Tag Archives: coronavirus pandemic

Biden convenes U.S. pandemic task force, implores Americans to wear masks

By Simon Lewis

WILMINGTON, Del. (Reuters) – U.S. President-elect Joe Biden implored Americans on Monday to wear protective masks to combat the coronavirus pandemic, appealing to their patriotism, as he convened a task force to devise a blueprint for tackling the public health crisis.

“We could save tens of thousands of lives if everyone would just wear a mask for the next few months. Not Democratic or Republican lives. American lives,” Biden told reporters in Wilmington, Delaware. “I implore you. Wear a mask. Do it for yourself. Do it for your neighbor. A mask is not a political statement.”

The pandemic has killed more than 237,000 Americans and thrown millions out of work. Biden spoke two days after clinching election victory over Donald Trump, though the Republican president has not acknowledged defeat and is pursuing legal challenges to the results while making unfounded claims of fraud.

Biden, set to take office on Jan. 20, conferred by video with his 13-member task force, headed by former U.S. Surgeon General Vivek Murthy, former Food and Drug Administration Commissioner David Kessler and Yale University healthcare equity expert Marcella Nunez-Smith.

The president-elect labeled as “great news” Pfizer Inc’s announcement on Monday that its experimental COVID-19 vaccine was more than 90% effective. But Biden said it would be “many more months before there is widespread vaccination” in the United States and underscored the importance of wearing protective masks and social distancing.

The United States has been registering record high infection numbers in recent days. Mask wearing has become a political issue in the United States, with Trump mocking Biden for wearing a mask during the campaign and many conservatives contending masks infringe upon their individual freedom.

“The goal is to get back to normal as fast as possible,” Biden said. “And masks are critical in doing that. It won’t be forever. But that’s how we’ll get our nation back up to speed economically, so we can go back to celebrating birthdays and holidays together, so we can attend sporting events together, so that we can get back to the lives and connections we shared before the pandemic.”

Biden during the campaign accused Trump of panicking and surrendering to the pandemic. Trump promoted unproven medicines, assailed public health experts, failed to signal empathy or compassion as the death toll mounted and disregarded advice on mask wearing and social distancing, ending up hospitalized in October receiving treatments for COVID-19.

Housing Secretary Ben Carson on Monday became the latest close Trump associate to test positive for the virus, his chief of staff said, just days after White House Chief of Staff Mark Meadows also tested positive.

Pfizer and German partner BioNTech SE are the first drugmakers to release successful data from a large-scale clinical trial of a vaccine for the novel coronavirus.

Biden said his team will focus on making rapid COVID-19 testing widely available and building a corps of contact-tracers to track and curb the pathogen’s spread and prioritize vulnerable populations. Biden said his administration would work to get an approved vaccine “distributed as quickly as possible to as many Americans as possible, free of charge.”

The task force will liaise with local and state officials to consider how to safely reopen schools and businesses and tackle racial disparities.

The Biden panel includes Rick Bright, a whistleblower who says he was removed from his Trump administration post for raising concerns about coronavirus preparedness, and Luciana Borio, who specializes in complex public health emergencies.

Vice President Mike Pence is due to meet on Monday with the White House coronavirus task force for the first time since October.

Biden cleared the threshold of 270 Electoral College votes needed to win the presidency on Saturday, four days after the Nov. 3 election. He beat Trump by more than 4.3 million votes nationwide, with Trump becoming the first U.S. president since 1992 to lose a re-election bid.

TRUMP DOES NOT BUDGE

Trump has often attacked the integrity of the U.S. voting process without offering evidence. Some of his allies have encouraged him to exhaust every recourse for hanging onto power. He has filed an array of lawsuits to press his claims and plans rallies to build support for his election challenge, campaign spokesman Tim Murtaugh said.

Asked when Trump would concede or call Biden, Trump campaign adviser Jason Miller on Monday told Fox Business Network: “That word’s not even in our vocabulary now. We’re going to pursue all these legal means, all the recount methods.”

Trump has been talking with his advisers about the possibility of running for president in 2024, a source familiar with the discussions said.

Trump campaign manager Bill Stepien held an all-staff meeting at campaign headquarters on Monday to give the message that Trump is “still in this fight,” a source familiar with the meeting said. The source said the meeting was aimed at bolstering morale given that the last paycheck everyone is to receive is on Nov. 15.

Governments from around the world have congratulated Biden since Saturday, signaling they are turning the page.

Russia, which U.S. intelligence agencies have said interfered in the 2016 election to support Trump and then sought to disparage Biden in this year’s race, said on Monday it would wait for the official results before commenting, noting Trump’s legal challenges. China was similarly cautious.

