trademark question only a lawyer could love. Online travel search engine Booking.com is appealing a U.S. Patent and Trademark Office refusal to grant a trademark to the company.

With the justices asking questions in order of seniority, the first big surprise was that Justice Clarence Thomas, who in the past has gone years without asking a question, did ask one, several in fact, when it came his turn.

"Could Booking acquire an 800 number ... that's a vanity number, 1-800-BOOKING, for example?" Thomas asked Assistant Solicitor General Erica Ross.

Yes, replied Ross, but domain names pose a different problem than phone numbers. Ultimately, she argued "the core problem with Booking.com is that it allows [Booking.com] to monopolize booking on the internet" to the exclusion of other sites like hotelbooking.com.

Justice Stephen Breyer followed up when his turn came: "Same question as Justice Thomas ... good morning, anyway ... You can have a trademark that's an address. You can have a trademark that's a telephone number. So why can't you have a trademark that's a dot-com?"

Justice Samuel Alito noted that the court's prior decision in this area of the law was more than 100 years old, and the statute dealing with trademarks was similarly enacted decades ago.

"How can a rule that makes sense in the internet age be reconciled with the language" in these "pre-Internet era" laws? asked Alito.

Next up to her lectern from her home was lawyer Lisa Blatt. This was her 40th Supreme Court argument and despite being a veteran, she said later that she was, as usual, sick to her stomach beforehand.

But once at the lectern "it's always a rush of excitement," she said, and this time it was a special rush.

"I loved getting a question from Justice Thomas ... I would go to the phone for the foreseeable future if I could get Justice Thomas to ask questions. That was wonderful," she said.

Indeed, despite the new format Blatt and Ross seemed to have had a good time.

"Your client would not object to the registration of any trademark that simply made a slight variation in Booking.com?" asked Alito.

"There's a million booking registrations already," parried Blatt.

Alito: "Would you just answer the question."

Blatt: "They don't and have not and would not."

Not, she added, unless another company ripped off the trademark with no variation. That would be theft, she said.

So, when when the argument was over, what was her reaction?

"After I hung up, I screamed, 'That was hard!' Because you're saying enough to answer, but not too much. And you don't have any like visual feedback, so it was hard."

In the end, she said, the argument felt more like an oral exam than an oral argument.

Tom Goldstein, publisher of Scotusblog, had a similar reaction. Goldstein, who has argued 43 cases before the court, said he thought the argument was probably more useful to the public than usual.

"But I bet it was less useful for the justices," he said. "Because there was less opportunity to follow up on lines of questions and less opportunity to influence someone ... so there's much less engagement in the oral argument."

Still there were no major hitches on this first day. Justice Sonia Sotomayor briefly forget to unmute her phone at one point, prompting a "Sorry, chief." Justice Breyer's voice broke up in static for a second or two. But as Goldstein observes, this was a big change for the court.

"Culturally a change, technologically a change. And it could have been a big embarrassment if it didn't go well, but it went fine," he said. "I think they're happy."

This content is from Southern California Public Radio. View the original story at SCPR.org.

The Supreme Court's second day of arguments by phone was devoted to a new version of a case it decided seven years ago involving federal money to fight AIDS around the world.; Credit: Andrew Harnik/AP

The Supreme Court kicked off a second day of telephone arguments Tuesday with a case that mingles sex, the HIV/AIDS epidemic and free speech.

At issue is whether the government can require private nonprofits to denounce prostitution in order to qualify for U.S foreign aid grants aimed at fighting the worldwide AIDS epidemic. This is the second time the court has faced this issue, but this time it comes with a twist.

In 2003, Congress, at the urging of President George W. Bush, enacted a major foreign aid program to fight the HIV/AIDS pandemic and prevent new infections worldwide. In appropriating the money, Congress included a provision requiring any private organization that received funding through the program to adopt an explicit policy denouncing prostitution and sex trafficking.

In 2013, the Supreme Court struck down that provision, declaring it unconstitutional because it compelled U.S. nonprofits to adopt an explicit policy as a condition for receiving grant money. By a 6-2 vote, the high court said such a requirement interfered with the free speech rights of private U.S. organizations engaged in the fight against AIDS.

The case was back Tuesday, but this time, the question was whether foreign organizations closely affiliated with those same U.S. nonprofits can be required to adopt the policy denouncing prostitution.

