(HARTFORD, Conn.) — Investigators say they discovered over 100 bags of fentanyl in the bedroom of a Connecticut teen who overdosed and died earlier this month and are seeking any information on the person who provided the drugs.
The Hartford Police Department said Wednesday that the bags recovered from the room matched 60 bags found at the Sports and Medical Science Academy, a magnet school in Hartford where the unidentified 13-year-old overdosed on Jan. 13. He died the following Saturday, police said.
“This fentanyl was packaged in the same manner as the bags located at the school, had the same identifying stamp, and tested at an even higher purity level (60% purity),” the Hartford police said in a statement.
Fentanyl is a Schedule II prescription drug used to treat patients suffering from severe pain after surgery, according to the National Institute on Drug Abuse. It is 50 to 100 times more potent than morphine, according to the institute.
The rate of drug overdose deaths involving synthetic opioids other than methadone, such as fentanyl, increased 56%, from 11.4 per 100,000 in 2019 to 17.8 per 100,000 in 2020, according to data from the U.S. Centers for Disease Control and Prevention.
Two other students at the public school were sickened after apparently being exposed to the drug, but both recovered, investigators said.
The police said there is no evidence that anyone other than the 13-year-old brought the drugs to the school, police said.
An “individual who has history at the residence” and narcotics history is a person of interest but hasn’t been labeled a suspect, according to the police. Investigators have also interviewed the teen’s mother, who they say has been cooperating.
“At this time, we have no evidence to support her having any prior knowledge of her son’s possession of the fentanyl,” the police said in a statement.
(COLLEYVILLE, Texas) — A man faces a federal charge for allegedly selling the gun used in the Texas synagogue hostage situation earlier this month, authorities said.
Henry Williams, 32, faces one charge of being a felon in possession of a firearm in connection with the hostage crisis at Congregation Beth Israel in the Fort Worth suburb of Colleyville on Jan. 15.
The armed suspect, identified by authorities as 44-year-old British citizen Malik Faisal Akram, died in the incident when an FBI hostage rescue team breached the synagogue after an 11-hour standoff.
Investigators allege Williams sold Akram a Taurus G2C pistol on Jan. 13, two days before the hostage incident.
The FBI said it discovered Williams’ alleged ties to Akram through an analysis of Akram’s phone records after his death.
Agents first interviewed Williams on Jan. 16, during which he allegedly said he recalled meeting “a man with a British accent,” the Department of Justice said.
Agents interviewed Williams again after his arrest on an outstanding state warrant on Monday, during which he allegedly confirmed he sold Akram the handgun at an intersection in South Dallas after viewing a photo of the suspect, according to the Justice Department.
“Williams allegedly admitted to officers that Mr. Akram told him the gun was going to be used for ‘intimidation’ to get money from someone with an outstanding debt,” the Department of Justice said in a statement.
Cellphone records for both men also show their phones were in close proximity on Jan. 13, according to prosecutors.
Williams was arrested Tuesday on the firearm charge and made his first appearance before a magistrate judge Wednesday afternoon. According to the Department of Justice, Williams was previously convicted of aggravated assault with a deadly weapon and attempted possession of a controlled substance.
“Federal firearm laws are designed to keep guns from falling into dangerous hands. As a convicted felon, Mr. Williams was prohibited from carrying, acquiring, or selling firearms,” U.S. Attorney for the Northern District of Texas Chad Meacham said in a statement. “Whether or not he knew of his buyer’s nefarious intent is largely irrelevant — felons cannot have guns, period, and the Justice Department is committed to prosecuting those who do.”
A detention hearing has been scheduled for Monday. ABC News has reached out to Williams’ attorney for comment.
A rabbi and three members of the synagogue were taken hostage during the incident. All four managed to escape unharmed.
FBI agents said the suspect was demanding the release of a convicted terrorist and believe the location was intentionally targeted because it was the closest synagogue to Carswell Air Force Base near Fort Worth, where the prisoner is being held.
Multiple law enforcement sources told ABC News the suspect was demanding the release of Aafia Siddiqui, who was convicted of assault and attempted murder of a U.S. soldier in 2010 and sentenced to 86 years in prison.
In the weeks since the incident, investigators have been digging into the suspect’s social media and personal devices to try and find out more about his travel and associates.
Four men have also been arrested in England within the past week as part of the probe, British authorities said.
(WASHINGTON) — Secretary of State Antony Blinken, speaking at the State Department on Wednesday, confirmed the U.S. had delivered a written response to Moscow security demands as Russia amassed troops on its borders with Ukraine.