(Reporting by Andy Sullivan and Andrea Shalal in Washington and Simon Lewis and Trevor Hunnicutt in Wilmington, Delaware; Additional reporting by Jason Lange, Susan Heavey, Doina Chiacu, Makini Brice, Alexandra Alper and Steve Holland in Washington and Costas Pitas in London; Writing by Will Dunham and Andy Sullivan; Editing by Scott Malone, Catherine Evans and Grant McCool)

Conservative U.S. Supreme Court prepares to hear Obamacare challenge

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Tuesday is set to hear arguments in a bid by Republican-governed states backed by President Donald Trump’s administration to strike down the Obamacare healthcare law, even as Joe Biden prepares to replace Trump in January.

Key priorities set by the Democratic president-elect included expanding healthcare access and buttressing Obamacare, the 2010 law formally called the Affordable Care Act that Republicans for years have sought to invalidate. The law was the signature domestic policy achievement of former President Barack Obama, under whom Biden served as vice president.

Although the court now has a 6-3 conservative majority bolstered by the Senate confirmation last month of Trump’s third appointee, Amy Coney Barrett, most legal experts think it would stop short of a seismic ruling striking down the law. The Supreme Court in 2012 and 2015 fended off previous Republican challenges to Obamacare.

Biden and other Democrats have criticized Republican efforts to strike down the law in the midst of a deadly coronavirus pandemic.

If Obamacare were to be struck down, up to 20 million Americans could lose their medical insurance and insurers could once again refuse to cover people with pre-existing medical conditions. Obamacare expanded public healthcare programs and created marketplaces for private insurance.

“Abolishing the Affordable Care Act would be deeply damaging to the American health care system and public health,” Georges Benjamin, executive director of the nonprofit American Public Health Association, said in a statement.

The justices will hear an expanded 80-minute oral argument by teleconference due to the pandemic.

The impetus for the Supreme Court case was a 2018 ruling by a federal judge in Texas that Obamacare as currently structured in light of a key Republican-backed change made by Congress violates the U.S. Constitution and is invalid in its entirety.

The justices in March agreed to hear an appeal filed by a coalition of Democratic-led states and the Democratic-controlled House of Representatives defending Obamacare.

They asked the justices to overturn a ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals that declared that the law’s “individual mandate” that required people to obtain health insurance ran afoul of the Constitution. Republican states led by Texas and backed by Trump’s administration have asked the justices to throw out the law.

If the individual mandate is struck down “then it necessarily follows that the rest of the ACA must also fall,” Trump administration’s lawyers argued in court papers.

The Supreme Court in 2012 upheld most Obamacare provisions including the individual mandate, which required people to obtain insurance or pay a financial penalty. The court defined this penalty as a tax and thus found the law permissible under the Constitution’s provision empowering Congress to levy taxes.

In 2017, Trump signed a Republican-backed law tax that eliminated the financial penalty under the individual mandate, which gave rise to the Republican lawsuit. The tax law meant the individual mandate could no longer be interpreted as a tax provision and was therefore unlawful, the Republican challengers argued.

Democrats made the Republican threat to Obamacare a central feature of their opposition to Barrett’s confirmation to replace the late liberal Justice Ruth Bader Ginsburg.

Barrett, when she was a law professor, previously indicated she backed the challengers in the two previous Obamacare cases that reached the Supreme Court.

In recent cases with conservative justices in the majority, the court has declined to strike down an entire statute just because one part was unlawful.

“Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute,” conservative Justice Brett Kavanaugh, another Trump appointee, wrote in a ruling earlier this year.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

U.S. postal service ordered to check for delayed ballots in key battlegrounds

By David Shepardson

WASHINGTON (Reuters) – A judge ordered the U.S. Postal Service to sweep mail processing facilities on Tuesday afternoon for delayed election ballots and immediately dispatch any for delivery in about a dozen states, including closely-fought battlegrounds like Pennsylvania and Florida.

USPS data showed about 300,000 ballots that were received for mail processing did not have scans confirming their delivery to election authorities. While ballots may be delivered without scans, voting rights groups fear mail delays could cause at least some of those votes to be disqualified.

The ruling came in response to lawsuits brought by groups including Vote Forward, the NAACP, and Latino community groups.

Affected by the order are central Pennsylvania, northern New England, greater South Carolina, south Florida, Colorado, Arizona, Alabama and Wyoming, as well as the cities of Atlanta, Houston, Philadelphia, Detroit, and Lakeland, Florida.