Defending the provision was Assistant to the Solicitor General Christopher Michel. He argued that foreign affiliates of U.S. organizations like Save The Children, CARE and WorldVision are separate legal entities from their parent U.S. organizations, and that as foreign entities, they have no rights under the U.S. Constitution.

Chief Justice John Roberts, who wrote the 2013 decision, seemed unpersuaded.

"Is it reasonable to insist on formal corporate ties in this context?" he asked. "It's undisputed that to be effective in many of the foreign countries involved here, you have to operate through a foreign entity."

Michel responded that if the U.S. nonprofits "make the choice to operate through a foreign entity because they decide that is more convenient or more effective, they have to accept the bitter with the sweet."

Roberts still seemed doubtful, noting that the U.S. nonprofits and their foreign affiliates "have the same name, the same logo, the same brand. And I wonder if it makes more sense to think of the foreign entity as simply another channel for the domestic entity's speech."

Representing the nonprofits was lawyer David Bowker. He maintained that for all practical purposes, there is no difference between the U.S. nonprofits and their foreign affiliates, so making the affiliate adopt an anti-prostitution message effectively puts words in the mouth of the U.S. nonprofit.

Questioned by Justice Clarence Thomas, Bowker said that the harm suffered by the U.S. nongovernmental organizations is that their foreign affiliates must either lose their funding by refusing to comply with the anti-prostitution policy or undermine their mission by denouncing the very people they need to work with — namely prostitutes. And if the foreign affiliates make the pledge needed to get funding, he said, the U.S. parent organizations have to disavow their own affiliates' anti-prostitution pledge, thus harming the entire anti-AIDS fight.

"It's a Catch-22 for these U.S. organizations," said Bowker.

Justice Stephen Breyer followed up: "So why don't you simply write a grant to get all the money yourself and then you give it to CARE India? Why doesn't that work?"

Because, replied Bowker, under the statute, CARE USA, in subcontracting a grant to CARE India, would be required to impose the anti-prostitution pledge on its own affiliate on behalf of the government.

Justice Samuel Alito, who signed on to the court's 2013 decision, said he had more concerns in this case — mainly "that it will force Congress to either withhold foreign aid entirely or allow foreign aid to be used in ways that are contrary to the interests of the people of this country."

Justice Brett Kavanaugh followed up: "Suppose the U.S. government wants to fund foreign NGOs that support peace in the Middle East but only if the NGOs explicitly recognize Israel as a legitimate state. Are you saying the U.S. can't impose that kind of speech restriction on foreign NGOs that are affiliated with U.S. organizations?"

Bowker said that kind of a restriction would likely be acceptable because the aid in that case would be tied to the U.S. relationship with Israel.

Kavanaugh moved on to another question, noting, "The government says your position would unleash foreign affiliates of U.S. corporations to pump money" into U.S. election campaigns, something that is explicitly barred under current law.

Bowker replied that U.S. campaign laws, as ruled on by the Supreme Court in prior cases, allow the ban on foreign contributions because they do not come from U.S. entities at all.

A decision in the case is expected some time this summer. While the court usually concludes its work by the end of June, it is expected that this term will extend into July because the arguments in this and nine other cases were postponed for more than a month because of the coronavirus.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Supreme Court Justice Ruth Bader Ginsburg poses for the official photo at the Supreme Court in Washington, D.C. in 2018.; Credit: Mandel Ngan/AFP via Getty Images

Supreme Court Justice Ruth Bader Ginsburg underwent non-surgical treatment Tuesday for a benign gallbladder condition, according to a press release from the Supreme Court. She plans to participate in oral arguments from the hospital on Wednesday, according to the release.

In pain on Monday, Ginsburg went to Sibley Memorial Hospital in Washington after hearing the first-ever Supreme Court teleconference of oral arguments. At Sibley, she was diagnosed with acute cholecystitis, a condition in which a gallstone migrates to the cystic duct. She nonetheless participated in arguments from home on Tuesday, but was in enough pain that she went to Johns Hopkins Hospital in Baltimore for treatment of the infected duct later Tuesday.

Doctors not involved in Ginsburg's care said non-surgical treatment typically involves antibiotics and insertion of a tube to drain the infected duct.

