Politics

Supreme Court marshal asks Maryland officials to prohibit picketing outside justices' homes

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(NEW YORK) -- Supreme Court marshal Gail Curley is asking Maryland officials to enforce state and local laws that prohibit picketing outside the homes of justices.

Curley sent the requests to Maryland Gov. Larry Hogan and Montgomery County executive Mark Erlich in letters dated July 1, citing an uptick in demonstrations since May -- when the draft opinion overturning Roe v. Wade was leaked to the public.

“For weeks on end, large groups of protesters chanting slogans, using bullhorns, and banging drums have picketed Justices’ homes in Maryland,” Curley wrote to Hogan, noting one crowd outside the home of a justice grew to more than 100 people.

The Maryland residences of Chief Justice John Roberts and justices Samuel Alito and Brett Kavanaugh have been the site of such activity. Alito and Kavanaugh were part of the majority opinion overturning Roe on June 24.

Last month, a man was arrested outside Kavanaugh’s home with a gun. Nicholas Roske, 26, allegedly told authorities he intended to kill the justice. Roske has pleaded not guilty to one count of attempting to kill a justice of the United States.

Curley in her letters pointed to a Maryland law which states a “person may not intentionally assemble with another in a manner that disrupts a person’s right to tranquility in the person’s home.” The law provides imprisonment for up to 90 days or a $100 fine.

Curley also cited a Montgomery County law that states a “person or group of persons must not picket in front of or adjacent to any private residence.”

As the Supreme Court marshal, Curley oversees security and the court's police force.

Hogan and Elrich’s offices did not immediately respond to a request for comment by ABC News.

Curley noted that Hogan previously said he was “deeply concerned” when hundreds of people gathered to protest at the justices’ homes. In mid-May, Hogan joined fellow Republican governor, Virginia's Glenn Youngkin, in urging U.S. Attorney General Merrick Garland to enforce a federal law that forbids demonstrations intended to sway judges on pending cases. In Virginia, the home of Justice Amy Coney Barrett has also been a target of protesters.

Elrich previously told ABC affiliate WCTI that he wished the protests were done somewhere else. "If everybody's going to protest everybody who does something at their houses, we're going to have a very hard time maintaining civil society," he said, as Curley noted in her letter.

Security has been tightened for the justices and their families since the draft abortion ruling was leaked on May 2, and the protests have been the topic of legal debate as protesters argue they are exercising their First Amendment rights.

Curley is also investigating the leak of the draft opinion. Little details have been provided about the probe, but it will likely look at the document’s paper trail, as draft opinions are not widely accessible.

The high court just ended a dramatic and divisive term, ruling on hot-button topics like abortion, gun rights, religious liberty and environmental regulation.

The justices will reconvene in October for a term that will include cases on election laws, free speech and consideration of race in college admissions processes.

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Kamala Harris to speak at Essence Festival, expected to discuss Roe overturn

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(WASHINGTON) -- Vice President Kamala Harris will travel to New Orleans on Saturday to take part in the Essence Festival of Culture.

According to White House officials, Harris will speak in "a fireside conversation with Emmy-winning actress and leading millennial voice Keke Palmer, where the Vice President will speak to the most critical issues facing Black women, including the implications of the Supreme Court's decision on [Roe v. Wade]."

"This will be the largest audience the Vice President has addressed since the Court's decision last Friday," the officials said.

The Supreme Court on June 24 overturned the landmark ruling that legalized abortion access nationwide for the past five decades.

Harris responded to the repeal of Roe that day, stating it was "the first time in the history of our nation that a constitutional right has been taken from the people of America."

"This is a health care crisis, because understand, millions of women in America will go to bed tonight without access to the health care and reproductive care that they had this morning; without access to the same healthcare or reproductive healthcare that their mothers and grandmothers had for 50 years," she said during a visit to Plainfield, Illinois.

Harris also said the decision could impact other privacy rights, including precedent on contraception and same-sex marriage.

"The great aspiration of our nation has been to expand freedom, but the expansion of freedom clearly is not inevitable," the vice president said.

The Biden administration has taken some steps to protect access to care. The Justice Department said it will protect women traveling across state lines for abortion services and Health and Human Services is working to ensure access to federally-approved medication such as contraception and the abortion pill mifepristone.

President Joe Biden met with Democratic governors on Friday to discuss additional efforts to safeguard reproductive care and women's rights.

But the president has said it's up to Congress to make Roe federal law, and without a carveout to the Senate filibuster it's unlikely any attempt to do so by Democrats will fail.

Democratic leaders have also said it's up to voters to elect more representatives who support abortion rights.

"You have the power to elect leaders who will defend and protect your rights," Harris said last week.

The Essence Festival of Culture kicked off on Thursday and will run through Sunday, featuring performances by Kevin Hart, Nicki Minak, Janet Jackson and more.

Harris, the first female and Black vice president, last spoke at the festival in 2019, when she was running for the Democratic nomination for president.

While in New Orleans, Harris will also meet privately with leaders of reproductive justice organizations.

ABC News' Molly Nagle contributed to this report.

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Military struggling to find new troops as fewer young Americans willing or able to serve

U.S. Army Reserve

(WASHINGTON) -- The U.S. military has a recruiting problem, with a former senior military official telling ABC News the viability of the all-volunteer force could be at stake.

Pentagon data show a simple, troubling trend: Fewer and fewer young Americans want to serve, and due to obesity and other problems, fewer are qualified.

The Defense Department's top personnel and readiness leader blamed the nation's competitive job market as a major contributor while testifying on Capitol Hill in late April.

"The Department is in fierce competition for skilled, relevant and innovative talent. The labor market, exacerbated by the effects of the pandemic and the military-civilian divide creates a challenging recruiting environment," Gilbert Cisneros told senators at an Armed Services subcommittee hearing.

A former senior military official told ABC News that today's recruiters face a great challenge in pitching the benefits of enlisting to young people, with private companies using impressive incentives to entice prospects.

"Many of the things that we used to offer, like the GI Bill, are offered by private industry today. So they're no longer a benefit," the former senior official said.

Even the Marine Corps, which does not usually struggle to find recruits, is under pressure to meet its goals.

"We made mission last year; however, FY22 has proved to be arguably the most challenging year in recruiting history," Marine Lt. Gen. David Ottingnon said in written testimony before joining Cisneros at the Senate hearing in April. "In addition to COVID-19, the growing disconnect and declining favorable view between the U.S. population and traditional institutions, labor shortages, high inflation, and a population of youth who do not see the value of military service also continue to strain recruiting efforts and place the Marine Corps’ accession mission at risk."

Only 9% of young people now show a propensity to serve, according to Defense Department polling data shared with ABC News. It's the lowest number seen in 15 years.

Top reasons cited for not wanting to join are the possibility of injury or death, and fear of developing PTSD or other psychological problems.

But the pool of young people who meet the basic standards to enlist in the military is also shrinking.