U.S. District Judge Emmet Sullivan ordered postal officials to complete the inspections by 3 p.m. ET (2000 GMT) and certify by 4:30 p.m. ET (2130 GMT) that no ballots were left behind.

Lawyers for the USPS told Sullivan in a court filing that the agency was not able to complete the sweeps by 4:30 p.m. but was “working as expeditiously as possible to comply with this court’s orders while recognizing physical and operational limitations and the need to avoid disrupting key activities on Election Day.”

It added inspectors would be in the identified facilities throughout the evening.

The Justice Department said postal inspectors were still conducting daily reviews of 220 facilities handling election mail, including reviewing logs for accuracy, scanning for delayed mail, and ensuring election mail was processed expeditiously and no ballots were being held for postage due.

Many states will only count mailed ballots that are received by the end of Tuesday in their election results.

In August, the USPS suspended cost-cutting moves such as removing post boxes and mail processing machines implemented by Postmaster General Louis DeJoy, an ally of President Donald Trump. State attorneys general and civil rights groups said the changes would slow election mail delivery and make it difficult for voters to participate during the coronavirus pandemic.

The postal service has said it had delivered 122 million blank and completed ballots before Tuesday.

(Reporting by David Shepardson; Editing by Cynthia Osterman and Rosalba O’Brien)

After a campaign like no other, Americans rendering final verdict at polls

By Trevor Hunnicutt and Doina Chiacu

WILMINGTON, Del./WASHINGTON (Reuters) – Americans cast votes on Tuesday in the bitterly contested presidential race between incumbent Donald Trump and challenger Joe Biden after a tumultuous four years under the businessman-turned-politician that have left the United States as deeply divided as at any time in recent history.

Voters lined up at polling places around the country casting ballots amid a coronavirus pandemic that has turned everyday life upside down. Biden, the Democratic former vice president who has spent a half century in public life, has held a strong and consistent lead in national opinion polls over the Republican president.

But Trump is close enough in several election battleground states that he could piece together the 270 state-by-state Electoral College votes needed to win the election.

Trump is hoping to repeat the type of upset he pulled off in 2016 when he defeated Democrat Hillary Clinton despite losing the national popular vote by about 3 million ballots. Trump is aiming to avoid becoming the first incumbent U.S. president to lose a re-election bid since George H.W. Bush in 1992.

It is possible that it could be days before the result is known, especially if legal challenges focused on ballots sent by mail are accepted in the event of a tight race.

There was a sense of anxiety among voters and concern about possible unrest after a campaign with heated rhetoric. There were buildings boarded up in anticipation of possible protests, including in Washington and New York City. A new fence was erected around the White House.

Polls opened in some Eastern states at 6 a.m. EST (1100 GMT). The most closely watched results will start to trickle in after 7 p.m. EST (2400 GMT) when polls close in states such as Georgia.

Biden made another appearance on Tuesday morning in the pivotal state of Pennsylvania. Speaking to supporters using a bullhorn in Scranton, the city where he was born, Biden returned to some of his familiar campaign themes, promising to unite Americans and “restore basic decency and honor to the White House.”

Appearing on Fox News on Tuesday morning, Trump said the crowds he saw on Monday during his frenetic last day of campaigning gave him confidence that he would prevail.

“We have crowds that nobody’s ever had before,” said Trump, who has been criticized by Democrats for holding packed rallies in defiance of social-distancing recommendations during the pandemic. “I think that translates into a lot of votes.”

The voting caps a campaign dominated by a pandemic that has killed more than 231,000 Americans and put of people millions out of work. The country this year also was shaken by protests against racism and police brutality.

Biden, who has framed the contest as a referendum on Trump’s handling of the pandemic, promised a renewed effort to combat the public health crisis, fix the economy and bridge America’s political divide.

Trump has downplayed the pandemic, saying the country is “rounding the corner” even as numerous states set single-day records of new infections in the final days of the campaign.

More than 99 million Americans voted early either in person or by mail, motivated not only by concerns about waiting in lines on Election Day amid the pandemic but also by extraordinary levels of enthusiasm after a polarizing campaign.

The record-shattering total is nearing three-quarters of the total 2016 vote, according to the U.S. Elections Project at the University of Florida. Experts predict the vote could reach 160 million, exceeding the 138 million ballots cast in 2016.

While there were long lines in some places, in many states lines were shorter, perhaps a reflection of the massive early vote.

In McConnellsburg, Pennsylvania, about a dozen voters lined up, bundled in jackets and hats on an unseasonably chilly morning.