“Today, Ambassador Sullivan delivered our written response in Moscow. All told, it sets out a serious diplomatic path forward, should Russia choose it,” Blinken said.
“The document we’ve delivered includes concerns of the United States and our allies and partners about Russia’s actions that undermine security, a principled and pragmatic evaluation of the concerns that Russia has raised, and our own proposals for areas where we may be able to find common ground,” he continued.
“This is not a negotiating document,” Blinken said, adding that President Joe Biden was “involved from the get-go” and had signed off on it.
“The ball is their court,” he added, referring to the Russians.
Russia had said it would not continue talks until Moscow had the responses in hand, and Blinken announced after meeting in Geneva last week with Russian Foreign Minister Sergei Lavrov that the U.S. would oblige, which some argued might be seen as a U.S. concession.
But Blinken denied that, saying the U.S. did not change its positions in the paper, but “reiterated what we said publicly for many weeks and, in a sense, for many, many years.”
That includes rejecting Russia’s key demands, laid out in its own draft treaties last month, that NATO bar Ukraine from joining the Western military alliance and that NATO pull back troops from its Eastern European member states, who were formerly Soviet states.
“There is no change. There will be no change,” he told reporters. “I can’t be more clear — NATO’s door is open, remains open, and that is our commitment.”
Blinken and Lavrov will speak in the coming days once Russia has reviewed the U.S. response, the top U.S. diplomat said. While there are fears that Russia is using the diplomatic exchange as pretext to attack Ukraine, saying diplomacy failed to address their concerns, Blinken said the U.S. would not be the one to end talks, even as it prepares sanctions and readies NATO deployments.
“You may be right, that Russia is not serious about this at all. But we have an obligation to test that proposition, to pursue the diplomatic path,” he said. “The point is we’re prepared either way.”
Blinken’s comments follow Biden saying Tuesday there could be some U.S. troop movements in the “nearer term” — and that he would consider personally sanctioning Russian President Vladimir Putin if Russia invades Ukraine — a day after 8,500 American forces were put on “heightened alert” in the region.
But in Ukraine, leaders have offered a different assessment from that put forward by the White House that a full-scale Russian attack is imminent.
During a news conference on Wednesday, Ukraine Foreign Minister Dmytro Kuleba said they believe Russia’s forces are currently “insufficient” for a full-scale invasion and that right now the Kremlin is seeking to destabilize Ukraine with the threat of attack and other means, not yet actually launching one.
In a televised address to the nation Tuesday night, Ukrainian President Volodymyr Zelenskiy urged people to stay calm about the threat of a Russian attack and said there was work in progress to bring about a meeting between him and the leaders of Russia, France and Germany.
“Protect your body from viruses, your brain from lies, your heart from panic,” Zelenskiy said.
The White House and State Department have defended the administration’s decisions and rhetoric, denying that drawing down the embassy, putting 8,500 U.S. troops on alert, and warning of an “imminent” threat have escalated the situation.
Asked on Tuesday about the criticism from Kyiv that the U.S. is giving into Russia’s playbook, State Department Spokesperson Ned Price denied the U.S. created a “panic.”
“We have been clear about our concerns. We have been clear about the depth of those concerns,” Price said. “Given what we’re seeing on Ukraine’s borders, what we’re seeing in what should be an independent sovereign country of Belarus, with the Russian military buildup there, what we’re seeing with preparations for potential hybrid operations — all of this is cause for concern, but certainly no one is calling for panic.”
(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 5.6 million people have died from the disease worldwide, including over 872,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.
About 63.5% of the population in the United States is fully vaccinated against COVID-19, according to data from the Centers for Disease Control and Prevention.
Here’s how the news is developing. All times Eastern:
Jan 26, 5:00 pm
NIH trial finds mixing and matching boosters is safe and effective
A study from the National Institutes of Health published in the New England Journal of Medicine found mixing and matching boosters are safe and create a similar immune response to sticking with your initial vaccine.
An earlier version of this study, with more preliminary findings, helped guide the CDC’s decision to allow mix-and-match.
The study authors make no claims about specific combinations being more or less effective. The study did find that people who got an mRNA vaccine (Pfizer or Moderna) and then received the Johnson & Johnson booster had a significant increase in T-cell response, a part of immunity.
The trial looked at 458 participants who received a vaccine with no prior COVID-19 infection. This data is only for the first 29 days after receiving the booster; researchers plan to follow the participants for one year, allowing for more data.
