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    ‘Really a mess’: US’s air traffic control system suffering from years of neglect

    Twice in the past two weeks, communications between air traffic controllers and airplanes at Newark Liberty, one of the US’s busiest airports, have failed – leaving controllers unable to communicate with pilots.The outages have, thankfully, only led to massive delays, not disaster. But they have also once again focused a harsh light on the persistent safety problems at US airports, which handle over 50,000 flights a day.As a result of that estimated 90-second communications breakdown on 28 April, many air traffic controllers said they felt traumatized, and thousands of passengers suffered from the hundreds of canceled and delayed flights. A brief radar outage on Friday morning left radar screens black for another 90 seconds – underlining a growing crisis.Political leaders were quick to criticize the rickety state of the air traffic system. Senator Charles Schumer of New York said the Federal Aviation Administration (FAA) was “really a mess”, while New Jersey’s governor, Phil Murphy, decried “decades of underinvestment” in air traffic control infrastructure, “delays” in modernizing technology, and “inadequate air traffic control staffing”.The transport department’s inspector general has found that at 20 of the nation’s 26 most critical airports, air traffic control staffing falls below the 85% minimum level, with many controllers forced to work 10-hour days and six-day weeks. After the communications breakdown in Newark, several air traffic controllers there was so shaken that they went on “trauma leave”, leaving that airport even more understaffed.The Trump administration moved swiftly to respond after the alarming episode at Newark. On Thursday, Sean Duffy, the secretary of transportation, unveiled a plan to build a new state-of-the-art system that would overhaul the technology used by the nation’s air traffic controllers. Duffy said his plan would replace “antiquated telecommunications, with new fiber, wireless and satellite technologies at over 4,600 sites”.“A lot of people have said: this problem is too complicated, too expensive, too hard,” Duffy said on Thursday. “But we are blessed to have a president who actually loves to build and knows how to build.”Airlines and the air traffic controllers’ union applauded Duffy’s proposal, but several airline industry experts voiced fears that it would fall short, as have many past plans to fix the system. In a statement, the Modern Skies Coalition, a group of industry associations and experts, said: “We are pleased that the secretary has identified the priorities of what must be done to maintain safety and remain a leader in air navigation services.”The air traffic control system has been through some tough months. In January, a commercial jet collided with an army helicopter near Reagan Washington National airport, killing 67 people in the deadliest aviation disaster in the US since 2001. Trump upset many aviation industry experts and outraged many Americans when he, even before an investigation was begun, rushed to blame the crash on diversity, equity and inclusion.On 1 May, another army helicopter forced two flights to abort their landings at Reagan airport. Newark airport has suffered at least two other similar communications breakdowns since last August. A New York Times investigation in 2023 found that close calls involving commercial airlines occurred, on average, several times each week – with 503 air traffic control lapses occurring in the 12 months before 30 September 2023.For some these latests issues are part of a much older story. “The system’s staffing problems started when Ronald Reagan fired over 10,000 air traffic controllers,” after they went on strike in 1981, said Sara Nelson, president of the Association of Flight Attendants.“And those problems were worsened by his pushing the hatred of government and the dismantling of government. That’s what’s put us on the track to where we are today. There were budget cuts and tax cuts for the rich, and all that stopped us from doing the infrastructure projects and hiring and training that we needed to have a stable system.”The nation’s air navigation system has just under 10,800 certified controllers, but their union, the National Air Traffic Controllers Association, says there needs to be more than 14,300, the number recommended by an arm of the FAA, called the Collaborative Resource Workgroup. There are over 2,000 controllers in training, and the union has urged the Trump administration to increase the number in the pipeline. Training usually takes 18 to 24 months, and getting up to speed to work at the most demanding airports such as JFK and Newark can take more than three years.“There is a shortage of controllers nationwide, but not to the degree it’s occurring at Newark,” said Jeff Guzzetti, an industry consultant who was an investigator for the FAA and National Transportation Safety Board.“There’s been a shortage of controllers for years, if not decades. That shortage was exaggerated by Covid; they couldn’t conduct training for new controllers. Beyond that, they’ve always had a problem finding the right people with the right skills to control traffic and to get people to pass the course work at the training academy and then to get them up to speed.”Many trainees drop out and don’t pass their exams, and many controllers don’t stay in the job because it is so stressful. In recent years, the number of controllers has been relatively flat. The total has declined by 10% since 2012 due to retirements and trainees failing to finish their requirements.“It’s not only the shortage of air traffic controllers. It’s antiquated facilities and equipment and software,” Guzzetti said. Many facilities still rely on floppy disks and copper wire.He said: “It’s all coming to a head now in New York and Newark. Newark has always been the worst in terms of air traffic staffing and modernizing its equipment.”Last September, the Government Accountability Office said the FAA needed to take “urgent action” to deal with its antiquated air traffic control systems. It said 51 of the FAA’s 138 air traffic control systems were unsustainable.On Thursday, Duffy did not say what his modernization plan would cost. The House transportation and infrastructure committee says it would cost $12.5bn to overhaul the air traffic control system, but Duffy says his plan would cost more than that. “Decades of neglect have left us with an outdated system that is showing its age,” he said. “Building this new system is an economic and national security necessity.”On May 1, Duffy announced a related plan filled with incentives that he said would “supercharge the air traffic controller work force.” It includes $5,000 bonuses to new hires who successfully finish the initial training.Joseph McCartin, a labor historian at Georgetown University who wrote a book about the 1981 air traffic controllers’ strike, said that ever since Reagan fired 11,345 striking controllers, “the system has been out of sync”.“The natural rhythm of the system broke down and we never fully recovered,” he said. “We’ve improved over time, but the FAA still has grave difficulty staffing facilities.”McCartin added: “[Elon Musk’s] Doge has made things only worse. The entire system that federal employees operate under has been terribly destabilized. The FAA exists in a world where this entire project of the federal government is teetering.”Robert W Mann Jr, an aviation industry analyst, said that for 40 years there have been FAA reauthorizations approved by Congress, but they haven’t fixed the problems. “Unless you do it right, it doesn’t make a difference what you spend,” he said. “You won’t have solved the root causes.”Nonetheless, Mann said he remained confident about airline safety. He said: “There’s a primacy in this business. Whether you’re working at airlines or the FAA, safety is the first thing.”Mann said that days when an airport faces severe understaffing of air traffic controllers or a crush of airplanes eager to take off as bad weather lifts, there will often be delays to ensure safety. “I’m not worried about safety,” Mann said, “but I might be worried that my flight will be four hours’ late.”Nelson, the flight attendants’ president, said that the US should be thankful to air traffic controllers because their job is so hard, stressful and important. “They should be commended for working in a system that’s crumbling,” she said. “They’re the ones we all need to applaud right now. They’re like the nurses during Covid, when everyone came out at 6 o’clock to bang pots and pans.”A big question now is whether Congress will approve the money for Duffy’s ambitious modernization plan. Nelson said: “I hate to say we’re a canary in the coalmine, but those of us in the airline industry have known for a long time that a lot of this [the air traffic control equipment] has been a problem. What happened in Newark is a sign of what will come in other airports if we don’t get the budget we need.” More