Friends said the justice was in good spirits on Tuesday night, and watching the Metropolitan Opera on her iPad.

Ginsburg's emergency treatment coincides with the U.S. Supreme Court's historic live-streaming of its oral arguments in which the justices are participating by telephone because of the coronavirus. According to the court statement, Ginsburg, 87, is "resting comfortably" and plans to participate in oral arguments again on Wednesday when the court considers an important birth control case.

She is expected to remain in the hospital for another day or two.

Last year, Ginsburg completed three weeks of radiation treatment after a cancerous tumor was discovered on her pancreas. It was the fourth time in 20 years that she had been treated for cancer, and the second time in a year. In December 2019, she was operated on for lung cancer.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Nuns with the Little Sisters of The Poor, including Sister Celestine, left, and Sister Jeanne Veronique, center, rally outside the Supreme Court in Washington on March 23, 2016.; Credit: Jacquelyn Martin/AP

The birth-control wars return to the Supreme Court Wednesday, and it is likely that the five-justice conservative majority will make it more difficult for women to get birth control if they work for religiously affiliated institutions like hospitals, charities and universities.

At issue in the case is a Trump administration rule that significantly cuts back on access to birth control under the Affordable Care Act. Obamacare, the massive overhaul of the health care system, sought to equalize preventive health care coverage for women and men by requiring employers to include free birth control in their health care plans.

Listen to the arguments live beginning at 10 a.m. ET.

Houses of worship like churches and synagogues were automatically exempted from the provision, but religiously affiliated nonprofits like universities, charities and hospitals were not. Such organizations employ millions of people, many of whom want access to birth control for themselves and their family members. But many of these institutions say they have a religious objection to providing birth control for employees.

For these nonprofits, the Obama administration enacted rules providing a work-around to accommodate employers' religious objections. The workaround was that an employer was to notify the government, or the insurance company, or the plan administrator, that, for religious reasons, it would not be providing birth-control coverage to its employees. Then, the insurance company could provide free birth-control options to individual employees separately from the employer's plan.

But some religiously affiliated groups still objected, saying the work-around was not good enough, and sued. They contended that signing an opt-out form amounted to authorizing the use of their plan for birth control. Among those objectors was the Little Sisters of the Poor, an order of Catholic nuns that runs homes for the elderly poor.

The Supreme Court punted in 2016

The Little Sisters sued, and their case first reached the Supreme Court in 2016. At the time, Sister Constance Viet explained why she refused to sign any opt-out form, saying that "the religious burden is what that signifies and the fact that the government would ... be inserting services that we object into our plan. And it would still carry our name."

Back then, when the Little Sisters' case got to the Supreme Court, the justices basically punted, telling the government and the sisters to work together to try to reach a compromise that would still provide "seamless birth control" coverage for employees who want it, without burdening the Sisters' religious beliefs. Although the Little Sisters did eventually get relief from the lower courts, the fight over the accommodations rules continued right up to the end of the Obama administration.

But when President Trump came into office, the administration issued new rules that would give broad exemptions to nonprofits and some for-profit companies that have objections to providing birth-control coverage for their employees. And the new rules expanded the category of employers who would be exempt from the birth-control mandate to include not just those with religious objections, but those with moral objections, too.

New rules

Those new rules, currently blocked by lower courts, are what is at issue Wednesday in the Supreme Court.

"Many states are suing and none of them can find a single actual woman who claims she's been harmed," says Mark Reinezi, president of the Becket Fund for Religious Liberty, which is defending the Trump rules against challenges brought by Pennsylvania and other states.

And, he adds, "there are many other ways to provide contraceptive coverage to people if they happen to work for religious objectors."

Rienzi says that employees who work for birth-control objectors can get coverage from their spouse's insurance plan, or by switching to a different insurance plan on an Obamacare exchange. And he says that birth control is also available under a program known as Title X, which gives money to state and local governments to provide health care for women.

But Brigitte Amiri, the deputy director the of ACLU's Reproductive Freedom project, says the idea that Title X could make up for the lost coverage is "a joke." Amiri notes that the Title X program has been underfunded for years, and the Trump administration has issued new regulations that in her words "decimated the program."

According to Amiri, "the Trump administration and Vice President [Mike] Pence have long wanted to ... take away coverage for contraception. They want to block access to birth control. They want to block access to abortion ... so this is all part and parcel of the overall attack on access to reproductive health care."