“He’s a bit of a jerk, and I appreciate that,” Martin Seylar, a 45-year-old welder who had just finished his shift, said of Trump, his preferred candidate. “He doesn’t get everything that he says done, but the way I see it is he’s trying, versus where everybody else blows smoke at us.”

In Detroit, Republican voter Nick Edwards, 26, cast a ballot for Biden but voted for Republican candidates for Congress.

“Honestly, decency in the White House,” Edwards said when asked about his main concern. “When someone leads the party, they need to hold those values, as well. I don’t think Trump encompasses that.”

Some crucial states, such as Florida, begin counting absentee ballots ahead of Election Day and could deliver results relatively quickly on Tuesday night. Others including Pennsylvania, Michigan and Wisconsin are barred from processing the vast majority of mail ballots until Election Day, raising the possibility of a prolonged vote count that could stretch for several days.

U.S. stocks opened higher on Tuesday, as investors wagered that Biden would prevail and usher in fresh stimulus spending.

CONTROL OF CONGRESS AT STAKE

Voters on Tuesday will also decide which political party controls the U.S. Congress for the next two years, with Democrats pushing to recapture a Senate majority and expected to retain their control of the House of Representatives.

Trump, 74, is seeking another four years in office after a chaotic first term marked by the coronavirus crisis, an economy battered by pandemic shutdowns, an impeachment drama, inquiries into Russian election interference, U.S. racial tensions and contentious immigration policies.

Trump, looking tired and sounding hoarse after days of frenetic campaigning, struck a decidedly less belligerent tone on Tuesday than he did on the trail over the weekend. He was expected spend most of Tuesday at the White House, where an election night party is planned for 400 guests, all of whom will be tested for COVID-19.

Biden, 77, is looking to win the presidency after a five-decade political career including eight years as vice president under Trump’s predecessor, Barack Obama. He mounted unsuccessful bids for the Democratic presidential nomination in 1988 and 2008.

Biden started his day at St. Joseph on the Brandywine, his Roman Catholic church near Wilmington, Delaware, where he spent some time at his son Beau’s grave with Beau’s daughter, Natalie. Beau Biden died of cancer at age 46 in 2015.

The two candidates have spent the final days barnstorming half a dozen battleground states, with Pennsylvania emerging as perhaps the most hotly contested. Biden will have made at least nine campaign stops in Pennsylvania between Sunday and Tuesday.

Biden’s polling lead has forced Trump to play defense; almost every competitive state was carried by him in 2016.

(Reporting by Trevor Hunnicutt in Scranton, Pennsylvania, and Doina Chiacu in Washington; Additional reporting by Steve Holland and Susan Heavey in Washington; Michael Martina in Detroit; Nathan Layne in McConnellsburg, Pennsylvania; and Daniel Trotta; Writing by Joseph Ax and John Whitesides; Editing by Paul Thomasch)

Explainer: U.S. election lingo, from naked ballots to a red mirage

By Tom Hals

WILMINGTON, Del. (Reuters) – Every U.S. presidential election has its own lingo, like the “hanging chads” on voting cards in Florida that led to a landmark court battle in 2000. Below is some of the jargon used in the days leading up to the Nov. 3 election pitting President Donald Trump against his Democratic challenger Joe Biden.

NAKED BALLOTS

Sixteen states, including Pennsylvania, require voters to return mail ballots in a special “secrecy” envelope. Ballots that don’t arrive in the envelope will be considered “naked” and might be disqualified. Celebrities including Naomi Campbell, Chris Rock and Sarah Silverman disrobed in a video to promote proper voting procedures, “the least sexy thing a completely naked person can say,” according to actor Josh Gad, who also stripped for the video by activist group Represent.Us. The group, which has promoted anti-corruption resolutions in U.S. cities, says it does not endorse either candidate.

RED MIRAGE/BLUE SHIFT

Fearing crowded polling places amid the coronavirus pandemic, a record number of Americans, particularly Democrats, cast mail-in ballots this year, and counting them could take days. As a result, initial results on Election Day may show Republicans, indicated by red on election maps, holding large leads in battleground states such as Pennsylvania, which counts mail-in ballots received three days after Nov. 3. As ballots are tallied in the ensuing days, that “red mirage” could fade, giving way to a “blue shift.” Experts see a possible “blue mirage” and “red shift” in Florida and North Carolina, which process mailed-in ballots before Election Day.

SPOILED BALLOTS

Ballots that are improperly marked can be rejected as spoiled. Trump said in an Oct. 27 Twitter post that the phrase “can I change my vote” was trending on Google and urged Americans to submit a new ballot for him. Some states allow voters to request a new absentee ballot but first they have to request their original ballot be marked as spoiled. Following Trump’s tweet, Google data showed a spike in searches for “spoiled ballots.”

