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4 landmark decisions from Supreme Court Justice Anthony Kennedy, who retires in July
Supreme Court Associate Justice Anthony M. Kennedy, 81, announced on Wednesday his upcoming resignation, marking the end of a three-decade tenure on the high court.
Supreme Court Associate Justice Anthony M. Kennedy, 81, announced on Wednesday his upcoming resignation, marking the end of a three-decade tenure on the high court.
The court said he will retire effective July 31.
Kennedy was an influential and moderate justice whose vote was often decisive. Although he sided with conservatives more often than not, Kennedy was known at times for displaying a more liberal temperament, such as when he ruled against overturning the 1973 Roe vs. Wade decision and wrote the majority opinion in the 2015 case that legalized same-sex marriage.
His resignation leaves President Donald Trump an opportunity to tilt the court to the right by appointing a more conservative justice, as the president did in 2017 when he appointed Justice Neil M. Gorsuch to succeed Justice Antonin Scalia. Such an appointee would give conservatives a solid 5-4 majority in the court.
Here’s a look at some of the most important decisions by Justice Anthony M. Kennedy, who was appointed in 1987 by former President Ronald Reagan.
Planned Parenthood v. Casey
Planned Parenthood v. Casey was the first Supreme Court case that had the potential to overturn the Roe v. Wade decision.
It almost did. Kennedy had initially sided with conservative justices in a majority, but had a change of heart and later joined justices Sandra Day O'Connor and David Souter in a plurality that reaffirmed Roe.
“These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment,” the plurality opinion read. “At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.”
Citizens United v. Federal Election Commission
In this highly controversial landmark case, Kennedy wrote a majority opinion in which the court ruled that political spending, from organizations like for-profit corporations and labor unions, for campaign advertisements is a form of protected speech under the First Amendment.
The court had regarded political spending as a form of protected speech in the past, though it upheld certain restrictions on spending out of an interest to prevent corruption—or the appearance of corruption.
“The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it,” Kennedy wrote in the opinion. “The First Amendment “‘has its fullest and most urgent application’ to speech uttered during a campaign for political office.”
The decision upended campaign finance laws, paving the way for corporations to donate virtually endless amounts of money to politicians, typically through third-party organizations dubbed super PACs (political action committees).
(Photo by Alex Wong/Getty Images)
Bush v. Gore
Kennedy’s vote was again decisive in this monumental decision that ultimately granted former President George W. Bush a seat in the White House.
In Florida, state law mandated that a hand recount occur when the margin of victory in an election was less than 0.5 percent. After the remarkably close results of the 2000 presidential election came in, a recount was ordered. The validity of the recount was contested at state and federal levels until the Supreme Court ultimately ruled in a 5-4 decision that a recount couldn’t be completed by the December 12 “safe harbor” deadline. The decision meant the initial election results were final.
As New Yorker legal analyst Jeffrey Toobin wrote, the decision was surprising because it was the work of conservative justices who had traditionally deferred to the “preëminence of states’ rights,” but in this case chose to override the Florida courts.
The decision “didn't just scar the court's record, it damaged the court's honor,” Toobin wrote.
Justice Ruth Bader Ginsburg would likely agree—she famously ended her dissenting opinion with “I dissent” instead of the traditional “I respectfully dissent.”
Obergefell v. Hodges
In 2015, Kennedy joined four liberal justices to form a majority in this landmark case that struck down state bans on same-sex marriage in the U.S.
Kennedy famously wrote:
“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
The decision was the culmination of Kennedy’s decades-long track record of expanding rights for the LGBTQ community. Previously, he had authored several majority opinions in cases involving gay rights, including 1996’s Romer v. Evans, 2003’s Lawrence v. Texas, and 2013’s United States v. Windsor.
But Kennedy wasn’t always in line with gay rights advocates. Most recently, he voted in favor of Masterpiece Cakeshop, a bakery that refused service to a same-sex couple in Colorado.
Still, it’s easy to see how a more conservative justice could slow, or even reserve, the expansion of LGBTQ rights in the U.S.
Emotional intelligence is a skill sought by many employers. Here's how to raise yours.
- Daniel Goleman's 1995 book Emotional Intelligence catapulted the term into widespread use in the business world.
- One study found that EQ (emotional intelligence) is the top predictor of performance and accounts for 58% of success across all job types.
- EQ has been found to increase annual pay by around $29,000 and be present in 90% of top performers.