-ABC News’ Vanya Jain, Sony Salzman, Eric Strauss, Dr. Alexis Carrington
Jan 26, 4:47 pm
Unvaccinated child dies in Mississippi
An unvaccinated child has died in Mississippi from COVID-19, according to the state’s health department.
The department confirmed to ABC News that the child was between the ages of 11 and 17, an age bracket that is eligible to receive Pfizer’s COVID-19 vaccine.
This marked the 10th child — including an infant — to die in Mississippi from COVID-19. None of the 10 children were vaccinated, according to the health department.
-ABC News’ Josh Hoyos
Jan 26, 10:40 am
US hospital admissions projected to fall for 1st time in months
COVID-19-related hospital admissions in the U.S. are expected to fall in the weeks to come, the first time the nation would see a decline in months, according to forecast models used by the CDC.
Estimates suggest between 4,900 and 27,800 Americans could be admitted to the hospital each day by Feb. 18.
Deaths from COVID-19 are expected to remain stable or have an uncertain trend. Estimates suggest about 33,000 more Americans could die from COVID-19 over the next two weeks.
-ABC News’ Arielle Mitropoulos
Jan 25, 6:06 pm
All Super Bowl attendees to get KN95 mask
Every attendee of next month’s Super Bowl in Los Angeles will receive a KN95 mask, health officials said Tuesday.
Additionally, “safety team members” will remind fans to keep their masks on unless they are eating or drinking, Los Angeles County Public Health Director Barbara Ferrer said during a county Board of Supervisors meeting.
Attendees at the Super Bowl Experience will also receive a free at-home rapid test kit, Ferrer said, with messaging to test before the big game on Feb. 13 at SoFi Stadium.
The county expects to distribute over 60,000 take-home kits during the Super Bowl Experience, held at the Los Angeles Convention Center from Feb. 5 to Feb. 12.
(WASHINGTON) — President Joe Biden on Wednesday declined to expand on reports Justice Stephen Breyer would be retiring from the Supreme Court at the end of the current term, saying he would wait to speak further until the justice personally announces his plans.
“Every justice has the right and opportunity to decide what he or she is going to do, announce it on their own. There’s been no announcement from Justice Breyer. Let him make whatever statement he’s going to make, and I’ll be happy to talk about it later,” Biden said.
Breyer, the most senior member of the U.S. Supreme Court’s liberal wing and staunch defender of a nonpartisan judiciary, stepping down from the bench fulfills the wish of Democrats who lobbied for his exit and for Biden’s first high court appointment.
The vacancy now paves the way for Biden to nominate a Black woman to the court — a historic first and something he promised during the 2020 campaign.
Biden’s first public appearance since the news was at an afternoon White House event with American business executives to discuss his stalled Build Back Better agenda.
Several progressive House lawmakers have already amped up the pressure on Biden with Reps. Ayanna Pressley, D-Mass., Cori Bush, D-Mo., and Jamaal Bowman, D-N.Y., all reminding Biden on Twitter of his promise to elevate a Black woman to the position.
When reporters followed up with the president on Wednesday, Biden added, “I’ll be happy to talk about this later. I’m gonna get into this issue.”
White House press secretary Jen Psaki shared the president’s sentiment in an earlier tweet.
“It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today,” she said.
Senate Majority Leader Chuck Schumer, in a statement, said the Senate is prepared to move to confirm Biden’s nominee to fill the Supreme Court vacancy with “all deliberate speed.”
“President Biden’s nominee will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed,” he wrote in a statement.
Sen. Dick Durbin, D-Ill., who chairs the Senate Judiciary Committee, which holds hearings for court nominees, said in a statement that the vacancy presents Biden “the opportunity to nominate someone who will bring diversity, experience, and an evenhanded approach to the administration of justice” and that he looks forward to moving the nominee “expeditiously through the Committee.”
Republican Sen. Lindsey Graham of South Carolina reacted to the news with a reminder that Democrats — having the slimmest of majorities in the Senate — still have the ability to pass Biden’s nominee without Republican support. Sen. Mitch McConnell, as majority leader in 2017, lowered the threshold to break the Senate filibuster from 60 votes to 51 votes for Supreme Court nominees in order to pass former President Donald Trump’s first pick.
“If all Democrats hang together – which I expect they will – they have the power to replace Justice Breyer in 2022 without one Republican vote in support. Elections have consequences, and that is most evident when it comes to fulfilling vacancies on the Supreme Court,” Graham said in a statement, in a nod to the 2020 Senate elections in Georgia which Democrats won.