Potential consequences

She maintains that if the expanded Trump rules are upheld for religious objectors, hundreds of thousands of women across the country will lose their contraceptive coverage. Ultimately, Amiri says, there just is no way to maintain birth-control coverage for employees who work for religiously affiliated institutions unless that employer, as she puts it, is willing to "raise their hand" to opt out.

A break in birth-control coverage that big could have serious consequences, say say birth-control advocates. They note that the National Academy of Medicine, a health policy nonprofit, recommended the original rules because birth control is prescribed not just to avoid pregnancy but also to treat various female medical conditions. In fact, it is the most frequently taken drug for women ages 15-60. And it is expensive, $30 a month and more for pills, and as much as $1,000 for buying and having an IUD inserted.

Birth-control advocates say that's the very reason that a broad requirement to cover birth control in insurance was included in Obamacare. They say the new Trump rule improperly undermines that mandate.

But selling that argument to the Supreme Court will be hard. When the court last considered this issue in 2016, its makeup was far less conservative than it is now. Since then, two Trump appointees have been added to the court. And both of those appointees — Neil Gorsuch and Brett Kavanaugh — have already indicated strong support for the notion that religious rights may often trump other rights.

This content is from Southern California Public Radio. View the original story at SCPR.org.

The Supreme Court justices heard oral arguments remotely this week, and for the first time the arguments were streamed live to the public.; Credit: Saul Loeb/AFP via Getty Images

For the first time in its 231-year history, the Supreme Court justices heard oral arguments remotely by phone and made the audio available live.

The new setup went off largely without difficulties, but produced some memorable moments, including one justice forgetting to unmute and an ill-timed bathroom break.

Here are the top five can't-miss moments from this week's history-making oral arguments.

A second week of arguments begin on Monday at 10 a.m. ET. Here's a rundown of the cases and how to listen.

1. Justice Clarence Thomas speaks ... a lot

Supreme Court oral arguments are verbal jousting matches. The justices pepper the lawyers with questions, interrupting counsel repeatedly and sometimes even interrupting each other.

Justice Clarence Thomas, who has sat on the bench for nearly 30 years, has made his dislike of the chaotic process well known, at one point not asking a question for a full decade.

But with no line of sight, the telephone arguments have to be rigidly organized, and each justice, in order of seniority, has an allotted 2 minutes for questioning.

It turn out that Thomas, second in seniority, may just have been waiting his turn. Rather than passing, as had been expected, he has been Mr. Chatty Cathy, using every one of his turns at bat so far.

Thomas broke a year-long silence on Monday in a trademark case testing whether a company can trademark by adding .com to a generic term. In this case, Booking.com.

"Could Booking acquire an 800 number, for example, that's a vanity number — 1-800-BOOKING, for example?" Thomas asked.

2. The unstoppable RBG

Justice Ruth Bader Ginsburg participated in Wednesday's argument from the hospital. In pain during Tuesday's arguments, the 87-year-old underwent non-surgical treatment for a gall bladder infection at Johns Hopkins Hospital later that day, according to a Supreme Court press release.

But she was ferocious on Wednesday morning, calling in from her hospital room in a case testing the Trump administration's new rule expanding exemptions from Obamacare's birth control mandate for nonprofits and some for-profit companies that have religious or moral objections to birth control.

"The glaring feature" of the Trump administration's new rules, is that they "toss to the winds entirely Congress' instruction that women need and shall have seamless, no-cost, comprehensive coverage," she said.

3. Who flushed?

During Wednesday's second oral argument, Barr v. American Association of Political Consultants, a case in which the justices weighed a First Amendment challenge to a federal rule than bans most robocalls, something very unexpected happened.

Partway through lawyer Roman Martinez's argument time, a toilet flush could be distinctly heard.

Martinez seemed unperturbed and continued speaking in spite of the awkward moment.

The flush quickly picked up steam online, becoming the first truly viral moment from the court's new livestream oral arguments.

4. Hello, where are you?

Justice Sonia Sotomayor, considered one of the most tech-savvy of the justices, experienced a couple of technical difficulties with her mute button.

In both Monday and Tuesday arguments, the first time she was at bat, there were prolonged pauses, prompting Chief Justice John Roberts to call, "Justice Sotomayor?" a few times before she hopped on with a brief, "Sorry, Chief," before launching into her questions.

