A shaken Supreme Court returns to chambers

“We get to the head table ... there he is with his lovely wife and I said, ‘My God, my God, it is him.’ And I look on the program and he was giving the keynote,” the professor said.

Alito’s appearance at the University of Notre Dame-organized conference flew under the radar for a week as he was omitted from the list of speakers made public in advance.

The atmosphere of secrecy around Alito’s appearance in Italy and his short-lived beard — gone by the time the justices reconvened last week — were just two indicators of the unusually tense times for the court, which returns to chambers to take up cases Monday.

The normally relaxed season for heading to vacation homes and teaching abroad was marked by the most intense security footing ever for the justices, along with uncommonly public internecine strife among the court’s members, unleashed by the 5-4 decision in June overturning the federal constitutional right to abortion.

Added to that fraught mix was a heaping dollop of suspicion in the each of court’s rival ideological camps about who was responsible for the unprecedented disclosure to POLITICO of a draft opinion in the high-stakes abortion case and uncertainty about an investigation Chief Justice John Roberts ordered into the breach.

Speaking at a judges’ conference in Colorado last month, Roberts sounded exhausted by it all.

“The last year was an unusual one and difficult in many respects. It was gut-wrenching every morning to drive into a Supreme Court with barricades around it,” Roberts said. “I think, with my colleagues, we’re all working to move beyond it.”

Roberts is clearly craving a return to normalcy as the court’s new term opens Monday with arguments on federal powers to regulate water pollution and Delaware’s right to unclaimed MoneyGram checks issued in other states.

However, the stresses of the past year remain evident and won’t be erased simply by the justices throwing themselves back into their work or by welcoming their newest colleague, Justice Ketanji Brown Jackson, as they did last week.

For one thing, all the justices remain under much tighter security than in previous years. During a recent trip to Chicago, Justice Elena Kagan was accompanied by about a half-dozen security personnel. Longtime court watchers said that’s a much more substantial detail than justices used to get on trips out of Washington. Indeed, some often traveled with no bodyguards at all.

Before Kagan’s appearance at Northwestern University’s law school last month, security personnel swept through the room, ordering those standing in the rear and aisles of the auditorium to take seats or proceed to an overflow area.

“The Secret Service won’t allow anyone to be standing,” one organizer announced. (Security for justices is provided by the U.S. Marshals Service and the Supreme Court Police.)

The directive was quickly defied as the audience jumped to its feet when Kagan entered.

The justices remain under 24-hour guard at their homes, some of which continue to see raucous protests over the court’s June ruling wiping out the federal guarantee of abortion rights. In early July, the court also sent unusual letters to officials in Maryland and Virginia, urging them to crack down on the demonstrations under local laws and regulations.

People close to the justices say some have chafed at the increased security, while others have complained that aspects of the protection arrangements are too lax or ham-handed.

When a California man stepped out of a taxi in front of Justice Brett Kavanaugh’s Chevy Chase, Md., home in June at 1 a.m., deputy U.S. Marshals stationed on Kavanaugh’s lawn spotted him but did not confront him, according to court documents. The man, Nicholas Roske, then made his way to a home on a nearby street close to Kavanaugh’s home and was arrested only after he called his sister to say he was planning to kill the justice.

When police arrived, they found in Roske’s bags a pistol and ammunition, a tactical knife, pepper spray, various tools and padded hiking boots that may have allowed him to move around a home in near-silence.

Despite the continuing threat, the court is set to partially re-open to the public Monday after a two-and-a-half-year closure spurred initially by the coronavirus pandemic but prolonged by anger over the abortion ruling. Members of the public will be admitted to the court’s arguments this month, but the building remains closed to the thousands of tourists who typically throng its halls and frequent the gift shop and cafeteria. No date for a broader reopening has been announced.

Even as the term opens, two of the justices show no sign of backing away from a public quarrel that broke out following the abortion ruling. Kagan has used at least four speaking engagements in the last few months to charge that the Supreme Court’s declining stature in opinion polls is a result of perceptions that the justices are indulging their personal policy preferences rather than sticking to recognized principles for interpreting the Constitution and federal statutes.