Progressive activists had put unprecedented public pressure on Breyer, who was nominated in 1994 by President Bill Clinton, to retire. McConnell said in June that the GOP may try to block a Democratic nominee to the court if the party wins control of the Senate in November and a vacancy occurs in 2023 or 2024.
ABC News’ Devin Dwyer, Allison Pecorin and Eric Fayeulle contributed to this report.
(WASHINGTON) — With the retirement of Supreme Court Justice Stephen Breyer at the end of the current term, one name keeps rising to the top of the list of potential replacements: Judge Ketanji Brown Jackson.
Jackson, whom President Joe Biden nominated to replace Merrick Garland on the high-profile D.C. Circuit Court of Appeals when he picked Garland for attorney general, is a Harvard Law graduate who served as a clerk to Breyer from 1999-2000 and interviewed with former President Barack Obama for former Justice Antonin Scalia’s vacancy in 2016.
After the Supreme Court, the D.C. Circuit Court of Appeals is the most important federal court in the country, with jurisdiction over cases involving Congress and the executive branch agencies.
Biden, who has said he would appoint the first African American woman to the Supreme Court because the court should “look like the country,” would be able to make good on that promise with a Jackson nomination. No Black woman has ever been nominated to the high court.
Other top contenders include Judge Leondra Kruger, of the California Supreme Court; Judge Leslie Abrams Gardner, of the US District Court Georgia; and Judge J. Michelle Childs, of the US District Court South Carolina.
Jackson was the first Black woman confirmed to an appellate court in a decade and is one of six Black female circuit court judges currently serving. She is also one of just 39 active Black female federal judges out of 793 total.
The 51-year-old also has some bipartisan appeal. She was confirmed 53-44 to her current seat in June 2021, drawing votes from three Republicans — Sens. Lindsey Graham, R-S.C., Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska.
At the time, several Republican senators brought up the advocacy group Demand Justice, which has supported Jackson’s nomination and has called for expanding the Supreme Court.
“Demand Justice claims that the Supreme Court is broken,” Sen. John Cornyn, R-Texas, said. “Do you think the Supreme Court is broken?”
“Senator, I’ve never said anything about the Supreme Court being broken,” Jackson said in response. “Again, I’m not going to comment on the structure, the size, the functioning even, of the Supreme Court.”
Under questioning, she also characterized religious liberty as a foundational tenet of the U.S. government and said the Supreme Court has made clear that the government cannot infringe on religious rights.
She was also asked if she believed race would play a role in her decision making, if mandatory minimums were racist and the role of race in the judicial system.
Jackson repeatedly emphasized her belief in judicial independence.
Jackson grew up attending public schools in Miami and graduated from Harvard College. She has served as an assistant public defender and as vice chair and commissioner on the U.S. Sentencing Commission.
The mother of two teenage daughters is related to former House Speaker Paul Ryan by marriage.
Ryan testified on her behalf when she was nominated to the district court in 2012, offering his “unequivocal” endorsement.
During her circuit court confirmation hearing, she offered a poignant response when Sen. Alex Padilla, D-Calif., asked what the nomination meant to her.
“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,” she answered. “And so 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.”
ABC News’ Lauren Lantry and Adia Robinson contributed to this report.
(WASHINGTON) — At the dawn of the COVID-19 pandemic, vaccine makers raced to design a shot that perfectly matched the new virus’s genetic code. Their efforts were successful, resulting in highly effective vaccines in record time.
But the virus has continued to evolve into new, concerning variants, each with a slightly different genetic code. Although current vaccines still work well against new variants, they are no longer a perfect match.
Vaccine makers like Pfizer and Moderna are now exploring tweaked booster shots to match the now-dominant omicron variant, but the U.S. government is aggressively pursuing a different approach: a pan-coronavirus vaccine that would work equally well against any COVID-19 variant.
“Since September of 2020 there have been five SARS-CoV-2 variants of concern — alpha, beta, gamma, delta and now, the current, omicron,” Dr. Anthony Fauci said at a White House task force briefing Wednesday. “So, obviously, innovative approaches are needed.”
Fauci, who heads up the National Institute of Allergy and Infectious Diseases, has issued $43 million in research grants across several academic institutions to support development of a pan-coronavirus vaccine, sometimes called a “universal” coronavirus vaccine.
The idea, scientists say, is to create a vaccine that works as as a generalist rather than a specialist. A pan-coronavirus vaccine will be designed using features of the virus’s genetic code that are shared universally across all different versions of the virus — and hopefully, any new versions that will emerge.