By Wednesday she seemed to have gotten used to the new format, but the trouble then jumped to Thomas, who was entirely missing in action when his turn came. He ultimately went out of order Wednesday morning.

5. Running over time

Oral arguments usually run one hour almost exactly, with lawyers for each side having 30 minutes to make their case. In an attempt to stick as closely as possible to that format, the telephone rules allocate 2 minutes of questioning to each justice for each round of questioning.

Chief Justice John Roberts spent the week jumping into exchanges, cutting off both lawyers and justices in the process, to keep the proceedings on track. Even so the arguments ran longer than usual.

But in Wednesday's birth control case, oral arguments went a whopping 40 minutes longer than expected.

Justice Alito, for his part, hammered the lawyer challenging the Trump administration's new birth control rules for more than seven minutes, without interruption from the chief justice.

Referencing a decision he wrote in 2014, Alito said that "Hobby Lobby held that if a person sincerely believes that it is immoral to perform an act that has the effect of enabling another person to commit an immoral act, the federal court does not have the right to say that this person is wrong on the question of moral complicity. That is precisely the question here."

Christina Peck is NPR's legal affairs intern.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Embattled Korean Resource Center board president DJ Yoon takes interviews in a photo dated February 2014. ( ; Credit: Korean Resource Center via Flickr

In Los Angeles, another Asian American civil rights organization is in upheaval. A month after major layoffs at Asian Americans Advancing Justice-Los Angeles, the Korean Resource Center has lost more than half of its staff.  

The Korean Resource Center  is a leading advocate for low-income and undocumented Koreans. Its organizers worked on flipping Orange County from red to blue. Its legal staff provides free aid to immigrants. But 18 people have left in recent weeks, many upset with board president DJ Yoon and his management style. 

This content is from Southern California Public Radio. View the original story at SCPR.org.

Homeless advocates erected a line of tents outside the Echo Park office of City Councilman Mitchell O'Farrell Feb. 12, 2020 to pressure him into meeting with them.; Credit:

Members of several groups of homeless advocates from across Los Angeles converged on a homeless encampment at the north end of   Echo Park Lake on Feb. 12 to protest the routine weekly litter collection.

A cleanup crew assisted by park rangers and city police officers did a once-through the campsite for miscellaneous trash, followed closely by a chanting and critical crowd of protesters.

The homeless advocates had erected extra tents that morning in protest of what they consider invasive cleanups. They also were trying to get City Councilman Mitchell O'Farrell to agree to meet with them as a group, same as he has met with other local organizations of homeowners and residents.

O'Farrell's spokesman Tony Aranga had insisted staffers were willing to meet with individuals to address their housing and other support needs.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Brad Bird accepts the Best Animated Feature Award for Incredibles 2 during The National Board of Review Annual Awards Gala at Cipriani 42nd Street on January 8, 2019 in New York City. ; Credit: Dia Dipasupil/Getty Images for National Board

Brad Bird has made a name for himself as the director of new age, animated classics, like “The Iron Giant” and “The Incredibles”. Now he’s teaming up with Turner Classic Movies to share his picks for classic movie watching that will keep you busy and entertained while you’re stuck at home.

Bird has curated a list of his favorite films which will air on this season’s “The Essentials” with TCM Primetime host Ben Mankiewicz. Every Saturday from May up to January of next year, TCM will air one of twenty movies chosen by Bird. His list includes big-name classics that any movie buff will recognize, like “Casablanca” and “Dr. Strangelove”. But Bird throws in a few surprises, one being that there are no animated films on his list. Another surprising thing viewers will notice is that about a third of the films included are musicals, like “Singin’ In The Rain” and “Guys And Dolls”. With TCM’s seemingly infinite library of movie classics to choose from, Bird says narrowing it down to only twenty favorites was a challenge. According to Bird, his list comprises movies that are not only entertaining but “transcend time” and “speak in a language that is still in many ways current”.

“The Essentials” was filmed in early December, but Bird’s list is coming out during a time when movie-going is looking very different these days. The virus has put the entire film industry on pause, with studios halting production and theaters closing their doors indefinitely. In lieu of new movie releases and regular theater-going, many are taking the opportunity to revisit the classics and Bird’s list provides a starting guide for which ones should be on your watch-list.