Only 23% of Americans aged 17 to 24 are eligible to join without being granted a waiver. This is down from 29% in recent years, according to Pentagon data. Obesity and drug use are common disqualifying factors.

The former senior official, who maintains contact with active-duty leaders, said the poor shape of some incoming troops has led the Army to stop trying to have them run within the first two weeks of basic training.

"They have to teach them how to run, and they've had issues with bone density to the point that, when they do run them, they've ended up breaking a leg or worse, a hip," the former official said. "I've even heard in some cases they're putting them on diets of Ensure -- you know, the stuff for old [people] like me -- in order to build that bone density."

A second former senior military official told ABC News the problem is worse than the general public realizes.

"To the average civilian who's not knowledgeable about the situation, they think there are all kinds of kids around. Yeah, but you can't bring them in the Army if they're obese, if they've got a history of drug abuse, all these other things. So it's a much smaller population," the second former official said.

The Army slightly exceeded its enlisted active-duty recruiting goal for FY21, but has so far only met about 40% of its goal for FY22, which ends in three months.

The last few months of the fiscal quarter is usually when the Army gets most of its recruits for the year, because that's when high school graduation occurs, but an Army official acknowledged that "this is an unprecedented year." The Army is clearly behind where it would like to be.

In an attempt to expand its base of applicants, the Army this week advertised that it was "offering limited eligibility for applicants who do not have a GED or High School diploma to enlist in the Regular Army."

The Army said the opportunity was not new, and that some people without diplomas or GEDs have been able to enlist in the past, "just on a very limited basis." Prospective recruits without the standard educational credentials would have had to score at least a 50 on the Armed Services Vocational Aptitude Battery, which indicates scoring in the 50th percentile.

While the opportunity was not new, it was not something actively advertised by the Army until this week.

The second former senior military official spoke of the importance diplomas held at the time they served.

"If they had graduated from high school it meant that they had started something and had finished it. And they were far more likely to succeed in the Army because of that discipline," the former official said.

On Thursday, the announcement welcoming qualifying non-graduates was removed from the Army Recruiting Command's website. Two Army officials confirmed to ABC News that the service is halting the initiative to reassess its merits.

"The Army has currently paused its efforts to take some time to ensure that this option sets recruits up for success in their Army career," one Army official with close knowledge of the decision said.

"The authorities exist, but at this stage we're not bringing them in," another Army official said. This official said it's possible Army leaders will later decide to proceed with enlisting a small group of qualifying non-graduates to see if doing so would be viable at a larger scale.

Neither official could say how many non-graduates have been able to enlist through waivers in years past.

The first former senior defense official painted a grim picture for the military as a whole.

"I have a real concern of the viability of the all-volunteer force, I really do. I don't see anything changing that's going to right this ship right now. Albeit there are a lot of good people trying to do everything they can, there are a lot of issues out there that have to be fixed," the former official said.

It would help to empower recruiters with more incentive tools, though that would mean more funding for things like enlistment bonuses and higher pay likely coming at the expense of other important military projects, according to the former official.

Cisneros told senators that a 4.6% military pay raise included in the FY23 defense budget will help, adding that he is working closely with the services to "leverage all authorities, resources and tools" to address recruiting challenges.

The second former senior military official said the recruiting problem is a sign of wider societal problems.

"It's a reflection on our country. It is our country, and those recruiters see those problems firsthand every day," the former official said.

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Democratic governors urge Biden to use federal facilities for abortion care

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(WASHINGTON) -- President Joe Biden on Friday met virtually with Democratic governors to talk reproductive health care amid some party disappointment over the administration's response to the overturning of Roe v. Wade.

New York's Kathy Hochul provided a list to Biden of potential actions, including additional funding for family planning services more broadly so that providers can focus private dollars for abortion services.

Hochul also asked Biden to give more consideration to his ability to "use federal facilities" for abortion care -- a move the White House has said would have "dangerous ramifications."

"What am I talking about? Veterans hospitals, military bases and other places where the federal government controls the jurisdiction in some of the states that are hostile to women's rights, and make sure that those services can be available to other women," Hochul suggested.

New Mexico's Lujan Grisham said she agreed "wholeheartedly" with Hochul's assessment that there are more federal opportunities to protect women's access to care, and suggested Indian Health Service clinic and sovereign tribal nations could be another avenue for Biden to pursue.

The president on Friday again decried the Supreme Court's decision ending 50 years of abortion rights as "terrible."

"I share the public outrage at this extremist court that's committed to moving America backwards with fewer rights, less autonomy," he said as he spoke with state leaders from the White House's South Court Auditorium.

Biden also touted some steps he's taken in the aftermath of the Roe decision, such as instructing the Justice Department to protect women traveling out-of-state for care and Health and Human Services to ensure access to federally-approved medication such as contraception and the abortion pill mifepristone.

But some Democrats say the administration should have been better prepared for Roe's fall, given the decision released by the high court on June 24 was leaked in early May.

Washington Sen. Patty Murray expressed frustration that the Biden team wasn't ready, telling ABC News on Monday that Biden should do "absolutely everything in his power to protect access to abortion in America."

Other governors in attendance for the virtual roundtable were New Mexico's Michelle Lujan Grisham, Connecticut's Ned Lamont, Colorado's Jared Polis, Illinois' J.B. Pritzker, Washington's Jay Insee, Oregon's Kate Brown and Rhode Island's Daniel McKee.

Their states have moved to protect women's access to reproductive health care before and after the high court's decision.

In Connecticut, Gov. Lamont signed a new law strengthening abortion rights. The law, which also includes protections for medical providers and patients traveling from out of state seeking abortion, went into effect today.

Hochul has instructed the state legislature to add equal rights to the agenda of their special, stating that after today lawmakers will be a step closer to enshrining abortion rights in the state constitution.

"The rights of millions of women across this country are now falling on the shoulders of just a handful of states," Hochul said.

In addition to urging more action from Biden, some of the governors in attendance also called on Congress to make Roe federal law by passing the Women's Health Protection Act.

The president yesterday called for a carveout in the Senate filibuster to codify Roe, but acknowledged on Friday that he didn't have the votes.

Sen. Kyrsten Sinema, D-Ariz., view of the filibuster remains "unchanged," her spokesperson told ABC News. Fellow moderate Joe Manchin, D-W.Va., is also unlikely to support changes to the rule, telling reporters he wants to see a bipartisan solution.

Biden said Friday the American people need to elect more Democrats to the House and Senate to "get this bill to my desk."

Biden predicted that a Republican-controlled Congress would try to pass a total ban on abortion.

"So the choice is clear: We either elect federal senators and representatives who will codify Roe, or Republicans who will elect the House and Senate will try to ban abortions nationwide," Biden said.

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New National Suicide Prevention Lifeline number needs more state-level commitment: Becerra

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(WASHINGTON) -- Health and Human Services Secretary Xavier Becerra told reporters Friday that the upcoming launch of the National Suicide Prevention Lifeline's new three-digit number, 988, on July 16, "will work, if the states are committed to it."