Several research groups are already working on a pan-coronavirus vaccine, including scientists at the California Institute of Technology, Duke University, University of Washington, Brigham and Women’s Hospital in Boston and the University of Wisconsin, Madison.
But scientists at the Walter Reed Army Institute of Research are arguably the furthest along. The Army vaccine appears to work well in monkeys, and is now being tested for safety in a phase 1 study in human volunteers.
In a rare look inside the Walter Reed laboratories last year, ABC News’ Bob Woodruff spoke to a team of Army scientists hopeful that their vaccine candidate would work not only against COVID-19 variants, but also against related coronaviruses, like those that caused the SARS-1 and MERS outbreaks in 2003 and 2012, respectively.
But designing a pan-coronavirus vaccine is no easy feat. Scientists say it could take months, even years, to find a vaccine that works equally well against multiple coronavirus strains.
“I don’t want anyone to think that pan-coronavirus vaccines are literally around the corner in a month or two,” Fauci said. Current vaccines dramatically reduce the risk of hospitalization and severe illness, even against new variants like omicron. And crucially, they are available today.
“Do not wait to receive your primary vaccine regimen,” Fauci said. “If you are vaccinated, please get your booster if you are eligible.”
ABC News’ Matthew Seyler contributed to this report.
(WASHINGTON) — Officials at the Federal Reserve on Wednesday signaled that they could “soon” raise interest rates for the first time in three years, as inflation concerns cast a shadow over the pandemic-battered economy.
The central bankers said in a statement Wednesday that they were leaving rates unchanged for now, at near-zero levels, but with a recovering labor market and the threat of inflation, this will likely change in the near future.
“With inflation well above 2 percent and a strong labor market, the Committee expects it will soon be appropriate to raise the target range for the federal funds rate,” the Fed said in a statement Wednesday.
Federal Reserve Chair Jerome Powell said during his closely watched news conference Wednesday that the Fed’s “policy has been adapting to the evolving economic environment and will continue to do so,” alluding to the backdrop of elevated inflation and labor market gains.
“Economic activity expanded at a robust pace last year, reflecting progress on vaccinations and the reopening of the economy,” Powell said. “Indeed, the economy has shown great strength and resilience in the face of the ongoing pandemic.”
Powell said the sharp rise in COVID-19 cases associated with the omicron variant likely will weigh on economic growth in the short term, but he expressed hope, as health experts have suggested, that the omicron variant hasn’t been as virulent as previous strains, and that it’s expected for cases to drop off more rapidly.
Powell added that “inflation remains well above our longer run goal of 2%,” which it notably has for some time now. He attributed this largely to supply and demand imbalances related to the pandemic and the reopening of the economy.
“These problems have been larger and longer lasting than anticipated, exacerbated by waves of the virus,” Powell said Wednesday. “While the drivers of higher inflation have been predominantly connected to the dislocations caused by the pandemic, price increases have now spread to a broader range of goods and services. Wages have also risen briskly, and we are attentive to the risks that persistent real wage growth in excess of productivity could put upward pressure on inflation.”
The Fed chair said that they expect inflation to decline over the course of the year, but signaled that the central bankers are taking this issue seriously — they’re very aware of the pain it causes for consumers and will be “watching carefully” to see how the economy evolves.
“We understand that high inflation imposes significant hardship, especially on those least able to meet the higher costs of essentials like food, housing and transportation,” Powell added. “In addition, we believe that the best thing we can do to support continued labor market gains is to promote a long expansion and that will require price stability. We’re committed to our price stability goal.”
Powell continued: “We will use our tools both to support the economy and a strong labor market, and to prevent higher inflation from becoming entrenched.”
The Fed officials noted in their latest policy statement that indicators of economic activity and employment have continued to strengthen.
“The sectors most adversely affected by the pandemic have improved in recent months but are being affected by the recent sharp rise in COVID-19 cases,” the statement said. “Job gains have been solid in recent months, and the unemployment rate has declined substantially.”
Still, they noted that supply and demand imbalances related to the pandemic and reopening of the economy “have continued to contribute to elevated levels of inflation,” and that much of the economic recovery still remains at the mercy of the virus.
The unemployment rate as of last month fell to 3.9%, only slightly above the pre-pandemic rate of 3.5% in February 2020.
Soaring inflation, however, has thrown a new wrench into the economic recovery. Government data released earlier this month indicated that consumer prices have jumped 7% over the last 12 months, the largest one-year increase since 1982.