DUELING ELECTORS

A candidate becomes president by securing the most “electoral” votes rather than a majority of the national popular vote. The Electoral College system allots electors to the 50 states largely based on their population, and the candidate who wins the popular vote in a state generally gets its electors. But legal experts say Trump could try to convince Republican lawmakers in closely contested states to approve the Republican slate of electors based on early vote tallies. As more ballots are counted, Biden might eventually be certified as the winner of the same state. The result: Dueling electors and an outcome that could be determined by Congress.

COURT PACKING

Republicans confirmed Amy Coney Barrett as a Supreme Court justice on Oct. 26 to replace the late Ruth Bader Ginsburg, a hero to many for her advocacy for women’s issues. Democrats had argued Ginsburg’s seat should be filled after the election and in response to Barrett’s confirmation some have suggested that a Biden Administration could expand the court beyond its traditional nine justices. The idea surfaced briefly in the late 1930’s and was criticized as “court packing.” Biden has said he will establish a bipartisan commission to consider changes to the court system, which he said is “getting out of whack.”

POLL WATCHERS

The Republican National Committee is mobilizing thousands of supporters to monitor early voting sites and ballot drop boxes, looking for irregularities such as people dropping off multiple ballots in states where that generally is not allowed. This marks the first presidential election in nearly four decades in which the Republicans can engage in “ballot security” activities without prior review and approval from the Department of Justice. Some voting rights advocates worry that gun-toting groups might show up outside polling places and intimidate voters.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Daniel Wallis)

Explainer: Can Trump call in troops to quell Election Day unrest?

By Jan Wolfe

(Reuters) – There have been pockets of unrest in battleground states ahead of the showdown between President Donald Trump and his Democratic challenger, Joe Biden, in Tuesday’s election.

On Saturday, peaceful participants at a rally in North Carolina to turn out the vote were pepper-sprayed by law enforcement officials. The Biden campaign canceled two events after a caravan of vehicles with Trump campaign flags swarmed a bus carrying campaign workers in Texas on Friday.

Trump, who previously declined to commit to a peaceful transfer of power if he decides Tuesday’s election results are fraudulent, could bring in the military or federal agents to quell civil unrest on Election Day.

Here is a look at the laws that give Trump authority in this area, and the limitations on his power.

WHAT IS THE INSURRECTION ACT?

Under the U.S. Constitution, governors of U.S. states have primary authority to maintain order within state borders. The 1878 Posse Comitatus Act bars the federal military from participating in domestic law enforcement.

The Insurrection Act, an exception to the Posse Comitatus Act dating back to 1807, permits the president to send in U.S. forces to suppress a domestic insurrection.

The Insurrection Act has been invoked dozens of times in U.S. history, but rarely since the civil rights movement of the 1960s.

It was last invoked in 1992 by President George H.W. Bush when the acquittal of four Los Angeles police officers in the beating of Black motorist Rodney King led to deadly riots. California’s governor supported Bush’s use of the law.

The act gives a president “awesome powers” and should be used as a last resort, said retired Army Major General John Altenburg, now a Washington lawyer.

DID TRUMP INVOKE THE ACT IN RESPONSE TO THIS YEAR’S ANTI-RACISM PROTESTS?

Trump considered invoking the act in response to violence and looting at mostly peaceful anti-racism protests in June. Trump dropped the idea after public pushback from Defense Secretary Mark Esper.

Instead, Trump sent U.S. Department of Homeland Security agents to cities like Washington and Portland, Oregon.

Those agents had military-style equipment but they were civilians and not members of the armed forces.

In the event of unrest on Election Day on Tuesday or in the ensuing days, Trump is more likely to activate those federal agents than the military, said Jimmy Gurulé, a University of Notre Dame law professor and former Justice Department official.

To do so, Trump would need to cite some violation of federal law that the agents are policing against. The DHS agents sent to Portland earlier this year were charged with enforcing a law against vandalizing federal property like courthouses.

CAN TRUMP ACTIVATE THE NATIONAL GUARD?

Yes, the U.S. government could activate, or “federalize,” the Army National Guard, a reserve force of part-time soldiers. Those civilian soldiers are usually activated by governors, but federal law also allows the U.S. government to mobilize them.

Once federalized, National Guard soldiers are under the full command and control of the defense secretary until they are returned to state status.

This year, many state governors have activated the National Guard to respond to the coronavirus pandemic and support local law enforcement in quelling disturbances.