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    Patricia Clarkson: ‘When women make equal pay, everybody wins’

    Patricia Clarkson, who portrays late equal pay activist Lilly Ledbetter in a biopic released this week, has a wish.The Oscar-nominated actor hopes her fellow American women collectively withhold sex from their partners – especially men in power – if the second Trump administration’s assault on diversity, equity and inclusion initiatives ever takes aim at the gains won by the subject of her new film.“Do not go after this – do not because there will be a Lysistrata moment,” she told the Guardian in an interview recently, alluding to the ancient Greek comedy about women resolving to abstain from sex to compel the men in their nation to stop warring and sign a peace treaty. “We will put chastity belts back on.”Clarkson is only the latest in a long lineage to float the idea of a sex strike as a protest tactic. Nonetheless, what sets the Easy A and Sharp Objects star’s admonition and potential call to action apart is that it comes as her starring turn in Lilly coincides with the first months of a second Donald Trump presidency marked in large part by the rollback of policies meant to widen the professional opportunities of historically underrepresented groups.Directed by Rachel Feldman, Lilly dramatizes the struggles endured by a working-class mother from Alabama who began working at the tire manufacturer Goodyear in 1979 before becoming its only female supervisor and eventually realizing she was paid substantially less than her male colleagues, including much less experienced ones.She sued and at one point had been awarded nearly $4m in damages and backpay. But, in 2007, the US supreme court ruled that she had waited too long to sue, preventing her from ever collecting her award.Ultimately, with lobbying from Ledbetter and supporters that she picked up while pursuing her lawsuit, Congress enacted legislation early in Barack Obama’s presidency that afforded workers greater latitude to sue their employers over unequal and discriminatory pay.Clarkson said she did not get to meet Ledbetter before her death at age 86 in October. So Clarkson said she drew inspiration for her portrayal of the resolute Ledbetter in large part from her mother, Jacquelyn “Jackie” Brechtel Clarkson, who served several terms as a Democratic member of New Orleans’s city council and Louisiana’s state legislature during a political career regarded as legendary in their home town.She marveled at how her mother, who died at age 88 about four months before Ledbetter, never compromised raising five daughters – “all working women” – while facing down countless intense political battles.“They had similar DNA in ways that came to me as I was doing these scenes,” Clarkson said.To say the least, the political climate depicted in Lilly through Clarkson’s acting as well as through archival footage of prominent liberal American political figures who philosophically aligned themselves with her has changed seismically.In between Trump presidencies, the US supreme court eliminated the federal abortion rights established by Roe v Wade, a staggering blow to women’s reproductive rights.Trump has then spent his second presidency pushing his government to withhold funds from institutions which adhere to DEI practices that took hold nationally after the Minneapolis police’s murder of George Floyd in 2020.Less than two weeks before Lilly’s theatrical release, Trump’s defense secretary, Pete Hegseth, announced his intent to eliminate a program meant to promote women’s contributions and safety in global conflict zones. The announcement raised eyebrows given that it was implemented during Trump’s first presidency and had drawn a ringing endorsement from his daughter, Ivanka.Clarkson made it a point to deliver an impassioned defense of DEI measures in general, urging Americans to stay informed about the topic despite the other fights being stoked by Trump’s second presidency.“When we work with people of every race, creed, color, sexual preference – that’s the best part of this world we live in,” Clarkson said. “I refuse to live in the world” demonizing that concept.Speaking to the Guardian after accepting the New Orleans Film Society’s Celluloid Hero Award and hosting a local screening of Lilly in early April, Clarkson said she honestly could not envision the Trump administration turning its crosshairs on the equal pay progress that has become synonymous with Ledbetter.“Equal pay is not – it’s not a political issue,” Clarkson said. “It’s a human rights issue.skip past newsletter promotionafter newsletter promotion“Wherever you live across this great country, whether you are Black or white or brown or young or old or whatever you are, Republican or Democrat – when women make equal pay, everybody wins.”Yet the New York City resident also fears nothing is truly off the table during a second Trump presidency that has already shattered political norms many could not imagine being vulnerable. And if the administration dares to test something as drastic as re-implementing a system where pay is based on gender, she said she hoped the public mounts commensurate resistance – from Ivanka herself trying to talk some sense into her father to a women’s sex strike if necessary.View image in fullscreen“How is it cool for anyone to want their spouse, the love of their life, to be paid less, and you’re still going to ask for sex?” said Clarkson, who once attained digital virality with an appearance in the music video to the Lonely Island song Mother Lover, an irreverent ballad of sorts to desirable moms. “I say, ‘Honey, there must be another bedroom I’m sleeping in.’”Clarkson was quick to point out that she has faith in the willingness of men to step up in the event that Ledbetter’s achievements are ever directly threatened. By way of evidence, Clarkson said she was glad Lilly spent a decent amount of its 93-minute run time exploring how Ledbetter’s husband of 52 years, Charles, steadily supported her professional goals and activism despite the backlash they generated for the couple and their two children.The decorated US army veteran, played by John Benjamin Hickey, never sought to persuade her to settle for less than she believed that she deserved in hopes of easing some of the pressure. He instead remained in her corner until his death at 73 in 2008, a little more than a month before the Lilly Ledbetter Fair Pay Act for which his beloved battled so hard became the first piece of legislation Obama signed as president.Clarkson said Charles Ledbetter’s unquestioning devotion to Lilly reminded her of the love the actor’s mother shared with her father, Arthur Alexander “Buzz” Clarkson Jr, a former medical school administrator to whom Jackie was married for more than 70 years.“My father wanted my mother to run this city,” Clarkson said while seated in the living room of an 18th-floor suite in downtown New Orleans’s Windsor Court hotel. “My father wanted my mother to make this city better.“Lilly’s husband wanted her to succeed. Charles … got caught up in her journey in realizing what she was sacrificing and the injustice of not being paid” adequately for the time she dedicated to making ends meet for her family.Clarkson has previously said that she chose to be unmarried and not have children. But she said she admired how her father and Charles Ledbetter were “kick-ass husbands that loved every single moment of their [wives’] lives”. And it positioned the women whom each of those men loved to thrive in the face of political adversity, providing an example Clarkson said she hopes more American spouses – especially husbands – emulate.As Clarkson put it: “These remarkable men stood by these women. And they wanted them.”