The achievement is an important milestone in quantum computing, Google's scientists said.
- Sycamore is a quantum computer that Google has spent years developing.
- Like traditional computers, quantum computers produce binary code, but they do so while utilizing unique phenomena of quantum mechanics.
- It will likely be years before quantum computing has applications in everyday technology, but the recent achievement is an important proof of concept.
How quantum computers differ from traditional computers<p>Like traditional computers, quantum computers produce binary code to execute computing functions. But instead of using transistors to represent the ones and zeroes, as traditional computers do, quantum computers like Sycamore use quantum bits, or "qubits."</p><p>Qubits are extremely tiny pieces of hardware that act like subatomic particles, utilizing quantum phenomena like entanglement, superposition, and interference. Qubits can represent ones and zeroes. But thanks to superposition, qubits are also able to represent multiple states at the same time, meaning they can make calculations much faster than traditional computers. That's what helped Sycamore recently outperform a supercomputer.</p><p>Sycamore achieved "quantum supremacy," which occurs when a quantum computer can do something that a traditional computer cannot. To pass this benchmark, Google engineers pit Sycamore against the world's leading supercomputer, Summit, which is housed at Oak Ridge National Laboratory in Tennessee.</p><p>"Summit is currently the world's leading supercomputer, capable of carrying out about 200 million billion operations per second," William Oliver, a physicist at the Massachusetts Institute of Technology, wrote in a <a href="https://www.nature.com/articles/d41586-019-03173-4" target="_blank">"News and Views" piece</a> for <em>Nature</em>.</p><p>But the contest between Sycamore and Summit involved a highly specific task, one that was specifically designed to give a competitive edge to a quantum computer like Sycamore.</p>
Beating the world's leading supercomputer<p>The task involved estimating how likely it was that a processor would produce some "bitstrings" more often than others. As you continue to add information to the equation, it becomes exponentially difficult for traditional computers to conduct the calculations. (You can read more about the experiment <a href="https://ai.googleblog.com/2019/10/quantum-supremacy-using-programmable.html" target="_blank">here</a>.)</p><p>"We performed a fixed set of operations that entangles 53 qubits into a complex superposition state," Ben Chiaro, a graduate student researcher in the Martinis Group, which conducted the experiment, told <em><a href="https://www.sciencedaily.com/releases/2019/10/191023133358.htm" target="_blank">Science Daily</a></em>. "This superposition state encodes the probability distribution. For the quantum computer, preparing this superposition state is accomplished by applying a sequence of tens of control pulses to each qubit in a matter of microseconds. We can prepare and then sample from this distribution by measuring the qubits a million times in 200 seconds."</p><p>"For classical computers, it is much more difficult to compute the outcome of these operations because it requires computing the probability of being in any one of the 2^53 possible states, where the 53 comes from the number of qubits -- the exponential scaling is why people are interested in quantum computing to begin with," Brooks Foxen, another graduate student researcher in the Martinis Group, told <em>Science Daily</em>. "This is done by matrix multiplication, which is expensive for classical computers as the matrices become large."</p><p>But the specific nature of this task has led some to question the utility of quantum computers like Sycamore.</p><p>"One criticism we've heard a lot is that we cooked up this contrived benchmark problem—[Sycamore] doesn't do anything useful yet," Hartmut Neven, a Google engineering director said at a press event on Wednesday. "That's why we like to compare it to a Sputnik moment. Sputnik didn't do much either. All it did was circle Earth. Yet it was the start of the Space Age."</p>
A proof of concept for quantum computing<p>Although it could be decades until we see quantum computing powering everyday devices, Sycamore serves as a proof of concept that there exists a form of computing that has the potential to be vastly superior to traditional computing.</p><p>"This demonstration of quantum supremacy over today's leading classical algorithms on the world's fastest supercomputers is truly a remarkable achievement and a milestone for quantum computing," Oliver wrote in his piece for <em>Nature</em>. "It experimentally suggests that quantum computers represent a model of computing that is fundamentally different from that of classical computers. It also further combats criticisms about the controllability and viability of quantum computation in an extraordinarily large computational space (containing at least the 253 states used here)."</p>
A study published Friday tested how well 14 commonly available face masks blocked the emission of respiratory droplets as people were speaking.
- The study tested the efficacy of popular types of face masks, including N95 respirators, bandanas, cotton-polypropylene masks, gaiters, and others.
- The results showed that N95 respirators were most effective, while wearing a neck fleece (aka gaiter) actually produced more respiratory droplets than wearing no mask at all.