The new number, which advocates envision as the mental health equivalent to 911, Becerra said, "Won't work well, if they're not [committed]."

The Lifeline has been in operation using a 10-digit number since 2005. In the years since, the service has received more than 20 million calls from people experiencing mental distress.

With the launch of the new number, the Substance Abuse and Mental Health Services Administration (a division of HHS) expects a dramatic increase in the call volume for the Lifeline over the first year of 988's implementation.

The Lifeline has been underfunded and understaffed since its establishment. Despite an influx of federal funding from the Biden administration, states across the nation are still struggling to develop the infrastructure required to ensure all calls are answered.

As the launch of the new number approaches, Becerra says, "Failure is not an option."

The hope for the new number, Becerra says, is, "If you are willing to turn to someone in your moment of crisis, 988 will be there. 988 won't be a busy signal and 988 won't put you on hold."

"You will get help," he said. "That is the goal. That is the aspiration. And it doesn't happen overnight."

The Lifeline network consists of more than 200 call centers nationwide, which are funded largely at the state level. When Congress first designated 988 as the new Lifeline number in 2020, it gave states the authority to levy cell phone fees, similar to those in place for 911, to fund the service.

Only four states have implemented such taxes as of June 29, according to an analysis of state legislation around 988 from the National Academy for State Health Policy. Several other states have allocated general appropriations funding to assist with the launch of the new number.

Due to inconsistencies in funding at the state level, response rates also vary across state lines -- a problem SAMHSA and HHS say they have been working to address ahead of the new number's launch.

"There's no reason, no excuse that a person in one state can get a good response and a person in another state gets a busy signal," Becerra said.

The federal government previously allocated $105 million in funding to assist states and territories in preparing for the launch of the new number. An additional $177 million went toward funding the national backup centers that field calls unable to be answered at the local level.

Congress also recently authorized an additional $150 million for the Lifeline during Fiscal Year 2022 as part of the Bipartisan Safer Communities Act — a legislative package focused on combating gun violence.

"President Biden has made it very clear" that mental health services are a "top priority," Becerra said, but added it is incumbent on states to stand this system up long-term.

Asked by ABC News about efforts to increase workforce capacity to meet the expected jump in call volume and a timeline for a consistent answer rate across state lines, Becerra said, "We went in big early to make it work."

"We need the states," he continued. "We are essentially helping the states learn to crawl, walk and run."

Dr. John Palmieri, acting director of 988 and Behavioral Health Crisis at SAMHSA, added, "States are in different places on this."

SAMHSA has set "aspirational targets," Palmieri said, of a 90% in-state response rate by 2023, "understanding that it's going to take time to get there."

While the national backup centers can take calls that local centers can't answer, advocates say a local response is ideal as it allows callers to be given follow-up resources near them after a mental health crisis.

"It's really important for us that when you call, you get someone who is near you," Becerra said.

In an effort to encourage states to bolster their own funding and workforce commitments for the Lifeline, HHS and SAMHSA have been sending letters to governors for the last few months with their call answer rates.

"We wanted to make sure they knew what they were doing," Becerra said, adding, "No governor is unaware of where their state stands."

Long term, he said, "I hope [988] does become the place that people can go to be rescued."

If you are struggling with thoughts of suicide or worried about a friend or loved one, help is available. Call the National Suicide Prevention Lifeline at 1-800-273-8255 [TALK] for free, confidential emotional support 24 hours a day, 7 days a week.

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Biden to award Medal of Freedom to McCain, Biles and more

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(WASHINGTON) -- The White House on Friday announced the next list of recipients of the Presidential Medal of Freedom.

Olympic gymnast Simone Biles, gun control advocate Gabrielle Giffords and actor Denzel Washington are among the 17 individuals chosen to receive the nation's highest civilian honor. The ceremony will take place at the White House on Thursday, July 7.

Late Sen. John McCain, a Purple Heart recipient who represented the state of Arizona in Congress for decades before succumbing to glioblastoma in 2018, will be awarded the honor posthumously.

Biden and McCain's friendship dated back to the 1970s, and the two worked together on a number of issues during their time in the Senate. In 2018, Biden delivered a moving eulogy at McCain's memorial service, stating "we will not see his like again."

Apple co-founder Steve Jobs and former AFL-CIO president Richard Trumka also will receive posthumous awards.

President Joe Biden will be the first president to award the medals after already receiving one himself. Former President Barack Obama presented the medal to Biden in 2017, who was then serving as vice president.

"This honor is not only well beyond what I deserve, but it's a reflection of the generosity of your spirit," an emotional Biden told Obama during the ceremony. "I don't deserve this. But I know it came from the president's heart."

The Presidential Medal of Freedom is awarded to people who have "made especially meritorious contributions to the security or national interests of the United States, to world peace, or to cultural or other significant public or private endeavors."

"These seventeen Americans demonstrate the power of possibilities and embody the soul of the nation – hard work, perseverance, and faith," the White House said. "They have overcome significant obstacles to achieve impressive accomplishments in the arts and sciences, dedicated their lives to advocating for the most vulnerable among us, and acted with bravery to drive change in their communities – and across the world – while blazing trails for generations to come."

Here's a list of the other 11 Medal of Freedom recipients:

Sister Simone Campbell - Campbell is a member of Sisters of Social Service, and a prominent advocate for economic justice, immigration reform, and healthcare policy.

Dr. Julieta García - García was the first Hispanic woman to serve as a college president, having served in the top position at The University of Texas at Brownsville.

Fred Gray - Gray was one of the first Black members of the Alabama State legislature since Reconstruction, and a distinguished civil rights attorney whose clients included Rosa Parks and Dr. Martin Luther King Jr.

Father Alexander Karloutsos - Karloutsos is a former Vicar General of the Greek Orthodox Archdiocese of America, and as a priest provided counsel to several U.S. presidents

Khizr Khan - a Pakistani immigrant whose son was killed while serving in the U.S. Army, Khan served on the United States Commission on International Religious Freedom under Biden.

Sandra Lindsay - Lindsay, a New York critical care nurse, was the first American to receive the COVID-19 vaccine.

Diane Nash - a founder of the Student Nonviolent Coordinating Committee, Nash worked closely with King and other civil rights leaders.

Megan Rapinoe - a World Champion and Olympic soccer star, Rapinoe is also an advocate for gender pay equality, racial justice, and LGBTQI+ rights.

Alan Simpson - Simpson has served in the U.S. Senate for nearly two decades, leading on issues such as campaign finance reform and marriage equality.

Wilma Vaught - Vaught is one of the most decorated women in U.S. military history.

Raúl Yzaguirre - Yzaguirre is a civil rights advocate who served as CEO and president of National Council of La Raza for 30 years, and was once the U.S. Ambassador to the Dominican Republic.