    Lilly is out in US cinemas now with a UK date to be announced More

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    Trump news at a glance: White House doesn’t trust Hegseth to choose new chief of staff

    Exasperated by the turmoil that has dogged Pete Hegseth’s office in recent weeks, the White House will block the US defense secretary’s choice of chief of staff and select a candidate of its own, according to two people familiar with the matter.Hegseth had suggested giving the chief of staff position to Marine Col Ricky Buria after the first person in the role, Joe Kasper, left last month in the wake of a contentious leak investigation that brought the ouster of three other senior aides. But the White House has made clear to Hegseth that Buria will not be elevated.Here are the key stories at a glance:White House block Hegseth choice for new chief of staffThe move to block Hegseth’s choice at this juncture is unusual and reflects Donald Trump’s intent to keep Hegseth by trying to insulate him from any more missteps.Read the full storyTrump mulls ending habeas corpusThe Trump administration is considering suspending the writ of habeas corpus, the legal right to challenge one’s detention, Stephen Miller, a top White House adviser, said on Friday.Suspending habeas corpus would be an extremely aggressive move that would dramatically escalate the Trump administration’s efforts to attack the rule of law in American courts as it tries to deport people without giving them a chance to challenge the basis of their removals.Read the full storyJudge orders release of detained Tufts studentA federal judge in Vermont on Friday morning ordered the release on bail of a Tufts University student arrested in March for her political speech and now held in Louisiana in what she and her lawyers argue is a breach of her constitutional rights.The judge had ordered Rümeysa Öztürk’s return to Vermont, where she was briefly held after being grabbed on the street by masked immigration agents near Boston, for hearings.Read the full storyTrump floats China tariff cut to 80%Donald Trump has floated cutting tariffs on China from 145% to 80% before a weekend meeting as he looks to de-escalate the trade war.Top US officials are expected to meet a high-level Chinese delegation this weekend in Switzerland in the first significant talks between the two nations since Trump provoked a trade war with stiff tariffs on imports.The US president wrote “80% Tariff on China seems right! Up to Scott B” on his social media account on Friday morning, referring to Scott Bessent, the treasury secretary.Read the full storyUS considers special status for GreenlandUS officials are discussing a plan to pull Greenland into America’s sphere of influence using a type of agreement that the United States has used to keep close ties with several Pacific Island nations, according to two US officials and another person familiar with the discussions.Under the plan being considered, the Trump administration would propose to Greenland’s leaders that the island enter into a so-called compact of free association, or Cofa, with the United States.Read the full storyLawyer who prosecuted Trump hauled in front of House judiciary committeeThe former special counsel prosecutor Jay Bratt is expected to appear before the Republican-led House judiciary committee next week as it attempts to find instances of politicization in the federal criminal cases brought against Donald Trump, according to three people familiar with the matter.The deposition of Bratt, who led the criminal case over Trump’s alleged mishandling of classified documents as a top deputy to the former special counsel Jack Smith, has been scheduled for 10am ET next Wednesday, according to a notice reviewed by the Guardian.Read the full storyWhat else happened today:

    Donald Trump abruptly fired the librarian of Congress, Carla Hayden, on Thursday as the White House continues to purge the federal government of those perceived to oppose the Republican US president and his agenda.

    The US has granted refugee status to 54 white Afrikaner South Africans, who could arrive as soon as Monday in Washington DC, where they will be welcomed by government officials, according to media reports.
    Catching up? Here’s what happened on 8 May. More

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    Lawyer who prosecuted Trump hauled in front of House judiciary committee

    The former special counsel prosecutor Jay Bratt is scheduled to appear before the Republican-led House judiciary committee next week as it attempts to find instances of politicization in the federal criminal cases brought against Donald Trump, according to three people familiar with the matter.The deposition of Bratt, who led the criminal case over Trump’s alleged mishandling of classified documents as a top deputy to the former special counsel Jack Smith, has been scheduled for 10am ET next Wednesday, according to a notice reviewed by the Guardian.Bratt’s appearance is the first known instance of a special counsel prosecutor being hauled before the judiciary committee since Trump took office vowing revenge and personally directing the firings of more than a dozen prosecutors who worked for Smith within days of his inauguration.It was not clear how long the deposition might last and whether Bratt planned to invoke any privileges to avoid testifying. A spokesperson for the judiciary committee did not immediately respond to questions about the deposition.Smith charged Trump in two cases: in Florida, for mishandling classified documents at his Mar-a-Lago club and defying a subpoena commanding their return; and in Washington, for attempting to overturn the results of the 2020 election.The classified documents case was dismissed before it went to trial by the US district judge Aileen Cannon, who ruled that Smith had been unlawfully appointed because he was acting with the powers of a “principal officer” at the justice department, which requires confirmation by the US Senate.The topics that House investigators have prepared for Bratt were also not clear. But the judiciary committee, led by Republican chair Jim Jordan, has long believed that the special counsel cases were the result of political animus against Trump at the justice department.In repeated letters to the former special counsel last year, House investigators demanded information from Smith about contacts between the Biden White House and the justice department about the criminal cases, including when Bratt once travelled to the White House.They also sought documents and communications about meetings between FBI and justice department officials before the decision was made to ask a magistrate judge for a search warrant for Mar-a-Lago. Bratt is widely understood to have encouraged FBI leaders to obtain a warrant.The warrant later proved to be the basis for the Espionage Act and obstruction of justice charges against Trump; the FBI retrieved 101 classified documents despite Trump’s lawyers having previously claimed that they had complied with an earlier subpoena to return all classified materials.The House judiciary committee has also taken a special interest in a fraught and disputed meeting between then-Trump legal team attorney Stanley Woodward and Bratt at justice department headquarters during the height of the classified documents case in November 2022.The Guardian previously reported on the complaint that Woodward filed in federal district court in Washington about the meeting, where he alleged Bratt discussed Woodward’s application to be a judge while trying to get the cooperation of Walt Nauta, Trump’s valet and Woodward’s client.In the filing, Woodward alleged that Bratt told him he did not think Woodward was a “Trump guy” and that “he would do the right thing” and get Nauta to testify against Trump in the classified documents case.The allegation was that Bratt had engaged in possible misconduct by suggesting Woodward’s judgeship application might be considered more favorably if he convinced his client to flip. The matter was referred to the justice department’s office of professional responsibility but it does not appear as though any action was taken.The extent of any potential impact on the case was unclear, since the meeting did not appear to have directly affected any testimony Nauta gave to prosecutors, and Bratt would not have had the ability to influence such an application, which is handled by the White House counsel’s office. More

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    Is Pope Leo XIV liberal or conservative? Why this label doesn’t work for popes

    The 133 cardinal electors sequestered in the Sistine Chapel elected a new pope May 8. The choice was a surprise — Chicago-born Cardinal Robert Prevost, who has carried out most of his ministry in Peru, before being elevated to Vatican roles by Pope Francis.