The Fed officials also reiterated Wednesday that they expect to continue to taper their pandemic-era asset purchasing program meant to buoy the economy during the health crisis and end it completely by early March.
In previous projections released last month, Fed officials indicated that they anticipated as many as three interest rate hikes starting in 2022.
(NEW YORK) — A segment of a SpaceX rocket that launched seven years ago is currently on course to crash into the moon.
The booster was part of the Falcon 9 rocket that lifted off from SpaceX’s Launch Complex 40 at Cape Canaveral Air Force Station in Florida in February 2015 as part of a mission to send a space-weather satellite more than a million miles from Earth.
However, after a long burn to release the satellite at a specific position in space, the booster didn’t have enough fuel to return to Earth’s atmosphere, meteorologist Eric Berger explained in Ars Technica.
Additionally, its orbit was not high enough to escape the gravity pull between Earth and the moon, leaving the booster in a “chaotic orbit.”
Bill Gray, creator of Project Pluto, which supplies astronomical software that tracks objects near Earth to amateur and professional astronomers, wrote in a blog post that he’s calculated the impact likely will occur on the far side of the moon on March 4 around 7:25 a.m. ET.
“It’s been up there — just an inert piece of space junk — for the past seven years,” Jonathan McDowell, an astronomer working at the Harvard-Smithsonian Center for Astrophysics, told ABC News. “Because of its orbit, it keeps coming somewhat close to the moon and that changes its orbit unpredictably, and so the moon keeps tugging on it and changes it orbit.”
He explained that the “last tug” the booster got from the moon in January set it on a path that it will come back near the Earth in early February, go beyond the moon in late February and then start falling back toward it in early March, causing the crash.
It’s not clear exactly where the booster will hit because sunlight can “push” it to slightly change course, but the four-ton segment is going to crash at 5,600 mph, likely creating a crater with a diameter several feet wide.
However, McDowell, who publishes a regularspace report, said the collision is nothing to worry about.
“This is not the the first time that we’ve smashed rocket stages into the moon,” he said. “We used to do it deliberately back in the days of Project Apollo to actually do scientific experiments to basically ring the moon like a bell and look for the interior structure with seismometers — sort of an artificial earthquake if you like — and that didn’t do any damage to the moon.”
Additionally, in 2009, NASA’s LCROSS spacecraft purposely slammed into the moon to collect data about the impact.
The impending crash also should have positive implications for science — it will offer researchers a rare opportunity to study and observe how craters are formed on the moon.
“The advantage you have of smashing a rocket into the moon and creating an artificial crater, instead of letting nature throw a rock at the moon and making an actual one, is that you know exactly what you’re throwing at the moon, you know what it’s made of and how heavy it is,” McDowell said. “If you know a four-ton aluminum rocket stage makes this big a crater, then that gives you a sense of how big a rock must have made this other crater.”
He added that the new crater created by the booster may uncover material and give a better idea of the composition of that part of the moon.
SpaceX did not immediately respond to ABC News’ request for comment.
(WASHINGTON) — Justice Stephen G. Breyer, the most senior member of the U.S. Supreme Court’s liberal wing and staunch defender of a nonpartisan judiciary, is retiring from the bench, fulfilling the wish of Democrats who lobbied for his exit and clearing the way for President Joe Biden’s first high court appointment.
Breyer, the court’s oldest member at 83, will step down despite apparent good health, deep passion for the job and active involvement in cases. This term he authored major opinions upholding the Affordable Care Act, affirming free speech rights of students off-campus and resolving a multi-billion dollar copyright dispute between two titans of American technology, Google and Oracle.
“He has been operating at the peak of his powers,” said Jeffrey Rosen, law professor and president of the National Constitution Center. “It was so inspiring that this term his pragmatic vision of compromise and moderation were ascendant and all of the unanimous decisions were a moving tribute to his inspiring legacy.”
While Breyer has disavowed political considerations, many will see them in his decision to leave now. Stepping down early in the Biden presidency and while Democrats retain a razor-thin majority in the U.S. Senate will help ensure his seat is filled with someone who shares his judicial philosophy.
“It’s a highly personal decision,” Breyer told ABC News of retirement in a 2015 interview.
Progressive activists had imposed unprecedented public pressure on Breyer, who was nominated in 1994 by President Bill Clinton, to retire quickly. Senate Republican Leader Mitch McConnell said in June that the GOP may block a Democratic appointment to the court if the party retakes control of the Senate next year and a vacancy occurs in 2023 or 2024.