Today on FilmWeek, Brad Bird joins us to talk about his favorite movies, what projects he has lined up, and his thoughts on how the film industry is adjusting to and getting through the pandemic.

TCM’s “The Essentials” will air on Saturdays at 8 p.m. beginning May 2. For the full list and schedule of films, click here.

Guest:

Brad Bird, animator, director and screenwriter whose directing credits include Pixar’s “Ratatouille” and “The Incredibles” films and Disney’s “The Iron Giant”; he tweets at @BradBirdA113

This content is from Southern California Public Radio. View the original story at SCPR.org.

An experimental wave energy project in the UK has allowed researchers an early view of how the public might respond to large-scale development and the reaction is surprisingly positive. This is encouraging, says the study, but the potential for future conflict between the public and wave energy developers should not be overlooked.

Larry Ellison, CEO of Oracle Corporation, gestures as he makes a speech during the New Economy Summit 2014 in this file photo taken in Tokyo on April 9, 2014. The company said Thursday, September 18, 2014, that Ellison would step aside as CEO and become chairman and chief technology officer.; Credit: TORU YAMANAKA/AFP/Getty Images

Oracle says Larry Ellison is stepping aside as CEO of the company he founded. The business software maker promoted Safra Catz and Mark Hurd to replace him as co-CEOs.

Ellison will reclaim the title of chairman at Oracle and is also taking the role of chief technology officer. Oracle says Ellison wants to focus on product engineering, technology development and strategy. Jeff Henley, Oracle's chairman since January 2004, is now its vice chairman.

Catz and Hurd were co-presidents of the Redwood Shores, California, company. Catz will be in charge of the company's manufacturing, finance and legal functions. Hurd will be in charge of sales, service, and other global business units.

Ellison founded Oracle Corp. in 1977 and was its chairman from May 1995 to January 2004.

The Trump administration asked the Supreme Court to block Congress from seeking the materials, saying, "The government will suffer irreparable harm absent a stay."; Credit: Andrew Harnik/AP

The Supreme Court has temporarily put on hold the release of redacted grand jury material from the Russia investigation to a House panel.

The Trump administration is trying to block the release.

Last October, a district court judge ruled the Justice Department had to turn over the materials, which were blacked out, from former special counsel Robert Mueller's report into Russian interference in the 2016 election.

An appeals court upheld the decision, but the Trump administration, hoping to keep the evidence secret, appealed to the Supreme Court.

Chief Justice John Roberts' order temporarily stops the process. Lawyers for the House Judiciary Committee have until May 18 to file their response to the Justice Department's attempts to keep the materials from the House panel.

The Justice Department had until Monday to turn over the material following the appeals court order. But on Thursday, the Trump administration asked the Supreme Court to block Congress from seeking it, saying, "The government will suffer irreparable harm absent a stay."

This content is from Southern California Public Radio. View the original story at SCPR.org.

The Supreme Court justices heard oral arguments remotely this week, and for the first time the arguments were streamed live to the public.; Credit: Saul Loeb/AFP via Getty Images

For the first time in its 231-year history, the Supreme Court justices heard oral arguments remotely by phone and made the audio available live.

The new setup went off largely without difficulties, but produced some memorable moments, including one justice forgetting to unmute and an ill-timed bathroom break.

Here are the top five can't-miss moments from this week's history-making oral arguments.

A second week of arguments begin on Monday at 10 a.m. ET. Here's a rundown of the cases and how to listen.

1. Justice Clarence Thomas speaks ... a lot

Supreme Court oral arguments are verbal jousting matches. The justices pepper the lawyers with questions, interrupting counsel repeatedly and sometimes even interrupting each other.

Justice Clarence Thomas, who has sat on the bench for nearly 30 years, has made his dislike of the chaotic process well known, at one point not asking a question for a full decade.

But with no line of sight, the telephone arguments have to be rigidly organized, and each justice, in order of seniority, has an allotted 2 minutes for questioning.

It turn out that Thomas, second in seniority, may just have been waiting his turn. Rather than passing, as had been expected, he has been Mr. Chatty Cathy, using every one of his turns at bat so far.

Thomas broke a year-long silence on Monday in a trademark case testing whether a company can trademark by adding .com to a generic term. In this case, Booking.com.