- Certain types of homemade masks seem to be effective at blocking the spread of COVID-19.
Fischer et al.<p>A smartphone camera recorded video of the participants, and a computer algorithm counted the number of droplets they emitted. To establish a control trial, the participants spoke into the box both with and without a mask. And to make sure that the droplets weren't in fact dust from the masks, the team conducted more tests by "repeatedly puffing air from a bulb through the masks."</p>
Fischer et al.<p>The results, published Friday in <a href="https://advances.sciencemag.org/content/early/2020/08/07/sciadv.abd3083" target="_blank">Science Advances</a>, showed that some masks are pretty much useless. In particular, neck fleeces (also called gaiters) actually produced more respiratory droplets compared to the control trial — likely because the fabric breaks down big droplets into smaller ones.</p><p>The top three most effective masks were N95 respirators, surgical masks, and polypropylene-cotton masks. Bandanas performed the worst, but were slightly better than wearing no mask at all.</p>
Fischer et al.<p>Research on mask efficacy is still emerging. But the new results seem to generally align with <a href="https://newsroom.wakehealth.edu/News-Releases/2020/04/Testing-Shows-Type-of-Cloth-Used-in-Homemade-Masks-Makes-a-Difference" target="_blank" rel="noopener noreferrer dofollow">prior tests</a>. For example, a study from June published in <a href="https://aip.scitation.org/doi/10.1063/5.0016018" target="_blank" rel="noopener noreferrer dofollow">Physics of Fluid</a> found that bandanas (followed by folded handkerchiefs) were least effective at blocking respiratory droplets. That same study also found, as <a href="https://newsroom.wakehealth.edu/News-Releases/2020/04/Testing-Shows-Type-of-Cloth-Used-in-Homemade-Masks-Makes-a-Difference" target="_blank" rel="noopener noreferrer dofollow">others have</a>, that masks made from multiple layers of quilter's fabric were especially effective at blocking droplets.</p><p>The researchers hope other institutions will conduct similar experiments so the public can see how well different masks can block the spread of COVID-19.</p><p style="margin-left: 20px;">"This is a very powerful visual tool to raise awareness that a very simple masks, like these homemade cotton masks, do really well to stop the majority of these respiratory droplets," Fischer told CNN. "Companies and manufacturers can set this up and test their mask designs before producing them, which would also be very useful."</p>
Sharing QAnon disinformation is harming the children devotees purport to help.
- The conspiracy theory, QAnon, is doing more harm than good in the battle to end child trafficking.
- Foster youth expert, Regan Williams, says there are 25-29k missing children every year, not 800k, as marketed by QAnon.
- Real ways to help abused children include donating to nonprofits, taking educational workshops, and becoming a foster parent.
Real ways you can help stop child trafficking<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="21fc2dc85391501eec28c4bf46d7db15"><iframe type="lazy-iframe" data-runner-src="https://www.youtube.com/embed/AXL0q9jNZGU?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p>Williams is the founder and CEO of <a href="http://www.seenandheard.org/" target="_blank">Seen and Heard</a>, a Los Angeles-based nonprofit that helps foster youth develop character through the performing arts. She's been involved with foster youth for years; I <a href="https://bigthink.com/politics-current-affairs/child-sex-trafficking" target="_self">wrote about her work</a> in child trafficking just over a year ago. Tragically, since that time, the situation for these children has only gotten worse, in large part because of QAnon.</p><p>Williams says child trafficking is an easy cause to rally people together. Fear is also a powerful unifying force, one that QAnon believers are already primed for via the news they consume. Almost every parent cares about their children, making them the ideal target to solidify groups. </p><p>The real problem, she says, is that the youth she works with are falling for these conspiracy theories. Trauma is a particularly powerful tool for indoctrination. If you're a teenager that's been abducted or abused, your trust level is already extremely low. Then you read about a global cabal of powerful men (and a few women) secretly abusing children, and the narrative seems ready-made for your personal history.</p><p>When Williams tried to "lovingly and kindly correct" the youth she was working with after learning about the Wayfair conspiracy, the girls' response was, "well, who owns the media?" </p><p style="margin-left: 20px;">"She goes from this small little thing to a QAnon talking point. I've been thinking about why she would believe such a preposterous idea—and there are others; it's not just one student, and they're in in deep. I think that when something horrific happens to you as a child, it's a lot easier to distance yourself from the immediate reality that it was an uncle or a parent or a sibling that hurt you. By detaching from that immediate person, they project it onto Bill Gates or Chrissy Teigen. Then it's not so personal, it's global." </p>
A man wear a shirt with the words Q Anon as he attends a rally for President Donald Trump at the Make America Great Again Rally being held in the Florida State Fair Grounds Expo Hall on July 31, 2018 in Tampa, Florida.