Many Democrats remain haunted by Republican obstruction of President Barack Obama’s nominee to the court in 2016 and the rushed confirmation of Justice Amy Coney Barrett last year, just weeks before the 2020 election and after the sudden death of Justice Ruth Bader Ginsburg.
In the lead up to his retirement, Breyer distanced himself from partisan politics.
“It is wrong to think of the court as another political institution,” he said in an April speech at Harvard Law School. “And it is doubly wrong to think of its members as junior league politicians.”
He added, justices “are loyal to the rule of law, not to the political party that helped to secure their appointment.”
“He’s very savvy,” said Rosen. “He understands that democracy is fragile and people in the past have not obeyed the court and the court doesn’t have any ability to enforce its decisions. That’s why being attentive to its legitimacy is so important to him.”
The vacancy now clears the way for Biden to nominate an African American woman to the court, a historic first and something he promised during the 2020 campaign.
There have been five female justices in Supreme Court history; three are currently serving — Justices Barrett, Elena Kagan and Sonia Sotomayor, the first and only woman of color confirmed to the high court.
U.S. Appeals Court Judge Ketanji Brown Jackson, a former Breyer clerk, public defender and Biden appointee who won three Senate Republican votes in confirmation, is considered a top contender for nomination along with Judge Leondra Kruger of the California Supreme Court, a former deputy solicitor general in the Obama administration who has argued a dozen cases before the high court.
“We are putting together a list of a group of African American women who are qualified and have the experience to be on the court,” Biden said in June 2020. “I am not going to release that until we go further down the line in vetting them.”
While Breyer never enjoyed the rock-star status held by Ginsburg, he has long been revered and celebrated as a consensus-seeker and happy warrior throughout his 27 years on the court.
“He is not a dogmatist, generating rules from some high-level theory. He is in search of workable results,” former federal appeals court Judge Richard Posner said of Breyer in the Yale Law Journal.
As a devout institutionalist, Breyer has passionately defended the Supreme Court’s reputation as an impartial and apolitical branch of American government. Later this year, he will publish a book on the subject, “The Authority of the Court and the Peril of Politics.”
“A judge has to do his best not to have an opinion on a political matter,” he told ABC News in 2015. “And if I have an opinion, I might talk to my wife about it but I’m not going to talk to you.”
He has described differences among the justices as contrasts in “philosophical outlook” rather than differences of politics and chaffed at the labeling of justices as “liberal” or “conservative.”
“Politics to me is who’s got the votes. Are you Republican or Democrat? I don’t find any of that here,” he told ABC News Chief Washington Correspondent Jonathan Karl.
Breyer has been one of the few justices to be a regular attendee at State of the Union addresses before a joint session of Congress.
“I think it is very, very, very, important — very important — for us to show up at that State of the Union,” the justice told Fox News in 2010. “Because people today, as you know, are more and more visual … and I would like them to see the judges too, because federal judges are also part of that government.”
In recent years, as the court was repeatedly thrust into an uncomfortable spotlight during the Donald Trump presidency, Breyer joined with Chief Justice John Roberts to help steer the institution away from the headlines.
“The more the political fray is hot and intense, the more we stay out of it,” Breyer explained during a 2020 interview with the Kennedy Institute.
The nine justices have handed down more unanimous opinions in 2021 than any time in at least the last seven years. Court analysts credit a narrow focus on common ground rather than sweeping, more divisive pronouncements. Some see a vindication of Breyer’s longtime approach in the results.
During oral arguments, Breyer is frequently one to lean in, animatedly challenging lawyers on both sides of a debate to address the real life consequences of a case. He has earned the moniker “king of hypotheticals” for his creative use of the technique.
“You have to have the imagination to understand how those words will affect those lives,” Breyer said in a 2017 interview with NYU School of Law. “That means you understand something about the lives of other people.”
Breyer has cultivated a reputation for pragmatism and compromise in his opinions, which have been praised for their colloquial language and avoidance of jargon.
“My job … is to write opinions,” Breyer told Fox News Sunday in 2010. “The job of 307 million Americans is to criticize those opinions. And what they say is up to them. And the words I write are carrying out my job under the law as best I see it.”
In 2014, Breyer wrote for an unanimous court to limit the scope of a president’s power to make recess appointments.
“Pro forma sessions (of Congress) count as sessions, not as periods of recess,” he said, dealing a rebuke to Obama who had tried to force appointments to the National Labor Relations Board. “The Senate is in session when it says it is.”