"Could Booking acquire an 800 number, for example, that's a vanity number — 1-800-BOOKING, for example?" Thomas asked.

2. The unstoppable RBG

Justice Ruth Bader Ginsburg participated in Wednesday's argument from the hospital. In pain during Tuesday's arguments, the 87-year-old underwent non-surgical treatment for a gall bladder infection at Johns Hopkins Hospital later that day, according to a Supreme Court press release.

But she was ferocious on Wednesday morning, calling in from her hospital room in a case testing the Trump administration's new rule expanding exemptions from Obamacare's birth control mandate for nonprofits and some for-profit companies that have religious or moral objections to birth control.

"The glaring feature" of the Trump administration's new rules, is that they "toss to the winds entirely Congress' instruction that women need and shall have seamless, no-cost, comprehensive coverage," she said.

3. Who flushed?

During Wednesday's second oral argument, Barr v. American Association of Political Consultants, a case in which the justices weighed a First Amendment challenge to a federal rule than bans most robocalls, something very unexpected happened.

Partway through lawyer Roman Martinez's argument time, a toilet flush could be distinctly heard.

Martinez seemed unperturbed and continued speaking in spite of the awkward moment.

The flush quickly picked up steam online, becoming the first truly viral moment from the court's new livestream oral arguments.

4. Hello, where are you?

Justice Sonia Sotomayor, considered one of the most tech-savvy of the justices, experienced a couple of technical difficulties with her mute button.

In both Monday and Tuesday arguments, the first time she was at bat, there were prolonged pauses, prompting Chief Justice John Roberts to call, "Justice Sotomayor?" a few times before she hopped on with a brief, "Sorry, Chief," before launching into her questions.

By Wednesday she seemed to have gotten used to the new format, but the trouble then jumped to Thomas, who was entirely missing in action when his turn came. He ultimately went out of order Wednesday morning.

5. Running over time

Oral arguments usually run one hour almost exactly, with lawyers for each side having 30 minutes to make their case. In an attempt to stick as closely as possible to that format, the telephone rules allocate 2 minutes of questioning to each justice for each round of questioning.

Chief Justice John Roberts spent the week jumping into exchanges, cutting off both lawyers and justices in the process, to keep the proceedings on track. Even so the arguments ran longer than usual.

But in Wednesday's birth control case, oral arguments went a whopping 40 minutes longer than expected.

Justice Alito, for his part, hammered the lawyer challenging the Trump administration's new birth control rules for more than seven minutes, without interruption from the chief justice.

Referencing a decision he wrote in 2014, Alito said that "Hobby Lobby held that if a person sincerely believes that it is immoral to perform an act that has the effect of enabling another person to commit an immoral act, the federal court does not have the right to say that this person is wrong on the question of moral complicity. That is precisely the question here."

Christina Peck is NPR's legal affairs intern.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Shares of Tronox Holdings traded higher after the company released preliminary Q1/20 earnings data and provided an update on its ongoing operations.

Full Text:

Bridges make travel faster and more convenient, but, in an earthquake, these structures are subject to forces that can cause extensive damage and make them unsafe. Now civil and environmental engineer Petros Sideris of Texas A&M University is leading a National Science Foundation (NSF)-funded research project to investigate the performance of hybrid sliding-rocking (HSR) columns. HSR columns provide the same support as conventional bridge infrastructure columns but are more earthquake-resistant. HSR columns are a series of individual concrete segments held together by steel cables that allow for controlled sliding and rocking. This allows the columns to shift without damage, while post-tensioning strands ensure that at the end of an earthquake the columns are pushed back to their original position. Conventional bridges are cast-in-place monolithic concrete elements that are strong but inflexible. Structural damage in these bridge columns, typically caused by a natural disaster, often forces a bridge to close until repairs are completed. But bridges with HSR columns can withstand large earthquakes with minimal damage and require minor repairs, likely without bridge closures. Such infrastructure helps with post-disaster response and recovery and can save thousands in taxpayer dollars. In an earthquake, HSR columns provide "multiple advantages to the public," Sideris said. "By preventing bridge damage, we can maintain access to affected areas immediately after an event for response teams to be easily deployed, and help affected communities recover faster. In mitigating losses related to post-event bridge repairs and bridge closures, more funds can be potentially directed to supporting the recovery of the affected communities." According to Joy Pauschke, NSF program director for natural hazards engineering, "NSF invests in fundamental engineering research so that, in the future, the nation's infrastructure can be more resilient to earthquakes, hurricanes, and other forces of nature."