    As commentators and the media try to piece together backgrounders on Pope Leo XIV, one obvious question will be, “Is he a liberal or a conservative?” The same question was asked about Pope Francis, and about the cardinals entering this conclave.

    When applied to individual Catholics, the terms “liberal” and “conservative” can mean very different things. One could be conservative in regard to liturgy and church practice while being strongly committed to anti-racism and environmentalism.

    Or one might be considered a social conservative on issues such as marriage, sexuality and gender while holding clearly left-wing, social democratic views on the role of government.

    Newly elected Pope Leo XIV appears at the balcony of St. Peter’s Basilica at the Vatican, May 8, 2025.
    (AP Photo/Alessandra Tarantino)

    Even if Catholics are comfortable self-identifying as liberal or conservative Catholics, we should not treat these terms as if their meaning were obvious — especially since even as purely political terms the meaning of “liberal” or “conservative” is contested.

    Papacy as institution

    Things become all the more complicated when we are talking about the pope, the supreme head of the Catholic Church. The papacy as an institution is conservative by definition.

    The pope is considered the successor of the Apostle Peter, and his job description is precisely to maintain the unity and catholicity (“wholeness”) of the Church’s life, not only in space but through time — that is, to ensure continuity.

    But because of this role to maintain the fullness of a tradition and the unity of the Church, the pope cannot be conservative (or liberal) in a political sense.

    Pope Francis legacy

    The pontificate of Francis should have served as a lesson against liberal/conservative labels. From the beginning of his pontificate, he advocated strenuously for migrants and refugees. He reached out personally to LGBTQ+ communities. He initiated a worldwide “synodal” process that included broad consultation and fostered discussion of topics previously considered out of bounds, such as ordination of women as deacons (though not priests). He placed women in high-ranking positions in the Roman curia previously reserved only for clerics.

    Chiclayo Bishop Edinson Farfan speaks about newly elected Pope Leo XIV during a press conference at the bishop’s office in Chiclayo, Peru, May 9, 2025.
    (AP Photo/Guadalupe Pardo)

    But Francis was also critical of “gender ideology,” affirmed Church teaching on abortion and maintained the Church’s reservation of ordination to men only. While he angered self-identified conservatives, he often disappointed self-identified liberals.

    Instead of trying to impose political categories, it makes more sense to try to uncover the internal dynamics and motivations of a pope’s teaching and ministry. For example, Pope Francis’s 2015 encyclical letter, Laudato si’, was a landmark in Catholic teaching on ecology. Far from being a political manifesto, the letter presents a vision of the human being within creation, informed by the Bible, theological reflection and modern Catholic social teaching. Francis frequently references the social thought of his predecessor, Pope Benedict XVI, who himself affirmed that the Church “must defend not only earth, water and air as gifts of creation that belong to everyone.”

    Read more:
    Laudato Si’: A look back on Pope Francis’s environmental legacy

    As the British theologian Anna Rowlands astutely notes, Catholic social teaching “functions as a social philosophy that never fully baptizes a liberal philosophy or sentiment. It remains locked in a complex dialogue … with liberal democracy.”

    The role of the pope, highlighted in Francis’s teaching on ecology, is to inspire a different kind of social and moral imagination, one not reducible to particular ideological positions.

    A children’s choir displays photos of newly elected Pope Leo XIV after performing to celebrate his election as pope outside the Santa Maria Cathedral, the episcopal see of the Diocese of Chiclayo, Peru, where he served as bishop, May 9, 2025.
    (AP Photo/Guadalupe Pardo)

    Catholic teaching, conscience

    Another example that subverts the liberal/conservative dichotomy was the well-known response of Pope Francis to a journalist’s question about homosexuality in the priesthood: “Who am I to judge?” Francis did not overturn “conservative” teachings in sexual ethics.

    But he did speak as a member of the Jesuit religious order and as a pastor, who knows that the general law must be applied in specific cases that introduce complexities and require nuanced concrete responses.

    There was also a tacit appeal to the teaching of the Second Vatican Council (1962–65), that an individual is bound to follow their conscience.

    A pin from Dignity USA, a group of LGBTQ+ Catholics, outside the Sao Vicente de Paulo Parish Social Centre, after Pope Francis visited it, in Lisbon, Aug. 4, 2023.
    (AP Photo/Armando Franca)

    For his part, Benedict XVI (as then-Cardinal Ratzinger), in a 1991 address to American bishops in Dallas, alluded to “the classical principle of moral tradition that conscience is the highest norm which [the human person] is to follow even in opposition to authority.” According to this principle, while church teaching authority would inform conscience, “conscience … would retain the final word.”

    There is no doubt that LGBTQ+ Catholics were able to hear something different in Francis’s language than they had heard in Benedict’s. However, both Benedict and Francis could appeal to shared principles, which were theological rather than political, and not reducible to liberal versus conservative categories.

    Weight of political polarization

    In our current political context, political terms like “liberal” and “conservative” tend to carry the weight of American political polarization.

    In the American context at the moment, “conservative Catholic” in its most radical form blends theological traditionalism — devotion to the traditional Latin mass, emphasis on doctrinal orthodoxy and opposition to Francis’s reformist papacy — with support for the Republican party and MAGA movement.

    As professor of moral philosophy Massimo Borghesi has argued, this radical conservative opposition to Francis has its genesis in the pro-capitalist Catholic neo-conservatism of the 1980s and 90s, and is a predominantly American phenomenon.

    In addition, as writer and editor James T. Keane noted in a 2021 article in the Jesuit magazine America, the political polarizations that have seeped into the American Catholic Church should not set the map for the rest of the world, least of all the papacy. It is important to remember this fact as the first North American pope begins his pontificate.

    Newly elected Pope Leo XIV, center, leaves after concelebrating Mass with the College of Cardinals inside the Sistine Chapel at the Vatican the day after his election, May 9, 2025.
    (Vatican Media via AP)

    Choice of name Leo

    Cardinal Robert Prevost, who has become Pope Leo XIV, has given indications of being critical of the Trump administration on issues of peace and migration, very much in line with Francis.