SO TRUMP NEED NOT HAVE A GOVERNOR’S APPROVAL FOR SENDING IN TROOPS?

Right. Under the Insurrection Act, if a president determines that a rebellion has made it “impracticable” to enforce U.S. law through ordinary judicial proceedings, he may activate the armed forces without a governor’s approval “to enforce those laws or to suppress the rebellion.”

Historically, presidents and governors have generally agreed on the need for troops.

Trump can activate DHS agents, who are federal government employees, or the National Guard, without state approval.

There are limits, however, on the president’s power. Federal law makes it illegal for the military or other federal agents to interfere with an election. Deploying the military or DHS to polling places is illegal, for example.

CAN A COURT BLOCK A PRESIDENT’S USE OF FORCE?

Yes, but courts have historically been reluctant to second-guess a president’s military declarations, said Robert Chesney, a law professor at the University of Texas.

“When a president claims that the facts on the ground warrant invocation of the Insurrection Act, courts ordinarily would not second-guess this,” Chesney said. Judges, however, could break with precedent if they believed Trump had relied on false claims to justify the use of force, he said.

If Trump sends in DHS or other federal agents, they must respect the constitutional rights of civilians. Advocacy groups like the American Civil Liberties Union accused the agents in Portland of making arrests that violated the constitutional rights of protesters and journalists.

But the Trump administration had the lawful authority to use the agents, legal experts said.

(Reporting by Jan Wolfe; Additional reporting by Idrees Ali and Phil Stewart; Editing by Noeleen Walder, Howard Goller and Peter Cooney)

Trump’s appointee Barrett takes part in first Supreme Court arguments

By Lawrence Hurley

WASHINGTON (Reuters) – Amy Coney Barrett participated in her first case as a member of the U.S. Supreme Court on Monday, with President Donald Trump’s appointee welcomed by Chief Justice John Roberts before questioning one of the lawyers in a dispute in which an environmental group is seeking government documents.

Owing to the coronavirus pandemic, Barrett made her debut not in a public session in the ornate courtroom where the justices usually hear cases but rather in a teleconference format, with a live audio feed available to the public.

Although Barrett officially started work last Tuesday, she did not participate in Friday’s private conference in which the justices discussed what new cases to hear because she was preparing for this week’s arguments, a court spokeswoman said.

“It gives me great pleasure on behalf of myself and my colleagues to welcome Justice Barrett to the court,” Chief Justice John Roberts said at the outset. “… Justice Barrett, we wish you a long and happy career in our common calling.”

With the justices taking turn by seniority, Barrett was the last to weigh in on the case brought by the Sierra Club seeking documents related to the U.S. Fish and Wildlife Service’s consideration of a regulation finalized in 2014. The agency concluded that the environmental regulation for cooling water intake structures that are used by power plants and other industrial facilities would not adversely affect endangered species, including fish, turtles and shellfish.

Barrett, following fellow Trump appointee Justice Brett Kavanaugh, continued with his line of questioning on how courts determine which internal agency documents are subject to a federal law called the Freedom of Information Act, which lets people request certain materials.

“What other factors would a court consider?” Barrett asked, in relation to how courts decide whether a draft document, as opposed to a final report, can be sought as part of such a request.

A federal judge in California ruled in 2017 that 11 documents had to be disclosed. The government appealed and the San Francisco-based 9th U.S. Circuit Court of Appeals in 2018 ruled partly for the government but still found that nine documents had to be released.

It was the first of two cases on Monday. The second was an employment benefits dispute involving a former railroad worker.

The Republican-led Senate confirmed Barrett one week ago, with Democrats strongly opposed. Trump on Sept. 26 announced Barrett as his nominee to replace liberal Justice Ruth Bader Ginsburg, who died of cancer on Sept. 18. Barrett previously was appointed by Trump as a federal appeals court judge in 2017 after she served as a law professor at Notre Dame University in Indiana.

Barrett’s confirmation expanded the Supreme Court’s conservative majority to 6-3.

Monday’s case was argued a day before the U.S. election in which the Republican president is seeking a second term in office against Democratic challenger Joe Biden. In campaign rallies, Trump has touted his appointment of Barrett, receiving applause from his supporters.

No Supreme Court justice has ever been confirmed so close to a presidential election. At 48, Barrett could serve in her lifetime post for decades alongside Trump’s two other Supreme Court appointees, Kavanaugh and Neil Gorsuch.

The first major case in which Barrett will take part comes on Wednesday when the court hears a religious rights dispute involving the city of Philadelphia’s refusal to place children for foster care with a Catholic agency that bars same-sex couples from serving as foster parents.