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Sinema opposes Biden's call for filibuster exception to pass abortion rights

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(WASHINGTON) -- Arizona Democratic Sen. Kyrsten Sinema remains committed to upholding the Senate filibuster, a spokesperson said Friday, a day after President Joe Biden said he would support making an exception to codify abortion rights in federal law.

"Senator Sinema's position on the filibuster has not changed," the spokesperson told ABC News.

While West Virginia Democratic Sen. Joe Manchin hasn't weighed in specifically after Biden's call, all signs are that he, too, remains opposed to such a carveout. Without the support of both Democrats, a change to the Senate rules is likely not possible.

Biden is under pressure to act on reproductive rights after the Supreme Court last Friday overturned Roe v. Wade, the landmark decision legalizing abortion access nationwide for the past five decades.

Biden on Thursday called the high court's behavior "outrageous," stating he supported an exception to the Senate's 60-vote threshold to protect abortion rights.

"We have to codify Roe v. Wade in the law," he said. "And the way to do that is to make sure Congress votes to do that. And if the filibuster gets in the way it's like voting rights, it should be we provide an exception for this, except the required exception to the filibuster for this action to deal with the Supreme Court decision."

Biden earlier this year voiced support for a filibuster carveout to pass voting rights legislation, but that too faced opposition from Manchin and Sinema.

The administration has announced several steps aimed at safeguarding existing protections for women, such as protecting access for medication abortion and ensuring that pregnant patients can get emergency medical care. Earlier this week, Health Secretary Xavier Becerra said every option is being explored with top legal advisers.

But Biden's acknowledged that such executive action can only go so far, stating it is ultimately up to Congress to enshrine abortion rights at the federal level.

House Speaker Nancy Pelosi, D-Calif., on Friday said "Democrats are fighting ferociously to enshrine Roe v Wade into law."

But the party's options remain extremely limited, so long as the Senate filibuster is intact.

When asked about Biden's call for filibuster carveout, Sinema's office referred ABC News to the op-ed the senator wrote last summer and her statement following the leaked Dobbs decision earlier this year. In both statements, Sinema affirmed her belief that the filibuster has been used to protect women's rights.

"Protections in the Senate safeguarding against the erosion of women's access to health care have been used half-a-dozen times in the past ten years, and are more important now than ever," she said in the previous statement.

Manchin said last week, following the Supreme Court decision, that he was hopeful for a bipartisan solution.

When the draft abortion decision leaked in May, Manchin told reporters "the filibuster is the only protection of democracy."

ABC News' Allison Pecorin and Libby Cathey contributed to this report.

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How feasible are Republicans' 'pro-family' plans in wake of new abortion restrictions?

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(WASHINGTON) -- Republican lawmakers are proposing what they call "pro-family" platforms following the Supreme Court's scrapping of the constitutional protections around abortion to try to help people who, in some states, could now be forced to carry a pregnancy to term.

Florida Sen. Marco Rubio put out a sprawling framework last week, while Sens. Steve Daines of Montana, Mitt Romney of Utah and Richard Burr of North Carolina put out their own proposal pushing for a monthly cash stipend for working families pulled from other tax benefits.

Specific states have also touched on new or forthcoming tools for new parents, such as a website to connect moms with resources that South Dakota's Republican Gov. Kristi Noem discussed on ABC's This Week.

Yet implementing these small handful of new plans, which would institute policies that would be novel in some states, could prove easier said than done, critics and experts say -- raising concerns over the resources that will be available for new parents in the 12 states and counting without access to abortion.

"This ruling and the result that people are going to be forced to have unplanned pregnancies and care for children that they weren't planning for … means that people are going to be suffering economic consequences," Amy Matsui, the director of income security and senior counsel at the National Women's Law Center, told ABC News. "These plans nod to that fact, but don't actually do anything to address it in a meaningful way."

Among the top concern cited is a historic lack of investment in social safety net programs by states that are restricting or outlawing abortion.

An amicus brief filed by pro-abortion rights groups in the Supreme Court case that overturned constitutional abortion protections showed that 14 states with the most restrictive laws also demonstrated poor maternal and child health outcomes, including early need for prenatal care, low infant birthweight and infant mortality.

And while some early proposals appear intended to combat precisely those scenarios, experts warn that those trends indicate some states are on poor footing to implement any substantial solutions.

"When you look at the overlay, the states that have restricted or banned abortion are the same states that have not invested in their safety nets. They do not have the same kinds of supports for low-income families, for pregnant people, for health care, for child care, for supporting workers or for education that states that generally support abortion rights do," said Elizabeth Nash, a state policy analyst at the pro-abortion rights Guttmacher Institute.

"So basically, they are not providing the health care that people need or the supports that they need," Nash said. "And now, sort of as an afterthought and because of public outcry, they're saying, 'OK, well, let's pull together sort of a quick package.'"

To be sure, Republicans insist their plans are feasible, casting them as prudent proposals.

"For the past 50 years, our country built a massive, pro-abortion commercial infrastructure. There are commonsense, bipartisan steps we can take to support American families and protect life, instead of ending it," Rubio said in a statement.

"This will be a big boost for parents and families that won't increase the debt and will make federal policy work better for families across the nation -- I hope to see all my colleagues get behind this plan," Daines added.

But digging deeper, some experts expressed concern about the plans' specific planks, warning that they would force pregnant people to make difficult choices.

Rubio's plan, for instance, would allow new parents to invest in paid parental leave by pulling forward up to three months of their future Social Security benefits.

And in the proposal from Daines, Romney and Burr, the monthly cash benefit for working families is paid for by "consolidating the family portion of the [earned income tax credit] to not vary depending on the number of dependents" and eliminating the head of household filing status and child portion of the child and dependent care credit.

"That is great, and continuing to have an expanded child tax credit is important for the well-being of families and children," Matsui said of a monthly cash benefit. "But to fund it by taking away the head of household filing status or restricting the EITC or taking away the child portion of the child and dependent care tax credit is basically robbing Peter to pay Paul."

"Another example is the purported parental leave provision that is in Sen. Rubio's package. It offers new parents the opportunity to borrow against their future Social Security benefits," she added. "They need it now and they need it later. And we're asking them to bear the cost rather than provide new and additional supports. It really is just kind of a shifting shell game."

Rubio's plan also offers expanded tax relief for adoptive parents, though activists said that does little to help someone during a pregnancy. The plan also includes a provision to "expand access to social services by lowering barriers to faith-based organizations' participation," but the experts who spoke with ABC News warned of past discriminatory language by such groups, particularly against the LGBTQ community.

"That is just completely inappropriate," Nash said.

Experts did not disagree with every aspect of the plans. For instance, Nash called Rubio's provision to boost the Special Supplemental Nutrition Program for Women, Infants, and Children (also known as WIC) and to extend the postpartum benefit eligibility period from one to two years "helpful."

But overall, experts and critics spoke on the recently proposed plans with skepticism, chiefly over how novel their proposals are in some of the most impacted states.