    His choice of the name Leo harkens back to Pope Leo XIII, the pope credited with initiating modern Catholic social teaching, and signals an emphasis on the Church’s advocacy for peace and justice. The new pope’s first Urbi et Orbi (“To the City and to the World”) address from the balcony of St. Peter’s Basilica signalled continuity with Francis — peace, dialogue, encounter, bridge-building.

    And Pope Leo’s career as a missionary, bishop and Vatican cardinal outside of the U.S. means that his context is not confined to the polarizations of the U.S. Catholic Church and its bishops.

    Will the new Pope, Leo XIV, be liberal or conservative? Pope Francis did not fit neatly into these categories: I hope Pope Leo won’t either. More

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    Is Pope Leo XIV liberal or conservative? Why these labels don’t work for popes

    The 133 cardinal electors sequestered in the Sistine Chapel elected a new pope May 8. The choice was a surprise — Chicago-born Cardinal Robert Prevost, who has carried out most of his ministry in Peru, before being elevated to Vatican roles by Pope Francis.

    As commentators and the media try to piece together backgrounders on Pope Leo XIV, one obvious question will be, “Is he a liberal or a conservative?” The same question was asked about Pope Francis, and about the cardinals entering this conclave.

    When applied to individual Catholics, the terms “liberal” and “conservative” can mean very different things. One could be conservative in regard to liturgy and church practice while being strongly committed to anti-racism and environmentalism.

    Or one might be considered a social conservative on issues such as marriage, sexuality and gender while holding clearly left-wing, social democratic views on the role of government.

    Newly elected Pope Leo XIV appears at the balcony of St. Peter’s Basilica at the Vatican, May 8, 2025.
    (AP Photo/Alessandra Tarantino)

    Even if Catholics are comfortable self-identifying as liberal or conservative Catholics, we should not treat these terms as if their meaning were obvious — especially since even as purely political terms the meaning of “liberal” or “conservative” is contested.

    Papacy as institution

    Things become all the more complicated when we are talking about the pope, the supreme head of the Catholic Church. The papacy as an institution is conservative by definition.

    The pope is considered the successor of the Apostle Peter, and his job description is precisely to maintain the unity and catholicity (“wholeness”) of the Church’s life, not only in space but through time — that is, to ensure continuity.

    But because of this role to maintain the fullness of a tradition and the unity of the Church, the pope cannot be conservative (or liberal) in a political sense.

    Pope Francis legacy

    The pontificate of Francis should have served as a lesson against liberal/conservative labels. From the beginning of his pontificate, he advocated strenuously for migrants and refugees. He reached out personally to LGBTQ+ communities. He initiated a worldwide “synodal” process that included broad consultation and fostered discussion of topics previously considered out of bounds, such as ordination of women as deacons (though not priests). He placed women in high-ranking positions in the Roman curia previously reserved only for clerics.

    Chiclayo Bishop Edinson Farfan speaks about newly elected Pope Leo XIV during a press conference at the bishop’s office in Chiclayo, Peru, May 9, 2025.
    (AP Photo/Guadalupe Pardo)

    But Francis was also critical of “gender ideology,” affirmed Church teaching on abortion and maintained the Church’s reservation of ordination to men only. While he angered self-identified conservatives, he often disappointed self-identified liberals.

    Instead of trying to impose political categories, it makes more sense to try to uncover the internal dynamics and motivations of a pope’s teaching and ministry. For example, Pope Francis’s 2015 encyclical letter, Laudato si’, was a landmark in Catholic teaching on ecology. Far from being a political manifesto, the letter presents a vision of the human being within creation, informed by the Bible, theological reflection and modern Catholic social teaching. Francis frequently references the social thought of his predecessor, Pope Benedict XVI, who himself affirmed that the Church “must defend not only earth, water and air as gifts of creation that belong to everyone.”

    Read more:
    Laudato Si’: A look back on Pope Francis’s environmental legacy

    As the British theologian Anna Rowlands astutely notes, Catholic social teaching “functions as a social philosophy that never fully baptizes a liberal philosophy or sentiment. It remains locked in a complex dialogue … with liberal democracy.”

    The role of the pope, highlighted in Francis’s teaching on ecology, is to inspire a different kind of social and moral imagination, one not reducible to particular ideological positions.

    A children’s choir displays photos of newly elected Pope Leo XIV after performing to celebrate his election as pope outside the Santa Maria Cathedral, the episcopal see of the Diocese of Chiclayo, Peru, where he served as bishop, May 9, 2025.
    (AP Photo/Guadalupe Pardo)

    Catholic teaching, conscience

    Another example that subverts the liberal/conservative dichotomy was the well-known response of Pope Francis to a journalist’s question about homosexuality in the priesthood: “Who am I to judge?” Francis did not overturn “conservative” teachings in sexual ethics.

    But he did speak as a member of the Jesuit religious order and as a pastor, who knows that the general law must be applied in specific cases that introduce complexities and require nuanced concrete responses.

    There was also a tacit appeal to the teaching of the Second Vatican Council (1962–65), that an individual is bound to follow their conscience.

    A pin from Dignity USA, a group of LGBTQ+ Catholics, outside the Sao Vicente de Paulo Parish Social Centre, after Pope Francis visited it, in Lisbon, Aug. 4, 2023.
    (AP Photo/Armando Franca)

    For his part, Benedict XVI (as then-Cardinal Ratzinger), in a 1991 address to American bishops in Dallas, alluded to “the classical principle of moral tradition that conscience is the highest norm which [the human person] is to follow even in opposition to authority.” According to this principle, while church teaching authority would inform conscience, “conscience … would retain the final word.”

    There is no doubt that LGBTQ+ Catholics were able to hear something different in Francis’s language than they had heard in Benedict’s. However, both Benedict and Francis could appeal to shared principles, which were theological rather than political, and not reducible to liberal versus conservative categories.

    Weight of political polarization

    In our current political context, political terms like “liberal” and “conservative” tend to carry the weight of American political polarization.

    In the American context at the moment, “conservative Catholic” in its most radical form blends theological traditionalism — devotion to the traditional Latin mass, emphasis on doctrinal orthodoxy and opposition to Francis’s reformist papacy — with support for the Republican party and MAGA movement.

    As professor of moral philosophy Massimo Borghesi has argued, this radical conservative opposition to Francis has its genesis in the pro-capitalist Catholic neo-conservatism of the 1980s and 90s, and is a predominantly American phenomenon.

    In addition, as writer and editor James T. Keane noted in a 2021 article in the Jesuit magazine America, the political polarizations that have seeped into the American Catholic Church should not set the map for the rest of the world, least of all the papacy. It is important to remember this fact as the first North American pope begins his pontificate.