Next week, the court hears arguments in litigation in which Trump and Republican-governed states are seeking to invalidate the Affordable Care Act, the 2010 healthcare law also called Obamacare that has helped millions of Americans obtain medical insurance.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Suspects in Michigan kidnap plot also weighed targeting Virginia governor: FBI

By Gabriella Borter

(Reuters) – Some suspects accused of trying to kidnap Michigan Governor Gretchen Whitmer also discussed whether they should shoot her in the head and contemplated abducting Virginia Governor Ralph Northam as well, an FBI agent testified on Tuesday.

Thirteen people including at least seven tied to an armed militia were arrested last week and accused of plotting to kidnap the Democratic governor Whitmer, who has come under criticism from Republican President Donald Trump and from right-wing extremists for her handling of the coronavirus pandemic.

FBI Special Agent Richard Trask was testifying at a hearing in the U.S. District Court for the Western District of Michigan to decide whether five of the suspects accused of federal kidnapping charges should be granted bail.

During a planning meeting in Dublin, Ohio, in June, some of the suspects also discussed targeting Northam, who like Whitmer is a Democrat who has enacted coronavirus restrictions that they opposed, the agent said.

“At this meeting they discussed possible targets, taking a sitting governor, specifically issues with the governor of Michigan and Virginia based on the lockdown orders,” Trask said, basing his testimony on evidence from confidential informants, including encrypted communications from the group.

The FBI gleaned from the group’s messages that one of the suspects had at one point suggested going to Whitmer’s house to “cap her,” possibly disguised as a pizza delivery man, Trask said.

One suspect floated the idea of grabbing a pizza delivery person and taking his shirt in order to carry out the plan, Trask said.

The defendants in Tuesday’s hearing are among six people facing federal kidnapping charges who could be sentenced to life in prison if convicted.

Seven suspects associated with the Wolverine Watchmen militia group face state charges in Michigan.

Their arrests last week, in the final stretches of the Nov. 3 presidential campaign, underscored the country’s political polarization as Trump seeks re-election against Democratic challenger Joe Biden.

Trask said the plotters were eager to carry out some action before the election, with one suggesting they put her on trial for treason.

Michigan is considered a state where voters could favor either Biden or Trump, potentially swinging a close national election.

Internal U.S. security memos in recent months have warned that violent domestic extremists could pose a threat to election-related targets, a concern exacerbated by the coronavirus pandemic, political tensions, civil unrest and foreign disinformation campaigns.

The plotting took place after Trump in April had tweeted “LIBERATE MICHIGAN!” and “LIBERATE VIRGINIA, and save your great 2nd Amendment. It is under siege!” in reference to gun rights under the U.S. Constitution.

(Reporting by Gabriella Borter; Writing by Daniel Trotta; Editing by Howard Goller)

Analysis: South Korea sees hope and threat in mixed message from North’s Kim

By Hyonhee Shin

SEOUL (Reuters) – South Korean officials have seized on conciliatory comments by North Korean leader Kim Jong Un on the weekend as a sign that tension could be easing but also worry the huge number of rockets he showcased is evidence that peace may be elusive.

Kim sent mixed signals as he addressed an unprecedented night-time military parade early on Saturday, wishing the neighboring Koreas would “hold hands” again after the novel coronavirus pandemic is over.

While much of the world was captivated by the appearance of a new intercontinental ballistic missile (ICBM), officials in South Korea were far more concerned by the display of new multiple launch rocket systems (MLRS) and fast, maneuverable short-range missiles that would be ideal for striking targets in the South.

“The parade revealed not only an advanced ICBM but also MLRS that pose a direct threat to South Korea,” said South Korean opposition leader Kim Chong-in.

“They’ve not changed, their threats have grown even bigger.”

South Korean ruling party leader and former prime minister Lee Nak-yon said he took hope from Kim’s overture to the South as a “positive sign” but worried about what the display of new weapons said about North Korea’s intentions.

“North Korea showed advanced weapons including a new ICBM, which indicated it has not abandoned its resolve to develop weapons of mass destruction, and those weapons can threaten peace on the Korean peninsula,” Lee told a party meeting.

November’s U.S. election is compounding the uncertainty especially as the tone of ties between the two Koreas is often set by the state of North Korea’s relations with its old enemy the United States.

When a landmark summit between Kim and U.S. President Donald Trump in 2018 brought an unprecedented easing of tension between those two countries, North Korea’s dealings with South Korea also saw a remarkable thaw.

But relations on the peninsula have been tense since a second summit between Kim and Trump collapsed last year, and they took another blow last month when North Korean troops shot dead a South Korean fisheries official detained at sea.