Photo by Joe Raedle/Getty Images<p>As Williams mentions, there are over 30,000 kids in foster care in the Los Angeles area alone. It's easy to fall through the cracks. The systems in place aren't perfect; they're certainly underfunded. When you're in a system trying to support you yet isn't capable of doing so, viewing the world as imperfect, and even harmful, becomes the lens through which you see reality. Again, this makes for a perfect indoctrination tool.</p><p>One popular QAnon talking point is that 800,000 children are missing. As Williams says, child trafficking experts "don't buy this for a minute." The number makes for a good meme but a poor representation of the problem. </p><p>To source better data, Williams turns to the <a href="https://www.missingkids.org/" target="_blank">National Center for Missing and Exploited Children</a> (NCMEC) and the <a href="https://www.fbi.gov/services/cjis/ncic" target="_blank" rel="noopener noreferrer dofollow">National Crime Information Center</a> (NCIC). An important factor when reading data: if a teacher <em>and</em> a caregiver report a missing child to NCIC, that counts as two children, not one, which accounts for some of the fluctuations in numbers. In total, between 25,000 and 29,000 kids go missing every year. Importantly, 94 percent of those children are recovered within four to six weeks. </p><p style="margin-left: 20px;">"They're not documenting the recovery rate. It's not like these numbers are perpetually hanging out there. So this 800,000 number is just ludicrous." </p><p>Williams compares what's going on to Black Lives Matter. Blacking out your Instagram profile picture is performative. It signals that you actually care, which is great, but if you're not supporting Black-owned businesses, for example, there are no teeth to your activism. </p><p>Of course, blacking out your profile doesn't cause the real-world harm the QAnon virus does. Sharing misinformation is ultimately harmful to the children in need of help. Williams offers the resources below—ranging from donations to nonprofits to educational trainings to becoming a foster parent—for people that actually want to do something to help victims of sexual and physical abuse. They might not make a great Twitter meme, but in the actual world, this support makes all the difference. </p><p><strong>To report abuse/neglect, call the child abuse hotline: 800.540.4000 (LA county) / 800.422.4453 (National)</strong></p><ul><li>Support anti-trafficking organizations by donating to <a rel="noopener noreferrer dofollow" href="http://savinginnocence.org/" target="_blank">Saving Innocence</a>, which runs the continuum of care from rescue to recovery, <a href="http://gozoe.org/" target="_blank" rel="noopener noreferrer dofollow">Zoe</a>, a reputable faith-based organization, and <a rel="noopener noreferrer dofollow" href="https://withtwowings.org/" target="_blank">Two Wings</a>, which helps to rehabilitate female survivors</li><li><a rel="noopener noreferrer dofollow" href="http://www.nolabrantleyspeaks.org/" target="_blank">Nola Brantley</a> offers in-person and online trainings to help combat the commercial sexual exploitation of children</li><li><a rel="noopener noreferrer dofollow" href="http://instagram.com/imrebeccabender" target="_blank">Rebecca Bender</a> is a trafficking survivor that runs "Myth Busters," which combats conspiracy theory disinformation</li><li>The <a href="https://www.instagram.com/missingkids/" target="_blank" rel="noopener noreferrer dofollow">National Center</a> of Missing and Exploited Children</li><li>Operation <a href="https://www.instagram.com/ourrescue/" target="_blank" rel="noopener noreferrer dofollow">Underground Railroad </a></li><li><a href="https://www.instagram.com/defendinnocence/" target="_blank" rel="noopener noreferrer dofollow">Defend Innocence</a> offers tips for parents and caregivers to keep kids safe</li></ul><p><span></span>--</p><p><em>Stay in touch with Derek on <a href="http://www.twitter.com/derekberes" target="_blank">Twitter</a>, <a href="https://www.facebook.com/DerekBeresdotcom" target="_blank">Facebook</a> and <a href="https://derekberes.substack.com/" target="_blank">Substack</a>. His next book is</em> "<em>Hero's Dose: The Case For Psychedelics in Ritual and Therapy."</em></p>