"I think that even a really great plan, which I don't think either of these are, even a really great plan that isn't tested is a bad idea," said Susan Polan, associate executive director of public affairs and advocacy at the American Public Health Association. "We can't piecemeal it together and build the plane as we're flying it."

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Hutchinson's testimony raises fresh questions about Secret Service's handling of Jan. 6

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(WASHINGTON) -- A former White House aide's stunning testimony before the House panel investigating the Capitol attack indicated that the U.S. Secret Service may have had advanced warning of the potential for violence at the Capitol, raising new questions about the agency's planning ahead of the riot and actions taken by agents on Jan. 6.

Cassidy Hutchinson, a top deputy to then-White House Chief of Staff Mark Meadows, told lawmakers on Tuesday that the security team guarding then-President Donald Trump and senior White House officials were aware there was a serious threat posed by some descending on Washington, D.C., on Jan. 6, when Trump was planning to address a rally to support his baseless accusations that the 2020 presidential election was stolen from him.

In Hutchinson's telling, the agency famous for its teams of bodyguards, sharpshooters and hyper-skilled drivers was aware that among the throngs headed to Washington were some who were planning to carry a variety of weapons and military gear, and were seeking to target members of Congress and breach the Capitol building.

If so, the Secret Service apparently failed to coordinate effectively with law enforcement partners, the public, or congressional leaders to strengthen the security posture -- and instead ferried a number of people under their protection to the Capitol complex with little more than their personal security details.

The Secret Service declined to answer questions from ABC News.

If true, the lapse in security -- laid out on national television during a committee session Tuesday -- represents perhaps the most glaring evidence to date that the Secret Service, responsible for guarding key political figures and their families, failed at its most basic responsibilities in how it dealt with Trump's rally and the meetings of the House and Senate on Jan. 6, according to John Cohen, a former ranking Department of Homeland Security official who is now an ABC News contributor.

"It appears that senior officials at the White House were not only aware of plans to march on the U.S. Capitol, but also appeared to be planning for the president to join," Cohen said, citing another of Hutchinson's allegations. "This testimony raises highly disconcerting questions about what the Secret Service knew about this event and why more wasn't done to prepare."

Notoriously tight-lipped about their job and how they do it, the Secret Service is under renewed focus this week after Hutchison, 26, alleged shocking new details about the president's interactions with his security agents on Jan. 6 and how they were so concerned about possible violence at the Capitol that they refused Trump's directive to drive him there.

"The president said something to the effect of, 'I'm the effing president, take me up to the Capitol now' -- to which Bobby [Engel, the head of Trump's security detail], responded, 'Sir, we have to go back to the West Wing,'" Hutchinson testified she was told by Tony Ornato, a senior Secret Service official who was at the time White House deputy chief of staff for operations.

Trump, responding to Hutchinson's testimony, said, "I hardly know who this person, Cassidy Hutchinson, is, other than I heard very negative things about her (a total phony and 'leaker')."

Hutchinson also testified that in the days leading up to Jan. 6, Meadows at one point said, "Things might get real, real bad on Jan. 6."

And on the morning of Trump's planned speech at the Ellipse, just south of the White House grounds, Hutchinson said, Trump was made aware of individuals with weapons seeking to attend his rally and that many of them declined to pass through security checkpoints because they would have needed to surrender their weapons. Frustrated that those requirements were suppressing the size of the crowd, Trump suggested that the metal detectors be removed, Hutchinson testified.

Cohen said that, as concerned as he was about those developments, he was most troubled by the picture Hutchinson's testimony painted of possible failures on the part of the Secret Service, an agency Cohen has worked closely with since it was folded in to DHS after the 9/11 terror attacks.

"Hutchinson's testimony raises serious questions regarding security planning by the Secret Service on Jan 6. that will need to be answered," Cohen said. "Did the Service leadership have advanced notice of the planned march on the Capitol? Did they have advanced notice of the president's intent to join the crowd?"

Hutchinson said that Ornato, whom she described as "the conduit for security protocol between White House staff and the United States Secret Service," was aware of possible violence planned for Jan. 6 in the preceding days -- and alerted Meadows and Trump on the morning of Jan. 6.

Even with this information allegedly circulating among senior White House staff, the Secret Service ferried at least three of its protectees to travel to the Capitol -- Vice President Mike Pence, Second Lady Karen Pence, and incoming Vice President Kamala Harris, who was still a senator from California -- without supplementing their details with additional agents or coordinating with other agencies to shore up protection.

Ornato, a longtime Secret Service employee, currently serves as a senior official in the agency's training branch. The Jan. 6 committee has expressed interest in interviewing him, and the Secret Service has said he is available to testify under oath, but did not provide further details.

Law enforcement officials have broadly characterized Jan. 6 as an intelligence failure, claiming that Washington's myriad of law enforcement agencies did not fully grasp the threat landscape -- despite warnings that appeared on social media in the weeks leading up the rally.

Secret Service officials have also said that local officials did not ask DHS to establish a special national security designation for the Jan. 6 sessions of Congress, so their hands were tied -- though Cohen said DHS and the Secret Service don't have to wait for local officials to reach out if they are aware of active threats.

Hutchinson's testimony indicated that the Secret Service either had advanced warning of the threats and failed to notify others and formulate an appropriate response plan -- or they were misled by White House officials who had a clearer understanding of the potential for violence and neglected to alert the appropriate agencies, Cohen said.

"These security lapses may not have been a result of incompetence, but instead due to deliberate actions taken by senior White House officials," Cohen said. "If this information was not provided to the Secret Service, or if it was and the Secret Service failed to expand security operations, that would be highly disconcerting."

Don Mihalek, a former senior Secret Service agent who is now an ABC News contributor, said the "interplay of information" among senior White House staff and protective agents about possible threats happens regularly -- but that agents are limited in how they can implement plans if senior officials fail to heed warnings or cooperate with them.

Mihalek said he believes the breakdown in communication between agencies handicapped the Secret Service's planning and response as protesters marched on the Capitol building. He defended agents' decision to allow Pence, his wife, and Harris travel freely to the Capitol, despite possibly knowing the risk in advance.

"Nobody has a crystal ball," Mihalek said. "There's always a threat environment, and the Secret Service's job is to mitigate threats as much as possible -- and they don't have the authority to override a protectee's movement, outside of citing a credible and specific threat."

In the wake of her appearance on Capitol Hill, Hutchinson has faced a deluge of criticism from Trump associates and supporters who have questioned her credibility. Republican Rep. Liz Cheney told "This Week" co-anchor Jonathan Karl in an exclusive interview that she has full faith and confidence in Hutchinson's word.

"I am absolutely confident in her testimony," Cheney told Karl in a wide-ranging interview set to air in full on ABC's "This Week with George Stephanopoulos" this Sunday. "The Committee is not going to stand by and watch her character be assassinated by anonymous sources, and by men who are claiming executive privilege."

Copyright © 2022, ABC Audio. All rights reserved.


Supreme Court to hear redistricting case that could upend state election laws everywhere

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(WASHINGTON) - The Supreme Court announced Thursday it will hear a case this fall that could upend state election laws across the country.