“When courts become extensions of the political process, when people see them as extensions of the political process, when people see them as trying just to impose personal preferences on a society irrespective of the law, that’s when there’s a problem — and that’s when there ought to be a problem,” Kagan said during her remarks at Northwestern.

“I don’t understand the connection between opinions people disagree with and the legitimacy of the court,” Roberts said at the Colorado conference last month, without mentioning Kagan by name. “Simply because people disagree with an opinion is not a basis for questioning the legitimacy of the court.”

Last week, Alito fanned the flames by publicly countering Kagan.

“It goes without saying that everyone is free to express disagreement with our decisions and to criticize our reasoning as they see fit. But saying or implying that the court is becoming an illegitimate institution or questioning our integrity crosses an important line,” he said in a statement to the Wall Street Journal.

The justices often respond to questions about their polarization with banal anecdotes about shaking hands before arguments or eating lunch together at the court while talking about subjects other than the pending cases. But Kagan suggested last week that a willingness to engage in small talk about family events or baseball isn’t a substitute for more substantive engagement she believes is eroding at the court.

“To be a truly collegial court, you have to be talking about more than, ‘Do they talk about baseball together?’ You have to be talking about, ‘Can they engage on the real work that they are doing in collegial and collaborative ways?'“ Kagan declared at Salve Regina University in Rhode Island.

Amid the numerous signs of a fractious high court, some of the justices kept to their routines this summer, while others stayed largely out of public view. Justice Amy Coney Barrett spoke at a business conference in Big Sky, Mont., while Kavanaugh attended judges’ conferences in Kentucky and South Dakota, according to CNN.

Roberts spent much of the summer at his second home on an island off the Maine coast.

“He was up here for a good eight weeks,” said a neighbor who asked not to be named. “I think that he found some restorative rest here ... He led a very normal life, came to the mainland every day, went to the coffee shop, played golf periodically and went out on the boat.”

But, for some, the court’s contentious decisions were never far behind.

Videos of the Rome event Alito popped up at show him joining in some of the tours with other attendees like West and attending other panel discussions and speeches.

However, the left-leaning West said he declined to join in when the rest of the attendees gave Alito a standing ovation at the black-tie gala dinner. The professor, now with Union Theological Seminary in New York, said he also alluded to the abortion decision and the threats Alito now faces.

“I couldn’t give him a standing ovation. We’re in serious battle,” West said. “I shook his hand and said, ‘God bless you and your precious family. You know that you and I are in struggle?’ And he said, ‘Yes.’”


Football news:

<!DOCTYPE html>
Kane on Tuchel: A wonderful man, full of ideas. Thomas in person says what he thinks
Zarema about Kuziaev's 350,000 euros a year in Le Havre: Translate it into rubles - it's not that little. It is commendable that he left
Aleksandr Mostovoy on Wendel: Two months of walking around in the middle of nowhere and then coming back and dragging the team - that's top level
Sheffield United have bought Euro U21 champion Archer from Aston Villa for £18.5million
Alexander Medvedev on SKA: Without Gazprom, there would be no Zenit titles. There is a winning wave in the city. The next victory in the Gagarin Cup will be in the spring
Smolnikov ended his career at the age of 35. He became the Russian champion three times with Zenit