Image credit: Texas A&M University

Tradeshift, a supply...

If we can’t secure the supply chain, eventually everything else will break

The post What happens when the global supply chain breaks? appeared first on WeLiveSecurity

With World Backup Day upon us, we walk you through the ways to back up your iPhone or Android phone so that your personal information remains safe

The post Have you backed up your smartphone lately? appeared first on WeLiveSecurity

ESET researchers discover, and play a key role in the disruption of, a 35,000-strong botnet spreading in Latin America via compromised USB drives

The post Following ESET’s discovery, a Monero mining botnet is disrupted appeared first on WeLiveSecurity

My new book LOSERTHINK, available now on Amazon https://tinyurl.com/rqmjc2a Content: The coronavirus pandemic viewed through a Dilbert filter Victor David Hanson: “credentialed class” keeps getting it wrong My Twitter debate with a doctor, on testing feasibility Models function is to manipulate perception Paying to have airline middle seats empty If you would like my channel […]

The post Episode 958 Scott Adams: Grab Your Beverage and Buckle Up appeared first on Scott Adams' Blog.

South-Africa based PSP Thumbzup and cloud service distributor

A recent study has assessed the lifecycle environmental impact during the production and use phase of three battery types for plug-in hybrid (PHEV) and full performance battery electric vehicles (BEV). The study indicates that newer lithium-ion (Li-ion) technologies outperform current nickel-metal hydride (NiMH) batteries and identifies processes contributing to 13 environmental impacts

While cities worldwide are expanding so is the significant carbon dioxide footprint of urban transport. Consequently, there is an urgent need for sustainable urban mobility solutions. A thorough analysis of the variables and dynamics of urban mobility in cities can aid in planning sustainable mobility policy. This study used a new system of classification by type (typologisation) relevant to urban mobility in global cities, with data from 331 cities in 124 countries covering 40% of the global urban population (as of 2016).

New research has compared the environmental impact of four alternative methods of water supply in Copenhagen. Results indicated that rain and stormwater harvesting is the most environmentally sound approach, whilst desalination currently has a large environmental impact, mainly due to electricity use. However, if freshwater extraction is included as an impact, the environmental credibility of desalination is improved.

Green supply chain management (GSCM) is a holistic approach to improving environmental performance along the supply chain. A new study by Italian researchers on over 4000 manufacturing facilities in seven developed countries has indicated that GSCM increases environmental performance.

Building Information Modelling (BIM) can enhance the design of a building, reduce costs and save energy. However, little research has been carried out on its impact on sustainable practices. A US survey illustrates that many practitioners do not see sustainability as a primary application, suggesting that more effort is needed to encourage the integration of ‘green’ design and construction into BIM.

A bug is making it so users are unable to enable HDR video streaming after upgrading to Windows 10 1903 or later if they previously disabled the setting. [...]

A hacking group has started to flood a dark web hacking marketplace with databases containing a combined total of 73.2 million user records over 11 different companies. [...]

A new global map of urban areas is available for use which shows that cities occupy less than 0.5 per cent of the world’s total land area.

Many citizens living in the countries surrounding the Baltic Sea consider the Sea to be an important recreational area but are concerned about its environmental status, with regard to litter, biodiversity loss, heavy metals and hazardous substances, oil spills and algal blooms. These are the findings of a survey of 9000 citizens, which indicates widespread support for the polluter pays principle to tackle environmental problems in the Baltic Sea.

Public authorities in EU Member States are encouraged to purchase more environmentally-friendly goods and services through Green Public Procurement (GPP). A recent survey of purchasing managers in Italy has identified some factors that influence their adoption of this strategy, and suggests that a broad knowledge of GPP is key to its implementation.

Scientists from the Universities of Bristol and Málaga have proposed that the long extinct marsupial lion hunted in a very unique way - by using its teeth to hold prey before dispatching them with its huge claws.

read more

The fossil remains of a new tiny species of marsupial lion which prowled the lush rainforests of northern Australia about 18 million years ago have been unearthed in the Riversleigh World Heritage Area of remote north-western Queensland.

read more