Moore v. Harper focuses on a new North Carolina voting map created by court-appointed experts after earlier maps proposed by the Republican-led state legislature were struck down.

The North Carolina Supreme Court in February ruled that the maps offered by the state general assembly were partisan gerrymanders, violating free speech, free assembly and equal protection provisions of the state constitution.

But the state legislature appealed that decision to the U.S. Supreme Court, which has agreed to take up the issue of redistricting and possibly restore the Republican-drawn map.

Central to the petitioners' argument is the so-called "inde­pend­ent state legis­lature" theory -- a fringe legal concept pushed by a small group of conservative advocates that would give state legislatures broad authority to run federal elections without the traditional oversight from a state constitution or judiciary, whom these advocates argue have no right to intrude on elected representatives.

Observers say there could be major ramifications from the Supreme Court's eventual decision.

"This has the potential to change the rules of the game in far-reaching ways in time for the next presidential election," ABC News Political Director Rick Klein said. "Depending on how far the Supreme Court goes, it could virtually invite Republican-controlled legislatures to rewrite centuries-old laws ensuring that the candidate who gets the most votes in a state gets its electoral votes -- and it even could free legislatures to pick electors on their own."

"It could wind up making it far easier for a future state legislature to actually do what Trump allies so desperately wanted done in the messy aftermath of the 2020 election," Klein added.

The "inde­pend­ent state legis­lature" theory argues that under the U.S. Constitution's Elections Clause and Electors Clause, state legislators can determine how elections are conducted without checks and balances from the other governmental actors such as state constitutions, courts or gubernatorial vetoes.

The Elec­tions Clause reads, "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [choosing] Senators."

The Elect­ors Clause states that "each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

The Electors Clause was central to the unsuccessful plot by former President Donald Trump and his allies to use "fake electors" to overturn his 2020 loss to President Joe Biden.

Thomas Wolf, deputy director with the Brennan Center's Democracy Program, said the theory contradicts the intent of the Constitution's framers.

"It's contrary to 200-plus years of practice, the way we actually run elections, and it's contrary to over a century's worth of Supreme Court precedent," Wolf told ABC News. "It's also just disastrous as a policy matter."

Wolf warned that the argument, if accepted by the high court, could lead to the elimination of protections against discrimination for voting and strip election administrators of their ability to efficiently run and regulate elections.

The North Carolina Supreme Court said back in February that the theory would "produce absurd and dangerous consequences."

North Carolina House Speaker Tim Moore celebrated the U.S. Supreme Court's decision to take up the case, stating on Thursday that he was "confident" the justices would agree with their view that the U.S. Constitution "explicitly gives the General Assembly authority to draw districts."

"This case is not only critical to election integrity in North Carolina, but has implications for the security of elections nationwide," Moore argued.

The Supreme Court first confronted the case in March, when North Carolina's state legislature sought emergency relief. The justices ultimately denied that request, but three conservative on the bench said they would have granted a stay of the North Carolina Supreme Court's order.

"This case presents an exceptionally important and recurring question of constitutional law, namely, the extent of a state court's authority to reject rules adopted by a state legislature for use in conducting federal elections," Justice Samuel Alito wrote in the dissent. He was joined by Justices Clarence Thomas and Neil Gorsuch.

Helen White, counsel at the nonpartisan group Protect Democracy, in a press call Thursday noted the Supreme Court ruled on the matter of partisan gerrymandering just three years ago.

In Rucho v. Common Cause, the court said while it wouldn't step in to police partisan gerrymandering, state courts and constitutions were a means of regulating gerrymandering in congressional elections.

White said if the court were now to adopt the "independent state legislature" theory, it would be a "radical pivot from what they themselves have said about the issues in this case."

Moore v. Harper will be argued before the nine justices in the term beginning this October, with a decision handed down in time for the 2024 campaign.

ABC News' Devin Dwyer contributed to this report.

Copyright © 2022, ABC Audio. All rights reserved.


GOP's Ted Cruz feuds with Elmo over kids getting COVID-19 vaccines

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(WASHINGTON) -- Republican Sen. Ted Cruz of Texas took aim at Sesame Street's "Elmo" after the popular children's show puppet promoted COVID-19 vaccines for children on Twitter.

A minute-long clip posted on the show's Twitter page showed Elmo speaking with his loving TV puppet dad, Louie, about feeling "a little pinch" when got a shot. Louie then says he had questions about Elmo getting the vaccine, which he took to Elmo's pediatrician.

"I learned that Elmo getting vaccinated is the best way to keep himself, our friends, neighbors, and everyone else healthy and enjoying the things they love," Louie said.

"Elmo" retweeted the original tweet from the Sesame Street page, echoing that his vaccination will benefit his loved ones.

But the puppet's message didn't sit well with the junior senator from Texas.

Cruz took to Twitter where he said Elmo "aggressively" advocates for vaccinating young children without citing scientific evidence.

The senator's tweet linked to a June press release in which Cruz announced he and 17 fellow members of Congress called on the Food and Drug Administration to answer 19 questions about the COVID-19 vaccine for kids.

"Why has the FDA recently lowered the efficacy bar for COVID vaccines for youngest children?" one question asks.

While the Sesame Street video with Elmo and Louie does not directly offer scientific evidence for the COVID-19 children's vaccine, a voice promotes asking questions about the vaccine and directs viewers to GetVaccineAnswers.org at the end of the video.

"Thanks, @sesamestreet for saying parents are allowed to have questions!" Cruz wrote, in an apparent flippant reaction.

The website mentioned in the Sesame Street video offers that research and clinical trials demonstrate the vaccine is safe and effective for children.

This is not the first time Cruz has gone after a Sesame Street character online.

In November, Elmo's fellow Sesame Street puppet, Big Bird, tweeted about getting the COVID-19 vaccine. At the time, Cruz called it "government propaganda."

Cruz's latest attack on a muppet comes less than two weeks after the Centers for Disease Control and Prevention approved the nationwide rollout of COVID-19 vaccines for children older than six months.

On Wednesday, the U.S. government bought 105 million COVID-19 shots from Pfizer for $3.2 billion with a late summer to fall delivery date.

Pfizer and Moderna produce the two vaccines approved for children under five years old.

Copyright © 2022, ABC Audio. All rights reserved.


Law enforcement frustration along border 'earned,' Mayorkas says

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(WASHINGTON) -- In the wake of the apparent worst human smuggling tragedy in U.S. history, and amid migrants crossing the border at record levels, frustration among border patrol agents and other law enforcement on the ground is "earned," Homeland Security Secretary Alejandro Mayorkas said.

"Our Border Patrol agents, you know, their morale is down. And I understand why," he told Fraternal Order of Police President Patrick Yoes on a podcast this week sponsored by FOP, one of the largest police unions in the country.

Migrants have been streaming across the border and getting taken into custody at record levels since the start of the year -- averaging well over 200,000 apprehensions a month.