    Newly elected Pope Leo XIV, center, leaves after concelebrating Mass with the College of Cardinals inside the Sistine Chapel at the Vatican the day after his election, May 9, 2025.
    (Vatican Media via AP)

    Choice of name Leo

    Cardinal Robert Prevost, who has become Pope Leo XIV, has given indications of being critical of the Trump administration on issues of peace and migration, very much in line with Francis.

    His choice of the name Leo harkens back to Pope Leo XIII, the pope credited with initiating modern Catholic social teaching, and signals an emphasis on the Church’s advocacy for peace and justice. The new pope’s first Urbi et Orbi (“To the City and to the World”) address from the balcony of St. Peter’s Basilica signalled continuity with Francis — peace, dialogue, encounter, bridge-building.

    And Pope Leo’s career as a missionary, bishop and Vatican cardinal outside of the U.S. means that his context is not confined to the polarizations of the U.S. Catholic Church and its bishops.

    Will the new Pope, Leo XIV, be liberal or conservative? Pope Francis did not fit neatly into these categories: I hope Pope Leo won’t either. More

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    Trump ‘looking at’ suspending habeas corpus, top aide Stephen Miller says – US politics live

    In response to a question from a blogger for the far-right Gateway Pundit about when the Trump administration could start “suspending the writ of habeas corpus to take care of the illegal immigration problem”, White House deputy chief of staff for policy Stephen Miller said the Trump administration is “actively looking at” doing so.Federal habeas corpus is a procedure under which a federal court may review the legality of an individual’s incarceration.Miller told the blogger, Jordan Conradson, he had made a point of calling on first: “The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in time of invasion. So it’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not”.Miller’s use of the word “invasion” reflects the Trump administration’s argument that the US is under invasion from undocumented migrants and so the president is justified in claiming the power to deport anyone the administration brands a suspected gang member, with little to no due process under the rarely-used, wartime Alien Enemies Act.A recently declassified intelligence assessment, however, shows that US agencies do not believe that the gang Tren de Aragua is operating on behalf of the government of Venezuela, as the administration has claimed as justification to use the Alien Enemies Act.Just last week a federal judge in Texas ruled that the law does not authorize the administration to deport such individuals. You can read more on that here:The Chronicle of Higher Education reports that scientists who get federal grants from the National Institutes of Health are being notified that funding for their work could be pulled if they boycott Israel or fail to follow Donald Trump’s executive orders decreeing that diversity is a form of anti-white racism and there are only two sexes, male and female.In one case, a researcher at a teaching hospital in the Boston area, who studies how genes are regulated in lung disease, discovered in the fine print of her grant renewal that she was expected to comply with Trump’s anti-trans order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth”.The Chronicle has confirmed that at least two institutions have received grant notices ordering them to comply with Trump’s anti-transgender executive order.The fine print of grant awards even bans scientists from promoting “accessibility” for people with disabilities, making DEIA a prohibited term.According to new conditions for NIH grants released last month:By accepting the grant award, recipients are certifying that:(i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and(ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott.The mayor of Newark, New Jersey, Ras Baraka, “was arrested and detained by Ice” on Friday at an federal immigration detention center where he was protesting, a spokesperson for his campaign to be the state’s governor confirmed.Alina Habba, a former personal lawyer for Donald Trump who is now interim US attorney for New Jersey, wrote on social media that Baraka “has been taken into custody” after, she alleged, he “committed trespass and ignored multiple warnings from Homeland Security Investigations to remove himself from the Ice detention center in Newark”.The mayor has been protesting the opening of Delaney Hall, an detention facility run by private prison operator GEO Group, all week, saying its operators did not get proper permits.Video of the mayor being led away in handcuffs was posted on social networks by a local news station.Witnesses told The Associated Press the arrest came after Baraka attempted to join a scheduled tour of the facility with three members of New Jersey’s congressional delegation, Representatives Robert Menendez, LaMonica McIver, and Bonnie Watson Coleman.When federal officials blocked his entry, a heated argument broke out, according to Viri Martinez, an activist with the New Jersey Alliance for Immigrant Justice. It continued even after Baraka returned to the public side of the gates.“The agents started intimidating and putting their hands on the congresswomen. There was yelling and pushing,” Martinez said. “Then the officers swarmed Baraka. They threw one of the organizers to the ground. They put Baraka handcuffs and put him in an unmarked car”.Video circulating on Bluesky showed the mayor being dragged inside the gates.“We’re at Delaney Hall, an ICE prison in Newark that opened without permission from the city & in violation of local ordinances” Coleman wrote on social media before the mayor’s arrest. “We’ve heard stories of what it’s like in other ICE prisons. We’re exercising our oversight authority to see for ourselves”.Our colleague Richard Luscombe has more on this developing story:In response to a question from a blogger for the far-right Gateway Pundit about when the Trump administration could start “suspending the writ of habeas corpus to take care of the illegal immigration problem”, White House deputy chief of staff for policy Stephen Miller said the Trump administration is “actively looking at” doing so.Federal habeas corpus is a procedure under which a federal court may review the legality of an individual’s incarceration.Miller told the blogger, Jordan Conradson, he had made a point of calling on first: “The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in time of invasion. So it’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not”.Miller’s use of the word “invasion” reflects the Trump administration’s argument that the US is under invasion from undocumented migrants and so the president is justified in claiming the power to deport anyone the administration brands a suspected gang member, with little to no due process under the rarely-used, wartime Alien Enemies Act.A recently declassified intelligence assessment, however, shows that US agencies do not believe that the gang Tren de Aragua is operating on behalf of the government of Venezuela, as the administration has claimed as justification to use the Alien Enemies Act.Just last week a federal judge in Texas ruled that the law does not authorize the administration to deport such individuals. You can read more on that here:Exasperated by the turmoil that has dogged Pete Hegseth’s office in recent weeks, the White House will block the US defense secretary’s choice of chief of staff and select a candidate of its own, according to two people familiar with the matter.Hegseth had suggested giving the chief of staff position to Marine Col Ricky Buria after the first person in the role, Joe Kasper, left last month in the wake of a contentious leak investigation that brought the ouster of three other senior aides.But the White House has made clear to Hegseth that Buria will not be elevated to become his most senior aide at the Pentagon, the people said, casting Buria as a liability on account of his limited experience as a junior military assistant and his recurring role in internal office drama.“Ricky will not be getting the chief position,” one of the people directly familiar with deliberations said. “He doesn’t have adequate experience, lacks the political chops and is widely disliked by almost everyone in the White House who has been exposed to him.”The White House has always selected political appointees at agencies through the presidential personnel office, but the move to block Hegseth’s choice at this juncture is unusual and reflects Donald Trump’s intent to keep Hegseth by trying to insulate him from any more missteps.The intervention comes at a time when Hegseth’s ability to run the Pentagon has come under scrutiny. It also runs into the belief inside Trump’s orbit that even the president might struggle to justify Hegseth’s survival if the secretary does not have a scandal-free next few months.Donald Trump plans to sign an executive order later today discouraging criminal enforcement of regulatory offenses, in a bid to combat the overcriminalization of federal regulations, a White House official has told Reuters.Trump also plans to sign a proclamation to encourage migrants who are in the US illegally to voluntarily depart the country, according to a White House official.The “Project Homecoming” initiative will encourage migrants to leave voluntarily with the assistance of the federal government and financial support, or face enforcement and penalties, according to the official.