He has twice authored significant majority opinions on the issue of abortion.
In 2000, Breyer wrote a 5-4 decision striking down a Nebraska law criminalizing “partial-birth abortions” as “an undue burden upon a woman’s right to make an abortion decision.” Two decades later, his opinion in June Medical Services v. Russo cast a Louisiana law requiring hospital admitting privileges for abortion doctors as a “substantial obstacle” to women that violates the Constitution.
On the First Amendment, Breyer was the pivotal vote in a pair of 5-4 decisions in 2005 involving public displays of the Ten Commandments. He voted to uphold a longstanding monument at the Texas state capitol, while opposing placement of framed copies of the commandments inside Kentucky courthouses. He was the only justice to agree with both decisions.
“The government must avoid excessive interference with, or promotion of, religion. But the Establishment Clause does not compel the government to purge from the public sphere all that in any way partakes of the religious,” Breyer wrote in a concurring opinion in the Texas case. “Such absolutism is not only inconsistent with our national traditions, but would also tend to promote the kind of social conflict the Establishment Clause seeks to avoid.”
Breyer frequently championed “six basic tools” that judges should use when deciding a case — text, history, tradition, purpose, precedent and consequences. He has also urged consideration of international law.
“When you’re talking about the Constitution, different judges emphasize different ones of those,” he said in a 2017 interview, “but nobody leaves any of those out completely.”
When Breyer’s analysis put him at odds with his colleagues, he frequently wrote in dissent, defending the use of race as a factor in school admissions; pushing for deference to legislatures on gun control laws; and, opposing partisan gerrymandering.
“The use of purely political considerations in drawing district boundaries is not a necessary evil that, for lack of judicially manageable standards, the Constitution inevitably must tolerate,” Breyer wrote in a 2004 case.
In the hotly contested 2000 election, Breyer lamented the court’s decision to get involved in the dispute between George W. Bush and Al Gore.
“The Court was wrong to take this case. It was wrong to grant a stay,” he wrote at the time. “We do risk a self-inflicted wound — a wound that may harm not just the Court, but the Nation.”
Breyer has been a staunch critic of the death penalty and what he sees as unacceptably lengthy delays between sentences and executions.
In a famous 40-page dissent in 2015, Breyer urged the court to reconsider whether capital punishment violates the Eighth Amendment.
“Lack of reliability, the arbitrary application of a serious and irreversible punishment, individual suffering caused by long delays, and lack of penological purpose are quintessentially judicial matters,” he wrote.
“They concern the infliction — indeed the unfair, cruel, and unusual infliction — of a serious punishment upon an individual,” he continued. “The Eighth Amendment sets forth the relevant law, and we must interpret that law.”
Breyer’s career on the high court caps a lifetime of public service.
He grew up in San Francisco, where he attended public schools and earned the rank of Eagle Scout. In 1957, Breyer joined the U.S. Army Reserves and served a tour of active duty in the Army Strategic Intelligence during his six-year career.
He studied philosophy at Stanford University and became a Marshall Scholar at Oxford University. In 1964, he earned his law degree from Harvard University and went on to clerk for justice Arthur Goldberg on the U.S. Supreme Court.
“I’m sure they wanted me to be a lawyer,” Breyer said of his parents in a 2017 oral history. “I thought, well I’d like to be a lawyer. I sort of always knew I would be.”
After a short stint in the Justice Department antitrust division, Breyer joined the faculty at Harvard Law School in 1967, specializing in administrative law. That same year he married Joanna Hare, a member of the British aristocracy and a pediatric psychologist at the Dana-Farber Cancer Institute.
In the mid-1970s, he cut his teeth in politics, serving as an assistant special prosecutor in the Watergate investigation and later as special counsel to the Senate Judiciary Committee working alongside Sen. Ted Kennedy.
“A few lessons I learned from Kennedy. One of them: the best is the enemy of the good,” Breyer said in 2017. “If you could get an inch, it’s much better to get that inch then to complain about not getting a mile.”
He was first appointed to the federal bench in 1980 by President Jimmy Carter, going on to serve 13 years as an appellate judge until Clinton elevated him to replace Justice Harry Blackmun on the Supreme Court in 1994. The Senate confirmed Breyer 87-9.
Asked in 2017 how he would like to be remembered, Breyer told an interviewer: “You play the hand you’re dealt. You’re dealt one. And you do the best with what you have. If people say yes, he did, he tried, he did his best and was a decent person, good.”