Mayorkas touched on the catastrophe earlier this week on the outskirts of San Antonio, Texas, that left more than 50 migrants dead after being trapped in a broiling tractor-trailer -- saying it shows the danger of human smuggling organizations that charge desperate people to transport them across the border illegally.

"We have 50 people dead, some of whom are children. And that just exhibits the cruelty of the smuggling organizations and why we need an all of government and are executing an all of government attack against them," he said. "It's getting hotter. And the journeys that much more dangerous we got to that to break it up no doubt."

Two men have been charged by the Justice Department with human smuggling for their alleged role in transporting migrants who ultimately died near San Antonio.

Mayorkas has said DHS has been out front on combatting human smuggling operations, establishing a task force to aggressively combat cartel smuggling operations.

He also placed blame on other countries, saying they need to secure their borders and making the case the U.S. cannot be the first line of defense for border security. He said there's a need to limit how much time it takes to adjudicate the average asylum case, which he said now can take six to eight years under the current structure.

Along the border, he said there's been an increase in drugs being interdicted thanks to new non-invasive technology that is able to identify drugs through ports of entry.

Mayorkas also said he is "concerned" about funding streams for local law enforcement, and while directly not naming any cities, noted some have decreased their law enforcement budgets.

"We need to be resourced and local law enforcement needs to be resourced to match the level of crime that we're all encountering," he said. "We have a tough time recruiting personnel because law enforcement is under attack."

Mayorkas, a federal prosecutor before joining DHS, said he sees people "making bail" that wouldn't have otherwise made bail when he was at the Justice Department.

"An individual commits a crime with a firearm, that's a tough bail to make back in the day. And yet I you know, in speaking with police officers and deputy sheriffs in different parts of the country, I hear about people making bail pending trial. And I think that creates a danger," he said.

Mayorkas also touched on the root causes of recent mass shootings, including in Buffalo, New York, and Uvadle, Texas, and warning signs mass shooters might exhibit.

"I got to tell you that these narratives right spread so fast. Now, on social media, online platforms, you know, people are inspired by, you know, the massacre in New Zealand a number of years ago, and they learn of it on social media," he said. "Such a small percentage of people with mental health concerns actually, commit those violent acts. But those violent acts do so much damage in our country."

Copyright © 2022, ABC Audio. All rights reserved.


Biden backs exception to Senate filibuster rule to get abortion rights codified

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(WASHINGTON) -- President Joe Biden on Thursday blasted the Supreme Court decision to overturn Roe v. Wade and said he would support carving out an exception to the Senate filibuster rule to codify abortion rights and other privacy rights as well.

"One thing that has been destabilizing is the outrageous behavior of the Supreme Court of the United States and overruling not only Roe v. Wade, but essentially challenging the right to privacy," he said at a news conference in Madrid at the end of a NATO summit.

"We have to codify Roe v. Wade in the law," he said. "And the way to do that is to make sure Congress votes to do that. And if the filibuster gets in the way it's like voting rights, it should be we provide an exception for this, except the required exception to the filibuster for this action to deal with the Supreme Court decision."

Biden has previously said he would back a carveout for voting rights legislation, but Democrats lack the votes to support altering the rule, facing opposition from Sens. Joe Manchin and Kyrsten Sinema.

Still, some progressives applauded his position Thursday, with Rep. Alexandria Ocasio-Cortez, D-N.Y., tweeting in response, "Now we’re talking!"

"Time for people to see a real, forceful push for it. Use the bully pulpit. We need more," she wrote.

Ocasio-Cortez and other Democrats have called on the Biden administration to take stronger action to protect abortion access, such as declaring a public health emergency, authorizing procedures on federal lands, or enacting concrete ways to protect patients' personal health and location data -- actions the administration has, so far, declined to do.

Noting his evolution on the topic of abortion, one reporter asked Biden if he's the "best messenger" to lead the fight to codify Roe.

"Yeah, I am," he replied. "I'm the president of the United States of America. That makes me the best messenger."

On other domestic issues, he said NATO and G-7 leaders "do not think that" the United States is going in the wrong direction -- with reporters raising the Supreme Court abortion decision, continued mass shootings, including a massacre of children in Uvalde, and record-high inflation.

Addressing inflation and soaring prices across the board for goods at home, Biden said, "I can understand why the American people are frustrated because of inflation," but argued it's a world problem and not isolated to the U.S.

"The reason why gas prices are up is because of Russia, Russia, Russia," he said.

Biden spoke to close out his European trip made to meet with NATO and G-7 leaders to amid Russia's ongoing invasion of Ukraine.

In opening remarks, Biden delivered a message of NATO unity and strength in the face of new challenges, touting, above all, the addition of Finland and Sweden into the alliance.

"Putin thought you can break the Transatlantic Alliance. He tried to weaken us and expected our resolve to fracture. But he's getting exactly what he did not want," Biden said. "He wanted the federalization of NATO he got the NATO-ization of Finland."

"With the addition of Finland and Sweden will be stronger than ever," he added.

Saying that the U.S. will support Ukraine "for as long as it takes," Biden also said the U.S. will soon announce $800 million in new military aid to Ukraine including air defense systems and offensive weapons.

Copyright © 2022, ABC Audio. All rights reserved.


Making history, Ketanji Brown Jackson sworn in as Supreme Court justice

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(WASHINGTON) -- Ketanji Brown Jackson marked a milestone in American representation on Thursday when she was sworn in as the first Black woman in history to sit on the nation's highest court -- officially taking on the title of justice.

Chief Justice John Roberts, in a brief ceremony at the Supreme Court, administered the constitutional oath to Jackson, and retiring Justice Stephen Breyer, who Jackson clerked for some 20 years ago, administered the judicial oath.

Her husband, Dr. Patrick Jackson, held two Bibles -- a family Bible and the Harlan Bible, a King James Bible donated to the Supreme Court in 1906 -- as Jackson smiled broadly and finished repeating the oaths.

"On behalf of all the members of the court, I'm pleased to welcome Justice Jackson to the court and to our common calling," Roberts said as the other seven other sitting justices attending applauded while Jackson beamed.

Breyer shook her hand and whispered, "Congrats," before patting her on the back.

"With a full heart, I accept the solemn responsibility of supporting and defending the Constitution of the United States and administering justice without fear or favor, so help me God," Jackson said in a written statement. "I am truly grateful to be part of the promise of our great Nation."

She thanked her new colleagues "for their warm and gracious welcome," and said she is "especially grateful for the time and attention given to me by the Chief Justice and by Justice Breyer."

"Justice Breyer has been a personal friend and mentor of mine for the past two decades, in addition to being part of today's official act," she wrote. "In the wake of his exemplary service, with the support of my family and friends, and ever mindful of the duty to promote the Rule of Law, I am well-positioned to serve the American people."

Breyer, in his own statement, said he's "glad today" -- for "Ketanji," "for my fellow Justices," and "for America."