‘CROCODILE TEARS’

Shin Beom-chul, a senior fellow at the Korea Research Institute for National Strategy in Seoul, said despite Kim’s conciliatory comments towards South Korea, his main message on Saturday was aimed at the United States.

“By showing a new ICBM, the North suggested they can test it any time if things don’t go well after the election. Inter-Korean ties don’t count to them,” Shin said.

The South Korean government said Kim’s speech would foster better ties but it urged North Korea to stick to agreements preventing armed clashes and accept a request for a joint investigation into the shooting of the fisheries official.

South Korean opposition leader Kim derided a teary display by Kim as he spoke of the sacrifices made by North Korea’s armed forces.

“It was appalling to see him shed crocodile tears after shooting our citizen to death,” he said.

Former South Korean nuclear negotiator Chun Yung-woo, pointing to North Korea’s extensive testing of MLRS and short-range missiles over the past year, while sticking to a moratorium on ICBM testing, said South Korea must not get carried away by hope for peace.

“All the media attention is on North Korea’s new strategic weapons but the most serious threat to our security is solid-fuel, short-range tactical missiles and MLRS that they’ve been madly testing over the past year,” Chun said.

“North Korea showed how it has focused on developing its capability to attack the South while our people have been absorbed in a peace campaign,” he said.

(Reporting by Hyonhee Shin; Editing by Josh Smith, Robert Birsel)

Senate hearing begins for Supreme Court nominee Barrett

By Lawrence Hurley, Andrew Chung and Patricia Zengerle

WASHINGTON (Reuters) – The U.S. Senate Judiciary Committee on Monday opened its four-day confirmation hearing for President Donald Trump’s Supreme Court nominee Amy Coney Barrett as his fellow Republicans seek to place her on the bench ahead of the Nov. 3 presidential election in the face of firm Democratic opposition.

The hearing for the conservative appellate court judge, picked by Trump to replace the late liberal Justice Ruth Bader Ginsburg, started with senators making opening statements. Barrett herself will make her own opening statement after the 22 members of the committee are given a chance to speak.

As a result of health concerns prompted by the coronavirus pandemic, not all the senators will participate in person. Those present in the hearing room on Capitol Hill, which will include Barrett and her family, will be socially distanced and follow other guidelines.

Barrett sat at a table facing the senators wearing a face mask. Her children sat behind her, also wearing protective masks, as the hearing got underway.

Each senator has the final call on whether to attend in person. Democratic Senator Kamala Harris, Democratic presidential nominee Joe Biden’s vice presidential running mate, is among those participating remotely.

The Senate’s Republican leaders rejected Democratic pleas to delay the hearing after two Republican Judiciary Committee members and Trump himself tested positive for the coronavirus in the days following the Sept. 26 White House event at which the president announced Barrett as the nominee.

The hearing is a key step before a final full Senate vote by the end of October on her nomination for a lifetime job on the court.

Barrett is expected to tell senators that as a judge she seeks to “reach the result required by the law, whatever my own preferences might be,” according to a copy of her prepared remarks released on Sunday.

Barrett, 48, said in the statement that it will be an “honor of a lifetime” to serve alongside the current eight justices.

Her confirmation would create a 6-3 conservative majority on the court that could lead to rulings rolling back abortion rights, expanding religious and gun rights, and upholding Republican-backed voting restrictions, among other issues.

Republicans have a 53-47 Senate majority so Barrett’s confirmation seems almost certain.

Democrats have focused their criticism so far on Barrett’s potentially vital role in a case pending before the Supreme Court in which Trump and Republican-led states are seeking to invalidate the Affordable Care Act healthcare law, often called Obamacare.

One key provision bars insurance companies from denying coverage to people with pre-existing conditions.

Democrats have called on Barrett to recuse herself from the case, saying she would have a conflict of interest because Trump has called for the law to be struck down.

They have also demanded that she step aside from any cases involving the presidential election because Trump has said the court is likely to have to settle cases over electoral disputes.

Trump, who is running for re-election against Biden, has indicated he would expect the court to rule in his favor if Barrett is confirmed.

Under existing rules, individual justices have the final say on whether they should recuse.

Barrett, a devout Catholic who has expressed opposition to abortion, is expected to face Democratic questioning on that issue too. Christian conservative activists long have hoped for the court to overturn the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide.

Barrett will face questions from senators on Tuesday and Wednesday in lengthy all-day sessions. The hearing is due to conclude on Thursday with outside witnesses testifying about her qualifications.

(Reporting by Lawrence Hurley; Editing by Lisa Shumaker)