    A federal judge ordered the immediate release of Rümeysa Öztürk, a Tufts University student from Turkey, whose detention in March for writing an op-ed critical of Israel’s war in Gaza in her school newspaper judge William Sessions ruled “raised significant due process concerns”. Ordering her release, Sessions said her continued detention “potentially chills the speech of the millions and millions of individuals in this country who are not citizens”.

    People in Texas who were told they would be deported to Libya sat waiting on a military airfield tarmac for hours on Wednesday, unsure of what would happen next, Reuters reported. After several hours, they were bused back to the detention center around noon, an attorney for one of the men said. A US official told Reuters the flight never departed. As of Friday, it was unclear if the administration was still planning to proceed with the deportations.

    Pope Leo is “not happy with what’s going on with immigration”, his brother told the NYT, adding: “How far he’ll go with it is only one’s guess, but he won’t just sit back. I don’t think he’ll be the silent one.” Here’s our write-up.

    The major “earth-shattering” announcement Donald Trump teased earlier this week in the Oval Office is a “most favored nation” plan to cut Medicare drug prices, sources told CBS News, a policy he pursued unsuccessfully in his first term. The move would require Medicare to pay drug companies the lowest price paid in similar countries for some expensive, physician-administered drugs.

    Donald Trump said he would be “OK” if Republicans in Congress raised the tax rate on the wealthiest Americans, but warned of political consequences. He wrote on his Truth Social platform: “Republicans should probably not do it, but I’m OK if they do!!!” It comes after the president privately urged House speaker Mike Johnson to raise the tax rate, Reuters reported.

    But, in a sign of just how tricky it may be to get Republicans to vote for raising anyone’s taxes, the tax portion of the GOP mega-bill is at risk of unraveling, three people told Politico, after leaders failed to win enough support for deeper spending cuts. That means Republicans will have to leave out some of Trump’s tax priorities, according to the people.

    A majority of US adults disapprove of Trump’s handling of issues related to colleges and universities, as his Republican administration escalate threats to cut federal funding unless institutions align with his political agenda. According to a poll by the Associated Press-NORC Center for Public Affairs Research, 56% of Americans said they disapproved of the US president’s approach to higher education, while about four in 10 expressed approval, which is broadly consistent with his overall job approval ratings.

    Large institutional investors massively increased their holdings of Trump Media and Technology Group (TMTG) in recent months according to SEC filings, with many enlarging their positions by hundreds of millions of dollars. The revelations raise further questions about big business’s desire to curry favor with Donald Trump and his administration via the enterprises he has maintained or commenced.

    Trump remains firm that the US is not going to unilaterally reduce tariffs on Chinese goods without concessions from China, the White House said, only hours after Trump floated the idea of reducing the current rate of 145% down to 80% as the two sides prepare for talks in Switzerland. “That was a number the president threw out there, and we’ll see what happens this weekend,” Karoline Leavitt told reporters.