3:19 Diamondbacks World Series bettor four wins away from $1 million payout
3:09 Giants legend Carl Banks slams WFAN hosts for Kayvon Thibodeaux rip job
3:01 Struggling Oilers will be missing injured star Connor McDavid vs. Rangers
2:52 Elias Manoel notches hat trick as Red Bulls advance in playoffs
2:48 Disgraceful Karine Jean-Pierre’s words are just callous amid Hamas violence
2:46 SEAN HANNITY: The People's House is now officially back in business
2:42 At least 16 killed in shootings in Maine, law enforcement officials say
2:40 Georgia murder fugitive kills self when police on hunt for other escaped inmates show up at door
2:31 US Auto Workers Union Reaches Preliminary Deal With Ford
2:29 Jayson Tatum shades new Celtics teammate Jrue Holiday: ‘You old’
2:24 Magazine scrubs sections of Jake Sullivan’s essay praising Biden’s performance in the Middle East
2:21 Nets’ opening-night comeback falls short in last-second heartbreaker vs. Cavaliers
2:18 JESSE WATTERS: We have a compromised president in the White House
2:10 Kristaps Porzingis’ late heroics sink Knicks in crushing opening-night loss
2:09 FBI hindered Hunter probe — and David Weiss skipped briefing on Biden bribery allegations, US attorney testifies
1:54 At least 16 killed in shooting in Maine, law enforcement officials says
1:54 At least 16 killed in shooting in Maine, law enforcement officials say
1:51 Sterling Shepard in punt return mix vs. Jets despite Commanders muff
1:47 Craig Counsell’s true Mets intentions are about to become clear
1:45 Tim Wakefield's wife, Stacy, shares powerful message late husband left for her
1:41 Kyle Richards ‘taken aback’ by Mauricio Umansky, ‘DWTS’ partner Emma Slater holding hands: Something is ‘going on there’
1:37 Ford and UAW reach tentative agreement that would end 6-week strike
1:36 LAURA INGRAHAM: This is a propaganda victory for Hamas
1:35 Actor Zachery Ty Bryan pleads guilty to felony assault stemming from domestic violence arrest
1:26 NYC college's Jewish students seen locked inside library as anti-Israel protest moves through building
1:24 Blackpink’s Jisoo and actor Ahn Bo-hyun split after brief romance: report
1:20 Police respond to active shooter in Lewiston, Maine; medical center treating 'mass casualty event'
1:20 At least 22 dead, up to 60 wounded in mass shooting in Lewiston, Maine
1:20 Stream It Or Skip It: ‘30 Coins’ Season 2 on Max, The Return Of This Ambitious Religious Horror Series From Spain (Now With More Paul Giamatti!)
1:19 Panthers' Frank Reich voices support for QB Bryce Young amid winless start: 'We got the guy we wanted'
1:17 NYC driver, 40, charged with attempted murder for shooting at off-duty detective
1:15 Alligator gar caught in Texas weighing 283 pounds shatters multiple records: 'Four in one fell swoop'
1:06 Sen. Tim Scott calls for the deportation of foreign students supporting Hamas 
1:06 More than 10 dead, dozens injured in Lewiston, Maine mass shooting, sources say
1:04 Jets’ defensive line looking to up sack numbers in battle vs. Giants
1:03 John Stamos reveals what Mary-Kate and Ashley Olsen said at Bob Saget’s funeral: ‘It was so beautiful’
1:01 See ‘The Crown’ recreate Princess Diana’s historic landmine walk
1:00 Joe Rogan expresses nostalgia for Trump era, says country was 'without a doubt' better than under Biden
1:00 Erika Jayne Reveals ‘RHOBH’s Biggest Pot-Stirrer Now That Lisa Rinna Is Gone: “I Think We All Have Moments”
0:56 US, Australia Reaffirm Shared Values, Cooperation Against Chinese Ambitions 
0:56 Hunter Biden missing from state dinner guest list after backlash for attending others amid legal issues
0:55 Rams coach Sean McVay invokes 'higher power' when talking newborn son: 'There's something special going on'
0:47 Alexis Lafreniere finally could be primed for Rangers’ breakout
0:46 Giant pandas to leave the National Zoo in D.C. for China earlier than expected
0:43 Fans slam Mauricio Umansky for telling Kyle Richards he won’t ‘allow’ any more tattoos
0:42 ‘Southern Charm’ alum Kathryn Dennis’ SUV involved in alleged hit-and-run at elementary school
0:35 No sex please, we’re Gen Z — young viewers want deeper, more unique relationships in film, on TV: study
0:34 Cooper Union barricades Jewish students inside library as pro-Palestine protesters bang on doors
0:34 Active shooter situation in Lewiston, Maine: Police
0:34 UAW reaches tentative labor agreement with Ford