"Her hard work, integrity, and intelligence have earned her a place on this Court," he said. "They gain a colleague who is empathetic, thoughtful, and collegial... Ketanji will interpret the law wisely and fairly, helping that law to work better for the American people, whom it serves."

Roberts said at the ceremony there will be a formal investiture in the fall but the oaths Thursday will allow Jackson to undertake her duties, "and she's been anxious to get to them without any further delay."

Jackson said at the White House after her Senate confirmation, "It has taken 232 years and 115 prior appointments, but we've made it."

"And our children are telling me that they see now, more than ever, that here in America, anything is possible," she said.

Her joining the court also makes it the first time four women will sit on the high court bench at the same time.

President Joe Biden announced in January that Breyer would retire at the end of the term after 27 years on the court, fulfilling the wishes of progressives wary of waiting, and setting off what would become a month-long process to name Jackson and another 42 days for her confirmation.

Three Republicans ultimately joined Senate Democrats in confirming her, marking a significant political win for Biden's long-term legacy -- and his short-term efforts to energize Democrats.

Biden said, when he was considering nominees, that he was looking for someone with Breyer's judicial philosophy and "a pragmatic understanding that the law must work for the American people." And with Jackson's nomination, he delivered on a key promise from the 2020 campaign trail, before the all-important South Carolina primary, that he would nominate the court's first Black woman.

"This is going to let so much sun shine on so many young women, so many young Black women," Biden said in April, alongside Jackson and Vice President Kamala Harris, the nation's first female and first Black vice president. "We're going to look back and see this as a moment of real change in American history."

Jackson, 51, born in Washington D.C., comes off the Court of Appeals for the D.C. Circuit, considered the most important federal court next to the Supreme Court. She has more than eight years of experience on the federal bench, following a path through the judiciary traveled by many nominees before her.

Like other associate justices, she is a graduate of Harvard Law School, but she marks her place in history in multiple ways, as also the first former public defender and first Florida-raised judge to sit on the Supreme Court. She'll also be the first justice since Thurgood Marshall to have criminal defense experience.

Asked what her message to young Americans would be during her Senate confirmations, she recalled to the Senate Judiciary Committee feeling out of place at Harvard in her first semester -- when a stranger provided a remarkable lesson in resilience.

"I was walking through the yard in the evening and a Black woman I did not know was passing me on the sidewalk, and she looked at me, and I guess she knew how I was feeling. And she leaned over as we crossed and said 'persevere,'" Jackson said. "I would tell them to persevere."

She has also spoken with emotion about descending from slaves and her parents growing up in Jim Crow South.

"In my family, it took just one generation to go from segregation to the Supreme Court of the United States," Jackson said at the White House after she was confirmed. "And it is an honor, the honor of a lifetime, for me to have this chance to join the court, to promote the rule of law at the highest level, and to do my part to carry our shared project of democracy and equal justice under law forward into the future."

Her two daughters, Talia, 21, and Leila, 17, were also present for the brief but historic swearing-in.

ABC News Senior Washington Reporter Devin Dwyer contributed to this report.

Copyright © 2022, ABC Audio. All rights reserved.


Who is Ketanji Brown Jackson, the incoming Supreme Court justice? And the inside story behind her name

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(WASHINGTON) -- When word came that Supreme Court Justice Stephen Breyer was retiring, the spotlight immediately shifted to who might replace him with most attention focused on Ketanji Brown Jackson, who clerked for Breyer about 20 years ago.

That spotlight grew even brighter when it was revealed that President Joe Biden would nominate her as the first Black woman to sit on the nation's high court.

Biden introduced Jackson to the American public back in February as "an exceptionally qualified and historic nominee."

A Harvard Law School graduate who rose to become a federal appeals court judge, Jackson, despite her professional and academic accolades, has said she considers simply working hard throughout her life to be a main reason she's gotten to where she is today.

She was born 51 years ago, in 1970, in Washington, D.C. Her parents, both public school teachers, had moved to Washington from Miami in the post-civil rights era.

She has recounted in a 2017 speech that her parents, wanting to show pride in their African ancestry, asked her aunt, who was then in the Peace Corps in Africa, for a list of African girl names.

Taking one of her suggestions, Jackson's parents named her Ketanji Onyika, which she said they were told translates to "lovely one."

In 2017, Jackson, in a lecture at the University of Georgia School of Law, revealed more of her personal side, reflecting not just on her legal career -- but on dealing with motherhood at the same time.

"Right now, in fact, I'm in that peculiar stage of life when I experience near-daily whiplash from the jarring juxtaposition of my two most significant roles: U.S. district judge on the one hand and mother of teenage daughters on the other," she said.

Jackson and her husband Patrick, a doctor, have two daughters, Talia who was 16 and Leila who was 12 years old at the time she told that story. During that same talk, Jackson said her family values include respecting everyone and making your best effort in everything you do.

"In our family, we have a mantra that emphasizes prioritization on work over play as one of our first principles," Jackson said. "As the girls would testify, 'do what you need to do before what you want to do' is a constant refrain in our house."

Jackson has served on the Court of Appeals for the D.C. Circuit, considered the most important federal court next to the Supreme Court. It has jurisdiction over cases involving Congress and the executive branch agencies.

During her confirmation hearing for that position, Republican senators grilled her on whether she thought race would play a factor in her decision-making.

Jackson said when she considers cases, she is looking at the facts and the law.

"I'm methodically and intentionally setting aside personal views, any other inappropriate considerations," she said. "I would think that race would be the kind of thing that would be inappropriate to inject in an evaluation of a case."


The Senate eventually made her the first Black woman confirmed to an appellate court in a decade. After her confirmation, there were only six Black women serving as judges on federal appeals courts.

She has noted she is "fairly certain" her ancestors were slaves on both sides of her family.

"It is the beauty and the majesty of this country, that someone who comes from a background like mine could find herself in this position," Jackson said during her Senate confirmation hearing last year. "I'm just enormously grateful to have this opportunity to be a part of the law in this way, and I'm truly thankful for the president giving me the honor of this nomination."

Former President Barack Obama interviewed Jackson in 2016 for the Supreme Court to fill Justice Antonin Scalia's seat after his death.

Before that, Jackson said during her speech at the University of Georgia, her youngest daughter, Leila, came to her and her husband and asked if they knew Justice Scalia had died, leading to a vacancy on the nation's highest court. Jackson said Leila's middle school friends decided she should apply.

"Getting to be on the Supreme Court isn't really a job you apply for," Jackson said she explained to Leila. "You just have to be lucky enough to have the president find you among the thousands of people who might want to do that job."

Jackson then shared how her daughter decided to write President Obama, telling him to consider her mom for the Supreme Court.

She said her daughter's handwritten note read, "she is determined, honest and never breaks a promise to anyone, even if there are other things she'd rather do. She can demonstrate commitment and is loyal and never brags."

ABC News' Devin Dwyer contributed to this report.

Copyright © 2022, ABC Audio. All rights reserved.


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