    The US Postal Service named David Steiner as the next postmaster general after the Trump administration pressured the prior leader to resign in March. Steiner is a former Waste Management CEO and has served on the board of FedEx.
    Donald Trump has signed an executive order to establish a national center for homeless veterans with redirected funds previously spent on services for illegal aliens, according to Fox News Digital.The order directs the secretary of veterans affairs to establish the “National Center for Warrior Independence” on the veterans affairs campus in West Los Angeles, Fox reports.Fox quotes the White House: “The new National Center for Warrior Independence will help [LA’s unhoused veterans’] and other veterans like them rebuild their lives.”The center will allow veterans from around the nation to seek and receive care, benefits and services “to which they are entitled”, the White House said.The White House told Fox the goal is to house up to 6,000 homeless veterans at the center by 2028.A girl recovering from a rare brain tumor celebrated her 11th birthday on Sunday, hundreds of miles away from everything she’s known – her friends at school, her community at church, her home, NBC News reports.She is one of four US citizen children who were sent to Mexico from Texas three months ago when immigration authorities deported their undocumented parents.Hoping to find a way for her to resume medical treatment in the US, this morning her family traveled to Monterrey to meet with members of the congressional Hispanic caucus to urge “legislators to advocate for their return under humanitarian parole”.One such colleague is Senator Ed Markey, who called the order for Öztürk’s release “a victory for Rümeysa, for justice, and for our democracy”. He posted on X:
    Rümeysa Öztürk has finally been ordered released. She has been unlawfully detained for more than six weeks in an ICE facility in Louisiana, more than 1,500 miles away from Somerville. This is a victory for Rümeysa, for justice, and for our democracy.
    Senator Elizabeth Warren posted on X: “The Trump administration must release Rümeysa Öztürk right now.”Warren is one of the members of Congress who has been pushing for Öztürk’s release and the restoration of her visa. In March she called Öztürk’s arrest and detention without due process “deeply disturbing” and with colleagues has been demanding answers about the case from the Trump administration since.US district judge William Sessions also found that in addition to the violation of her constitutional rights, Öztürk faced significant risk in Ice custody for an exacerbation of her diagnosed chronic asthma.According to court filings, she suffered multiple asthma attacks in detention that she has struggled to get treated for, and has had her hijab forcibly removed.Öztürk appeared on video at the hearing earlier and told the judge she had suffered 12 asthma attacks since her detention, saying:
    Now they are between five to 45 minutes and they are more intense … longer and harder to stop.
    “We are not allowed to take fresh air when we need to take it … Also there is no divider between the showers,” Öztürk said.“Also the maximum capacity for the room is indicated … for 14 people but there are 24 people living in a small area, spanning … more than 22 hours inside of the same locked cell,” she added.Following Öztürk’s initial testimony, her doctor, Jessica McCannon, testified about her diagnosis of Öztürk’s asthma. At one point, Öztürk had an asthma attack during McCannon’s testimony, which her lawyers had to interrupt. The judge then excused Öztürk and allowed her to temporarily step out of the room to use the bathroom.Addressing the court, McCannon said:
    She is at significantly increased risk of developing an asthma exacerbation if not released, that would potentially require emergency evaluation.
    If not treated appropriately and quickly, patients can suffer morbidity and mortality related to asthma exacerbations.
    The Trump administration is attempting to deport Rümeysa Öztürk under a rarely used immigration statute giving the secretary of state the authority to remove immigrants deemed harmful to US foreign policy. Her lawyers say it is a flagrant violation of her constitutional right to free speech.US district judge William Sessions, in ordering her release, said her continued detention “potentially chills the speech of the millions and millions of individuals in this country who are not citizens. Any one of them may now avoid exercising their first amendment rights for fear of being whisked away to a detention center from their home. For all of those reasons, the court finds that her continued detention cannot stand, that bail is necessary to make the habeas [petition] … effective.”He added:
    This is a woman who’s just totally committed to her academic career … there is absolutely no evidence that that she has engaged in violence or advocated violence. She has no criminal record … therefore, the court finds that she does not pose a danger to the community.
    Monica Allard, staff attorney with the ACLU of Vermont, said of the order for the release of Rümeysa Öztürk.
    After today’s ruling, Rümeysa can return to her community at Tufts and sleep safely in her own bed. Tomorrow, she can wake up and begin the process of healing from this experience while she finishes her PhD in child development.
    Spending over six weeks in detention for writing an op-ed is a constitutional horror story. Her release is a victory for everyone committed to justice, free speech, and basic human rights.
    Mahsa Khanbabai of Khanbabai Immigration Law, who is representing Rümeysa Öztürk, said of the order for her release:
    I am relieved and ecstatic that Rümeysa has been ordered released. Unfortunately, it is 45 days too late. She has been imprisoned all these days for simply writing an op-ed that called for human rights and dignity for the people in Palestine. When did speaking up against oppression become a crime? When did speaking up against genocide become something to be imprisoned for?
    I am thankful that the courts have been ruling in favor of detained political prisoners like Rümeysa. The public plays an important role in upholding our constitutional rights. Please continue to speak up for democracy and civil rights in every space including our elected offices, our universities, and our halls of justice.
    Donald Trump remains firm that the United States is not going to unilaterally reduce tariffs on Chinese goods without concessions from China, Leavitt said, hours after Trump floated the idea of reducing the current rate of 145% down to 80% as the two sides prepare for talks in Switzerland.“That was a number the president threw out there, and we’ll see what happens this weekend,” she told reporters.At the White House press briefing, Karoline Leavitt says secretary of State Marco Rubio is in constant contact with the leaders of both India and Pakistan.With tensions continuing to escalate between the two neighboring countries, Leavitt reiterated that Donald Trump wants to see the conflict de-escalate.A federal judge ordered the Trump administration on Friday to release Rümeysa Öztürk, a Tufts University student from Turkey who has been held for over six weeks in a Louisiana immigration detention facility after she co-wrote an opinion piece criticizing her school’s response to Israel’s war in Gaza.US district judge William Sessions during a hearing in Burlington, Vermont, granted bail to Öztürk, who is at the center of one of the highest-profile cases to emerge from Donald Trump’s campaign to deport pro-Palestinian activists on American campuses.The judge ruled shortly after a federal appeals court rejected the Trump administration’s bid to re-detain Columbia University student Mohsen Mahdawi, a Palestinian campus activist who a different judge in Vermont ordered released last week after immigration authorities arrested him as well.Ozturk’s arrest on 25 March by masked, plainclothes law enforcement officers on a street in Somerville, Massachusetts, near her home was captured in a viral video and occurred after the state department revoked her student visa.The sole basis authorities have provided for revoking her visa was an opinion piece she co-authored in Tufts’ student newspaper criticizing the school’s response to calls by students to divest from companies with ties to Israel and to “acknowledge the Palestinian genocide”.Her lawyers at the American Civil Liberties Union had argued that her arrest and detention were unlawfully designed to punish her for speech protected by the constitution’s first amendment and to chill the speech of others.Öztürk was moved to a detention center in Basile, Louisiana, even though her lawyer filed a lawsuit in Massachusetts the day she was arrested and a judge there barred her from being moved out of the state without 48 hours’ notice.By the time that order came down, Immigration and Customs Enforcement had already taken her to Vermont, where she was held briefly before being flown to Louisiana.Rather than dismiss her case as the administration wanted, a Massachusetts judge transferred the case to Vermont, saying it could be properly heard there.Sessions then ordered Öztürk transferred to Vermont so she could be available as he weighed ordering her release and considered the “significant constitutional concerns” she had raised.A federal appeals court on Wednesday ordered her transferred to Vermont by 14 May, but Sessions opted to proceed with a previously-scheduled bail hearing to go forward on Friday and allow Ozturk to appear remotely after her lawyers said she was suffering from worsening asthma attacks while in custody. More

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    Trump administration mulling end to legal right to challenge one’s detention

    The Trump administration is considering suspending the writ of habeas corpus, the legal right to challenge one’s detention, Stephen Miller, a top White House adviser, said on Friday.“The constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion. So that’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not,” Miller said to a group of reporters at the White House.The US constitution says: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The writ of habeas corpus has only been suspended four times in US history, most notably by Abraham Lincoln during the civil war. It was also suspended during efforts to fight the Ku Klux Klan in the 19th century in South Carolina, in the Philippines in 1905 and after Pearl Harbor.Suspending habeas corpus would be an extremely aggressive move that would dramatically escalate the Trump administration’s efforts to attack the rule of law in American courts as it tries to deport people without giving them a chance to challenge the basis of their removals.Miller, long known for his far-right positions on immigration, has sought to deploy a maximalist approach in carrying out mass deportations. The US government has already produced little evidence to justify immigrant deportations and in some cases has sought to remove students in the United States legally for expressing their views, specifically support for Palestinians.Many of the immigrants that the Trump administration has moved aggressively to deport – including Mahmoud Khalil and Rümeysa Öztürk – have filed habeas petitions challenging efforts to deport them.The administration has already attempted to deport people without due process by invoking the Alien Enemies Act, an 18th-century law that allows the president to do so in a time of war.The Trump administration has justified its actions by arguing that the US is under “invasion” by Tren de Aragua, a Venezuelan gang. Multiple judges have rejected the idea that the United States is under invasion and tried to halt the removals.But, while courts have tried to stop the administration’s efforts to unlawfully deport people, Trump has attacked judges for ruling against him and in some cases openly defied the courts. More