0:33 Giants’ Andrew Thomas practices lightly but unlikely to face Jets
0:31 Active shooter situation in Maine, city residents told to 'stay inside with doors locked'
0:28 Falcons head coach dismisses concerns after Bijan Robinson's surprisingly low usage: 'There's nothing'
0:24 AI predicts a third of breast cancer cases prior to diagnosis in breakthrough mammography study
0:24 UAW reaches tentative deal with Ford: Sources
0:19 Sean McVay’s wife Veronika Khomyn gives birth to baby boy
0:18 Ex-‘incel’ threatened to shoot up ‘chads and stacies’ at University of Arizona: feds
0:17 Florida duo allegedly stabbed man repeatedly, threw him over bridge, stole car and set it on fire: authorities
0:12 Who is Rep. Mike Johnson, the new House speaker?
0:11 Yankees have had 'preliminary' conversations to trade for Juan Soto: report
0:09 California man breaks into Jewish family's home, threatens to kill them, yells 'Free Palestine'
0:08 ‘Breakfast Club’ host DJ Envy has no apologies for promoting a con man newly arrested for fraud
0:08 Biden team sees 2024 opportunity with GOP's new speaker, and more campaign takeaways
0:07 UAW closing in on tentative labor agreement with Ford
0:05 Biden must stop using defense partnerships as an excuse to cut Pentagon spending
0:02 Shakira fans blame karma after singer’s ex Gerard Piqué falls into stage hole: ‘Don’t disrespect the stage queen’
0:00 Obama’s warning to Israel: Letters to the Editor — Oct. 26, 2023
0:00 Clarence Thomas loan for luxury RV was forgiven, Senate Democrats say
0:00 ACLU sues Tennessee for 'criminalizing HIV' with strict prostitution laws
23:59 Who is Rep. Mike Johnson, the House GOP's latest speaker nominee?
23:56 White House state dinner celebrates Australia ties, nods to Israel-Hamas war
23:56 Drone video shows Mexican drug cartels throwing explosives along Texas southern border
23:54 Bear attacks security guard in Aspen hotel, remains on the loose, Colorado wildlife officials say
23:51 Beyoncé shares rare video talking to fans as she unboxes her new perfume: ‘It’s finally here’
23:48 'The Young and Restless' star Christian LeBlanc reveals cancer diagnosis after 'fans caught' sign of disease
23:44 Diana Nyad goes the distance in new film on Cuba-Florida swim feat
23:41 Jewish American students outraged by rising antisemitism in US amid Hamas terror attacks on Israel
23:39 Mike Johnson Won The Worst Job In Washington: Speaker of a Broken House
23:38 Lindsay Clancy, Massachusetts mother who strangled her 3 children, researched 'ways to kill,' court docs say
23:38 Jets’ matchup with Giants a reminder of how quickly things change
23:32 Nikki Haley rips Biden over antisemitism on college campuses — and vows to fix it
23:30 Mel Tucker sexually harassed Brenda Tracy, Michigan State investigation reveals
23:29 Brian Austin Green slams ‘DWTS’ for excluding fiancée Sharna Burgess from Len Goodman tribute
23:24 LeBron James' minutes restriction likley the new norm as superstar enters new chapter
23:21 FDA looking into claim woman died after drinking Panera Bread lemonade
23:20 North Dakota Legislature rewrites budget bill, ending special session in 3 days
23:19 'Squad' Democrats vote against condemning 'barbaric' Hamas attack on Israel
23:18 Wisconsin officials pass new wolf management plan, but population goal absent
23:17 UN chief’s justification for Hamas attacks shows the organization is worse than useless
23:16 Former Congressman Mark Walker drops out of North Carolina gubernatorial race to launch Congressional bid
23:15 Over 70 left ill following multi-state salmonella outbreak tied to onions
23:14 Husband of Cardi B’s manicurist charged with setting wife’s new NYC salon on fire
23:10 Elon Musk rolls out audio, video on X as he seeks to make it an ‘everything app’
23:09 UnScientific American, Trump is yesterday’s man and other commentary
23:09 Customer freed after spending night trapped inside NYC bank vault
23:07 ‘F–k Israel’ graffiti scrawled across Cornell University campus sidewalks
23:03 Dennis Quaid to host Fox Nation series 'Top Combat Pilot' debuting in November
23:00 Don La Greca goes off on ‘weakling’ Chris Russo’s retirement ‘gimmick
23:00 New report shows a majority of students attend schools with high or extreme levels of chronic absence
23:00 Biden administration pushes for a humanitarian 'pause' in Israel’s military campaign in Gaza